Senate Bill sb2396c1

    Florida Senate - 2004                          CS for SJR 2396

    By the Committee on Judiciary; and Senators Atwater and Smith





    308-2189-04

  1                 Senate Joint Resolution No. 2396

  2         A joint resolution proposing an amendment to

  3         Section 3 of Article XI of the State

  4         Constitution, relating to the type of amendment

  5         or revision which may be proposed by citizen

  6         initiative.

  7  

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

  9  

10         That the following amendment to Section 3 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 3.  Initiative.--

18         (a)  The power to propose the revision or amendment of

19  any portion or portions of this constitution by initiative is

20  reserved to the people, provided that, any such revision or

21  amendment, except for those limiting the power of government

22  to raise revenue, shall embrace but one subject and matter

23  directly connected therewith. The amendment or revision must

24  also:

25         (1)  seek to alter, amend, or repeal an existing

26  article of or amendment to this constitution;

27         (2)  address a basic right of a citizen of this state;

28  or

29         (3)  change the basic structure of state government as

30  established in Article II, Article III, Article IV, or Article

31  V.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                          CS for SJR 2396
    308-2189-04




 1         (b)  The initiative power It may be invoked by filing

 2  with the custodian of state records a petition containing a

 3  copy of the proposed revision or amendment, signed by a number

 4  of electors in each of one half of the congressional districts

 5  of the state, and of the state as a whole, equal to eight

 6  percent of the votes cast in each of such districts

 7  respectively and in the state as a whole in the last preceding

 8  election in which presidential electors were chosen.

 9         BE IT FURTHER RESOLVED that the following statement be

10  placed on the ballot:

11                     CONSTITUTIONAL AMENDMENT

12                      ARTICLE XI, SECTION 3

13         CONSTITUTIONAL AMENDMENTS AND REVISIONS PROPOSED BY

14  INITIATIVE.--Proposing an amendment to the State Constitution

15  to provide that a constitutional amendment or revision

16  proposed by citizen initiative must alter, amend, or repeal an

17  existing article or amendment to the State Constitution;

18  address a basic right of a citizen of this state; or change

19  the basic structure of state government as established in

20  Article II, Article III, Article IV, or Article V.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 2396

24                                 

25  
    -    Revises language to limit amendments or revisions to
26       those that address a basic, rather than a fundamental
         right.
27  
    -    Specifies that amendments are authorized where they
28       change the basic structure of state government as
         established in certain provisions of the state
29       constitution.

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.