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