Amendment
Bill No. 7037
Amendment No. 704239
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 line(s) 14-20 and insert:
5     That the following creation of Section 20 of Article III
6and the amendment of Section 10 of Article IV and Sections 3, 5,
7and 7 of Article XI of the State Constitution is agreed to and
8shall be submitted to the electors of this state for approval or
9rejection at the next general election or at an earlier special
10election specifically authorized by law for that purpose:
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
153== B A L L O T  S T A T E M E N T  A M E N D M E N T ==
154     Remove line(s) 76-80 and insert:
155
CONSTITUTIONAL AMENDMENT
156
ARTICLE III, SECTION 20
157
ARTICLE IV, SECTION 10
158
ARTICLE XI, SECTIONS 3, 5, and 7
159     LEGISLATION BY INITIATIVE; INITIATIVE; AMENDMENTS,
160REVISIONS; STATE TAX OR FEE INCREASE, SIGNIFICANT ADDITIONAL
161SPENDING RESULT.--Proposes amendment of the State Constitution
162to allow legislation to be proposed by initiative, unless it is
163special or local in nature, involves taxes or tax exemptions,
164appropriates state funds, requires counties or municipalities to
165spend funds or eliminates their ability to raise revenues or
166receive state tax revenue, provides exemption from public
167records or public meetings requirements, provides for the number
168or assignment of judges or the jurisdiction of courts, is
169constitutionally prohibited or requires passage by an
170extraordinary vote of the Legislature, or changes the boundaries
171of any municipality, county, or special, legislative, or
172congressional district; to prescribe standards for such
173initiatives and requirements to invoke and approve them; to
174prohibit gubernatorial veto and restrict the Legislature from
175amending or repealing such legislation in the first 2 years
176after taking effect, except by an extraordinary vote; to provide
177for Supreme Court review of initiative petitions proposing
178legislation; to require signatures for initiative petitions to
179amend or revise the State Constitution to be gathered in all,
180rather than one half, of the congressional districts and of the
181state as a whole; to allow repeal of amendments or revisions to
182the State Constitution adopted by initiative petition pursuant
183to the same requirements as those for adoption of the amendment
184or revision to be repealed; to provide that a constitutional
185revision or amendment proposed by initiative must amend or
186repeal an existing section of the State Constitution on the same
187subject and matter; must address a basic or fundamental right of
188a citizen of this state; or must change the basic structure of
189state government as established in Article II, Article III,
190Article IV, or Article V of the State Constitution, except that
191no revision or amendment may deprive the branches of government
192of any existing powers granted in these articles; and to require
193that any proposed amendment to or revision of the State
194Constitution, whether proposed by the Legislature, by
195initiative, or by any other method, must be approved by at least
19660 percent of the voters voting on the measure, rather than by a
197simple majority. Also proposes amendment of the State
198Constitution, in which a proposed
199
200======= T I T L E  A M E N D M E N T =======
201     Remove line(s) 2 and insert:
202A joint resolution proposing the creation of Section 20 of
203Article III and the amendment of Section 10 of Article IV and
204Sections 3 and 5 of Article XI of the State Constitution to
205authorize the proposal of legislation by initiative, to provide
206for Supreme Court review of initiative petitions proposing
207legislation, to provide the permissible subject matter of
208revisions or amendments to the State Constitution proposed by
209initiative, and to require that any proposed amendment to or
210revision of the State Constitution be approved by at least 60
211percent of the electors voting on the measure and proposing the
212amendment of Section 7 of


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