Senate Bill sb1172c2

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    Florida Senate - 2003        CS for CS for SJR 1172 & SJR 1672

    By the Committees on Judiciary; Ethics and Elections; and
    Senators Cowin and Posey




    308-2380-03

  1                 Senate Joint Resolution No. 1172

  2         A joint resolution proposing an amendment to

  3         Section 5 of Article XI of the State

  4         Constitution relating to the approval of

  5         constitutional amendments.

  6  

  7  Be It Resolved by the Legislature of the State of Florida:

  8  

  9         That the following amendment to Section 5 of Article XI

10  of the State Constitution is agreed to and shall be submitted

11  to the electors of this state for approval or rejection at the

12  next general election or at an earlier special election

13  specifically authorized by law for that purpose:

14                            ARTICLE XI

15                            AMENDMENTS

16         SECTION 5.  Amendment or revision election.--

17         (a)  A proposed amendment to or revision of this

18  constitution, or any part of it, shall be submitted to the

19  electors at the next general election held more than ninety

20  days after the joint resolution, initiative petition or report

21  of revision commission, constitutional convention or taxation

22  and budget reform commission proposing it is filed with the

23  custodian of state records, unless, pursuant to law enacted by

24  the affirmative vote of three-fourths of the membership of

25  each house of the legislature and limited to a single

26  amendment or revision, it is submitted at an earlier special

27  election held more than ninety days after such filing.

28         (b)  The legislature shall provide by general law,

29  prior to the holding of an election pursuant to this section,

30  for the provision of a statement to the public regarding the

31  

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    Florida Senate - 2003        CS for CS for SJR 1172 & SJR 1672
    308-2380-03




 1  probable financial impact of any amendment proposed by

 2  initiative pursuant to section 3.

 3         (c)  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         (d)  If the proposed amendment or revision is approved

10  by vote of the electors, it shall be effective as an amendment

11  to or revision of the constitution of the state on the first

12  Tuesday after the first Monday in January following the

13  election, or on such other date as may be specified in the

14  amendment or revision.

15         (e)  A proposed amendment to or revision of this

16  constitution shall not be approved for placement on the ballot

17  unless it is determined by the Florida Supreme Court that the

18  proposed amendment or revision either seeks to alter, amend,

19  or repeal an existing article or amendment to the

20  constitution, addresses a fundamental right of a citizen of

21  this state, or seeks to create, implement, or otherwise change

22  a basic structure of the state government.

23         BE IT FURTHER RESOLVED that the following amendment be

24  placed on the ballot:

25                     CONSTITUTIONAL AMENDMENT

26                      ARTICLE XI, SECTION 5

27         APPROVAL OF CONSTITUTIONAL AMENDMENTS.--Proposing an

28  amendment to the State Constitution to prohibit the placement

29  of a proposed constitutional amendment or revision on the

30  ballot if it does not alter, amend, or repeal an existing

31  article or amendment to the constitution, address a

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    Florida Senate - 2003        CS for CS for SJR 1172 & SJR 1672
    308-2380-03




 1  fundamental right of a citizen of this state, or seek to

 2  create, implement, or otherwise change a basic structure of

 3  state government, as determined by the Florida Supreme Court.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                     Senate Bill CS/SJR 1172

 7                                 

 8  Provides that the Supreme Court shall determine whether, for
    purposes of placement of on the ballot for consideration by
 9  the voters, a constitutional initiative is limited to seeking
    to alter, amend, or repeal an existing article or revision to
10  the constitution, addressing a fundamental right of a citizen
    of the state, or seeking to create, implement, or otherwise
11  change a basic structure of state government.

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