Bill Text: FL S1338 | 2021 | Regular Session | Introduced
Bill Title: Legislation by Initiative
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Ethics and Elections [S1338 Detail]
Download: Florida-2021-S1338-Introduced.html
Florida Senate - 2021 SJR 1338
By Senator Torres
15-01748-21 20211338__
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.
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 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. 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 this state, and of this state as a whole, equal to
26 four percent of the votes cast in each such district,
27 respectively, and in this 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 amend or repeal only legislation approved by vote of the
42 electors under this section by a four-fifths vote of the
43 membership of each house of the legislature within one year
44 after the effective date of such legislation or by a three
45 fifths vote 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 shall
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 seventy-five words
56 in length, and a statement of the economic impact of the
57 proposed legislation. If the legislation proposed by initiative
58 is approved by a majority of the electors voting in that
59 election, the legislation shall be effective on the first day of
60 July after the next regular session of the legislature.
61 (e) The legislature shall establish by general law, by July
62 1, 2023, 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.—Proposes an amendment to the
83 State Constitution to allow the proposal and approval of laws by
84 initiative without legislative or gubernatorial approval;
85 prescribes requirements for such initiatives; requires an
86 extraordinary vote of each house of the Legislature to amend or
87 repeal laws approved by voters; requires the Legislature adopt
88 procedures for initiatives; provides for Supreme Court review of
89 initiative petitions; and requires ballot statements for
90 initiatives to include a statement of economic impact.
