Florida Senate - 2012                                   SJR 1490
       
       
       
       By Senator Dockery
       
       
       
       
       15-01253A-12                                          20121490__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         28 of Article I and amendment of Section 9 of Article
    4         III of the State Constitution to authorize and
    5         establish requirements for a citizens’ veto referendum
    6         and revise the effective dates of laws to conform to
    7         the citizens’ veto referendum.
    8  
    9  Be It Resolved by the Legislature of the State of Florida:
   10  
   11         That the following creation of Section 28 of Article I and
   12  amendment of Section 9 of Article III of the State Constitution
   13  are agreed to and shall be submitted to the electors of this
   14  state for approval or rejection at the next general election or
   15  at an earlier special election specifically authorized by law
   16  for that purpose:
   17                              ARTICLE I                            
   18                        DECLARATION OF RIGHTS                      
   19         SECTION 28. Citizens’ veto referendum.—
   20         (a) The citizens’ veto is the right of the electors to
   21  reject a law or a portion of a law by referendum. The citizens’
   22  veto may not be applied to laws making appropriations for
   23  salaries of public officers and other current expenses of the
   24  state; special laws; or emergency laws necessary for the
   25  immediate preservation of the public peace, health, or safety.
   26  Any law that is considered an emergency measure must state in a
   27  separate section of the law why it is necessary that the law
   28  become immediately operative and must be enacted by a two-thirds
   29  vote of the membership of each house of the legislature.
   30         (b) A citizens’ veto referendum is initiated by submitting
   31  a written application containing the full text of the law or
   32  portion of the law to the custodian of state records within 10
   33  business days after adjournment sine die of the legislative
   34  session in which the law was enacted. The application must
   35  contain the names, addresses, and signatures of at least fifty
   36  registered electors as well as the name, address, and signature
   37  of the applicant, who shall be designated to receive any notices
   38  related to the processing of the application. The elector who
   39  submits the application must sign the application in the
   40  presence of the custodian of state records, his or her designee,
   41  or a notary public. When the application is filed with the
   42  custodian of state records and certified as valid, the effect of
   43  the law or portion of the law in question shall be suspended. If
   44  a petition is filed against a portion of a law, the remainder of
   45  the law is not suspended and shall take effect as provided in
   46  Section 9 of Article III or on a later date provided in the law.
   47  If it is later determined that the application is invalid, the
   48  law or portion of the law subject to the application may take
   49  effect immediately, if at least 10 business days have passed
   50  since adjournment sine die of the legislative session in which
   51  the law was enacted, or on a later date provided in the law.
   52         (c) After certification of the application, the custodian
   53  of state records shall prepare a petition containing a summary
   54  of the subject matter of the application for circulation by the
   55  sponsors. All petition signatures must be filed with the
   56  custodian of state records within 90 days after the petition is
   57  released by the custodian of state records for circulation by
   58  the sponsors. If signatures totaling 7.5 percent of the total
   59  number of votes cast in the most recent gubernatorial election
   60  are determined to be valid, the referendum shall be placed on
   61  the ballot by the custodian of state records for approval or
   62  rejection at the next general election. A “yes” vote is a vote
   63  to repeal the law or portion of the law and a “no” vote is a
   64  vote to affirm enactment of the law or portion of the law.
   65         (d) If a majority of the votes cast in the referendum favor
   66  rejection of the law or a portion of the law, the law or portion
   67  of the law is repealed upon certification of the results of the
   68  referendum. If a majority of the votes cast in the referendum
   69  oppose rejection of the law or a portion of the law, the law or
   70  portion of the law shall become effective upon certification of
   71  the results of the referendum or on a later date provided in the
   72  law.
   73                             ARTICLE III                           
   74                             LEGISLATURE                           
   75         SECTION 9. Effective date of laws.—Except as provided in
   76  Section 28 of Article I, a Each law may not shall take effect
   77  until 10 days on the sixtieth day after adjournment sine die of
   78  the legislative session of the legislature in which enacted or
   79  on a later date as otherwise provided in the law therein. If a
   80  the law is passed over the veto of the governor it shall take
   81  effect on the sixtieth day after adjournment sine die of the
   82  session in which the veto is overridden, on a later date fixed
   83  in the law, or on a date fixed by resolution passed by both
   84  houses of the legislature.
   85         BE IT FURTHER RESOLVED that the following statement be
   86  placed on the ballot:
   87                      CONSTITUTIONAL AMENDMENT                     
   88                        ARTICLE I, SECTION 28                      
   89                       ARTICLE III, SECTION 9                      
   90         CITIZENS’ VETO REFERENDUM.—The State Constitution does not
   91  currently provide a method for voters to veto or override a law
   92  passed by the Legislature. This amendment proposes a citizens’
   93  veto, which would allow the voters to reject a law or portion of
   94  a law by referendum. The citizens’ veto could not be applied to
   95  laws making appropriations for salaries of public officers and
   96  other current expenses of the state; special laws; or emergency
   97  laws necessary for the immediate preservation of the public
   98  peace, health, or safety.
   99         The process would begin when, within 10 business days after
  100  adjournment sine die of the legislative session in which the law
  101  was enacted, a written application containing the text of the
  102  law or portion of the law is submitted to the custodian of state
  103  records containing the names, addresses, and signatures of fifty
  104  registered electors as well as the name, address, and signature
  105  of the applicant. When the application is filed and certified
  106  with the custodian, the law in question is suspended. If it is
  107  later determined that the petition is not valid, the law would
  108  take effect immediately, if at least 10 business days have
  109  passed since the adjournment sine die of the legislative session
  110  in which the law was enacted, or on a later date provided in the
  111  law.
  112         After certification of the application, the custodian of
  113  state records would prepare a petition containing a summary of
  114  the subject matter of the application that would be circulated
  115  by the sponsors. The sponsors would then have 90 days from the
  116  time the petition is released by the custodian to gather
  117  signatures that equal 7.5 percent of the total number of votes
  118  cast in the most recent gubernatorial election in order to place
  119  the referendum on the ballot at the next general election. If a
  120  majority of the votes cast in the referendum favor rejection of
  121  the law or portion of the law, the law or portion of the law
  122  would be repealed upon certification of the results of the
  123  referendum. If a majority of votes cast in the referendum oppose
  124  rejection of the law or a portion of the law, the law or portion
  125  of the law would become effective upon certification of the
  126  results of the referendum or on a later date provided in the
  127  law.
  128         This amendment changes the effective date of laws currently
  129  provided in the State Constitution from the 60th day after
  130  adjournment sine die of the legislative session in which the law
  131  is enacted or as otherwise provided in the law to 10 days after
  132  adjournment sine die of the legislative session in which the law
  133  is enacted or on a later date provided in the law. It exempts
  134  from such effective date requirements laws that are not subject
  135  to a citizens’ veto.