Amendment
Bill No. 2396
Amendment No. 489649
CHAMBER ACTION
Senate House
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1Representative Ryan offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the resolving clause and insert:
5     That the amendments to Sections 3 and 5 of Article XI of
6the State Constitution set forth below are agreed to and shall
7be submitted to the electors of Florida for approval or
8rejection at the general election to be held in November 2004:
9
ARTICLE XI
10
AMENDMENTS
11     SECTION 3.  Initiative.--
12     (a)  The power to propose the revision or amendment of any
13portion or portions of this constitution or to propose
14legislation by initiative is reserved to the people, provided
15that, any such revision or amendment or legislation, except for
16those limiting the power of government to raise revenue, shall
17embrace but one subject and matter directly connected therewith.
18Each amendment or revision of any portion or portions of this
19constitution must also:
20     (1)  Seek to alter, amend, or repeal an existing article of
21or amendment to this constitution;
22     (2)  Address a basic right of a citizen of this state; or
23     (3)  Change the basic structure of state government as
24established in Article II, Article III, Article IV, or Article
25V.
26     (b)  The power to propose the revision or amendment of this
27constitution by initiative It may be invoked by filing with the
28custodian of state records a petition containing a copy of the
29proposed revision or amendment, signed by a number of electors
30in each of one half of the congressional districts of the state,
31and of the state as a whole, equal to eight percent of the votes
32cast in each of such districts respectively and in the state as
33a whole in the last preceding election in which presidential
34electors were chosen.
35     (c)  The power to propose legislation by initiative may be
36invoked by filing with the custodian of state records a petition
37containing a copy of the proposed legislation, signed by a
38number of electors in each of one half of the congressional
39districts of the state, and of the state as a whole, equal to
40four percent of the votes cast in each of such districts
41respectively and in the state as a whole in the last preceding
42election in which presidential electors were chosen.
43     SECTION 5.  Amendment or revision election.--
44     (a)  A proposed amendment to or revision of this
45constitution, or any part of it, or any legislation proposed by
46initiative shall be submitted to the electors at the next
47general election held more than ninety days after the joint
48resolution, initiative petition or report of revision
49commission, constitutional convention or taxation and budget
50reform commission proposing it is filed with the custodian of
51state records, unless, pursuant to law enacted by the
52affirmative vote of three-fourths of the membership of each
53house of the legislature and limited to a single amendment or
54revision, it is submitted at an earlier special election held
55more than ninety days after such filing.
56     (b)  The legislature shall provide by general law, prior to
57the holding of an election pursuant to this section, for the
58provision of a statement to the public regarding the probable
59financial impact of any amendment or legislation proposed by
60initiative pursuant to section 3.
61     (c)  Once in the tenth week, and once in the sixth week
62immediately preceding the week in which the election is held,
63the proposed amendment or revision or the proposed legislation,
64with notice of the date of election at which it will be
65submitted to the electors, shall be published in one newspaper
66of general circulation in each county in which a newspaper is
67published.
68     (d)  If the proposed amendment or revision or the proposed
69legislation is approved by vote of the electors, it shall be
70effective as an amendment to or revision of the constitution of
71the state or as part of the Florida Statutes on the first
72Tuesday after the first Monday in January following the
73election, or on such other date as may be specified in the
74amendment or revision or legislation.
75     (e)  Legislation approved by the voters under this section
76may not be amended or repealed by the legislature or vetoed by
77the governor for one year after it goes into effect.
78     BE IT FURTHER RESOLVED that the title and substance of the
79amendment proposed herein shall appear on the ballot as follows:
80
PROPOSAL OF LEGISLATION BY INITIATIVE; LIMITATION ON
81
TYPES OF CONSTITUTIONAL AMENDMENTS BY INITIATIVE
82     Proposes amendments to Sections 3 and 5 of Article XI of
83the State Constitution to provide a right of the people to
84propose legislation by initiative; provides for invoking such
85power by filing with the custodian of state records a petition
86containing a copy of the proposed legislation, signed by a
87number of electors in each of one-half of the congressional
88districts of the state, and of the state as a whole, equal to
89four percent of the votes cast in each of such districts
90respectively and in the state as a whole in the last preceding
91election in which presidential electors were chosen; provides
92for submission of such proposal to the electors at the next
93general election held more than 90 days after the initiative
94petition proposing it is filed with the custodian of state
95records; requires a financial impact statement; requires
96publication in the tenth and sixth weeks immediately preceding
97the week in which the election is held; provides for taking
98effect on the first Tuesday after the first Monday in January
99following the election or on such other date as may be specified
100therein; and prohibits the Legislature from amending or
101repealing and the Governor from vetoing it for 1 year after it
102goes into effect. Also provides that a constitutional amendment
103or revision proposed by citizen initiative must alter, amend, or
104repeal an existing article or amendment to the State
105Constitution; address a basic right of a citizen of this state;
106or change the basic structure of state government as established
107in Article II, Article III, Article IV, or Article V.
108
109================= T I T L E  A M E N D M E N T =================
110     Remove the entire title and insert:
111
Senate Joint Resolution No. 2396
112A joint resolution proposing amendments to Sections 3 and
1135 of Article XI of the State Constitution to provide the
114people the right to propose legislation by initiative and
115to limit the type of amendment or revision of the
116constitution which may be proposed by citizen initiative.


CODING: Words stricken are deletions; words underlined are additions.