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.