CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for SJR 940

    Amendment No. ___   Barcode 401760

                            CHAMBER ACTION
              Senate                               House
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10  ______________________________________________________________

11  Senator Smith moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the resolving clause

15

16  and insert:

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

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

19  Article XI of the State Constitution set forth below are

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

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

22  in November 2002:

23                           ARTICLE III

24                           LEGISLATURE

25         SECTION 20.  Legislation by initiative.--

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

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

28  petition with the chief elections officer of the state that

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SJR 940

    Amendment No. ___   Barcode 401760





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

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

  3  election in which presidential electors were chosen.

  4         (b)  Special laws and general laws of local

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

  6  exemption from taxes; and laws that appropriate state funds

  7  may not be proposed by initiative.  Legislation proposed by

  8  initiative must comply with the requirements of this

  9  constitution applicable to laws enacted by the legislature

10  with respect to single subject and prohibition of amendment by

11  reference.  Laws that are enacted by initiative shall be

12  subject to the powers of the governor and the legislature

13  granted by this constitution, as such powers apply to any law

14  or legislation, and shall expire two years after the date of

15  taking effect unless reenacted by the legislature at the

16  regular session immediately preceding the date of expiration.

17  The enacting clause of every law proposed by initiative shall

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

19  Initiative:".

20         (c)  Legislation proposed by initiative shall be

21  submitted to the electors at the next general election held

22  more than ninety days after the initiative petition proposing

23  it is filed with the custodian of state records.  A statement

24  must appear on the ballot which states the economic impact of

25  each proposal.  If the legislation proposed by initiative is

26  approved by three-fifths of those electors voting on the

27  proposal, it shall be effective on the first day of July

28  following the next regular session of the legislature held

29  after the general election at which the legislative initiative

30  was approved.

31         (d)  The legislature shall establish by general law, no

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                                                  SENATE AMENDMENT

    Bill No. CS for SJR 940

    Amendment No. ___   Barcode 401760





  1  later than July 1, 2003, procedures to be used in proposing

  2  and voting on legislation proposed by initiative.

  3                            ARTICLE IV

  4                            EXECUTIVE

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

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

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

  8  initiative petition proposing legislation circulated pursuant

  9  to Section 20 of Article III or any initiative petition

10  proposing to amend or revise this constitution circulated

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

12  subject to their rules of procedure, permit interested persons

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

14  written opinion expeditiously.

15                            ARTICLE XI

16                            AMENDMENTS

17         SECTION 3.  Initiative.--

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

19  any portion or portions of this constitution by initiative is

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

21  amendment, except for those limiting the power of government

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

23  directly connected therewith.  It may be invoked by filing

24  with the custodian of state records a petition containing a

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

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

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

28  percent of the votes cast in each of such districts

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

30  election in which presidential electors were chosen.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SJR 940

    Amendment No. ___   Barcode 401760





  1  amendment of this constitution adopted by initiative petition

  2  may be repealed by initiative petition limited to that purpose

  3  only and subject to the same requirements for invoking and

  4  voter approval as were applied to the petition proposing the

  5  revision or amendment to be repealed.

  6         SECTION 5.  Amendment or revision election.--

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

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

  9  electors at the next general election held more than ninety

10  days after the joint resolution, initiative petition or report

11  of revision commission, constitutional convention or taxation

12  and budget reform commission proposing it is filed with the

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

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

15  each house of the legislature and limited to a single

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

17  election held more than ninety days after such filing.

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

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

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

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

22  be published in one newspaper of general circulation in each

23  county in which a newspaper is published.

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

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

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

27  the first Tuesday after the first Monday in January following

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

29  amendment or revision.

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

31  revision is proposed by initiative petition, it must be

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                                                  SENATE AMENDMENT

    Bill No. CS for SJR 940

    Amendment No. ___   Barcode 401760





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

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

  3  as other amendments or revisions of the constitution of the

  4  state become effective.

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

  6  proposed by initiative petition must include a brief statement

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

  8  The legislature shall establish by general law the required

  9  content of the economic impact statement.

10         BE IT FURTHER RESOLVED that in accordance with the

11  requirements of section 101.161, Florida Statutes, the title

12  and substance of the amendments proposed herein shall appear

13  on the ballot as follows:

14             LEGISLATION BY INITIATIVE; AMENDMENT OR

15          REVISION OF STATE CONSTITUTION BY INITIATIVE;

16                         PETITION REVIEW

17         Allows legislation to be proposed by initiative, unless

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

19  exemptions, or appropriates state funds.  Prescribes standards

20  for such initiatives and requirements to invoke and approve

21  them.  Subjects such legislation to constitutional powers of

22  the Governor and Legislature with respect to laws or

23  legislation and to future expiration unless reenacted by the

24  Legislature.  Requires the Legislature to adopt procedures

25  governing initiatives proposing legislation.  Provides for

26  Supreme Court review of initiative petitions proposing

27  legislation.  Requires signatures for initiative petitions to

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

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

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

31  to approve amendments or revisions to the State Constitution

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                                                  SENATE AMENDMENT

    Bill No. CS for SJR 940

    Amendment No. ___   Barcode 401760





  1  proposed by initiative petition, but allows repeal of

  2  amendments or revisions to the State Constitution adopted by

  3  initiative petition pursuant to the same requirements as those

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

  5  Requires the ballot statement of each initiative proposing

  6  legislation or amendment or revision of the State Constitution

  7  to include a statement of economic impact.

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  9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         Delete everything before the resolving clause

13

14  and insert:

15                     Senate Joint Resolution

16         A joint resolution proposing the creation of

17         Section 20 of Article III and the amendment of

18         Section 10 of Article IV and Sections 3 and 5

19         of Article XI of the State Constitution to

20         authorize the proposal of legislation by

21         initiative, to revise or provide requirements

22         for amending the State Constitution by

23         initiative which relate to signatures, voter

24         approval, and economic impact, and to provide

25         for Supreme Court review of initiative

26         petitions proposing legislation.

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