Senate Bill sb1718

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    Florida Senate - 2004                                 SJR 1718

    By Senator Posey





    24-734-04

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing a revision of

  3         Article XI of the State Constitution relating

  4         to amendments to the State Constitution.

  5  

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

  7  

  8         That the following revision of Article XI of the State

  9  Constitution is agreed to and shall be submitted to the

10  electors of this state for approval or rejection at the next

11  general election or at an earlier special election

12  specifically authorized by law for that purpose:

13                            ARTICLE XI

14                            AMENDMENTS

15         SECTION 1.  Proposal by legislature.--

16         (a)  Amendment of a section or revision of one or more

17  articles, or the whole, of this constitution may be proposed

18  by joint resolution agreed to by three-fifths of the

19  membership of each house of the legislature. The full text of

20  the joint resolution and the vote of each member voting shall

21  be entered on the journal of each house. At least seven days

22  prior to the final vote in either house, the most recent

23  version of the text of the proposed amendment or revision

24  shall be referred to the attorney general who may render an

25  opinion in writing to the senate and the house of

26  representatives as to the effect of such amendment or revision

27  upon other provisions of this constitution and whether the

28  amendment or revision affects the basic structure of

29  government, its officers and agencies, their powers and

30  duties, and the people's constitutional rights.

31  

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    Florida Senate - 2004                                 SJR 1718
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 1         (b)  In the event that a court declares the text or

 2  ballot summary of an amendment or revision to this

 3  constitution proposed by joint resolution of the legislature

 4  to be unconstitutional, such decision shall be immediately

 5  reviewed by the supreme court. In the event the supreme court

 6  declares the text or ballot summary of an amendment or

 7  revision to this constitution proposed by joint resolution of

 8  the legislature to be unconstitutional, the supreme court

 9  shall remand the joint resolution to the legislature for the

10  appropriate change or changes to be made consistent with the

11  opinion of the court. The legislature may, by majority vote of

12  the membership of each house, amend and adopt the joint

13  resolution if then in session or, if not in session, at any

14  time prior to the adjournment sine die of the immediately

15  succeeding regular legislative session.

16         (c)  The full text of the joint resolution and the vote

17  of each member voting shall be entered on the journal of each

18  house.

19         (d)  The date of furnishing the final text to the

20  attorney general, and the date of receipt of the attorney

21  general's opinion thereon, if any, shall also be noted in the

22  journal of each house. The record in the journal of each house

23  shall constitute conclusive compliance with this provision.

24         (e)  Neither the failure of the attorney general to

25  render an opinion concerning a proposed amendment or revision

26  nor the attorney general's failure to do so in a timely

27  fashion shall affect the validity of such proposed amendment

28  or revision or legislative action thereon.

29         SECTION 2.  Revision commission.--

30         (a)  Within thirty days before the convening of the

31  2017 regular session of the legislature, and each twentieth

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    Florida Senate - 2004                                 SJR 1718
    24-734-04




 1  year thereafter, there shall be established a constitution

 2  revision commission composed of the following thirty-seven

 3  members:

 4         (1)  the attorney general of the state;

 5         (2)  fifteen members selected by the governor;

 6         (3)  nine members selected by the speaker of the house

 7  of representatives and nine members selected by the president

 8  of the senate; and

 9         (4)  three members selected by the chief justice of the

10  supreme court of Florida with the advice of the justices.

11         (b)  The governor shall designate one member of the

12  commission as its chair. Vacancies in the membership of the

13  commission shall be filled in the same manner as the original

14  appointments.

15         (c)  Each constitution revision commission shall

16  convene at the call of its chair, adopt its rules of

17  procedure, examine the constitution of the state, hold public

18  hearings, and, not later than one hundred eighty days prior to

19  the next general election, file with the custodian of state

20  records its proposal, if any, of a revision of this

21  constitution or any part of it.

22         SECTION 3.  Advisory initiative.--The power to advise

23  the legislature by initiative for the purpose of revising any

24  statute or statutes or portion or portions of this

25  constitution is reserved to the people, provided that any such

26  statutory change, revision, or amendment, as determined by the

27  committee of first referral, except for those limiting the

28  power of government to raise revenue, shall embrace but one

29  subject and matter directly connected therewith. It may be

30  invoked by filing with the custodian of state records a

31  petition containing a copy of the proposed revision or

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    Florida Senate - 2004                                 SJR 1718
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 1  amendment, signed by a number of electors in each of one half

 2  of the congressional districts of the state, and of the state

 3  as a whole, equal to eight percent of the votes cast in each

 4  of such districts respectively and in the state as a whole in

 5  the last preceding election in which presidential electors

 6  were chosen. Upon receipt of the properly invoked advisory

 7  initiative, the president of the senate and the speaker of the

 8  house of representatives shall refer the advisory initiative

 9  to the committee or committees of their respective chambers.

