HJR 7143

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 12 of
3Article X of the State Constitution; revising rules of
4construction to be used when interpreting the extent of
5political power vested in the legislative branch to
6provide that the expression of one thing does not imply
7the exclusion of another, unless absolutely necessary to
8carry out the purpose of the constitutional provision, and
9to provide that a limitation shall not be implied based on
10the comprehensiveness of the constitutional provision.
11
12Be It Resolved by the Legislature of the State of Florida:
13
14     That the following amendment to Section 12 of Article X of
15the State Constitution is agreed to and shall be submitted to
16the electors of this state for approval or rejection at the next
17general election or at an earlier special election specifically
18authorized by law for that purpose:
19
ARTICLE X
20
MISCELLANEOUS
21     SECTION 12.  Rules of construction.--Unless qualified in
22the text the following rules of construction shall apply to this
23constitution.
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
28of those voting on the matter in an election, general or
29special, in which those participating are limited to the
30electors of the governmental unit referred to in the text.
31     (e)  Vote or other action of a legislative house or other
32governmental body means the vote or action of a majority or
33other specified percentage of those members voting on the
34matter. "Of the membership" means "of all members thereof."
35     (f)  The terms "judicial office," "justices" and "judges"
36shall not include judges of courts established solely for the
37trial of violations of ordinances.
38     (g)  "Special law" means a special or local law.
39     (h)  Titles and subtitles shall not be used in
40construction.
41     (i)  In interpreting the extent of political power vested
42in the legislative branch by the people:
43     (1)  The expression of one thing does not imply the
44exclusion of another, unless absolutely necessary to carry out
45the purpose of the constitutional provision.
46     (2)  A limitation shall not be implied based on the
47comprehensiveness of the constitutional provision.
48     BE IT FURTHER RESOLVED that the following statement be
49placed on the ballot:
50
CONSTITUTIONAL AMENDMENT
51
ARTICLE X, SECTION 12
52     RULES OF CONSTRUCTION.--Proposing an amendment to the State
53Constitution to revise the rules of construction to be used when
54interpreting the State Constitution. The revision provides that,
55when interpreting the extent of political power vested in the
56Legislature by the people, the expression of one thing does not
57imply the exclusion of another, unless absolutely necessary to
58carry out the purpose of the constitutional provision. After the
59revision takes effect, the general maxim "expressio unius est
60exclusio alterius," which stands for the proposition that the
61expression of one thing is the exclusion of another, could not
62be applied when interpreting the extent of political power
63vested in the Legislature by the people except when the
64exclusion is necessary to carry out the purpose of the
65constitutional provision. In addition, the revision provides
66that when interpreting the extent of political power vested in
67the Legislature by the people, a limitation shall not be implied
68based on the comprehensiveness of the constitutional provision.


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