Bill Text: FL S0362 | 2019 | Regular Session | Introduced


Bill Title: Abolishing the Constitution Revision Commission

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-02-12 - On Committee agenda-- Governmental Oversight and Accountability, 02/19/19, 2:30 pm, 301 Senate Building [S0362 Detail]

Download: Florida-2019-S0362-Introduced.html
       Florida Senate - 2019                                    SJR 362
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00636-19                                            2019362__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Section 5
    3         of Article II and Section 5 of Article XI and the
    4         repeal of Section 2 of Article XI of the State
    5         Constitution to abolish the Constitution Revision
    6         Commission.
    7          
    8  Be It Resolved by the Legislature of the State of Florida:
    9  
   10         That the following amendments to Section 5 of Article II
   11  and Section 5 of Article XI and the repeal of Section 2 of
   12  Article XI of the State Constitution are agreed to and shall be
   13  submitted to the electors of this state for approval or
   14  rejection at the next general election or at an earlier special
   15  election specifically authorized by law for that purpose:
   16                             ARTICLE II                            
   17                         GENERAL PROVISIONS                        
   18         SECTION 5. Public officers.—
   19         (a) No person holding any office of emolument under any
   20  foreign government, or civil office of emolument under the
   21  United States or any other state, shall hold any office of honor
   22  or of emolument under the government of this state. No person
   23  shall hold at the same time more than one office under the
   24  government of the state and the counties and municipalities
   25  therein, except that a notary public or military officer may
   26  hold another office, and any officer may be a member of the a
   27  constitution revision commission, taxation and budget reform
   28  commission, a constitutional convention, or a statutory body
   29  having only advisory powers.
   30         (b) Each state and county officer, before entering upon the
   31  duties of the office, shall give bond as required by law, and
   32  shall swear or affirm:
   33  
   34         “I do solemnly swear (or affirm) that I will support,
   35  protect, and defend the Constitution and Government of the
   36  United States and of the State of Florida; that I am duly
   37  qualified to hold office under the Constitution of the state;
   38  and that I will well and faithfully perform the duties of
   39  ...(title of office)... on which I am now about to enter. So
   40  help me God.”,
   41  
   42  and thereafter shall devote personal attention to the duties of
   43  the office, and continue in office until a successor qualifies.
   44         (c) The powers, duties, compensation and method of payment
   45  of state and county officers shall be fixed by law.
   46                             ARTICLE XI                            
   47                             AMENDMENTS                            
   48         SECTION 5. Amendment or revision election.—
   49         (a) A proposed amendment to or revision of this
   50  constitution, or any part of it, shall be submitted to the
   51  electors at the next general election held more than ninety days
   52  after the joint resolution or report of a revision commission,
   53  constitutional convention or the taxation and budget reform
   54  commission proposing it is filed with the custodian of state
   55  records, unless, pursuant to law enacted by the affirmative vote
   56  of three-fourths of the membership of each house of the
   57  legislature and limited to a single amendment or revision, it is
   58  submitted at an earlier special election held more than ninety
   59  days after such filing.
   60         (b) A proposed amendment or revision of this constitution,
   61  or any part of it, by initiative shall be submitted to the
   62  electors at the general election provided the initiative
   63  petition is filed with the custodian of state records no later
   64  than February 1 of the year in which the general election is
   65  held.
   66         (c) The legislature shall provide by general law, prior to
   67  the holding of an election pursuant to this section, for the
   68  provision of a statement to the public regarding the probable
   69  financial impact of any amendment proposed by initiative
   70  pursuant to section 3.
   71         (d) Once in the tenth week, and once in the sixth week
   72  immediately preceding the week in which the election is held,
   73  the proposed amendment or revision, with notice of the date of
   74  election at which it will be submitted to the electors, shall be
   75  published in one newspaper of general circulation in each county
   76  in which a newspaper is published.
   77         (e) Unless otherwise specifically provided for elsewhere in
   78  this constitution, if the proposed amendment or revision is
   79  approved by vote of at least sixty percent of the electors
   80  voting on the measure, it shall be effective as an amendment to
   81  or revision of the constitution of the state on the first
   82  Tuesday after the first Monday in January following the
   83  election, or on such other date as may be specified in the
   84  amendment or revision.
   85         BE IT FURTHER RESOLVED that the following statement be
   86  placed on the ballot:
   87                      CONSTITUTIONAL AMENDMENT                     
   88                        ARTICLE II, SECTION 5                      
   89                    ARTICLE XI, SECTIONS 2 AND 5                   
   90         ABOLISHING THE CONSTITUTION REVISION COMMISSION.—Proposing
   91  an amendment to the State Constitution to abolish the
   92  Constitution Revision Commission, which meets at 20-year
   93  intervals and is scheduled to next convene in 2037, as a method
   94  of submitting proposed amendments or revisions to the State
   95  Constitution to electors of the state for approval. This
   96  amendment does not affect the ability to revise or amend the
   97  State Constitution through citizen initiative, constitutional
   98  convention, the Taxation and Budget Reform Commission, or
   99  legislative joint resolution.

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