10  It shall then be the duty of the committee of first referral

11  to consider such advisory initiatives and if it determines

12  that such initiative should be implemented, the committee

13  shall determine whether the initiative requires a

14  constitutional revision. If the committee of first referral

15  determines that a constitutional amendment or revision is

16  required, the committee shall cause to be filed in its

17  respective house a joint resolution proposing such amendment

18  or revision and legislation reasonably necessary to implement

19  such initiative contingent on the amendment or revision being

20  adopted by the electors. If the committee of first referral

21  determines that a constitutional amendment or revision is not

22  required, the committee shall cause to be filed legislation

23  reasonably necessary to implement the initiative.

24  Initiative.--The power to propose the revision or amendment of

25  any portion or portions of this constitution by initiative is

26  reserved to the people, provided that, any such revision or

27  amendment, except for those limiting the power of government

28  to raise revenue, shall embrace but one subject and matter

29  directly connected therewith. It may be invoked by filing with

30  the custodian of state records a petition containing a copy of

31  the proposed revision or amendment, signed by a number of

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    Florida Senate - 2004                                 SJR 1718
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 1  electors in each of one half of the congressional districts of

 2  the state, and of the state as a whole, equal to eight percent

 3  of the votes cast in each of such districts respectively and

 4  in the state as a whole in the last preceding election in

 5  which presidential electors were chosen.

 6         SECTION 4.  Constitutional convention.--

 7         (a)  The legislature may, by joint resolution adopted

 8  by two-thirds of the membership of each house, call a

 9  convention to propose a general revision of, or specific

10  amendments to, this constitution, as the legislature in its

11  call may stipulate.

12         (b)(a)  The people may also power to call a convention

13  to consider a revision of the entire constitution, or specific

14  amendments thereto is reserved to the people. It may be

15  invoked by filing with the custodian of state records a

16  petition, containing a declaration that a constitutional

17  convention is desired, signed by a number of electors in each

18  of one half of the congressional districts of the state, and

19  of the state as a whole, equal to fifteen per cent of the

20  votes cast in each such district respectively and in the state

21  as a whole in the last preceding election of presidential

22  electors.

23         (c)  The legislature shall provide by law for the

24  election of delegates to a convention called pursuant to

25  subsection (a) or subsection (b), and for the date of

26  convening and the final adjournment date for such convention.

27         (d)(b)  At the next general election held more than

28  ninety days after the filing of such petition there shall be

29  submitted to the electors of the state the question: "Shall a

30  constitutional convention be held?" If a majority voting on

31  the question votes in the affirmative, at the next succeeding

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    Florida Senate - 2004                                 SJR 1718
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 1  general election there shall be elected from each

 2  representative district a member of a constitutional

 3  convention. On the twenty-first day following that election,

 4  the convention shall sit at the capital, elect officers, adopt

 5  rules of procedure, judge the election of its membership, and

 6  fix a time and place for its future meetings. Not later than

 7  ninety days before the next succeeding general election, the

 8  convention shall cause to be filed with the custodian of state

 9  records any revision of this constitution proposed by it.

10         SECTION 5.  Amendment or revision election.--

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

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

13  electors at the next general election held more than ninety

14  days after the joint resolution, initiative petition or report

15  of revision commission, constitutional convention, or taxation

16  and budget reform commission proposing it is filed with the

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

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

19  each house of the legislature and limited to a single

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

21  election held more than ninety days after such filing.

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

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

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

25  probable financial impact of any amendment proposed by

26  initiative pursuant to section 3.

27         (c)  Once in the tenth week, and once in the sixth week

28  immediately preceding the week in which the election is held,

29  the proposed amendment or revision, with notice of the date of

30  election at which it will be submitted to the electors, shall

31  

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    Florida Senate - 2004                                 SJR 1718
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 1  be published in one newspaper of general circulation in each

 2  county in which a newspaper is published.

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

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

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

 6  Tuesday after the first Monday in January following the

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

 8  amendment or revision.

 9         SECTION 6.  Taxation and budget reform commission.--

10         (a)  Beginning in 2007 and each twentieth year

11  thereafter, there shall be established a taxation and budget

12  reform commission composed of the following members:

13         (1)  eleven members selected by the governor, none of

14  whom shall be a member of the legislature at the time of

15  appointment.

16         (2)  seven members selected by the speaker of the house

17  of representatives and seven members selected by the president

18  of the senate, none of whom shall be a member of the

19  legislature at the time of appointment.

20         (3)  four non-voting ex officio members, all of whom

21  shall be members of the legislature at the time of

22  appointment. Two of these members, one of whom shall be a

23  member of the minority party in the house of representatives,

24  shall be selected by the speaker of the house of

25  representatives, and two of these members, one of whom shall

26  be a member of the minority party in the senate, shall be

27  selected by the president of the senate.

