House Bill hb1131e2
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                                 CS/HJR 1131, Second Engrossed/ntc
  1                      House Joint Resolution
  2         A joint resolution proposing the creation of
  3         Section 20 of Article III and the amendment of
  4         Section 10 of Article IV and Sections 3 and 5
  5         of Article XI of the State Constitution to
  6         authorize the proposal of legislation by
  7         initiative, to revise or provide requirements
  8         for amending the State Constitution by
  9         initiative which relate to signatures, voter
10         approval, and economic impact, and to provide
11         for Supreme Court review of initiative
12         petitions proposing legislation.
13
14  Be It Resolved by the Legislature of the State of Florida:
15
16         That the creation of Section 20 of Article III and the
17  amendment of Section 10 of Article IV and Sections 3 and 5 of
18  Article XI of the State Constitution set forth below are
19  agreed to and shall be submitted to the electors of Florida
20  for approval or rejection at the general election to be held
21  in November 2002:
22                           ARTICLE III
23                           LEGISLATURE
24         SECTION 20.  Legislation by initiative.--
25         (a)  The power to propose legislation by initiative is
26  reserved to the people.  The power may be invoked by filing a
27  petition with the chief elections officer of the state that
28  contains a copy of the proposed legislation, which petition is
29  signed by a number of electors in each of the congressional
30  districts of the state, and of the state as a whole, equal to
31  four percent of the votes cast in each of such districts
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                                 CS/HJR 1131, Second Engrossed/ntc
  1  respectively and in the state as a whole in the last preceding
  2  election in which presidential electors were chosen.
  3         (b)  Special laws and general laws of local
  4  application; laws that impose, eliminate, increase, or grant
  5  exemption from taxes; laws that appropriate state funds; laws
  6  that have a significant fiscal impact on state or local
  7  government; laws that provide exemption from public records or
  8  public meetings requirements; laws that provide for the number
  9  or assignment of judges or the jurisdiction of courts; laws
10  that the legislature is prohibited from passing or must pass
11  by an extraordinary vote; and laws changing the boundaries of
12  any municipality, county, or special, legislative, or
13  congressional district may not be proposed by initiative.
14         (c)  Legislation proposed by initiative must comply
15  with the requirements of this constitution applicable to laws
16  enacted by the legislature with respect to single subject and
17  prohibition of amendment by reference.  Laws that are enacted
18  by initiative shall be subject to the powers of the governor
19  and the legislature granted by this constitution, as such
20  powers apply to any law or legislation; however,
21  notwithstanding section 7 of this article, the legislature may
22  amend or repeal legislation approved by vote of the electors
23  under this section only by a vote of three-fifths of the
24  membership of each house of the legislature. Laws that are
25  enacted by initiative shall expire two years after the date of
26  taking effect unless reenacted by the legislature at the
27  regular session immediately preceding the date of expiration.
28  The enacting clause of every law proposed by initiative shall
29  read: "Be It Enacted by the People of the State of Florida by
30  Initiative:".
31
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                                 CS/HJR 1131, Second Engrossed/ntc
  1         (d)  Legislation proposed by initiative shall be
  2  submitted to the electors at the next general election held
  3  more than ninety days after the initiative petition proposing
  4  it is filed with the custodian of state records.  The ballot
  5  must include a statement expressing the chief purpose of the
  6  proposed legislation, in clear and unambiguous language not
  7  exceeding 75 words in length, and a statement of the economic
  8  impact of the proposed legislation.  If the legislation
  9  proposed by initiative is approved by three-fifths of those
10  electors voting on the proposal, it shall be effective on the
11  first day of July following the next regular session of the
12  legislature held after the general election at which the
13  legislative initiative was approved.
14         (e)  The legislature shall establish by general law, no
15  later than July 1, 2003, procedures to be used in invoking and
16  approving legislation proposed by initiative and for providing
17  sufficient prior public notice.
18                            ARTICLE IV
19                            EXECUTIVE
20         SECTION 10.  Attorney General.--The attorney general
21  shall, as directed by general law, request the opinion of the
22  justices of the supreme court as to the validity of any
23  initiative petition proposing legislation circulated pursuant
24  to Section 20 of Article III or any initiative petition
25  proposing to amend or revise this constitution circulated
26  pursuant to Section 3 of Article XI.  The justices shall,
27  subject to their rules of procedure, permit interested persons
28  to be heard on the questions presented and shall render their
29  written opinion expeditiously.
