| 1 | Representative(s) Ryan offered the following: |
| 2 |
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| 3 | Amendment (with ballot statement and title amendments) |
| 4 | Remove everything after the resolving clause and insert: |
| 5 | That the creation of Section 20 of Article III and the |
| 6 | amendment of Section 10 of Article IV and Section 5 of Article |
| 7 | XI of the State Constitution set forth below is agreed to and |
| 8 | shall be submitted to the electors of Florida for approval or |
| 9 | rejection at the general election to be held in November 2006: |
| 10 | ARTICLE III |
| 11 | LEGISLATURE |
| 12 | SECTION 20. Legislation by initiative.-- |
| 13 | (a)(1) The power to propose legislation by initiative is |
| 14 | reserved to the people, provided that any such legislation shall |
| 15 | embrace one subject and matter directly connected therewith. |
| 16 | This power may be invoked by filing with the custodian of state |
| 17 | records a petition containing a copy of the proposed |
| 18 | legislation. |
| 19 | (2) The following subjects may not be proposed by |
| 20 | initiative: special and general laws of local application; laws |
| 21 | that impose, eliminate, increase or grant exemption from taxes; |
| 22 | laws that appropriate state funds; laws requiring counties or |
| 23 | municipalities to spend funds or eliminating their ability to |
| 24 | raise revenues or receive state tax revenue; laws that provide |
| 25 | exemption from public records or public meeting requirements; |
| 26 | laws that provide for the number or assignment of judges or the |
| 27 | jurisdiction of courts; laws that the legislature is prohibited |
| 28 | from passing or must pass by an extraordinary vote; and laws |
| 29 | changing the boundaries of any municipality, county, or special, |
| 30 | legislative, or congressional district. |
| 31 | (b)(1) Upon filing with the custodian of state records a |
| 32 | petition signed by a number of electors in the state as a whole |
| 33 | equal to two percent of the votes cast in the state as a whole |
| 34 | in the last preceding election in which presidential electors |
| 35 | were chosen, the proposed legislation shall be brought before |
| 36 | the legislature for enactment at the next regular session held |
| 37 | more than thirty days following submission of the petition as |
| 38 | provided herein. The proposed legislation shall be treated as a |
| 39 | bill subject to section 7 of this article. The enacting clause |
| 40 | of every law proposed by initiative shall read: "Be It Enacted |
| 41 | by the People of the State of Florida by Initiative:". |
| 42 | (2) If the legislature fails to enact the proposed |
| 43 | legislation, the proposed legislation may be placed on the |
| 44 | ballot at the next general election held more than ninety days |
| 45 | after a initiative petition proposing legislation is filed with |
| 46 | the custodian of state records signed by a number of electors in |
| 47 | the state equal to four percent of the votes cast in the state |
| 48 | as a whole in the last preceding election in which presidential |
| 49 | electors were chosen. |
| 50 | (c) The governor may not veto legislation proposed by |
| 51 | initiative that is approved by the electors. Laws that are |
| 52 | enacted by initiative may be amended or repealed as provided in |
| 53 | this section and shall otherwise be subject to the powers of the |
| 54 | governor and the legislature granted by this constitution, as |
| 55 | such powers apply to any law or legislation. However, |
| 56 | notwithstanding section 7 of this article, the legislature may |
| 57 | amend or repeal legislation approved by vote of the electors for |
| 58 | the first two years after it takes effect only by a vote of |
| 59 | three-fifths of the membership of each house of legislature and |
| 60 | thereafter by a majority vote of the membership of each house of |
| 61 | the legislature. |
| 62 | (d) Once in the tenth week, and once in the sixth week |
| 63 | immediately preceding the week in which the election is held, |
| 64 | the proposed legislation, with notice of the date of the |
| 65 | election at which it will be submitted to the electors, shall be |
| 66 | published in one newspaper of general circulation in each county |
| 67 | in which a newspaper is published. |
| 68 | (e) If the legislation proposed by initiative is approved |
| 69 | by majority vote of the electors voting on the proposed |
| 70 | legislation, it shall be effective on the first day of July |
| 71 | following the next regular session of the legislature after the |
| 72 | general election at which the legislative initiative was |
| 73 | approved. |
| 74 | ARTICLE IV |
| 75 | EXECUTIVE |
| 76 | SECTION 10. Attorney General.--The attorney general shall, |
| 77 | as directed by general law, request the opinion of the justices |
| 78 | of the supreme court as to the validity of any initiative |
| 79 | petition proposing legislation circulated pursuant to Section 20 |
| 80 | of Article III or any initiative petition proposing to amend or |
| 81 | revise this constitution circulated pursuant to Section 3 of |
| 82 | Article XI. The justices shall, subject to their rules of |
| 83 | procedure, permit interested persons to be heard on the |
| 84 | questions presented and shall render their written opinion no |
| 85 | later than April 1 of the year in which the initiative is to be |
| 86 | submitted to the voters pursuant to Section 5 of Article XI. |
