Bill Text: FL S1288 | 2015 | Regular Session | Introduced

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Bill Title: Legislation by Initiative

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-05-01 - Died in Judiciary [S1288 Detail]

Download: Florida-2015-S1288-Introduced.html

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       Florida Senate - 2015                                   SJR 1288
       
       
        
       By Senator Braynon
       
       
       
       
       
       36-01103-15                                           20151288__
    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.
    8          
    9  Be It Resolved by the Legislature of the State of Florida:
   10  
   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 congressional district of the state,
   25  and of the state as a whole, equal to eight percent of the votes
   26  cast in each such district, respectively, and in the state as a
   27  whole in the previous election in which presidential electors
   28  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 three-fifths of the
   43  membership of each house of the legislature. The enacting clause
   44  of every law proposed by initiative shall read: “Be It Enacted
   45  by the People of the State of Florida by Initiative:”.
   46         (d) Legislation proposed by initiative shall be submitted
   47  to the electors at the next general election held more than
   48  ninety days after the initiative petition is filed with the
   49  custodian of state records. The ballot must include a statement
   50  expressing the chief purpose of the proposed legislation, in
   51  clear and unambiguous language not exceeding 75 words in length,
   52  and a statement of the economic impact of the proposed
   53  legislation. If the legislation proposed by initiative is
   54  approved by the electors, it shall be effective on the first day
   55  of July after the next regular session of the legislature.
   56         (e) The legislature shall establish by general law, by July
   57  1, 2017, procedures to be used in invoking and approving
   58  legislation proposed by initiative and for providing sufficient
   59  prior public notice.
   60                             ARTICLE IV                            
   61                              EXECUTIVE                            
   62         SECTION 10. Attorney General.—The attorney general shall,
   63  as directed by general law, request the opinion of the justices
   64  of the supreme court as to the validity of any initiative
   65  petition proposing legislation circulated pursuant to Section 22
   66  of Article III or any initiative petition circulated pursuant to
   67  Section 3 of Article XI. The justices shall, subject to their
   68  rules of procedure, permit interested persons to be heard on the
   69  questions presented and shall render their written opinion no
   70  later than April 1 of the year in which the initiative is to be
   71  submitted to the voters pursuant to Section 5 of Article XI.
   72         BE IT FURTHER RESOLVED that the following statement be
   73  placed on the ballot:
   74                      CONSTITUTIONAL AMENDMENT                     
   75                       ARTICLE III, SECTION 22                     
   76                       ARTICLE IV, SECTION 10                      
   77         LEGISLATION BY INITIATIVE.—Proposing an amendment to the
   78  State Constitution to allow the proposal of laws by initiative
   79  without legislative or gubernatorial approval; prescribe
   80  requirements for subject matter, proposal, and approval of such
   81  initiatives; requires extraordinary vote of each house of
   82  Legislature to amend or repeal laws approved by voters; requires
   83  Legislature to adopt procedures for initiatives; provides for
   84  Supreme Court review of initiative petitions; and requires
   85  ballot statements for such initiatives to include statement of
   86  economic impact.