HB 7143

CS

CHAMBER ACTION

1	The Justice Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	House Joint Resolution
6	A joint resolution proposing an amendment to Section 12 of
7	Article X of the State Constitution; revising rules of
8	construction to be used when interpreting the extent of
9	political power vested in the legislative branch to
10	provide that the expression of one thing does not imply
11	the exclusion of another, unless the limitation is
12	necessary to carry out the purpose of the constitutional
13	provision, and to provide that a limitation shall not be
14	implied based on the comprehensiveness of the
15	constitutional provision.
16
17	Be It Resolved by the Legislature of the State of Florida:
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19	That the following amendment to Section 12 of Article X of
20	the State Constitution is agreed to and shall be submitted to
21	the electors of this state for approval or rejection at the next
22	general election or at an earlier special election specifically
23	authorized by law for that purpose:
24	ARTICLE X
25	MISCELLANEOUS
26	SECTION 12.  Rules of construction.--Unless qualified in
27	the text the following rules of construction shall apply to this
28	constitution.
29	(a)  "Herein" refers to the entire constitution.
30	(b)  The singular includes the plural.
31	(c)  The masculine includes the feminine.
32	(d)  "Vote of the electors" means the vote of the majority
33	of those voting on the matter in an election, general or
34	special, in which those participating are limited to the
35	electors of the governmental unit referred to in the text.
36	(e)  Vote or other action of a legislative house or other
37	governmental body means the vote or action of a majority or
38	other specified percentage of those members voting on the
39	matter. "Of the membership" means "of all members thereof."
40	(f)  The terms "judicial office," "justices" and "judges"
41	shall not include judges of courts established solely for the
42	trial of violations of ordinances.
43	(g)  "Special law" means a special or local law.
44	(h)  Titles and subtitles shall not be used in
45	construction.
46	(i)  In interpreting the extent of political power vested
47	in the legislative branch by the people:
48	(1)  The expression of one thing does not imply the
49	exclusion of another, unless the limitation is necessary to
50	carry out the purpose of the constitutional provision.
51	(2)  A limitation shall not be implied based on the
52	comprehensiveness of the constitutional provision.
53	BE IT FURTHER RESOLVED that the following statement be
54	placed on the ballot:
55	CONSTITUTIONAL AMENDMENT
56	ARTICLE X, SECTION 12
57	RULES OF CONSTRUCTION.--Proposing an amendment to the State
58	Constitution to revise the rules of construction to be used when
59	interpreting the State Constitution. The revision provides that,
60	when interpreting the extent of political power vested in the
61	Legislature by the people, the expression of one thing does not
62	imply the exclusion of another, unless the exclusion is
63	necessary to carry out the purpose of the constitutional
64	provision. After the revision takes effect, the general maxim
65	"expressio unius est exclusio alterius," which stands for the
66	proposition that the expression of one thing is the exclusion of
67	another, could not be applied when interpreting the extent of
68	political power vested in the Legislature by the people except
69	when the exclusion is necessary to carry out the purpose of the
70	constitutional provision. In addition, the revision provides
71	that when interpreting the extent of political power vested in
72	the Legislature by the people, a limitation shall not be implied
73	based on the comprehensiveness of the constitutional provision.

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