28         (b)  Vacancies in the membership of the commission

29  shall be filled in the same manner as the original

30  appointments.

31  

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    Florida Senate - 2004                                 SJR 1718
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 1         (c)  At its initial meeting, the members of the

 2  commission shall elect a member who is not a member of the

 3  legislature to serve as chair and the commission shall adopt

 4  its rules of procedure. Thereafter, the commission shall

 5  convene at the call of the chair. An affirmative vote of two

 6  thirds of the full commission shall be necessary for any

 7  revision of this constitution or any part of it to be proposed

 8  by the commission.

 9         (d)  The commission shall examine the state budgetary

10  process, the revenue needs and expenditure processes of the

11  state, the appropriateness of the tax structure of the state,

12  and governmental productivity and efficiency; review policy as

13  it relates to the ability of state and local government to tax

14  and adequately fund governmental operations and capital

15  facilities required to meet the state's needs during the next

16  twenty year period; determine methods favored by the citizens

17  of the state to fund the needs of the state, including

18  alternative methods for raising sufficient revenues for the

19  needs of the state; determine measures that could be

20  instituted to effectively gather funds from existing tax

21  sources; examine constitutional limitations on taxation and

22  expenditures at the state and local level; and review the

23  state's comprehensive planning, budgeting and needs assessment

24  processes to determine whether the resulting information

25  adequately supports a strategic decisionmaking process.

26         (e)  The commission shall hold public hearings as it

27  deems necessary to carry out its responsibilities under this

28  section. The commission shall issue a report of the results of

29  the review carried out, and propose to the legislature any

30  recommended statutory changes related to the taxation or

31  budgetary laws of the state. Not later than one hundred eighty

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    Florida Senate - 2004                                 SJR 1718
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 1  days prior to the general election in the second year

 2  following the year in which the commission is established, the

 3  commission shall file with the custodian of state records its

 4  proposal, if any, of a revision of this constitution or any

 5  part of it dealing with taxation or the state budgetary

 6  process.

 7         SECTION 7.  Tax or fee limitation.--Notwithstanding

 8  Article X, Section 12(d) of this constitution, no new State

 9  tax or fee shall be imposed on or after November 8, 1994 by

10  any amendment to this constitution unless the proposed

11  amendment is approved by not fewer than two-thirds of the

12  voters voting in the election in which such proposed amendment

13  is considered. For purposes of this section, the phrase "new

14  State tax or fee" shall mean any tax or fee which would

15  produce revenue subject to lump sum or other appropriation by

16  the Legislature, either for the State general revenue fund or

17  any trust fund, which tax or fee is not in effect on November

18  7, 1994 including without limitation such taxes and fees as

19  are the subject of proposed constitutional amendments

20  appearing on the ballot on November 8, 1994. This section

21  shall apply to proposed constitutional amendments relating to

22  State taxes or fees which appear on the November 8, 1994

23  ballot, or later ballots, and any such proposed amendment

24  which fails to gain the two-thirds vote required hereby shall

25  be null, void and without effect.

26         BE IT FURTHER RESOLVED that the following statement be

27  placed on the ballot:

28         AMENDING THE STATE CONSTITUTION.--Proposes a revision

29  of Article XI of the State Constitution to require submissions

30  of constitutional amendments proposed by the Legislature to

31  the Attorney General at least 7 days prior to final vote by

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    Florida Senate - 2004                                 SJR 1718
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 1  the Legislature; provides that compliance with this

 2  requirement shall be established by the journals of each house

 3  of the Legislature; permits the Attorney General to render an

 4  opinion in writing to the Legislature as to the effect of such

 5  amendment or revision upon other provisions of the

 6  Constitution and whether the amendment or revision affects the

 7  basic structure of government, its officers and agencies,

 8  their powers and duties, and the people's constitutional

 9  rights; requires review by the Supreme Court of lower court

10  decisions declaring a legislatively proposed constitutional

11  amendment to be unconstitutional; allows the Legislature to

12  develop by majority vote language consistent with the opinion

13  of the Florida Supreme Court if the Florida Supreme Court

14  rejects particular language of the joint resolution proposing

15  the original constitutional amendment; eliminates the ability

16  to amend the State Constitution through the initiative

17  process; allows the ability for the people to propose

18  statutory or constitutional revisions to the Legislature for

19  its consideration through advisory initiatives proposed by a

20  signature process; authorizes the public to convene a

21  constitutional convention on specific amendments to the

22  Constitution; permits the Legislature by a 2/3 vote of the

23  membership of each house to convene a constitutional

24  convention and to limit the subject matter thereof; and

25  requires the Legislature to provide by law for the election of

26  delegates, the convening, and final adjournment date of

27  constitutional conventions called by the people or the

28  Legislature.

29  

30  

31  

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