HJR 1119 2003
1	House Joint Resolution
2	A joint resolution proposing amendments to Section 1 of
3	Article III, Section 10 of Article IV, and Sections 3 and
4	5 of Article XI, and the creation of Section 20 of Article
5	III, of the State Constitution to provide for enactment of
6	legislation by citizen initiative and to revise certain
7	procedures with respect to proposing constitutional
8	amendments by initiative.
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10	Be It Resolved by the Legislature of the State of Florida:
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12	That the following amendments to Section 1 of Article III,
13	Section 10 of Article IV, and Sections 3 and 5 of Article XI and
14	the creation of Section 20 of Article III of the State
15	Constitution are agreed to and shall be submitted to the
16	electors of this state for approval or rejection at the next
17	general election or at an earlier special election specifically
18	authorized by law for that purpose:
19	ARTICLE III
20	LEGISLATURE
21	SECTION 1. Composition.--The legislative power of the
22	state shall be vested in a legislature of the State of Florida,
23	consisting of a senate composed of one senator elected from each
24	senatorial district and a house of representatives composed of
25	one member elected from each representative district, both to be
26	elected by the people, but the people reserve to themselves the
27	power to propose and enact laws, such power being called in this
28	article the "initiative," at the polls independently of the
29	legislature.
30	SECTION 20. Citizen initiatives.--
31	(a) The power to propose and enact laws by initiative,
32	reserved to the people in Section 1 of Article III, may be
33	invoked by filing with the chief elections officer of the state
34	a petition that contains a copy of the proposed law and that has
35	been signed over a twelve-month period by a number of electors
36	in each of at least one-half of the congressional districts of
37	the state, and in the state as a whole, equal to at least eight
38	percent of the votes cast in each of such districts respectively
39	and in the state as a whole in the last preceding election in
40	which presidential electors were chosen.
41	(b) The initiative petition shall embrace but one subject
42	and must comply with the requirements of this constitution
43	applicable to laws enacted by the legislature with respect to
44	single subject and prohibition of amendment by reference.
45	(c) Once in the tenth week and once in the sixth week
46	immediately preceding the week in which the election is held,
47	the proposed law, with notice of the date of the election at
48	which it will be submitted to the electors, shall be published
49	in one newspaper of general circulation in each county in which
50	a newspaper is published.
51	(d) A proposed law shall be submitted to the electors at
52	the next general election held more than ninety days after the
53	initiative petition is filed with the chief elections officer of
54	the state, and, if three-fifths of the electors voting on such
55	proposal ratify it, such proposal shall become law and take
56	effect on the first day of July following the general election
57	at which such proposal was approved. However, any law initiated
58	by petition under this section which entails expenditures in an
59	amount in excess of available and unappropriated state funds
60	shall not take effect unless such initiative provides for
61	raising new revenues adequate for its implementation.
62	(e) A law initiated by the people is not subject to the
63	veto power of the governor, nor may it be amended or repealed by
64	the legislature within a period of two years following its
65	effective date except by the affirmative vote of two-thirds of
66	the members of each house of the legislature present at any
67	regular or special session of the legislature. Thereafter, such
68	law may be amended or repealed by majority vote of those present
69	at any such session of the legislature.
70	(f) The initiative may not be used to enact laws
71	prohibited by this constitution for enactment by the
72	legislature; to make or repeal appropriations of public funds;
73	to enact laws that impose, eliminate, increase, or grant any
74	exemption from taxes; to create courts, define the jurisdiction
75	of courts, or describe the rules of courts; to enact laws naming
76	or designating any person to hold a public office; to enact or
77	abrogate special laws and general laws of local application; or
78	to enact any law substantially the same as one defeated in an
79	initiative election held within five years preceding the time
80	the petition is filed with the chief elections officer.
81	(g) The legislature may enact laws and procedures to carry
82	out the provisions of this section and safeguard the initiative
83	process.
