Florida Senate - 2019                                   SJR 1398
       By Senator Torres
       15-00231-19                                           20191398__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         22 of Article III and an amendment to 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 is agreed to and shall be submitted to the electors
   14  of this state for approval or rejection at the next general
   15  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. This 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 which are applicable to laws
   37  enacted by the legislature with respect to single subject and
   38  prohibition of amendment by reference. Laws that are enacted by
   39  initiative are not 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
   44  after the effective date of such legislation or by a vote of
   45  three-fifths of the membership of each house of the legislature
   46  one year or more after the effective date of such legislation.
   47  The enacting clause of every law proposed by initiative must
   48  read: “Be It Enacted by the People of the State of Florida by
   49  Initiative:”.
   50         (d)Legislation proposed by initiative shall be submitted
   51  to the electors at the next general election held more than
   52  ninety days after the initiative petition is filed with the
   53  custodian of state records. The ballot must include a statement
   54  expressing the chief purpose of the proposed legislation, in
   55  clear and unambiguous language not exceeding 75 words in length,
   56  and a statement of the economic impact of the proposed
   57  legislation. If the legislation proposed by initiative is
   58  approved by a majority of the electors voting in that election,
   59  it shall be effective on the first day of July after the next
   60  regular session of the legislature.
   61         (e)The legislature shall establish by general law, by July
   62  1, 2021, procedures to be used in invoking and approving
   63  legislation proposed by initiative and for providing sufficient
   64  prior public notice.
   65                             ARTICLE IV                            
   66                              EXECUTIVE                            
   67         SECTION 10. Attorney General.—The attorney general shall,
   68  as directed by general law, request the opinion of the justices
   69  of the supreme court as to the validity of any initiative
   70  petition proposing legislation circulated pursuant to Section 22
   71  of Article III or any initiative petition circulated pursuant to
   72  Section 3 of Article XI. The justices shall, subject to their
   73  rules of procedure, permit interested persons to be heard on the
   74  questions presented and shall render their written opinion no
   75  later than April 1 of the year in which the initiative is to be
   76  submitted to the voters pursuant to Section 5 of Article XI.
   77         BE IT FURTHER RESOLVED that the following statement be
   78  placed on the ballot:
   79                      CONSTITUTIONAL AMENDMENT                     
   80                       ARTICLE III, SECTION 22                     
   81                       ARTICLE IV, SECTION 10                      
   82         LEGISLATION BY INITIATIVE.—Proposing an amendment to the
   83  State Constitution to allow the proposal of laws by initiative
   84  without legislative or gubernatorial approval; prescribe
   85  requirements for subject matter, proposal, and approval of such
   86  initiatives; require extraordinary vote of each house of
   87  Legislature to amend or repeal laws approved by voters; require
   88  Legislature to adopt procedures for initiatives; provide for
   89  Supreme Court review of initiative petitions; and require ballot
   90  statements for such initiatives to include statement of economic
   91  impact.