| 1 | Representative(s) Gannon offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the resolving clause and insert: |
| 5 | That the amendments to Sections 3, 5, and 7 of Article XI |
| 6 | of the State Constitution set forth below are agreed to and |
| 7 | shall be submitted to the electors of Florida for approval or |
| 8 | rejection at the general election to be held in November 2006: |
| 9 | ARTICLE XI |
| 10 | AMENDMENTS |
| 11 | SECTION 3. Initiative.-- |
| 12 | (a) The power to propose the revision or amendment of any |
| 13 | portion or portions of this constitution or to propose |
| 14 | legislation by initiative is reserved to the people, provided |
| 15 | that, any such revision or amendment or legislation, except for |
| 16 | those limiting the power of government to raise revenue, shall |
| 17 | embrace but one subject and matter directly connected therewith. |
| 18 | Any revision or amendment to this constitution proposed by |
| 19 | initiative shall: |
| 20 | (1) Amend or repeal an existing section of this |
| 21 | constitution on the same subject and matter; |
| 22 | (2) Address a basic or fundamental right of a citizen of |
| 23 | this state; or |
| 24 | (3) Change the basic structure of state government as |
| 25 | established in Article II, Article III, Article IV, or Article V |
| 26 | of this constitution, except that no revision or amendment shall |
| 27 | deprive the branches of government of any existing powers |
| 28 | granted in these articles. |
| 29 | (b) The power to propose an amendment or revision to this |
| 30 | constitution by initiative It may be invoked by filing with the |
| 31 | custodian of state records a petition containing a copy of the |
| 32 | proposed revision or amendment, signed by a number of electors |
| 33 | in each of one half of the congressional districts of the state, |
| 34 | and of the state as a whole, equal to eight percent of the votes |
| 35 | cast in each of such districts respectively and in the state as |
| 36 | a whole in the last preceding election in which presidential |
| 37 | electors were chosen. |
| 38 | (c) The power to propose legislation by initiative may be |
| 39 | invoked by filing with the custodian of state records a petition |
| 40 | containing a copy of the proposed legislation, signed by a |
| 41 | number of electors in each of one half of the congressional |
| 42 | districts of the state, and of the state as a whole, equal to |
| 43 | four percent of the votes cast in each of such districts |
| 44 | respectively and in the state as a whole in the last preceding |
| 45 | election in which presidential electors were chosen. The vote |
| 46 | required for passage of legislation proposed by initiative is a |
| 47 | simple majority of the votes cast on the initiative. |
| 48 | (d) Once ten percent of the number of signatures required |
| 49 | to place an amendment or revision to this constitution on the |
| 50 | ballot have been verified, the Attorney General shall, in |
| 51 | conjunction with the request for review of the validity of the |
| 52 | ballot language and compliance with single subject requirements |
| 53 | and as directed by general law, request the opinion of the |
| 54 | justices of the supreme court as to whether the proposed |
| 55 | amendment or revision contains subject matter that is |
| 56 | permissible for such an amendment or revision. The justices |
| 57 | shall, subject to their rules of procedure, permit interested |
| 58 | persons to be heard on the questions presented and shall render |
| 59 | their written opinion expeditiously. |
| 60 | SECTION 5. Amendment or revision or proposed legislation |
| 61 | election.-- |
| 62 | (a) A proposed amendment to or revision of this |
| 63 | constitution, or any part of it, or any legislation proposed by |
| 64 | initiative shall be submitted to the electors at the next |
| 65 | general election held more than ninety days after the joint |
| 66 | resolution or report of revision commission, constitutional |
| 67 | convention or taxation and budget reform commission proposing it |
| 68 | is filed with the custodian of state records, unless, pursuant |
| 69 | to law enacted by the affirmative vote of three-fourths of the |
| 70 | membership of each house of the legislature and limited to a |
| 71 | single amendment or revision, it is submitted at an earlier |
| 72 | special election held more than ninety days after such filing. |
| 73 | (b) A proposed amendment or revision of this constitution, |
| 74 | or any part of it, or proposed legislation by initiative shall |
| 75 | be submitted to the electors at the general election provided |
| 76 | the initiative petition is filed with the custodian of state |
| 77 | records no later than February 1 of the year in which the |
| 78 | general election is held. |
