Senate Bill sb2392

    Florida Senate - 2004                                 SJR 2392

    By Senators Atwater and Smith





    25-1839A-04

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 5 of Article XI and creating Section 26

  4         of Article XII of the State Constitution;

  5         requiring that a proposed amendment to or

  6         revision of the State Constitution be approved

  7         by at least a three-fifths vote of the electors

  8         of the state voting on the measure; providing

  9         for the requirement to apply only to amendments

10         or revisions filed with the Secretary of State

11         after a specified date.

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

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15         That the following amendment to Section 5 of Article XI

16  and the following creation of Section 26 of Article XII of the

17  State Constitution is agreed to and shall be submitted to the

18  electors of this state for approval or rejection at the next

19  general election or at an earlier special election

20  specifically authorized by law for that purpose:

21                            ARTICLE XI

22                            AMENDMENTS

23         SECTION 5.  Amendment or revision election.--

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

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

26  electors at the next general election held more than ninety

27  days after the joint resolution, initiative petition or report

28  of revision commission, constitutional convention or taxation

29  and budget reform commission proposing it is filed with the

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

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

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    Florida Senate - 2004                                 SJR 2392
    25-1839A-04




 1  each house of the legislature and limited to a single

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

 3  election held more than ninety days after such filing.

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

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

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

 7  probable financial impact of any amendment proposed by

 8  initiative pursuant to section 3.

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

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

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

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

13  be published in one newspaper of general circulation in each

14  county in which a newspaper is published.

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

16  by vote of at least three-fifths of the electors voting on the

17  measure, it shall be effective as an amendment to or revision

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

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

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

21                           ARTICLE XII

22                             SCHEDULE

23         SECTION 26.  APPROVAL OF CONSTITUTIONAL AMENDMENTS AND

24  REVISIONS.--The amendment to Section 5 of Article XI,

25  requiring a vote of at least three-fifths of the electors

26  voting on the measure for the approval of a proposed amendment

27  to or revision of this constitution, shall take effect upon

28  approval by the electors and shall apply only to a proposed

29  amendment or revision, however proposed, which is filed with

30  the custodian of state records after June 1, 2004.

31  

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    Florida Senate - 2004                                 SJR 2392
    25-1839A-04




 1         BE IT FURTHER RESOLVED that the following statement be

 2  placed on the ballot:

 3                     CONSTITUTIONAL AMENDMENT

 4                      ARTICLE XI, SECTION 5

 5                     ARTICLE XII, SECTION 26

 6         APPROVAL OF CONSTITUTIONAL AMENDMENTS OR

 7  REVISIONS.--Proposing an amendment to the State Constitution

 8  to require that, effective for any proposed constitutional

 9  amendment or revision filed with the Secretary of State after

10  June 1, 2004, the amendment or revision must be approved by at

11  least three-fifths of the electors of the state voting on the

12  measure rather than by a simple majority.

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