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.