84	ARTICLE IV
85	EXECUTIVE
86	SECTION 10. Attorney General.--The attorney general shall,
87	as directed by general law, request the opinion of the justices
88	of the supreme court as to the validity of any initiative
89	petition proposing legislation circulated pursuant to Section 20
90	of Article III or any initiative petition proposing to amend or
91	revise this constitutioncirculated pursuant to Section 3 of
92	Article XI. The justices shall, subject to their rules of
93	procedure, permit interested persons to be heard on the
94	questions presented and shall render their written opinion
95	expeditiously.
96	ARTICLE XI
97	AMENDMENTS
98	SECTION 3. Initiative.--The power to propose the revision
99	or amendment of any portion or portions of this constitution by
100	initiative is reserved to the people, provided that, any such
101	revision or amendment, except for those limiting the power of
102	government to raise revenue, shall embrace but one subject and
103	matter directly connected therewith. It may be invoked by
104	filing with the custodian of state records a petition containing
105	a copy of the proposed revision or amendment, signed over a
106	twelve-month period by a number of electors in each of at least
107	one half of the congressional districts of the state, and of the
108	state as a whole, equal to at least teneightpercent of the
109	votes cast in each of such districts respectively and in the
110	state as a whole in the last preceding election in which
111	presidential electors were chosen.
112	SECTION 5. Amendment or revision election.--
113	(a) A proposed amendment to or revision of this
114	constitution, or any part of it, shall be submitted to the
115	electors at the next general election held more than ninety days
116	after the joint resolution, initiative petition or report of
117	revision commission, constitutional convention or taxation and
118	budget reform commission proposing it is filed with the
119	custodian of state records, unless, pursuant to law enacted by
120	the affirmative vote of three-fourths of the membership of each
121	house of the legislature and limited to a single amendment or
122	revision, it is submitted at an earlier special election held
123	more than ninety days after such filing.
124	(b) The legislature shall provide by general law, prior to
125	the holding of an election pursuant to this section or to
126	Section 1 of Article III, for the provision of a statement to
127	the public regarding the probable financial impact of any
128	amendment proposed by initiative pursuant to section 3 of this
129	article or to Section 1 of Article III.
130	(c) Once in the tenth week, and once in the sixth week
131	immediately preceding the week in which the election is held,
132	the proposed amendment or revision, with notice of the date of
133	election at which it will be submitted to the electors, shall be
134	published in one newspaper of general circulation in each county
135	in which a newspaper is published.
136	(d) If the proposed amendment or revision is approved by
137	vote of two-thirds of the electors voting on such proposal, it
138	shall be effective as an amendment to or revision of the
139	constitution of the state on the first Tuesday after the first
140	Monday in January following the election, or on such other date
141	as may be specified in the amendment or revision.
142	BE IT FURTHER RESOLVED that the title and substance of the
143	amendments proposed herein shall appear on the ballot as
144	follows:
145	INITIATIVES: PROPOSAL AND ADOPTION OF LAWS;
146	CONSTITUTIONAL AMENDMENTS
147	Proposes amendment of Section 1 of Article III, Section 10
148	of Article IV, and Sections 3 and 5 of Article XI, and creation
149	of Section 20 of Article III, of the State Constitution to
150	reserve to the electors the right to propose law by the
151	initiative process and approve it by referendum. The process
152	would require approval from three-fifths of the electors voting
153	on the issue in order for the proposed law to be adopted; such
154	law would not be subject to the Governor's veto power and could
155	not be amended or repealed by the Legislature in its first 2
156	years without an extraordinary majority vote. Initiatives could
157	not propose laws that the Legislature is prohibited by the State
158	Constitution from adopting, nor could they address
159	appropriations, tax exemptions, courts and their jurisdiction
160	and rules, naming persons to hold public office, special laws
161	and general laws of local application, and any law substantially
162	the same as a proposal defeated during the previous 5 years. The
163	Attorney General would have to seek an advisory opinion from the
164	state Supreme Court on the validity of a proposed law.
165	This proposed amendment also would: require that, for
166	constitutional amendments proposed by initiative, the necessary
167	number of signatures be collected within a 12-month period;
168	increase the number of signatures required; and increase the
169	vote required for ratification from a majority to two-thirds of
170	those voting on the proposal.