| 87 | ARTICLE XI |
| 88 | AMENDMENTS |
| 89 | SECTION 5. Amendment or revision election.-- |
| 90 | (a) A proposed amendment to or revision of this |
| 91 | constitution, or any part of it, shall be submitted to the |
| 92 | electors at the next general election held more than ninety days |
| 93 | after the joint resolution or report of revision commission, |
| 94 | constitutional convention or taxation and budget reform |
| 95 | commission proposing it is filed with the custodian of state |
| 96 | records, unless, pursuant to law enacted by the affirmative vote |
| 97 | of three-fourths of the membership of each house of the |
| 98 | legislature and limited to a single amendment or revision, it is |
| 99 | submitted at an earlier special election held more than ninety |
| 100 | days after such filing. |
| 101 | (b) A proposed amendment or revision of this constitution, |
| 102 | or any part of it, by initiative shall be submitted to the |
| 103 | electors at the general election provided the initiative |
| 104 | petition is filed with the custodian of state records no later |
| 105 | than February 1 of the year in which the general election is |
| 106 | held. |
| 107 | (c) The legislature shall provide by general law, prior to |
| 108 | the holding of an election pursuant to this section, for the |
| 109 | provision of a statement to the public regarding the probable |
| 110 | financial impact of any amendment proposed by initiative |
| 111 | pursuant to section 3. |
| 112 | (d) Once in the tenth week, and once in the sixth week |
| 113 | immediately preceding the week in which the election is held, |
| 114 | the proposed amendment or revision, with notice of the date of |
| 115 | election at which it will be submitted to the electors, shall be |
| 116 | published in one newspaper of general circulation in each county |
| 117 | in which a newspaper is published. |
| 118 | (e) Unless otherwise specifically provided for elsewhere |
| 119 | in this constitution, if the proposed amendment or revision is |
| 120 | approved by vote of at least sixty percent of the electors |
| 121 | voting on the measure, it shall be effective as an amendment to |
| 122 | or revision of the constitution of the state on the first |
| 123 | Tuesday after the first Monday in January following the |
| 124 | election, or on such other date as may be specified in the |
| 125 | amendment or revision. |
| 126 | BE IT FURTHER RESOLVED that the title and substance of the |
| 127 | amendment proposed herein shall appear on the ballot as follows: |
| 128 | LEGISLATION BY INITIATIVE; REQUIRING BROADER PUBLIC |
| 129 | SUPPORT FOR CONSTITUTIONAL AMENDMENTS OR REVISIONS |
| 130 | Proposes the creation of Section 20 of Article III and the |
| 131 | amendment of Section 10 of Article IV and Section 5 of Article |
| 132 | XI of the State Constitution to allow legislation to be proposed |
| 133 | by initiative, unless it is special or local in nature, involves |
| 134 | taxes or tax exemptions, appropriates state funds, requires |
| 135 | counties or municipalities to spend funds or eliminates their |
| 136 | ability to raise revenues or receive state tax revenue, provides |
| 137 | exemption from public records or public meetings requirements, |
| 138 | provides for the number or assignment of judges or the |
| 139 | jurisdiction of courts, is constitutionally prohibited or |
| 140 | requires passage by an extraordinary vote of the Legislature, or |
| 141 | changes the boundaries of any municipality, county, or special, |
| 142 | legislative, or congressional district; to prescribe standards |
| 143 | for such initiatives and requirements to invoke and approve |
| 144 | them; to prohibit gubernatorial veto and restrict the |
| 145 | Legislature from amending or repealing such legislation in the |
| 146 | first 2 years after taking effect, except by an extraordinary |
| 147 | vote; to provide for Supreme Court review of initiative |
| 148 | petitions proposing legislation; to require signatures for |
| 149 | initiative petitions to amend or revise the State Constitution |
| 150 | to be gathered in all, rather than one half, of the |
| 151 | congressional districts and of the state as a whole; to allow |
| 152 | repeal of amendments or revisions to the State Constitution |
| 153 | adopted by initiative petition pursuant to the same requirements |
| 154 | as those for adoption of the amendment or revision to be |
| 155 | repealed; and to require that any proposed amendment to or |
| 156 | revision of the State Constitution, whether proposed by the |
| 157 | Legislature, by initiative, or by any other method, must be |
| 158 | approved by at least 60 percent of the voters voting on the |
| 159 | measure. |
| 160 |
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| 161 | ================= T I T L E A M E N D M E N T ================= |
| 162 | Remove the entire title and insert: |
| 163 | House Joint Resolution |
| 164 | A joint resolution proposing the creation of Section 20 of |
| 165 | Article III and the amendment of Section 10 of Article IV |
| 166 | and Section 5 of Article XI of the State Constitution to |
| 167 | authorize the proposal of legislation by initiative, to |
| 168 | provide for Supreme Court review of initiative petitions |
| 169 | proposing legislation, and to require that any proposed |
| 170 | amendment to or revision of the State Constitution be |
| 171 | approved by at least 60 percent of the electors voting on |
| 172 | the measure. |