1 | Representative(s) Gelber offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the resolving clause and insert: |
5 | That the amendments to Sections 3, 5, and 7 of Article XI |
6 | of the State Constitution set forth below are agreed to and |
7 | shall be submitted to the electors of Florida for approval or |
8 | rejection at the general election to be held in November 2006: |
9 | ARTICLE XI |
10 | AMENDMENTS |
11 | SECTION 3. Initiative.-- |
12 | (a) The power to propose the revision or amendment of any |
13 | portion or portions of this constitution or to propose |
14 | legislation by initiative is reserved to the people, provided |
15 | that, any such revision or amendment or legislation, except for |
16 | those limiting the power of government to raise revenue, shall |
17 | embrace but one subject and matter directly connected therewith. |
18 | Any revision or amendment to this constitution proposed by |
19 | initiative shall: |
20 | (1) Amend or repeal an existing section of this |
21 | constitution on the same subject and matter; |
22 | (2) Address a basic or fundamental right of a citizen of |
23 | this state; or |
24 | (3) Change the basic structure of state government as |
25 | established in Article II, Article III, Article IV, or Article V |
26 | of this constitution, except that no revision or amendment shall |
27 | deprive the branches of government of any existing powers |
28 | granted in these articles. |
29 | (b) The power to propose an amendment or revision to this |
30 | constitution by initiative It may be invoked by filing with the |
31 | custodian of state records a petition containing a copy of the |
32 | proposed revision or amendment, signed by a number of electors |
33 | in each of one half of the congressional districts of the state, |
34 | and of the state as a whole, equal to eight percent of the votes |
35 | cast in each of such districts respectively and in the state as |
36 | a whole in the last preceding election in which presidential |
37 | electors were chosen. |
38 | (c) The power to propose legislation by initiative may be |
39 | invoked by filing with the custodian of state records a petition |
40 | containing a copy of the proposed legislation, signed by a |
41 | number of electors in each of one half of the congressional |
42 | districts of the state, and of the state as a whole, equal to |
43 | four percent of the votes cast in each of such districts |
44 | respectively and in the state as a whole in the last preceding |
45 | election in which presidential electors were chosen. The vote |
46 | required for passage of legislation proposed by initiative is a |
47 | simple majority of the votes cast on the initiative. |
48 | (d) Once ten percent of the number of signatures required |
49 | to place an amendment or revision to this constitution on the |
50 | ballot have been verified, the Attorney General shall, in |
51 | conjunction with the request for review of the validity of the |
52 | ballot language and compliance with single subject requirements |
53 | and as directed by general law, request the opinion of the |
54 | justices of the supreme court as to whether the proposed |
55 | amendment or revision contains subject matter that is |
56 | permissible for such an amendment or revision. The justices |
57 | shall, subject to their rules of procedure, permit interested |
58 | persons to be heard on the questions presented and shall render |
59 | their written opinion expeditiously. |
60 | SECTION 5. Amendment or revision or proposed legislation |
61 | election.-- |
62 | (a) A proposed amendment to or revision of this |
63 | constitution, or any part of it, or any legislation proposed by |
64 | initiative shall be submitted to the electors at the next |
65 | general election held more than ninety days after the joint |
66 | resolution or report of revision commission, constitutional |
67 | convention or taxation and budget reform commission proposing it |
68 | is filed with the custodian of state records, unless, pursuant |
69 | to law enacted by the affirmative vote of three-fourths of the |
70 | membership of each house of the legislature and limited to a |
71 | single amendment or revision, it is submitted at an earlier |
72 | special election held more than ninety days after such filing. |
73 | (b) A proposed amendment or revision of this constitution, |
74 | or any part of it, or proposed legislation by initiative shall |
75 | be submitted to the electors at the general election provided |
76 | the initiative petition is filed with the custodian of state |
77 | records no later than February 1 of the year in which the |
78 | general election is held. |
79 | (c) The legislature shall provide by general law, prior to |
