Amendment
Bill No. 1727
Amendment No. 321175
CHAMBER ACTION
Senate House
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1Representative(s) Ryan offered the following:
2
3     Amendment (with ballot statement and title amendments)
4     Remove everything after resolving clause and insert:
5     That the creation of Section 20 of Article III and the
6amendment of Section 10 of Article IV and Sections 3 and 5 of
7Article XI of the State Constitution set forth below is agreed
8to and shall be submitted to the electors of Florida for
9approval or rejection at the general election to be held in
10November 2006:
11
ARTICLE III
12
LEGISLATURE
13     SECTION 20.  Legislation by initiative.--
14     (a)(1)  The power to propose legislation by initiative is
15reserved to the people, provided that any such legislation shall
16embrace one subject and matter directly connected therewith.
17This power may be invoked by filing with the custodian of state
18records a petition containing a copy of the proposed
19legislation.
20     (2)  The following subjects may not be proposed by
21initiative: special and general laws of local application; laws
22that impose, eliminate, increase or grant exemption from taxes;
23laws that appropriate state funds; laws requiring counties or
24municipalities to spend funds or eliminating their ability to
25raise revenues or receive state tax revenue; laws that provide
26exemption from public records or public meeting requirements;
27laws that provide for the number or assignment of judges or the
28jurisdiction of courts; laws that the legislature is prohibited
29from passing or must pass by an extraordinary vote; and laws
30changing the boundaries of any municipality, county, or special,
31legislative, or congressional district.
32     (b)(1)  Upon filing with the custodian of state records a
33petition signed by a number of electors in the state as a whole
34equal to two percent of the votes cast in the state as a whole
35in the last preceding election in which presidential electors
36were chosen, the proposed legislation shall be brought before
37the legislature for enactment at the next regular session held
38more than thirty days following submission of the petition as
39provided herein. The proposed legislation shall be treated as a
40bill subject to section 7 of this article. The enacting clause
41of every law proposed by initiative shall read: "Be It Enacted
42by the People of the State of Florida by Initiative:".
43     (2)  If the legislature fails to enact the proposed
44legislation, the proposed legislation may be placed on the
45ballot at the next general election held more than ninety days
46after a initiative petition proposing legislation is filed with
47the custodian of state records signed by a number of electors in
48the state equal to four percent of the votes cast in the state
49as a whole in the last preceding election in which presidential
50electors were chosen.
51     (c)  The governor may not veto legislation proposed by
52initiative that is approved by the electors. Laws that are
53enacted by initiative may be amended or repealed as provided in
54this section and shall otherwise be subject to the powers of the
55governor and the legislature granted by this constitution, as
56such powers apply to any law or legislation. However,
57notwithstanding section 7 of this article, the legislature may
58amend or repeal legislation approved by vote of the electors for
59the first two years after it takes effect only by a vote of
60three-fifths of the membership of each house of legislature and
61thereafter by a majority vote of the membership of each house of
62the legislature.
63     (d)  Once in the tenth week, and once in the sixth week
64immediately preceding the week in which the election is held,
65the proposed legislation, with notice of the date of the
66election at which it will be submitted to the electors, shall be
67published in one newspaper of general circulation in each county
68in which a newspaper is published.
69     (e)  If the legislation proposed by initiative is approved
70by majority vote of the electors voting on the proposed
71legislation, it shall be effective on the first day of July
72following the next regular session of the legislature after the
73general election at which the legislative initiative was
74approved.
75
ARTICLE IV
76
EXECUTIVE
77     SECTION 10.  Attorney General.--The attorney general shall,
78as directed by general law, request the opinion of the justices
79of the supreme court as to the validity of any initiative
80petition proposing legislation circulated pursuant to Section 20
81of Article III or any initiative petition proposing to amend or
82revise this constitution circulated pursuant to Section 3 of
83Article XI. The justices shall, subject to their rules of
84procedure, permit interested persons to be heard on the
85questions presented and shall render their written opinion no
86later than April 1 of the year in which the initiative is to be
87submitted to the voters pursuant to Section 5 of Article XI.
88
ARTICLE XI
89
AMENDMENTS
90     SECTION 3.  Initiative.--
91     (a)  The power to propose the revision or amendment of any
92portion or portions of this constitution by initiative is
93reserved to the people, provided that, any such revision or
94amendment, except for those limiting the power of government to
95raise revenue, shall embrace but one subject and matter directly
96connected therewith. Any revision or amendment proposed by
97initiative shall:
98     (1)  Amend or repeal an existing section of this
99constitution on the same subject and matter;
100     (2)  Address a basic or fundamental right of a citizen of
101this state; or
102     (3)  Change the basic structure of state government as
103established in Article II, Article III, Article IV, or Article V
104of this constitution, except that no revision or amendment shall
105deprive the branches of government of any existing powers
106granted in these articles.
