Senate Bill sb1734

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    Florida Senate - 2004                                 SJR 1734

    By Senator Campbell





    32-1092-04

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing amendments to

  3         Section 1 of Article III, Section 10 of Article

  4         IV, and Sections 3 and 5 of Article XI, and the

  5         creation of Section 20 of Article III of the

  6         State Constitution to provide for enactment of

  7         legislation by citizen initiative and to revise

  8         certain procedures with respect to proposing

  9         constitutional amendments by initiative.

10  

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

12  

13         That the following amendment to Section 1 of Article

14  III, Section 10 of Article IV, and Sections 3 and 5 of Article

15  XI and the creation of Section 20 of Article III are agreed to

16  and shall be submitted to the electors of this state for

17  approval or rejection at the next general election or at an

18  earlier special election specifically authorized by law for

19  that purpose:

20                           ARTICLE III

21                           LEGISLATURE

22         SECTION 1.  Composition.--The legislative power of the

23  state shall be vested in a legislature of the State of

24  Florida, consisting of a senate composed of one senator

25  elected from each senatorial district and a house of

26  representatives composed of one member elected from each

27  representative district, both to be elected by the people, but

28  the people reserve to themselves the power to propose and

29  enact laws, such power being called in this article the

30  "initiative," at the polls independently of the legislature.

31         SECTION 20. Citizen initiatives.--

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    Florida Senate - 2004                                 SJR 1734
    32-1092-04




 1         (a)  The power to propose and enact laws by initiative,

 2  reserved to the people in Section 1 of Article III, may be

 3  invoked by filing with the chief elections officer of the

 4  state a petition that contains a copy of the proposed law and

 5  that has been signed over a twelve-month period by a number of

 6  electors in each of at least one-half of the congressional

 7  districts of the state, and in the state as a whole, equal to

 8  at least eight percent of the votes cast in each of such

 9  districts respectively and in the state as a whole in the last

10  preceding election in which presidential electors were chosen.

11         (b)  The initiative petition shall embrace but one

12  subject and must comply with the requirements of this

13  constitution applicable to laws enacted by the legislature

14  with respect to single subject and prohibition of amendment by

15  reference.

16         (c)  Once in the tenth week and once in the sixth week

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

18  the proposed law, with notice of the date of the election at

19  which it will be submitted to the electors, shall be published

20  in one newspaper of general circulation in each county in

21  which a newspaper is published.

22         (d)  A proposed law shall be submitted to the electors

23  at the next general election held more than ninety days after

24  the initiative petition is filed with the chief elections

25  officer of the state, and, if more than one-half of the

26  electors voting on such proposal ratify it, such proposal

27  shall become law and take effect on the first day of July

28  following the general election at which such proposal was

29  approved. However, any law initiated by petition under this

30  section which entails expenditures in an amount in excess of

31  available and unappropriated state funds shall not take effect

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    Florida Senate - 2004                                 SJR 1734
    32-1092-04




 1  unless such initiative provides for raising new revenues

 2  adequate for its implementation.

 3         (e)  A law initiated by the people is not subject to

 4  the veto power of the governor, nor may it be amended or

 5  repealed by the legislature following its effective date

 6  except by the affirmative vote of two-thirds of the members of

 7  each house of the legislature present at any regular or

 8  special session of the legislature.

 9         (f)  The initiative may not be used to enact laws

10  prohibited by this constitution for enactment by the

11  legislature; to make or repeal appropriations of public funds;

12  to enact laws that impose, eliminate, increase, or grant any

13  exemption from taxes; to create courts, define the

14  jurisdiction of courts, or describe the rules of courts; to

15  enact laws naming or designating any person to hold a public

16  office; to enact or abrogate special laws and general laws of

17  local application; to amend or repeal any portion of the

18  Declaration of Rights of this constitution; or to enact any

19  law substantially the same as one defeated in an initiative

20  election held within five years preceding the time the

21  petition is filed with the chief elections officer.

22         (g)  The legislature may enact laws and procedures to

23  carry out the provisions of this section and safeguard the

24  initiative process.

