Bill Text: HJR 0067

HJR 0067

2004

House Joint Resolution

A joint resolution proposing a revision of Article XI of

the State Constitution relating to amendments to the State

Constitution.

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

That the revision of Article XI of the State Constitution

set forth below is agreed to and shall be submitted to the

electors of Florida for approval or rejection at the general

election to be held in November 2004:

ARTICLE XI

AMENDMENTS

SECTION 1. Proposal by legislature.--

(a)Amendment of a section or revision of one or more

articles, or the whole, of this constitution may be proposed by

joint resolution agreed to by three-fifths of the membership of

each house of the legislature. The full text of the joint

resolution and the vote of each member voting shall be entered

on the journal of each house. At least seven days prior to the

final vote in either house, the most recent version of the text

of the proposed amendment or revision shall be referred to the

attorney general who may render an opinion in writing to the

senate and the house of representatives as to the effect of such

amendment or revision upon other provisions of this constitution

and whether the amendment or revision affects the basic

structure of government, its officers and agencies, their powers

and duties, and the people’s constitutional rights.

(b) In the event that a court declares the text or ballot

summary of an amendment or revision to this constitution

proposed by joint resolution of the legislature to be

unconstitutional, such decision shall be immediately reviewed by

the supreme court. In the event the supreme court declares the

text or ballot summary of an amendment or revision to this

constitution proposed by joint resolution of the legislature to

be unconstitutional, the supreme court shall remand the joint

resolution to the legislature for the appropriate change or

changes to be made consistent with the opinion of the court. The

legislature may, by majority vote of the membership of each

house, amend and adopt the joint resolution if then in session

or, if not in session, at any time prior to the adjournment sine

die of the immediately succeeding regular legislative session.

each member voting shall be entered on the journal of each

house.

(d) The date of furnishing the final text to the attorney

general, and the date of receipt of the attorney general's

opinion thereon, if any, shall also be noted in the journal of

each house. The record in the journal of each house shall

constitute conclusive compliance with this provision.

(e) Neither the failure of the attorney general to render

an opinion concerning a proposed amendment or revision nor the

attorney general's failure to do so in a timely fashion shall

affect the validity of such proposed amendment or revision or

legislative action thereon.

SECTION 2. Revision commission.--

(a) Within thirty days before the convening of the 2017

regular session of the legislature, and each twentieth year

thereafter, there shall be established a constitution revision

commission composed of the following thirty-seven members:

(1) the attorney general of the state;

(2) fifteen members selected by the governor;

(3) nine members selected by the speaker of the house of

representatives and nine members selected by the president of

the senate; and

(4) three members selected by the chief justice of the

supreme court of Florida with the advice of the justices.

(b) The governor shall designate one member of the

commission as its chair. Vacancies in the membership of the

commission shall be filled in the same manner as the original

appointments.

the call of its chair, adopt its rules of procedure, examine the

constitution of the state, hold public hearings, and, not later

than one hundred eighty days prior to the next general election,

file with the custodian of state records its proposal, if any,

of a revision of this constitution or any part of it.

SECTION 3. Advisory initiative.--The power to advise the

legislature by initiative for the purpose of revising any

statute or statutes or portion or portions of this constitution

is reserved to the people, provided that any such statutory

change, revision, or amendment, as determined by the committee

of first referral, except for those limiting the power of

government to raise revenue, shall embrace but one subject and

matter directly connected therewith. It may be invoked by filing

with the custodian of state records a petition containing a copy

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

electors in each of one half of the congressional districts of

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

of the votes cast in each of such districts respectively and in

the state as a whole in the last preceding election in which

presidential electors were chosen. Upon receipt of the properly

invoked advisory initiative, the president of the senate and the

speaker of the house of representatives shall refer the advisory

initiative to the committee or committees of their respective

chambers. It shall then be the duty of the committee of first

referral to consider such advisory initiatives and if it

determines that such initiative should be implemented, the

committee shall determine whether the initiative requires a

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constitutional revision. If the committee of first referral

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determines that a constitutional amendment or revision is

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required, the committee shall cause to be filed in its

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respective house a joint resolution proposing such amendment or