| 79 | (c) The legislature shall provide by general law, prior to |
| 80 | the holding of an election pursuant to this section, for the |
| 81 | provision of a statement to the public regarding the probable |
| 82 | financial impact of any amendment or legislation proposed by |
| 83 | initiative pursuant to section 3. |
| 84 | (d) Once in the tenth week, and once in the sixth week |
| 85 | immediately preceding the week in which the election is held, |
| 86 | the proposed amendment or revision or the proposed legislation, |
| 87 | with notice of the date of election at which it will be |
| 88 | submitted to the electors, shall be published in one newspaper |
| 89 | of general circulation in each county in which a newspaper is |
| 90 | published. |
| 91 | (e) Unless otherwise specifically provided for elsewhere |
| 92 | in this constitution, if the proposed amendment or revision is |
| 93 | approved by vote of at least sixty percent of the electors |
| 94 | voting on the measure, it shall be effective as an amendment to |
| 95 | or revision of the constitution of the state on the first |
| 96 | Tuesday after the first Monday in January following the |
| 97 | election, or on such other date as may be specified in the |
| 98 | amendment or revision. |
| 99 | (f) For the first three years following the effective date |
| 100 | of legislation approved by the voters under this section, |
| 101 | legislation passed by initiative may be amended or repealed by |
| 102 | two-thirds vote of the membership of each house of the |
| 103 | legislature. |
| 104 | SECTION 7. Tax, or fee, or significant fiscal impact |
| 105 | limitation.--Notwithstanding Article X, Section 12(d) of this |
| 106 | constitution: |
| 107 | (a) Any amendment or revision to this constitution that |
| 108 | imposes or authorizes the imposition of a, no new State tax or |
| 109 | fee or increases or authorizes an increase in an existing tax or |
| 110 | fee shall become effective only if be imposed on or after |
| 111 | November 8, 1994 by any amendment to this constitution unless |
| 112 | the proposed amendment or revision is approved by not fewer than |
| 113 | two-thirds of the voters voting in the election in which such |
| 114 | proposed amendment or revision is considered. This subsection |
| 115 | shall apply to the imposition or authorization of an existing |
| 116 | tax or fee that is not currently being collected, to an increase |
| 117 | in the rate of an existing tax or fee, and to the modification |
| 118 | of an exemption, exclusion, deduction, credit, or other |
| 119 | mechanism which currently eliminates or reduces the liability of |
| 120 | a person or entity for an existing tax or fee. For purposes of |
| 121 | this section, the phrase "new State tax or fee" means shall mean |
| 122 | any tax or fee which would produce revenue subject to lump sum |
| 123 | or other appropriation by the Legislature, either for the State |
| 124 | general revenue fund or any trust fund, which tax or fee is not |
| 125 | in effect on November 7, 1994, including without limitation such |
| 126 | taxes and fees as are the subject of proposed constitutional |
| 127 | amendments appearing on the ballot on November 8, 1994. The |
| 128 | phrase "new tax or fee" also means any tax or fee which would |
| 129 | produce revenue for a county, school district, municipality, or |
| 130 | special district. This section shall apply to proposed |
| 131 | constitutional amendments relating to State taxes or fees which |
| 132 | appear on the November 8, 1994 ballot, or later ballots, and Any |
| 133 | such proposed amendment or revision which fails to gain the two- |
| 134 | thirds vote required hereby shall be null, void, and without |
| 135 | effect. |
| 136 | (b) Any amendment or revision to this constitution that |
| 137 | imposes a significant fiscal impact on the state, counties, |
| 138 | school districts, municipalities, or special districts shall |
| 139 | become effective only if the proposed amendment or revision is |
| 140 | approved by not fewer than two-thirds of the voters voting in |
| 141 | the election in which such proposed amendment or revision is |
| 142 | considered. For purposes of this section, the phrase |
| 143 | "significant fiscal impact" means having a collective annual |
| 144 | fiscal impact in an amount greater than one-tenth of one percent |
| 145 | of the total state budget for the state fiscal year ending in |
| 146 | the year prior to the election in which such proposed amendment |
| 147 | or revision is considered. The dollar amount for the |
| 148 | determination of a significant fiscal impact shall be certified |
| 149 | pursuant to the process established in general law. Any such |
| 150 | proposed amendment or revision which fails to gain the two- |
| 151 | thirds vote required hereby shall be null, void, and without |
| 152 | effect. |
