Senate Bill sb2394e1

    SJR 2394                                       First Engrossed



  1                 Senate Joint Resolution No. 2394

  2         A joint resolution proposing amendments to

  3         Section 10 of Article IV and Section 5 of

  4         Article XI of the State Constitution; revising

  5         the deadline for filing a constitutional

  6         amendment proposed by initiative with the

  7         Secretary of State for purposes of placing the

  8         proposed amendment on the general election

  9         ballot; revising the timeframe for the Supreme

10         Court to render an advisory opinion on the

11         validity of an initiative petition.

12  

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

14  

15         That the following amendments to Section 10 of Article

16  IV and Section 5 of Article XI of the State Constitution are

17  agreed to and shall be submitted to the electors of this state

18  for approval or rejection at the next general election or at

19  an earlier special election specifically authorized by law for

20  that purpose:

21                            ARTICLE IV

22                            EXECUTIVE

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

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

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

26  initiative petition circulated pursuant to Section 3 of

27  Article XI.  The justices shall, subject to their rules of

28  procedure, permit interested persons to be heard on the

29  questions presented and shall render their written opinion no

30  later than April 1 of the year in which the initiative is to

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    SJR 2394                                       First Engrossed



 1  be submitted to the voters pursuant to Section 5 of Article XI

 2  expeditiously.

 3                            ARTICLE XI

 4                            AMENDMENTS

 5         SECTION 5.  Amendment or revision election.--

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

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

 8  electors at the next general election held more than ninety

 9  days after the joint resolution, initiative petition or report

10  of revision commission, constitutional convention or taxation

11  and budget reform commission proposing it is filed with the

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

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

14  each house of the legislature and limited to a single

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

16  election held more than ninety days after such filing.

17         (b)  A proposed amendment or revision of this

18  constitution, or any part of it, by initiative shall be

19  submitted to the electors at the general election provided the

20  initiative petition is filed with the custodian of state

21  records no later than February 1 of the year in which the

22  general election is held.

23         (c)(b)  The legislature shall provide by general law,

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

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

26  probable financial impact of any amendment proposed by

27  initiative pursuant to section 3.

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

29  week immediately preceding the week in which the election is

30  held, the proposed amendment or revision, with notice of the

31  date of election at which it will be submitted to the


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    SJR 2394                                       First Engrossed



 1  electors, shall be published in one newspaper of general

 2  circulation in each county in which a newspaper is published.

 3         (e)(d)  If the proposed amendment or revision is

 4  approved by vote of the electors, it shall be effective as an

 5  amendment to or revision of the constitution of the state on

 6  the first Tuesday after the first Monday in January following

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

 8  amendment or revision.

 9         BE IT FURTHER RESOLVED that the following statement be

10  placed on the ballot:

11                    CONSTITUTIONAL AMENDMENTS

12                      ARTICLE IV, SECTION 10

13                      ARTICLE XI, SECTION 5

14         CONSTITUTIONAL AMENDMENTS PROPOSED BY

15  INITIATIVE.--Proposing amendments to the State Constitution to

16  require the sponsor of a constitutional amendment proposed by

17  citizen initiative to file the initiative petition with the

18  Secretary of State by February 1 of the year of a general

19  election in order to have the measure submitted to the

20  electors for approval or rejection at the following November's

21  general election, and to require the Florida Supreme Court to

22  render an advisory opinion addressing the validity of an

23  initiative petition by April 1 of the year in which the

24  amendment is to be submitted to the electors.

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