Florida Senate - 2017                                   SJR 1332
       By Senator Torres
       15-01249-17                                           20171332__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         22 of Article III and the amendment of Section 10 of
    4         Article IV of the State Constitution to authorize the
    5         proposal and enactment of legislation by initiative
    6         and to provide for Supreme Court review of initiative
    7         petitions proposing legislation.
    9  Be It Resolved by the Legislature of the State of Florida:
   11         That the following creation of Section 22 of Article III
   12  and the amendment of Section 10 of Article IV of the State
   13  Constitution are agreed to and shall be submitted to the
   14  electors of this state for approval or rejection at the next
   15  general election or at an earlier special election specifically
   16  authorized by law for that purpose:
   17                             ARTICLE III                           
   18                             LEGISLATURE                           
   19         SECTION 22.Legislation by initiative.—
   20         (a)The power to propose legislation by initiative is
   21  reserved to the people. The power may be invoked by filing with
   22  the custodian of state records a petition that contains a copy
   23  of the proposed legislation, which petition is signed by a
   24  number of electors in each of one-half of the congressional
   25  districts of the state, and of the state as a whole, equal to
   26  four percent of the votes cast in each such district,
   27  respectively, and in the state as a whole in the previous
   28  election in which presidential electors were chosen.
   29         (b)Laws that provide for the number or assignment of
   30  judges or the jurisdiction of courts, laws that the legislature
   31  is prohibited from passing or must pass by an extraordinary
   32  vote, and laws that change the boundaries of any municipality,
   33  county, or special, legislative, or congressional district may
   34  not be proposed by initiative.
   35         (c)Legislation proposed by initiative must comply with the
   36  requirements of this constitution applicable to laws enacted by
   37  the legislature with respect to single subject and prohibition
   38  of amendment by reference. Laws that are enacted by initiative
   39  shall not be subject to the veto power of the governor.
   40  Notwithstanding section 7 of this article, the legislature may
   41  only amend or repeal legislation approved by vote of the
   42  electors under this section by a vote of four-fifths of the
   43  membership of each house of the legislature within one year of
   44  the effective date of such legislation or three-fifths of the
   45  membership of each house of the legislature one year or later
   46  after the effective date of such legislation. The enacting
   47  clause of every law proposed by initiative shall read: “Be It
   48  Enacted by the People of the State of Florida by Initiative:”.
   49         (d)Legislation proposed by initiative shall be submitted
   50  to the electors at the next general election held more than
   51  ninety days after the initiative petition is filed with the
   52  custodian of state records. The ballot must include a statement
   53  expressing the chief purpose of the proposed legislation, in
   54  clear and unambiguous language not exceeding 75 words in length,
   55  and a statement of the economic impact of the proposed
   56  legislation. If the legislation proposed by initiative is
   57  approved by a majority of the electors voting in that election,
   58  it shall be effective on the first day of July after the next
   59  regular session of the legislature.
   60         (e)The legislature shall establish by general law, by July
   61  1, 2019, procedures to be used in invoking and approving
   62  legislation proposed by initiative and for providing sufficient
   63  prior public notice.
   64                             ARTICLE IV                            
   65                              EXECUTIVE                            
   66         SECTION 10. Attorney General.—The attorney general shall,
   67  as directed by general law, request the opinion of the justices
   68  of the supreme court as to the validity of any initiative
   69  petition proposing legislation circulated pursuant to Section 22
   70  of Article III or any initiative petition circulated pursuant to
   71  Section 3 of Article XI. The justices shall, subject to their
   72  rules of procedure, permit interested persons to be heard on the
   73  questions presented and shall render their written opinion no
   74  later than April 1 of the year in which the initiative is to be
   75  submitted to the voters pursuant to Section 5 of Article XI.
   76         BE IT FURTHER RESOLVED that the following statement be
   77  placed on the ballot:
   78                      CONSTITUTIONAL AMENDMENT                     
   79                       ARTICLE III, SECTION 22                     
   80                       ARTICLE IV, SECTION 10                      
   81         LEGISLATION BY INITIATIVE.—Proposing amendment to the State
   82  Constitution to allow the proposal of laws by initiative without
   83  legislative or gubernatorial approval; prescribe requirements
   84  for subject matter, proposal, and approval of such initiatives;
   85  require extraordinary vote of each house of Legislature to amend
   86  or repeal laws approved by voters; require Legislature to adopt
   87  procedures for initiatives; provide for Supreme Court review of
   88  initiative petitions; and require ballot statements for such
   89  initiatives to include statement of economic impact.