Florida Senate - 2017 SJR 1332
By Senator Torres
15-01249-17 20171332__
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 of one-half of the congressional
25 districts of the state, and of the state as a whole, equal to
26 four percent of the votes cast in each such district,
27 respectively, and in the state as a whole in the previous
28 election in which presidential electors 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 four-fifths of the
43 membership of each house of the legislature within one year of
44 the effective date of such legislation or three-fifths of the
45 membership of each house of the legislature one year or later
46 after the effective date of such legislation. The enacting
47 clause of every law proposed by initiative shall read: “Be It
48 Enacted by the People of the State of Florida by Initiative:”.
49 (d) Legislation proposed by initiative shall be submitted
50 to the electors at the next general election held more than
51 ninety days after the initiative petition is filed with the
52 custodian of state records. The ballot must include a statement
53 expressing the chief purpose of the proposed legislation, in
54 clear and unambiguous language not exceeding 75 words in length,
55 and a statement of the economic impact of the proposed
56 legislation. If the legislation proposed by initiative is
57 approved by a majority of the electors voting in that election,
58 it shall be effective on the first day of July after the next
59 regular session of the legislature.
60 (e) The legislature shall establish by general law, by July
61 1, 2019, procedures to be used in invoking and approving
62 legislation proposed by initiative and for providing sufficient
63 prior public notice.
64 ARTICLE IV
65 EXECUTIVE
66 SECTION 10. Attorney General.—The attorney general shall,
67 as directed by general law, request the opinion of the justices
68 of the supreme court as to the validity of any initiative
69 petition proposing legislation circulated pursuant to Section 22
70 of Article III or any initiative petition circulated pursuant to
71 Section 3 of Article XI. The justices shall, subject to their
72 rules of procedure, permit interested persons to be heard on the
73 questions presented and shall render their written opinion no
74 later than April 1 of the year in which the initiative is to be
75 submitted to the voters pursuant to Section 5 of Article XI.
76 BE IT FURTHER RESOLVED that the following statement be
77 placed on the ballot:
78 CONSTITUTIONAL AMENDMENT
79 ARTICLE III, SECTION 22
80 ARTICLE IV, SECTION 10
81 LEGISLATION BY INITIATIVE.—Proposing amendment to the State
82 Constitution to allow the proposal of laws by initiative without
83 legislative or gubernatorial approval; prescribe requirements
84 for subject matter, proposal, and approval of such initiatives;
85 require extraordinary vote of each house of Legislature to amend
86 or repeal laws approved by voters; require Legislature to adopt
87 procedures for initiatives; provide for Supreme Court review of
88 initiative petitions; and require ballot statements for such
89 initiatives to include statement of economic impact.