30                            ARTICLE XI
31                            AMENDMENTS
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                                 CS/HJR 1131, Second Engrossed/ntc
  1         SECTION 3.  Initiative.--
  2         (a)  The power to propose the revision or amendment of
  3  any portion or portions of this constitution by initiative is
  4  reserved to the people, provided that, any such revision or
  5  amendment, except for those limiting the power of government
  6  to raise revenue, shall embrace but one subject and matter
  7  directly connected therewith.  It may be invoked by filing
  8  with the custodian of state records a petition containing a
  9  copy of the proposed revision or amendment, signed by a number
10  of electors in each of one half of the congressional districts
11  of the state, and of the state as a whole, equal to eight
12  percent of the votes cast in each of such districts
13  respectively and in the state as a whole in the last preceding
14  election in which presidential electors were chosen.
15         (b)  Notwithstanding subsection (a), any revision or
16  amendment of this constitution adopted by initiative petition
17  may be repealed by initiative petition limited to that purpose
18  only and subject to the same requirements for invoking and
19  voter approval as were applied to the petition proposing the
20  revision or amendment to be repealed.
21         SECTION 5.  Amendment or revision election.--
22         (a)  A proposed amendment to or revision of this
23  constitution, or any part of it, shall be submitted to the
24  electors at the next general election held more than ninety
25  days after the joint resolution, initiative petition or report
26  of revision commission, constitutional convention or taxation
27  and budget reform commission proposing it is filed with the
28  custodian of state records, unless, pursuant to law enacted by
29  the affirmative vote of three-fourths of the membership of
30  each house of the legislature and limited to a single
31
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                                 CS/HJR 1131, Second Engrossed/ntc
  1  amendment or revision, it is submitted at an earlier special
  2  election held more than ninety days after such filing.
  3         (b)  Once in the tenth week, and once in the sixth week
  4  immediately preceding the week in which the election is held,
  5  the proposed amendment or revision, with notice of the date of
  6  election at which it will be submitted to the electors, shall
  7  be published in one newspaper of general circulation in each
  8  county in which a newspaper is published.
  9         (c)(1)  If the proposed amendment or revision is
10  approved by vote of the electors, it shall be effective as an
11  amendment to or revision of the constitution of the state on
12  the first Tuesday after the first Monday in January following
13  the election, or on such other date as may be specified in the
14  amendment or revision.
15         (2)  Notwithstanding paragraph (1), if the amendment or
16  revision is proposed by initiative petition, it must be
17  approved by a vote of two-thirds of the electors voting on the
18  matter and, if approved, shall be effective in the same manner
19  as other amendments or revisions of the constitution of the
20  state become effective.
21         (d)  The ballot statement of an amendment or revision
22  proposed by initiative petition must include a brief statement
23  of the economic impact of the proposed amendment or revision.
24  The legislature shall establish by general law the required
25  content of the economic impact statement.
26         BE IT FURTHER RESOLVED that in accordance with the
27  requirements of section 101.161, Florida Statutes, the title
28  and substance of the amendments proposed herein shall appear
29  on the ballot as follows:
30             LEGISLATION BY INITIATIVE; AMENDMENT OR
31          REVISION OF STATE CONSTITUTION BY INITIATIVE;
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                                 CS/HJR 1131, Second Engrossed/ntc
  1                         PETITION REVIEW
  2         Allows legislation to be proposed by initiative, unless
  3  it is special or local in nature, involves taxes or tax
  4  exemptions, appropriates state funds, has a significant fiscal
  5  impact on state or local government, provides exemption from
  6  public records or public meetings requirements, provides for
  7  the number or assignment of judges or the jurisdiction of
  8  courts, is constitutionally prohibited or requires passage by
  9  an extraordinary vote of the Legislature, or changes the
10  boundaries of any municipality, county, or special,
11  legislative, or congressional district.  Prescribes standards
12  for such initiatives and requirements to invoke and approve
13  them.  Subjects such legislation to constitutional powers of
14  the Governor and Legislature with respect to laws or
15  legislation, except for an extraordinary vote to amend or
16  repeal, and to future expiration unless reenacted by the
17  Legislature.  Requires the Legislature to adopt procedures
18  governing initiatives proposing legislation.  Provides for
19  Supreme Court review of initiative petitions proposing
20  legislation.  Requires signatures for initiative petitions to
21  amend or revise the State Constitution to be gathered in all,
22  rather than one half, of the congressional districts and of
23  the state as a whole.  Increases the number of votes required
24  to approve amendments or revisions to the State Constitution
25  proposed by initiative petition, but allows repeal of
26  amendments or revisions to the State Constitution adopted by
27  initiative petition pursuant to the same requirements as those
28  for adoption of the amendment or revision to be repealed.
29  Requires the ballot statement of each initiative proposing
30  legislation or amendment or revision of the State Constitution
31  to include a statement of economic impact.
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