House Bill hb1131c1

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    Florida House of Representatives - 2002            CS/HJR 1131

        By the Procedural & Redistricting Council and
    Representatives Pickens and Arza





  1                      House Joint Resolution

  2         A joint resolution proposing the creation of

  3         Section 20 of Article III and the amendment of

  4         Section 10 of Article IV and Sections 3 and 5

  5         of Article XI of the State Constitution to

  6         authorize the proposal of legislation by

  7         initiative, to revise or provide requirements

  8         for amending the State Constitution by

  9         initiative which relate to signatures, voter

10         approval, and economic impact, and to provide

11         for Supreme Court review of initiative

12         petitions proposing legislation.

13  

14  Be It Resolved by the Legislature of the State of Florida:

15  

16         That the creation of Section 20 of Article III and the

17  amendment of Section 10 of Article IV and Sections 3 and 5 of

18  Article XI of the State Constitution set forth below are

19  agreed to and shall be submitted to the electors of Florida

20  for approval or rejection at the general election to be held

21  in November 2002:

22                           ARTICLE III

23                           LEGISLATURE

24         SECTION 20.  Legislation by initiative.--

25         (a)  The power to propose legislation by initiative is

26  reserved to the people.  The power may be invoked by filing a

27  petition with the chief elections officer of the state that

28  contains a copy of the proposed legislation, which petition is

29  signed by a number of electors in each of the congressional

30  districts of the state, and of the state as a whole, equal to

31  four percent of the votes cast in each of such districts

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  1  respectively and in the state as a whole in the last preceding

  2  election in which presidential electors were chosen.

  3         (b)  Special laws and general laws of local

  4  application; laws that impose, eliminate, increase, or grant

  5  exemption from taxes; laws that appropriate state funds; laws

  6  that have a significant fiscal impact on counties or

  7  municipalities; laws that provide exemption from public

  8  records or public meetings requirements; laws that provide for

  9  the number or assignment of judges or the jurisdiction of

10  courts; laws that the legislature is prohibited from passing

11  or must pass by an extraordinary vote; and laws changing the

12  boundaries of any municipality, county, or special,

13  legislative, or congressional district may not be proposed by

14  initiative.

15         (c)  Legislation proposed by initiative must comply

16  with the requirements of this constitution applicable to laws

17  enacted by the legislature with respect to single subject and

18  prohibition of amendment by reference.  Laws that are enacted

19  by initiative shall be subject to the powers of the governor

20  and the legislature granted by this constitution, as such

21  powers apply to any law or legislation, and shall expire two

22  years after the date of taking effect unless reenacted by the

23  legislature at the regular session immediately preceding the

24  date of expiration.  The enacting clause of every law proposed

25  by initiative shall read: "Be It Enacted by the People of the

26  State of Florida by Initiative:".

27         (d)  Legislation proposed by initiative shall be

28  submitted to the electors at the next general election held

29  more than ninety days after the initiative petition proposing

30  it is filed with the custodian of state records.  The ballot

31  must include a statement expressing the chief purpose of the

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  1  proposed legislation, in clear and unambiguous language not

  2  exceeding 75 words in length, and a statement of the economic

  3  impact of the proposed legislation.  If the legislation

  4  proposed by initiative is approved by three-fifths of those

  5  electors voting on the proposal, it shall be effective on the

  6  first day of July following the next regular session of the

  7  legislature held after the general election at which the

  8  legislative initiative was approved.

  9         (e)  The legislature shall establish by general law, no

10  later than July 1, 2003, procedures to be used in invoking and

11  approving legislation proposed by initiative and for providing

12  sufficient prior public notice.

13                            ARTICLE IV

14                            EXECUTIVE

15         SECTION 10.  Attorney General.--The attorney general

16  shall, as directed by general law, request the opinion of the

17  justices of the supreme court as to the validity of any

18  initiative petition proposing legislation circulated pursuant

19  to Section 20 of Article III or any initiative petition

20  proposing to amend or revise this constitution circulated

21  pursuant to Section 3 of Article XI.  The justices shall,

22  subject to their rules of procedure, permit interested persons

23  to be heard on the questions presented and shall render their

24  written opinion expeditiously.