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revision and legislation reasonably necessary to implement such

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initiative contingent on the amendment or revision being adopted

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by the electors. If the committee of first referral determines

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that a constitutional amendment or revision is not required, the

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committee shall cause to be filed legislation reasonably

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necessary to implement the initiative. ~~Initiative.--The power to~~

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~~propose the revision or amendment of any portion or portions of~~

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~~this constitution by initiative is reserved to the people,~~

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~~provided that, any such revision or amendment, except for those~~

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~~limiting the power of government to raise revenue, shall embrace~~

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~~but one subject and matter directly connected therewith. It may~~

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~~be invoked by filing with the custodian of state records a~~

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~~petition containing a copy of the proposed revision or~~

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~~amendment, signed by a number of electors in each of one half of~~

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

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~~whole, equal to eight percent of the votes cast in each of such~~

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

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~~preceding election in which presidential electors were chosen.~~

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SECTION 4. Constitutional convention.--

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(a) The legislature may, by joint resolution adopted by

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two-thirds of the membership of each house, call a convention to

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propose a general revision of, or specific amendments to, this

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constitution, as the legislature in its call may stipulate.

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(b)~~(a)~~ The people may also ~~power to~~call a convention to

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consider a revision of the entire constitution, or specific

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amendments thereto ~~is reserved to the people~~. It may be invoked

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by filing with the custodian of state records a petition,

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containing a declaration that a constitutional convention is

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desired, signed by a number of electors in each of one half of

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

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whole, equal to fifteen per cent of the votes cast in each such

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district respectively and in the state as a whole in the last

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preceding election of presidential electors.

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of delegates to a convention called pursuant to subsection (a)

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or subsection (b), and for the date of convening and the final

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adjournment date for such convention.

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(d)~~(b)~~At the next general election held more than ninety

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days after the filing of such petition there shall be submitted

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to the electors of the state the question: "Shall a

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constitutional convention be held?" If a majority voting on the

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question votes in the affirmative, at the next succeeding

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general election there shall be elected from each representative

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district a member of a constitutional convention. On the twenty-

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first day following that election, the convention shall sit at

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the capital, elect officers, adopt rules of procedure, judge the

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election of its membership, and fix a time and place for its

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future meetings. Not later than ninety days before the next

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succeeding general election, the convention shall cause to be

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filed with the custodian of state records any revision of this

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constitution proposed by it.

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SECTION 5. Amendment or revision election.--

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(a) A proposed amendment to or revision of this

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

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electors at the next general election held more than ninety days

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after the joint resolution~~, initiative petition~~or report of

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revision commission, constitutional convention,or taxation and

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budget reform commission proposing it is filed with the

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

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

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house of the legislature and limited to a single amendment or

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revision, it is submitted at an earlier special election held

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more than ninety days after such filing.

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(b) The legislature shall provide by general law, prior to

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the holding of an election pursuant to this section, for the

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provision of a statement to the public regarding the probable

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financial impact of any amendment ~~proposed by initiative~~

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~~pursuant to section 3~~.

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immediately preceding the week in which the election is held,

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

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

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published in one newspaper of general circulation in each county

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in which a newspaper is published.

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

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vote of the electors, it shall be effective as an amendment to

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or revision of the constitution of the state on the first

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Tuesday after the first Monday in January following the

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

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amendment or revision.

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SECTION 6. Taxation and budget reform commission.--

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(a) Beginning in 2007 and each twentieth year thereafter,

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there shall be established a taxation and budget reform

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commission composed of the following members:

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(1) eleven members selected by the governor, none of whom

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shall be a member of the legislature at the time of appointment.

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(2) seven members selected by the speaker of the house of

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representatives and seven members selected by the president of

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the senate, none of whom shall be a member of the legislature at

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the time of appointment.

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(3) four non-voting ex officio members, all of whom shall

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be members of the legislature at the time of appointment. Two of

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these members, one of whom shall be a member of the minority

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party in the house of representatives, shall be selected by the

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speaker of the house of representatives, and two of these

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members, one of whom shall be a member of the minority party in

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the senate, shall be selected by the president of the senate.

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(b) Vacancies in the membership of the commission shall be

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filled in the same manner as the original appointments.

