Senate Bill sb1172c1

    Florida Senate - 2003                          CS for SJR 1172

    By the Committee on Ethics and Elections; and Senator Cowin





    313-2174-03

  1                 Senate Joint Resolution No. 1172

  2         A joint resolution proposing an amendment to

  3         Section 5 of Article XI of the State

  4         Constitution to revise requirements for

  5         ratification of proposed amendments to the

  6         State Constitution.

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

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10         That the following amendment to Section 5 of Article XI

11  of the State Constitution is agreed to and shall be submitted

12  to the electors of this state for approval or rejection at the

13  next general election or at an earlier special election

14  specifically authorized by law for that purpose:

15                           ARTICLE XI 

16                            AMENDMENTS

17         SECTION 5.  Amendment or revision election.--

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

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

20  electors at the next general election held more than ninety

21  days after the joint resolution, initiative petition or report

22  of revision commission, constitutional convention or taxation

23  and budget reform commission proposing it is filed with the

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

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

26  each house of the legislature and limited to a single

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

28  election held more than ninety days after such filing.

29         (b)  The legislature shall provide by general law,

30  prior to the holding of an election pursuant to this section,

31  for the provision of a statement to the public regarding the

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    Florida Senate - 2003                          CS for SJR 1172
    313-2174-03




 1  probable financial impact of any amendment proposed by

 2  initiative pursuant to section 3.

 3         (c)  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         (d)  The proposed amendment or revision shall become

10  effective only if approved by vote of the electors, such vote

11  constituting a majority of the total votes cast at the

12  election. If the proposed amendment or revision is approved by

13  vote of the electors, it shall be effective as an amendment to

14  or revision of the constitution of the state on the first

15  Tuesday after the first Monday in January following the

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

17  amendment or revision.

18         BE IT FURTHER RESOLVED that the following statement be

19  placed on the ballot:

20                     CONSTITUTIONAL AMENDMENT

21                      ARTICLE XI, SECTION 5

22         REQUIREMENTS FOR RATIFICATION OF PROPOSED

23  CONSTITUTIONAL AMENDMENTS.--Proposing an amendment to the

24  State Constitution to require that a future amendment or

25  revision to the State Constitution submitted for ratification

26  after January 4, 2005 must be approved by a majority of the

27  electors voting on the matter, and that such vote must

28  constitute a majority of the total votes cast in the election;

29  however, an amendment authorizing a new State tax or fee must

30  still be approved by at least two-thirds of the voters voting

31  in the election in which the proposed amendment is considered.

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    Florida Senate - 2003                          CS for SJR 1172
    313-2174-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1172

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 4  The committee substitute differs from the original bill in
    that it:  replaces the county majority requirement for passage
 5  of a constitutional amendment with a requirement that the
    majority vote on the amendment constitute a majority of the
 6  total votes cast at the election; makes conforming changes to
    the ballot summary.
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CODING: Words stricken are deletions; words underlined are additions.