| 1 | House Joint Resolution |
| 2 | A joint resolution proposing an amendment to Section 12 of |
| 3 | Article X of the State Constitution; revising rules of |
| 4 | construction to be used when interpreting the extent of |
| 5 | political power vested in the legislative branch to |
| 6 | provide that the expression of one thing does not imply |
| 7 | the exclusion of another, unless absolutely necessary to |
| 8 | carry out the purpose of the constitutional provision, and |
| 9 | to provide that a limitation shall not be implied based on |
| 10 | the comprehensiveness of the constitutional provision. |
| 11 |
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| 12 | Be It Resolved by the Legislature of the State of Florida: |
| 13 |
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| 14 | That the following amendment to Section 12 of Article X of |
| 15 | the State Constitution is agreed to and shall be submitted to |
| 16 | the electors of this state for approval or rejection at the next |
| 17 | general election or at an earlier special election specifically |
| 18 | authorized by law for that purpose: |
| 19 | ARTICLE X |
| 20 | MISCELLANEOUS |
| 21 | SECTION 12. Rules of construction.--Unless qualified in |
| 22 | the text the following rules of construction shall apply to this |
| 23 | constitution. |
| 24 | (a) "Herein" refers to the entire constitution. |
| 25 | (b) The singular includes the plural. |
| 26 | (c) The masculine includes the feminine. |
| 27 | (d) "Vote of the electors" means the vote of the majority |
| 28 | of those voting on the matter in an election, general or |
| 29 | special, in which those participating are limited to the |
| 30 | electors of the governmental unit referred to in the text. |
| 31 | (e) Vote or other action of a legislative house or other |
| 32 | governmental body means the vote or action of a majority or |
| 33 | other specified percentage of those members voting on the |
| 34 | matter. "Of the membership" means "of all members thereof." |
| 35 | (f) The terms "judicial office," "justices" and "judges" |
| 36 | shall not include judges of courts established solely for the |
| 37 | trial of violations of ordinances. |
| 38 | (g) "Special law" means a special or local law. |
| 39 | (h) Titles and subtitles shall not be used in |
| 40 | construction. |
| 41 | (i) In interpreting the extent of political power vested |
| 42 | in the legislative branch by the people: |
| 43 | (1) The expression of one thing does not imply the |
| 44 | exclusion of another, unless absolutely necessary to carry out |
| 45 | the purpose of the constitutional provision. |
| 46 | (2) A limitation shall not be implied based on the |
| 47 | comprehensiveness of the constitutional provision. |
| 48 | BE IT FURTHER RESOLVED that the following statement be |
| 49 | placed on the ballot: |
| 50 | CONSTITUTIONAL AMENDMENT |
| 51 | ARTICLE X, SECTION 12 |
| 52 | RULES OF CONSTRUCTION.--Proposing an amendment to the State |
| 53 | Constitution to revise the rules of construction to be used when |
| 54 | interpreting the State Constitution. The revision provides that, |
| 55 | when interpreting the extent of political power vested in the |
| 56 | Legislature by the people, the expression of one thing does not |
| 57 | imply the exclusion of another, unless absolutely necessary to |
| 58 | carry out the purpose of the constitutional provision. After the |
| 59 | revision takes effect, the general maxim "expressio unius est |
| 60 | exclusio alterius," which stands for the proposition that the |
| 61 | expression of one thing is the exclusion of another, could not |
| 62 | be applied when interpreting the extent of political power |
| 63 | vested in the Legislature by the people except when the |
| 64 | exclusion is necessary to carry out the purpose of the |
| 65 | constitutional provision. In addition, the revision provides |
| 66 | that when interpreting the extent of political power vested in |
| 67 | the Legislature by the people, a limitation shall not be implied |
| 68 | based on the comprehensiveness of the constitutional provision. |