80 | the holding of an election pursuant to this section, for the |
81 | provision of a statement to the public regarding the probable |
82 | financial impact of any amendment or legislation proposed by |
83 | initiative pursuant to section 3. |
84 | (d) Once in the tenth week, and once in the sixth week |
85 | immediately preceding the week in which the election is held, |
86 | the proposed amendment or revision or the proposed legislation, |
87 | with notice of the date of election at which it will be |
88 | submitted to the electors, shall be published in one newspaper |
89 | of general circulation in each county in which a newspaper is |
90 | published. |
91 | (e) Unless otherwise specifically provided for elsewhere |
92 | in this constitution, if the proposed amendment or revision is |
93 | approved by vote of at least sixty percent of the electors |
94 | voting on the measure, it shall be effective as an amendment to |
95 | or revision of the constitution of the state on the first |
96 | Tuesday after the first Monday in January following the |
97 | election, or on such other date as may be specified in the |
98 | amendment or revision. |
99 | (f) For the first three years following the effective date |
100 | of legislation approved by the voters under this section, |
101 | legislation passed by initiative may be amended or repealed by |
102 | two-thirds vote of the membership of each house of the |
103 | legislature. |
104 | SECTION 7. Tax, or fee, or significant fiscal impact |
105 | limitation.--Notwithstanding Article X, Section 12(d) of this |
106 | constitution: |
107 | (a) Any amendment or revision to this constitution that |
108 | imposes or authorizes the imposition of a, no new State tax or |
109 | fee or increases or authorizes an increase in an existing tax or |
110 | fee shall become effective only if be imposed on or after |
111 | November 8, 1994 by any amendment to this constitution unless |
112 | the proposed amendment or revision is approved by not fewer than |
113 | two-thirds of the voters voting in the election in which such |
114 | proposed amendment or revision is considered. This subsection |
115 | shall apply to the imposition or authorization of an existing |
116 | tax or fee that is not currently being collected, to an increase |
117 | in the rate of an existing tax or fee, and to the modification |
118 | of an exemption, exclusion, deduction, credit, or other |
119 | mechanism which currently eliminates or reduces the liability of |
120 | a person or entity for an existing tax or fee. For purposes of |
121 | this section, the phrase "new State tax or fee" means shall mean |
122 | any tax or fee which would produce revenue subject to lump sum |
123 | or other appropriation by the Legislature, either for the State |
124 | general revenue fund or any trust fund, which tax or fee is not |
125 | in effect on November 7, 1994, including without limitation such |
126 | taxes and fees as are the subject of proposed constitutional |
127 | amendments appearing on the ballot on November 8, 1994. The |
128 | phrase "new tax or fee" also means any tax or fee which would |
129 | produce revenue for a county, school district, municipality, or |
130 | special district. This section shall apply to proposed |
131 | constitutional amendments relating to State taxes or fees which |
132 | appear on the November 8, 1994 ballot, or later ballots, and Any |
133 | such proposed amendment or revision which fails to gain the two- |
134 | thirds vote required hereby shall be null, void, and without |
135 | effect. |
136 | (b) Any amendment or revision to this constitution that |
137 | imposes a significant fiscal impact on the state, counties, |
138 | school districts, municipalities, or special districts shall |
139 | become effective only if the proposed amendment or revision is |
140 | approved by not fewer than two-thirds of the voters voting in |
141 | the election in which such proposed amendment or revision is |
142 | considered. For purposes of this section, the phrase |
143 | "significant fiscal impact" means having a collective annual |
144 | fiscal impact in an amount greater than one-tenth of one percent |
145 | of the total state budget for the state fiscal year ending in |
146 | the year prior to the election in which such proposed amendment |
147 | or revision is considered. The dollar amount for the |
148 | determination of a significant fiscal impact shall be certified |
149 | pursuant to the process established in general law. Any such |
150 | proposed amendment or revision which fails to gain the two- |
151 | thirds vote required hereby shall be null, void, and without |
152 | effect. |
