House Bill hb1131e2

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                                 CS/HJR 1131, Second Engrossed/ntc



  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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                                 CS/HJR 1131, Second Engrossed/ntc



  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 state or local

  7  government; laws that provide exemption from public records or

  8  public meetings requirements; laws that provide for the number

  9  or assignment of judges or the jurisdiction of courts; laws

10  that the legislature is prohibited from passing or must pass

11  by an extraordinary vote; and laws changing the boundaries of

12  any municipality, county, or special, legislative, or

13  congressional district may not be proposed by initiative.

14         (c)  Legislation proposed by initiative must comply

15  with the requirements of this constitution applicable to laws

16  enacted by the legislature with respect to single subject and

17  prohibition of amendment by reference.  Laws that are enacted

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

19  and the legislature granted by this constitution, as such

20  powers apply to any law or legislation; however,

21  notwithstanding section 7 of this article, the legislature may

22  amend or repeal legislation approved by vote of the electors

23  under this section only by a vote of three-fifths of the

24  membership of each house of the legislature. Laws that are

25  enacted by initiative shall expire two years after the date of

26  taking effect unless reenacted by the legislature at the

27  regular session immediately preceding the date of expiration.

28  The enacting clause of every law proposed by initiative shall

29  read: "Be It Enacted by the People of the State of Florida by

30  Initiative:".

31


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                                 CS/HJR 1131, Second Engrossed/ntc



  1         (d)  Legislation proposed by initiative shall be

  2  submitted to the electors at the next general election held

  3  more than ninety days after the initiative petition proposing

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

  5  must include a statement expressing the chief purpose of the

  6  proposed legislation, in clear and unambiguous language not

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

  8  impact of the proposed legislation.  If the legislation

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

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

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

12  legislature held after the general election at which the

13  legislative initiative was approved.

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

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

16  approving legislation proposed by initiative and for providing

17  sufficient prior public notice.

18                            ARTICLE IV

19                            EXECUTIVE

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

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

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

23  initiative petition proposing legislation circulated pursuant

24  to Section 20 of Article III or any initiative petition

25  proposing to amend or revise this constitution circulated

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

27  subject to their rules of procedure, permit interested persons

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

29  written opinion expeditiously.

30                            ARTICLE XI

31                            AMENDMENTS


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                                 CS/HJR 1131, Second Engrossed/ntc



  1         SECTION 3.  Initiative.--

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

  3  any portion or portions of this constitution by initiative is

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

  5  amendment, except for those limiting the power of government

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

  7  directly connected therewith.  It may be invoked by filing

  8  with the custodian of state records a petition containing a

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

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

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

12  percent of the votes cast in each of such districts

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

14  election in which presidential electors were chosen.

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

16  amendment of this constitution adopted by initiative petition

17  may be repealed by initiative petition limited to that purpose

18  only and subject to the same requirements for invoking and

19  voter approval as were applied to the petition proposing the

20  revision or amendment to be repealed.

21         SECTION 5.  Amendment or revision election.--

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

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

24  electors at the next general election held more than ninety

25  days after the joint resolution, initiative petition or report

26  of revision commission, constitutional convention or taxation

27  and budget reform commission proposing it is filed with the

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

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

30  each house of the legislature and limited to a single

31


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                                 CS/HJR 1131, Second Engrossed/ntc



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

  2  election held more than ninety days after such filing.

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

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

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

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

  7  be published in one newspaper of general circulation in each

  8  county in which a newspaper is published.

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

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

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

12  the first Tuesday after the first Monday in January following

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

14  amendment or revision.

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

16  revision is proposed by initiative petition, it must be

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

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

19  as other amendments or revisions of the constitution of the

20  state become effective.

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

22  proposed by initiative petition must include a brief statement

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

24  The legislature shall establish by general law the required

25  content of the economic impact statement.

26         BE IT FURTHER RESOLVED that in accordance with the

27  requirements of section 101.161, Florida Statutes, the title

28  and substance of the amendments proposed herein shall appear

29  on the ballot as follows:

30             LEGISLATION BY INITIATIVE; AMENDMENT OR

31          REVISION OF STATE CONSTITUTION BY INITIATIVE;


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                                 CS/HJR 1131, Second Engrossed/ntc



  1                         PETITION REVIEW

  2         Allows legislation to be proposed by initiative, unless

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

  4  exemptions, appropriates state funds, has a significant fiscal

  5  impact on state or local government, provides exemption from

  6  public records or public meetings requirements, provides for

  7  the number or assignment of judges or the jurisdiction of

  8  courts, is constitutionally prohibited or requires passage by

  9  an extraordinary vote of the Legislature, or changes the

10  boundaries of any municipality, county, or special,

11  legislative, or congressional district.  Prescribes standards

12  for such initiatives and requirements to invoke and approve

13  them.  Subjects such legislation to constitutional powers of

14  the Governor and Legislature with respect to laws or

15  legislation, except for an extraordinary vote to amend or

16  repeal, and to future expiration unless reenacted by the

17  Legislature.  Requires the Legislature to adopt procedures

18  governing initiatives proposing legislation.  Provides for

19  Supreme Court review of initiative petitions proposing

20  legislation.  Requires signatures for initiative petitions to

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

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

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

24  to approve amendments or revisions to the State Constitution

25  proposed by initiative petition, but allows repeal of

26  amendments or revisions to the State Constitution adopted by

27  initiative petition pursuant to the same requirements as those

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

29  Requires the ballot statement of each initiative proposing

30  legislation or amendment or revision of the State Constitution

31  to include a statement of economic impact.


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