107     (b)  The initiative power It may be invoked by filing with
108the custodian of state records a petition containing a copy of
109the proposed revision or amendment, signed by a number of
110electors in each of one half of the congressional districts of
111the state, and of the state as a whole, equal to eight percent
112of the votes cast in each of such districts respectively and in
113the state as a whole in the last preceding election in which
114presidential electors were chosen.
115     SECTION 5.  Amendment or revision election.--
116     (a)  A proposed amendment to or revision of this
117constitution, or any part of it, shall be submitted to the
118electors at the next general election held more than ninety days
119after the joint resolution or report of revision commission,
120constitutional convention or taxation and budget reform
121commission proposing it is filed with the custodian of state
122records, unless, pursuant to law enacted by the affirmative vote
123of three-fourths of the membership of each house of the
124legislature and limited to a single amendment or revision, it is
125submitted at an earlier special election held more than ninety
126days after such filing.
127     (b)  A proposed amendment or revision of this constitution,
128or any part of it, by initiative shall be submitted to the
129electors at the general election provided the initiative
130petition is filed with the custodian of state records no later
131than February 1 of the year in which the general election is
132held.
133     (c)  The legislature shall provide by general law, prior to
134the holding of an election pursuant to this section, for the
135provision of a statement to the public regarding the probable
136financial impact of any amendment proposed by initiative
137pursuant to section 3.
138     (d)  Once in the tenth week, and once in the sixth week
139immediately preceding the week in which the election is held,
140the proposed amendment or revision, with notice of the date of
141election at which it will be submitted to the electors, shall be
142published in one newspaper of general circulation in each county
143in which a newspaper is published.
144     (e)  Unless otherwise specifically provided for elsewhere
145in this constitution, if the proposed amendment or revision is
146approved by vote of at least sixty percent of the electors
147voting on the measure, it shall be effective as an amendment to
148or revision of the constitution of the state on the first
149Tuesday after the first Monday in January following the
150election, or on such other date as may be specified in the
151amendment or revision.
152     BE IT FURTHER RESOLVED that the title and substance of the
153amendment proposed herein shall appear on the ballot as follows:
154
LEGISLATION BY INITIATIVE; INITIATIVE;
155
CONSTITUTIONAL AMENDMENTS OR REVISIONS
156     Proposes the creation of Section 20 of Article III and the
157amendment of Section 10 of Article IV and Section 5 of Article
158XI of the State Constitution to allow legislation to be proposed
159by initiative, unless it is special or local in nature, involves
160taxes or tax exemptions, appropriates state funds, requires
161counties or municipalities to spend funds or eliminates their
162ability to raise revenues or receive state tax revenue, provides
163exemption from public records or public meetings requirements,
164provides for the number or assignment of judges or the
165jurisdiction of courts, is constitutionally prohibited or
166requires passage by an extraordinary vote of the Legislature, or
167changes the boundaries of any municipality, county, or special,
168legislative, or congressional district; to prescribe standards
169for such initiatives and requirements to invoke and approve
170them; to prohibit gubernatorial veto and restrict the
171Legislature from amending or repealing such legislation in the
172first 2 years after taking effect, except by an extraordinary
173vote; to provide for Supreme Court review of initiative
174petitions proposing legislation; to require signatures for
175initiative petitions to amend or revise the State Constitution
176to be gathered in all, rather than one half, of the
177congressional districts and of the state as a whole; to allow
178repeal of amendments or revisions to the State Constitution
179adopted by initiative petition pursuant to the same requirements
180as those for adoption of the amendment or revision to be
181repealed; to provide that a constitutional revision or amendment
182proposed by initiative must amend or repeal an existing section
183of the State Constitution on the same subject and matter; must
184address a basic or fundamental right of a citizen of this state;
185or must change the basic structure of state government as
186established in Article II, Article III, Article IV, or Article V
187of the State Constitution, except that no revision or amendment
188may deprive the branches of government of any existing powers
189granted in these articles; and to require that any proposed
190amendment to or revision of the State Constitution, whether
191proposed by the Legislature, by initiative, or by any other
192method, must be approved by at least 60 percent of the voters
193voting on the measure, rather than by a simple majority.
194
195================= T I T L E  A M E N D M E N T =================
196     Remove the entire title and insert:
197
House Joint Resolution
198A joint resolution proposing the creation of Section 20 of
199Article III and the amendment of Section 10 of Article IV
200and Sections 3 and 5 of Article XI of the State
201Constitution to authorize the proposal of legislation by
202initiative, to provide for Supreme Court review of
203initiative petitions proposing legislation, to provide the
204permissible subject matter of revisions or amendments to
205the State Constitution proposed by initiative, and to
206require that any proposed amendment to or revision of the
207State Constitution be approved by at least 60 percent of
208the electors voting on the measure.


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