153 | BE IT FURTHER RESOLVED that the title and substance of the |
154 | amendment proposed herein shall appear on the ballot as follows: |
155 | CONSTITUTIONAL REVISIONS, AMENDMENTS, |
156 | OR LEGISLATION PROPOSED BY INITIATIVE |
157 | Proposes an amendment to Section 3 of Article XI of the |
158 | State Constitution to provide that a constitutional revision or |
159 | amendment proposed by initiative must amend or repeal an |
160 | existing section of the State Constitution on the same subject |
161 | and matter; must address a basic or fundamental right of a |
162 | citizen of this state; or must change the basic structure of |
163 | state government as established in Article II, Article III, |
164 | Article IV, or Article V of the State Constitution, except that |
165 | no revision or amendment may deprive the branches of government |
166 | of any existing powers granted in these articles; to provide the |
167 | people the power to propose legislation by initiative; to |
168 | require the signatures of four percent of the number of electors |
169 | in each of one-half of the congressional districts of the state |
170 | for placement of proposed legislation on the ballot; to require |
171 | a simple majority of the votes cast on legislation; to require |
172 | the Attorney General to request the opinion of the Supreme Court |
173 | on whether a proposed amendment or revision to the constitution |
174 | contains permissible subject matter. Proposes an amendment to |
175 | Section 5 of Article XI of the State Constitution to require |
176 | that any proposed amendment to or revision of the State |
177 | Constitution, whether proposed by the Legislature, by |
178 | initiative, or by any other method, must be approved by at least |
179 | 60 percent of the voters of the state voting on the measure, |
180 | rather than by a simple majority; to provide proposal and |
181 | passage procedure requirements of legislation proposed by |
182 | initiative to be similar to procedure requirements of proposed |
183 | amendments or revisions to the constitution; to require at least |
184 | a two-thirds vote of each house of the Legislature to amend or |
185 | repeal legislation passed by initiative. Proposes an amendment |
186 | to Section 7 of Article XI of the State Constitution to require |
187 | approval by at least two-thirds of the voters of any proposed |
188 | amendment or revision to the State Constitution imposing or |
189 | authorizing imposition of any new tax or fee, increasing or |
190 | authorizing an increase in any existing tax or fee, or imposing |
191 | a significant fiscal impact on the state, counties, school |
192 | districts, municipalities, or special districts; to delete a |
193 | provision limiting application of such voting requirement to |
194 | only state taxes or fees; to expand the definition of the term |
195 | "new tax or fee" to include revenue-producing exactions for |
196 | counties, municipalities, school districts, and special |
197 | districts; and to define the term "significant fiscal impact" to |
198 | mean having a collective annual fiscal impact in an amount |
199 | greater than one-tenth of one percent of the total state budget |
200 | for the state fiscal year ending in the year prior to the |
201 | general election in which such proposed amendment or revision is |
202 | considered. |
203 |
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204 |
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205 | ================= T I T L E A M E N D M E N T ================= |
206 | Remove the entire title and insert: |
207 | House Joint Resolution |
208 | A joint resolution proposing amendments to Sections 3, 5, |
209 | and 7 of Article XI of the State Constitution to provide |
210 | the permissible subject matter of revisions or amendments |
211 | to the State Constitution proposed by initiative; to |
212 | provide the power to propose legislation by initiative and |
213 | requirements to propose legislation by initiative; to |
214 | require that any proposed amendment to or revision of the |
215 | State Constitution be approved by at least 60 percent of |
216 | the electors voting on the measure; to require approval by |
217 | at least two-thirds of the voters of any proposed |
218 | amendment or revision to the State Constitution imposing |
219 | or authorizing imposition of any new tax or fee, |
220 | increasing or authorizing an increase in any existing tax |
221 | or fee, or imposing a significant fiscal impact on the |
222 | state, counties, school districts, municipalities, or |
223 | special districts, and to delete a provision limiting such |
224 | voting requirement to only new state taxes or fees. |