| 1 | Representative Ryan offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the resolving clause and insert: |
| 5 | That the amendments to Sections 3 and 5 of Article XI of |
| 6 | the State Constitution set forth below are agreed to and shall |
| 7 | be submitted to the electors of Florida for approval or |
| 8 | rejection at the general election to be held in November 2004: |
| 9 | ARTICLE XI |
| 10 | AMENDMENTS |
| 11 | SECTION 3. Initiative.-- |
| 12 | (a) The power to propose the revision or amendment of any |
| 13 | portion or portions of this constitution or to propose |
| 14 | legislation by initiative is reserved to the people, provided |
| 15 | that, any such revision or amendment or legislation, except for |
| 16 | those limiting the power of government to raise revenue, shall |
| 17 | embrace but one subject and matter directly connected therewith. |
| 18 | Each amendment or revision of any portion or portions of this |
| 19 | constitution must also: |
| 20 | (1) Seek to alter, amend, or repeal an existing article of |
| 21 | or amendment to this constitution; |
| 22 | (2) Address a basic right of a citizen of this state; or |
| 23 | (3) Change the basic structure of state government as |
| 24 | established in Article II, Article III, Article IV, or Article |
| 25 | V. |
| 26 | (b) The power to propose the revision or amendment of this |
| 27 | constitution by initiative It may be invoked by filing with the |
| 28 | custodian of state records a petition containing a copy of the |
| 29 | proposed revision or amendment, signed by a number of electors |
| 30 | in each of one half of the congressional districts of the state, |
| 31 | and of the state as a whole, equal to eight percent of the votes |
| 32 | cast in each of such districts respectively and in the state as |
| 33 | a whole in the last preceding election in which presidential |
| 34 | electors were chosen. |
| 35 | (c) The power to propose legislation by initiative may be |
| 36 | invoked by filing with the custodian of state records a petition |
| 37 | containing a copy of the proposed legislation, signed by a |
| 38 | number of electors in each of one half of the congressional |
| 39 | districts of the state, and of the state as a whole, equal to |
| 40 | four percent of the votes cast in each of such districts |
| 41 | respectively and in the state as a whole in the last preceding |
| 42 | election in which presidential electors were chosen. |
| 43 | SECTION 5. Amendment or revision election.-- |
| 44 | (a) A proposed amendment to or revision of this |
| 45 | constitution, or any part of it, or any legislation proposed by |
| 46 | initiative shall be submitted to the electors at the next |
| 47 | general election held more than ninety days after the joint |
| 48 | resolution, initiative petition or report of revision |
| 49 | commission, constitutional convention or taxation and budget |
| 50 | reform commission proposing it is filed with the custodian of |
| 51 | state records, unless, pursuant to law enacted by the |
| 52 | affirmative vote of three-fourths of the membership of each |
| 53 | house of the legislature and limited to a single amendment or |
| 54 | revision, it is submitted at an earlier special election held |
| 55 | more than ninety days after such filing. |
| 56 | (b) The legislature shall provide by general law, prior to |
| 57 | the holding of an election pursuant to this section, for the |
| 58 | provision of a statement to the public regarding the probable |
| 59 | financial impact of any amendment or legislation proposed by |
| 60 | initiative pursuant to section 3. |
| 61 | (c) Once in the tenth week, and once in the sixth week |
| 62 | immediately preceding the week in which the election is held, |
| 63 | the proposed amendment or revision or the proposed legislation, |
| 64 | with notice of the date of election at which it will be |
| 65 | submitted to the electors, shall be published in one newspaper |
| 66 | of general circulation in each county in which a newspaper is |
| 67 | published. |
| 68 | (d) If the proposed amendment or revision or the proposed |
| 69 | legislation is approved by vote of the electors, it shall be |
| 70 | effective as an amendment to or revision of the constitution of |
| 71 | the state or as part of the Florida Statutes on the first |
| 72 | Tuesday after the first Monday in January following the |
| 73 | election, or on such other date as may be specified in the |
| 74 | amendment or revision or legislation. |
| 75 | (e) Legislation approved by the voters under this section |
| 76 | may not be amended or repealed by the legislature or vetoed by |
| 77 | the governor for one year after it goes into effect. |
| 78 | BE IT FURTHER RESOLVED that the title and substance of the |
| 79 | amendment proposed herein shall appear on the ballot as follows: |
| 80 | PROPOSAL OF LEGISLATION BY INITIATIVE; LIMITATION ON |
| 81 | TYPES OF CONSTITUTIONAL AMENDMENTS BY INITIATIVE |
| 82 | Proposes amendments to Sections 3 and 5 of Article XI of |
| 83 | the State Constitution to provide a right of the people to |
| 84 | propose legislation by initiative; provides for invoking such |
| 85 | power by filing with the custodian of state records a petition |
| 86 | containing a copy of the proposed legislation, signed by a |
| 87 | number of electors in each of one-half of the congressional |
| 88 | districts of the state, and of the state as a whole, equal to |
| 89 | four percent of the votes cast in each of such districts |
| 90 | respectively and in the state as a whole in the last preceding |
| 91 | election in which presidential electors were chosen; provides |
| 92 | for submission of such proposal to the electors at the next |
| 93 | general election held more than 90 days after the initiative |
| 94 | petition proposing it is filed with the custodian of state |
| 95 | records; requires a financial impact statement; requires |
| 96 | publication in the tenth and sixth weeks immediately preceding |
| 97 | the week in which the election is held; provides for taking |
| 98 | effect on the first Tuesday after the first Monday in January |
| 99 | following the election or on such other date as may be specified |
| 100 | therein; and prohibits the Legislature from amending or |
| 101 | repealing and the Governor from vetoing it for 1 year after it |
| 102 | goes into effect. Also provides that a constitutional amendment |
| 103 | or revision proposed by citizen initiative must alter, amend, or |
| 104 | repeal an existing article or amendment to the State |
| 105 | Constitution; address a basic right of a citizen of this state; |
| 106 | or change the basic structure of state government as established |
| 107 | in Article II, Article III, Article IV, or Article V. |
| 108 |
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| 109 | ================= T I T L E A M E N D M E N T ================= |
| 110 | Remove the entire title and insert: |
| 111 | Senate Joint Resolution No. 2392 |
| 112 | A joint resolution proposing amendments to Sections 3 and |
| 113 | 5 of Article XI of the State Constitution to provide the |
| 114 | people the right to propose legislation by initiative and |
| 115 | to limit the type of amendment or revision of the |
| 116 | constitution which may be proposed by citizen initiative. |