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shall elect a member who is not a member of the legislature to

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serve as chair and the commission shall adopt its rules of

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procedure. Thereafter, the commission shall convene at the call

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of the chair. An affirmative vote of two thirds of the full

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commission shall be necessary for any revision of this

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constitution or any part of it to be proposed by the commission.

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(d) The commission shall examine the state budgetary

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process, the revenue needs and expenditure processes of the

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state, the appropriateness of the tax structure of the state,

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and governmental productivity and efficiency; review policy as

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it relates to the ability of state and local government to tax

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and adequately fund governmental operations and capital

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facilities required to meet the state's needs during the next

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twenty year period; determine methods favored by the citizens of

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the state to fund the needs of the state, including alternative

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methods for raising sufficient revenues for the needs of the

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state; determine measures that could be instituted to

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effectively gather funds from existing tax sources; examine

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constitutional limitations on taxation and expenditures at the

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state and local level; and review the state's comprehensive

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planning, budgeting and needs assessment processes to determine

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whether the resulting information adequately supports a

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strategic decisionmaking process.

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(e) The commission shall hold public hearings as it deems

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necessary to carry out its responsibilities under this section.

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The commission shall issue a report of the results of the review

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carried out, and propose to the legislature any recommended

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statutory changes related to the taxation or budgetary laws of

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the state. Not later than one hundred eighty days prior to the

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general election in the second year following the year in which

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the commission is established, the commission shall file with

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the custodian of state records its proposal, if any, of a

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revision of this constitution or any part of it dealing with

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taxation or the state budgetary process.

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SECTION 7. Tax or fee limitation.--Notwithstanding Article

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X, Section 12(d) of this constitution, no new State tax or fee

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shall be imposed on or after November 8, 1994 by any amendment

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to this constitution unless the proposed amendment is approved

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by not fewer than two-thirds of the voters voting in the

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election in which such proposed amendment is considered. For

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purposes of this section, the phrase "new State tax or fee"

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shall mean any tax or fee which would produce revenue subject to

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lump sum or other appropriation by the Legislature, either for

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the State general revenue fund or any trust fund, which tax or

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fee is not in effect on November 7, 1994 including without

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limitation such taxes and fees as are the subject of proposed

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constitutional amendments appearing on the ballot on November 8,

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1994. This section shall apply to proposed constitutional

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amendments relating to State taxes or fees which appear on the

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November 8, 1994 ballot, or later ballots, and any such proposed

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amendment which fails to gain the two-thirds vote required

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hereby shall be null, void and without effect.

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BE IT FURTHER RESOLVED that the title and substance of the

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amendment proposed herein shall appear on the ballot as follows:

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AMENDING THE STATE CONSTITUTION

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Proposes a revision of Article XI of the State Constitution

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to require submissions of constitutional amendments proposed by

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the Legislature to the Attorney General at least 7 days prior to

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final vote by the Legislature; provides that compliance with

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this requirement shall be established by the journals of each

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house of the Legislature; permits the Attorney General to render

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an opinion in writing to the Legislature as to the effect of

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such amendment or revision upon other provisions of the

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Constitution and whether the amendment or revision affects the

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basic structure of government, its officers and agencies, their

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powers and duties, and the people’s constitutional rights;

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requires review by the Supreme Court of lower court decisions

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declaring a legislatively proposed constitutional amendment to

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be unconstitutional; allows the Legislature to develop by

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majority vote language consistent with the opinion of the

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Florida Supreme Court if the Florida Supreme Court rejects

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particular language of the joint resolution proposing the

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original constitutional amendment; eliminates the ability to

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amend the State Constitution through the initiative process;

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allows the ability for the people to propose statutory or

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constitutional revisions to the legislature for its

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consideration through advisory initiatives proposed by a

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signature process; authorizes the public to convene a

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constitutional convention on specific amendments to the

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Constitution; permits the Legislature by a 2/3 vote of the

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membership of each house to convene a constitutional convention

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and to limit the subject matter thereof; and requires the

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Legislature to provide by law for the election of delegates, the

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convening, and final adjournment date of constitutional

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conventions called by the people or the Legislature.