HJR 7143

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 12 of
3	Article X of the State Constitution; revising rules of
4	construction to be used when interpreting the extent of
5	political power vested in the legislative branch to
6	provide that the expression of one thing does not imply
7	the exclusion of another, unless the limitation is
8	absolutely necessary to carry out the purpose of the
9	constitutional provision and without regard to the
10	comprehensiveness of the constitutional provision.
11
12	Be It Resolved by the Legislature of the State of Florida:
13
14	That the following amendment to Section 12 of Article X of
15	the State Constitution is agreed to and shall be submitted to
16	the electors of this state for approval or rejection at the next
17	general election or at an earlier special election specifically
18	authorized by law for that purpose:
19	ARTICLE X
20	MISCELLANEOUS
21	SECTION 12.  Rules of construction.--Unless qualified in
22	the text the following rules of construction shall apply to this
23	constitution.
24	(a)  "Herein" refers to the entire constitution.
25	(b)  The singular includes the plural.
26	(c)  The masculine includes the feminine.
27	(d)  "Vote of the electors" means the vote of the majority
28	of those voting on the matter in an election, general or
29	special, in which those participating are limited to the
30	electors of the governmental unit referred to in the text.
31	(e)  Vote or other action of a legislative house or other
32	governmental body means the vote or action of a majority or
33	other specified percentage of those members voting on the
34	matter. "Of the membership" means "of all members thereof."
35	(f)  The terms "judicial office," "justices" and "judges"
36	shall not include judges of courts established solely for the
37	trial of violations of ordinances.
38	(g)  "Special law" means a special or local law.
39	(h)  Titles and subtitles shall not be used in
40	construction.
41	(i)  In interpreting the extent of political power vested
42	in the legislative branch by the people, the expression of one
43	thing does not imply the exclusion of another, unless the
44	limitation is absolutely necessary to carry out the purpose of
45	the constitutional provision and without regard to the
46	comprehensiveness of the constitutional provision.
47	BE IT FURTHER RESOLVED that the following statement be
48	placed on the ballot:
49	CONSTITUTIONAL AMENDMENT
50	ARTICLE X, SECTION 12
51	RULES OF CONSTRUCTION.--Proposing an amendment to the State
52	Constitution to revise the rules of construction to be used when
53	interpreting the State Constitution. The revision provides that,
54	when interpreting the extent of political power vested in the
55	Legislature by the people, the expression of one thing does not
56	imply the exclusion of another, unless the exclusion is
57	absolutely necessary to carry out the purpose of the
58	constitutional provision and without regard to the
59	comprehensiveness of the constitutional provision. This would
60	preclude application of the general maxim "expressio unius est
61	exclusio alterius," which stands for the proposition that the
62	expression of one thing is the exclusion of another, except when
63	the exclusion is absolutely necessary to carry out the purpose
64	of the constitutional provision and without regard to the
65	comprehensiveness of the constitutional provision.

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