Florida Senate - 2021                                   SJR 1338
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01748-21                                           20211338__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         22 of Article III and an amendment to Section 10 of
    4         Article IV of the State Constitution to authorize the
    5         proposal and enactment of legislation by initiative
    6         and to provide for Supreme Court review of initiative
    7         petitions proposing legislation.
    8          
    9  Be It Resolved by the Legislature of the State of Florida:
   10  
   11         That the following creation of Section 22 of Article III
   12  and the amendment of Section 10 of Article IV of the State
   13  Constitution is agreed to and shall be submitted to the electors
   14  of this state for approval or rejection at the next general
   15  election or at an earlier special election specifically
   16  authorized by law for that purpose:
   17                             ARTICLE III                           
   18                             LEGISLATURE                           
   19         SECTION 22.Legislation by initiative.—
   20         (a)The power to propose legislation by initiative is
   21  reserved to the people. The power may be invoked by filing with
   22  the custodian of state records a petition that contains a copy
   23  of the proposed legislation, which petition is signed by a
   24  number of electors in each of one half of the congressional
   25  districts of this state, and of this state as a whole, equal to
   26  four percent of the votes cast in each such district,
   27  respectively, and in this state as a whole in the previous
   28  election in which presidential electors were chosen.
   29         (b)Laws that provide for the number or assignment of
   30  judges or the jurisdiction of courts, laws that the legislature
   31  is prohibited from passing or must pass by an extraordinary
   32  vote, and laws that change the boundaries of any municipality,
   33  county, or special, legislative, or congressional district may
   34  not be proposed by initiative.
   35         (c)Legislation proposed by initiative must comply with the
   36  requirements of this constitution applicable to laws enacted by
   37  the legislature with respect to single subject and prohibition
   38  of amendment by reference. Laws that are enacted by initiative
   39  shall not be subject to the veto power of the governor.
   40  Notwithstanding section 7 of this article, the legislature may
   41  amend or repeal only legislation approved by vote of the
   42  electors under this section by a four-fifths vote of the
   43  membership of each house of the legislature within one year
   44  after the effective date of such legislation or by a three
   45  fifths vote of the membership of each house of the legislature
   46  one year or more after the effective date of such legislation.
   47  The enacting clause of every law proposed by initiative shall
   48  read: “Be It Enacted by the People of the State of Florida by
   49  Initiative:”.
   50         (d)Legislation proposed by initiative shall be submitted
   51  to the electors at the next general election held more than
   52  ninety days after the initiative petition is filed with the
   53  custodian of state records. The ballot must include a statement
   54  expressing the chief purpose of the proposed legislation, in
   55  clear and unambiguous language not exceeding seventy-five words
   56  in length, and a statement of the economic impact of the
   57  proposed legislation. If the legislation proposed by initiative
   58  is approved by a majority of the electors voting in that
   59  election, the legislation shall be effective on the first day of
   60  July after the next regular session of the legislature.
   61         (e)The legislature shall establish by general law, by July
   62  1, 2023, procedures to be used in invoking and approving
   63  legislation proposed by initiative and for providing sufficient
   64  prior public notice.
   65                             ARTICLE IV                            
   66                              EXECUTIVE                            
   67         SECTION 10. Attorney General.—The attorney general shall,
   68  as directed by general law, request the opinion of the justices
   69  of the supreme court as to the validity of any initiative
   70  petition proposing legislation circulated pursuant to Section 22
   71  of Article III or any initiative petition circulated pursuant to
   72  Section 3 of Article XI. The justices shall, subject to their
   73  rules of procedure, permit interested persons to be heard on the
   74  questions presented and shall render their written opinion no
   75  later than April 1 of the year in which the initiative is to be
   76  submitted to the voters pursuant to Section 5 of Article XI.
   77         BE IT FURTHER RESOLVED that the following statement be
   78  placed on the ballot:
   79                      CONSTITUTIONAL AMENDMENT                     
   80                       ARTICLE III, SECTION 22                     
   81                       ARTICLE IV, SECTION 10                      
   82         LEGISLATION BY INITIATIVE.—Proposes an amendment to the
   83  State Constitution to allow the proposal and approval of laws by
   84  initiative without legislative or gubernatorial approval;
   85  prescribes requirements for such initiatives; requires an
   86  extraordinary vote of each house of the Legislature to amend or
   87  repeal laws approved by voters; requires the Legislature adopt
   88  procedures for initiatives; provides for Supreme Court review of
   89  initiative petitions; and requires ballot statements for
   90  initiatives to include a statement of economic impact.