25                            ARTICLE IV

26                            EXECUTIVE

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

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

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

30  initiative petition proposing legislation circulated pursuant

31  to Section 20 of Article III or any initiative petition

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    Florida Senate - 2004                                 SJR 1734
    32-1092-04




 1  proposing to amend or revise this constitution circulated

 2  pursuant to Section 3 of Article XI. The justices shall render

 3  an opinion on whether the proposed legislation complies with

 4  the requirements of this constitution and shall specifically

 5  identify each law or provision of this constitution which

 6  would be affected by the proposed legislation or proposed

 7  amendment to or revision of this constitution. The justices

 8  shall, subject to their rules of procedure, permit interested

 9  persons to be heard on the questions presented and shall

10  render their written opinion expeditiously.

11                            ARTICLE XI

12                            AMENDMENTS

13         SECTION 3.  Initiative.--The power to propose the

14  revision or amendment of any portion or portions of this

15  constitution by initiative is reserved to the people, provided

16  that, any such revision or amendment, except for those

17  limiting the power of government to raise revenue, shall

18  embrace but one subject and matter directly connected

19  therewith.  It may be invoked by filing with the custodian of

20  state records a petition containing a copy of the proposed

21  revision or amendment, signed over a twelve-month period by a

22  number of electors in each of at least one half of the

23  congressional districts of the state, and of the state as a

24  whole, equal to at least ten eight percent of the votes cast

25  in each of such districts respectively and in the state as a

26  whole in the last preceding election in which presidential

27  electors were chosen.

28         SECTION 5.  Amendment or revision election.--

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

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

31  electors at the next general election held more than ninety

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    Florida Senate - 2004                                 SJR 1734
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 1  days after the joint resolution, initiative petition or report

 2  of revision commission, constitutional convention or taxation

 3  and budget reform commission proposing it is filed with the

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

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

 6  each house of the legislature and limited to a single

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

 8  election held more than ninety days after such filing.

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

10  prior to the holding of an election pursuant to this section

11  or to Section 1 of Article III, for the provision of a

12  statement to the public regarding the probable financial

13  impact of any amendment proposed by initiative pursuant to

14  section 3 or to Section 1 of Article III.

15         (c)  Once in the tenth week, and once in the sixth week

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

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

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

19  be published in one newspaper of general circulation in each

20  county in which a newspaper is published.

21         (d)  If the proposed amendment or revision is approved

22  by vote of three-fifths of the electors voting on such

23  proposal, it shall be effective as an amendment to or revision

24  of the constitution of the state on the first Tuesday after

25  the first Monday in January following the election, or on such

26  other date as may be specified in the amendment or revision.

27         BE IT FURTHER RESOLVED that the following statement be

28  placed on the ballot:

29                     CONSTITUTIONAL AMENDMENT

30       ARTICLE III, SECTIONS 1, 20; ARTICLE IV, SECTION 10;

31                    ARTICLE XI, SECTIONS 3, 5

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    Florida Senate - 2004                                 SJR 1734
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 1         INITIATIVES: PROPOSAL AND ADOPTION OF LAWS;

 2  CONSTITUTIONAL AMENDMENTS.--Proposing an amendment to the

 3  State Constitution that would reserve to the electors the

 4  right to propose a law by the initiative process and approve

 5  it by referendum. The process would require approval from at

 6  least one-half of the electors voting on the issue in order

 7  for the proposed law to be adopted; such laws would not be

 8  subject to the Governor's veto power and could not be amended

 9  or repealed by the Legislature without an extraordinary

10  majority vote. Initiatives could not propose laws that the

11  Legislature is prohibited by the State Constitution from

12  adopting, nor could they address appropriations, tax

13  exemptions, courts and their jurisdiction and rules, naming

14  persons to hold public office, special laws, and any law

15  substantially the same as a proposal defeated during the

16  previous 5 years. The Attorney General would have to seek an

17  advisory opinion from the state Supreme Court on the validity

18  of a proposed law or constitutional amendment and the effect

19  of the proposal with regard to other laws or the State

20  Constitution.

21         This proposed amendment also would: require that, for

22  constitutional amendments proposed by initiative, the

23  necessary number of signatures be collected within a 12-month

24  period; increase the number of signatures required; and

25  increase the vote required for ratification from a majority to

26  three-fifths of those voting on the proposal.

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