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 absolutely necessary to |
8 | carry out the purpose of the constitutional provision, and |
9 | to provide that a limitation shall not be implied based on |
10 | the comprehensiveness of the constitutional provision. |
11 |
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12 | Be It Resolved by the Legislature of the State of Florida: |
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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: |
43 | (1) The expression of one thing does not imply the |
44 | exclusion of another, unless absolutely necessary to carry out |
45 | the purpose of the constitutional provision. |
46 | (2) A limitation shall not be implied based on the |
47 | comprehensiveness of the constitutional provision. |
48 | BE IT FURTHER RESOLVED that the following statement be |
49 | placed on the ballot: |
50 | CONSTITUTIONAL AMENDMENT |
51 | ARTICLE X, SECTION 12 |
52 | RULES OF CONSTRUCTION.--Proposing an amendment to the State |
53 | Constitution to revise the rules of construction to be used when |
54 | interpreting the State Constitution. The revision provides that, |
55 | when interpreting the extent of political power vested in the |
56 | Legislature by the people, the expression of one thing does not |
57 | imply the exclusion of another, unless absolutely necessary to |
58 | carry out the purpose of the constitutional provision. After the |
59 | revision takes effect, the general maxim "expressio unius est |
60 | exclusio alterius," which stands for the proposition that the |
61 | expression of one thing is the exclusion of another, could not |
62 | be applied when interpreting the extent of political power |
63 | vested in the Legislature by the people except when the |
64 | exclusion is necessary to carry out the purpose of the |
65 | constitutional provision. In addition, the revision provides |
66 | that when interpreting the extent of political power vested in |
67 | the Legislature by the people, a limitation shall not be implied |
68 | based on the comprehensiveness of the constitutional provision. |