Florida Senate - 2016 SJR 1404 By Senator Braynon 36-01143-16 20161404__ 1 Senate Joint Resolution 2 A joint resolution proposing the creation of Section 3 22 of Article III and the amendment of Section 10 of 4 Article IV of the State Constitution to authorize the 5 proposal and enactment of legislation by initiative 6 and to provide for Supreme Court review of initiative 7 petitions proposing legislation. 8 9 Be It Resolved by the Legislature of the State of Florida: 10 11 That the following creation of Section 22 of Article III 12 and the amendment of Section 10 of Article IV of the State 13 Constitution are agreed to and shall be submitted to the 14 electors of this state for approval or rejection at the next 15 general election or at an earlier special election specifically 16 authorized by law for that purpose: 17 ARTICLE III 18 LEGISLATURE 19 SECTION 22. Legislation by initiative.— 20 (a) The power to propose legislation by initiative is 21 reserved to the people. The power may be invoked by filing with 22 the custodian of state records a petition that contains a copy 23 of the proposed legislation, which petition is signed by a 24 number of electors in each congressional district of the state, 25 and of the state as a whole, equal to eight percent of the votes 26 cast in each such district, respectively, and in the state as a 27 whole in the previous election in which presidential electors 28 were chosen. 29 (b) Laws that provide for the number or assignment of 30 judges or the jurisdiction of courts, laws that the legislature 31 is prohibited from passing or must pass by an extraordinary 32 vote, and laws that change the boundaries of any municipality, 33 county, or special, legislative, or congressional district may 34 not be proposed by initiative. 35 (c) Legislation proposed by initiative must comply with the 36 requirements of this constitution applicable to laws enacted by 37 the legislature with respect to single subject and prohibition 38 of amendment by reference. Laws that are enacted by initiative 39 shall not be subject to the veto power of the governor. 40 Notwithstanding section 7 of this article, the legislature may 41 only amend or repeal legislation approved by vote of the 42 electors under this section by a vote of three-fifths of the 43 membership of each house of the legislature. The enacting clause 44 of every law proposed by initiative shall read: “Be It Enacted 45 by the People of the State of Florida by Initiative:”. 46 (d) Legislation proposed by initiative shall be submitted 47 to the electors at the next general election held more than 48 ninety days after the initiative petition is filed with the 49 custodian of state records. The ballot must include a statement 50 expressing the chief purpose of the proposed legislation, in 51 clear and unambiguous language not exceeding 75 words in length, 52 and a statement of the economic impact of the proposed 53 legislation. If the legislation proposed by initiative is 54 approved by the electors, it shall be effective on the first day 55 of July after the next regular session of the legislature. 56 (e) The legislature shall establish by general law, by July 57 1, 2017, procedures to be used in invoking and approving 58 legislation proposed by initiative and for providing sufficient 59 prior public notice. 60 ARTICLE IV 61 EXECUTIVE 62 SECTION 10. Attorney General.—The attorney general shall, 63 as directed by general law, request the opinion of the justices 64 of the supreme court as to the validity of any initiative 65 petition proposing legislation circulated pursuant to Section 22 66 of Article III or any initiative petition circulated pursuant to 67 Section 3 of Article XI. The justices shall, subject to their 68 rules of procedure, permit interested persons to be heard on the 69 questions presented and shall render their written opinion no 70 later than April 1 of the year in which the initiative is to be 71 submitted to the voters pursuant to Section 5 of Article XI. 72 BE IT FURTHER RESOLVED that the following statement be 73 placed on the ballot: 74 CONSTITUTIONAL AMENDMENT 75 ARTICLE III, SECTION 22 76 ARTICLE IV, SECTION 10 77 LEGISLATION BY INITIATIVE.—Proposing an amendment to the 78 State Constitution to allow the proposal of laws by initiative 79 without legislative or gubernatorial approval; prescribe 80 requirements for subject matter, proposal, and approval of such 81 initiatives; requires extraordinary vote of each house of 82 Legislature to amend or repeal laws approved by voters; requires 83 Legislature to adopt procedures for initiatives; provides for 84 Supreme Court review of initiative petitions; and requires 85 ballot statements for such initiatives to include statement of 86 economic impact.