25                            ARTICLE XI

26                            AMENDMENTS

27         SECTION 3.  Initiative.--

28         (a)  The power to propose the revision or amendment of

29  any portion or portions of this constitution by initiative is

30  reserved to the people, provided that, any such revision or

31  amendment, except for those limiting the power of government

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  1  to raise revenue, shall embrace but one subject and matter

  2  directly connected therewith.  It may be invoked by filing

  3  with the custodian of state records a petition containing a

  4  copy of the proposed revision or amendment, signed by a number

  5  of electors in each of one half of the congressional districts

  6  of the state, and of the state as a whole, equal to eight

  7  percent of the votes cast in each of such districts

  8  respectively and in the state as a whole in the last preceding

  9  election in which presidential electors were chosen.

10         (b)  Notwithstanding subsection (a), any revision or

11  amendment of this constitution adopted by initiative petition

12  may be repealed by initiative petition limited to that purpose

13  only and subject to the same requirements for invoking and

14  voter approval as were applied to the petition proposing the

15  revision or amendment to be repealed.

16         SECTION 5.  Amendment or revision election.--

17         (a)  A proposed amendment to or revision of this

18  constitution, or any part of it, shall be submitted to the

19  electors at the next general election held more than ninety

20  days after the joint resolution, initiative petition or report

21  of revision commission, constitutional convention or taxation

22  and budget reform commission proposing it is filed with the

23  custodian of state records, unless, pursuant to law enacted by

24  the affirmative vote of three-fourths of the membership of

25  each house of the legislature and limited to a single

26  amendment or revision, it is submitted at an earlier special

27  election held more than ninety days after such filing.

28         (b)  Once in the tenth week, and once in the sixth week

29  immediately preceding the week in which the election is held,

30  the proposed amendment or revision, with notice of the date of

31  election at which it will be submitted to the electors, shall

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  1  be published in one newspaper of general circulation in each

  2  county in which a newspaper is published.

  3         (c)(1)  If the proposed amendment or revision is

  4  approved by vote of the electors, it shall be effective as an

  5  amendment to or revision of the constitution of the state on

  6  the first Tuesday after the first Monday in January following

  7  the election, or on such other date as may be specified in the

  8  amendment or revision.

  9         (2)  Notwithstanding paragraph (1), if the amendment or

10  revision is proposed by initiative petition, it must be

11  approved by a vote of two-thirds of the electors voting on the

12  matter and, if approved, shall be effective in the same manner

13  as other amendments or revisions of the constitution of the

14  state become effective.

15         (d)  The ballot statement of an amendment or revision

16  proposed by initiative petition must include a brief statement

17  of the economic impact of the proposed amendment or revision.

18  The legislature shall establish by general law the required

19  content of the economic impact statement.

20         BE IT FURTHER RESOLVED that in accordance with the

21  requirements of section 101.161, Florida Statutes, the title

22  and substance of the amendments proposed herein shall appear

23  on the ballot as follows:

24             LEGISLATION BY INITIATIVE; AMENDMENT OR

25          REVISION OF STATE CONSTITUTION BY INITIATIVE;

26                         PETITION REVIEW

27         Allows legislation to be proposed by initiative, unless

28  it is special or local in nature, involves taxes or tax

29  exemptions, appropriates state funds, has a significant fiscal

30  impact on counties or municipalities, provides exemption from

31  public records or public meetings requirements, provides for

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  1  the number or assignment of judges or the jurisdiction of

  2  courts, is constitutionally prohibited or requires passage by

  3  an extraordinary vote of the Legislature, or changes the

  4  boundaries of any municipality, county, or special,

  5  legislative, or congressional district.  Prescribes standards

  6  for such initiatives and requirements to invoke and approve

  7  them.  Subjects such legislation to constitutional powers of

  8  the Governor and Legislature with respect to laws or

  9  legislation and to future expiration unless reenacted by the

10  Legislature.  Requires the Legislature to adopt procedures

11  governing initiatives proposing legislation.  Provides for

12  Supreme Court review of initiative petitions proposing

13  legislation.  Requires signatures for initiative petitions to

14  amend or revise the State Constitution to be gathered in all,

15  rather than one half, of the congressional districts and of

16  the state as a whole.  Increases the number of votes required

17  to approve amendments or revisions to the State Constitution

18  proposed by initiative petition, but allows repeal of

19  amendments or revisions to the State Constitution adopted by

20  initiative petition pursuant to the same requirements as those

21  for adoption of the amendment or revision to be repealed.

22  Requires the ballot statement of each initiative proposing

23  legislation or amendment or revision of the State Constitution

24  to include a statement of economic impact.

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31  

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