| 153 | BE IT FURTHER RESOLVED that the title and substance of the |
| 154 | amendment proposed herein shall appear on the ballot as follows: |
| 155 | CONSTITUTIONAL REVISIONS, AMENDMENTS, |
| 156 | OR LEGISLATION PROPOSED BY INITIATIVE |
| 157 | Proposes an amendment to Section 3 of Article XI of the |
| 158 | State Constitution to provide that a constitutional revision or |
| 159 | amendment proposed by initiative must amend or repeal an |
| 160 | existing section of the State Constitution on the same subject |
| 161 | and matter; must address a basic or fundamental right of a |
| 162 | citizen of this state; or must change the basic structure of |
| 163 | state government as established in Article II, Article III, |
| 164 | Article IV, or Article V of the State Constitution, except that |
| 165 | no revision or amendment may deprive the branches of government |
| 166 | of any existing powers granted in these articles; to provide the |
| 167 | people the power to propose legislation by initiative; to |
| 168 | require the signatures of four percent of the number of electors |
| 169 | in each of one-half of the congressional districts of the state |
| 170 | for placement of proposed legislation on the ballot; to require |
| 171 | a simple majority of the votes cast on legislation; to require |
| 172 | the Attorney General to request the opinion of the Supreme Court |
| 173 | on whether a proposed amendment or revision to the constitution |
| 174 | contains permissible subject matter. Proposes an amendment to |
| 175 | Section 5 of Article XI of the State Constitution to require |
| 176 | that any proposed amendment to or revision of the State |
| 177 | Constitution, whether proposed by the Legislature, by |
| 178 | initiative, or by any other method, must be approved by at least |
| 179 | 60 percent of the voters of the state voting on the measure, |
| 180 | rather than by a simple majority; to provide proposal and |
| 181 | passage procedure requirements of legislation proposed by |
| 182 | initiative to be similar to procedure requirements of proposed |
| 183 | amendments or revisions to the constitution; to require at least |
| 184 | a two-thirds vote of each house of the Legislature to amend or |
| 185 | repeal legislation passed by initiative. Proposes an amendment |
| 186 | to Section 7 of Article XI of the State Constitution to require |
| 187 | approval by at least two-thirds of the voters of any proposed |
| 188 | amendment or revision to the State Constitution imposing or |
| 189 | authorizing imposition of any new tax or fee, increasing or |
| 190 | authorizing an increase in any existing tax or fee, or imposing |
| 191 | a significant fiscal impact on the state, counties, school |
| 192 | districts, municipalities, or special districts; to delete a |
| 193 | provision limiting application of such voting requirement to |
| 194 | only state taxes or fees; to expand the definition of the term |
| 195 | "new tax or fee" to include revenue-producing exactions for |
| 196 | counties, municipalities, school districts, and special |
| 197 | districts; and to define the term "significant fiscal impact" to |
| 198 | mean having a collective annual fiscal impact in an amount |
| 199 | greater than one-tenth of one percent of the total state budget |
| 200 | for the state fiscal year ending in the year prior to the |
| 201 | general election in which such proposed amendment or revision is |
| 202 | considered. |
| 203 |
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| 204 |
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| 205 | ================= T I T L E A M E N D M E N T ================= |
| 206 | Remove the entire title and insert: |
| 207 | House Joint Resolution |
| 208 | A joint resolution proposing amendments to Sections 3, 5, |
| 209 | and 7 of Article XI of the State Constitution to provide |
| 210 | the permissible subject matter of revisions or amendments |
| 211 | to the State Constitution proposed by initiative; to |
| 212 | provide the power to propose legislation by initiative and |
| 213 | requirements to propose legislation by initiative; to |
| 214 | require that any proposed amendment to or revision of the |
| 215 | State Constitution be approved by at least 60 percent of |
| 216 | the electors voting on the measure; to require approval by |
| 217 | at least two-thirds of the voters of any proposed |
| 218 | amendment or revision to the State Constitution imposing |
| 219 | or authorizing imposition of any new tax or fee, |
| 220 | increasing or authorizing an increase in any existing tax |
| 221 | or fee, or imposing a significant fiscal impact on the |
| 222 | state, counties, school districts, municipalities, or |
| 223 | special districts, and to delete a provision limiting such |
| 224 | voting requirement to only new state taxes or fees. |