Florida 2022 2022 Regular Session

Florida House Bill H0377 Introduced / Bill

Filed 10/20/2021

                        
    
HJR 377  	2022 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
House Joint Resolution 1 
A joint resolution proposing the creation of Section 2 
22 of Article III and an amendment to Section 10 of 3 
Article IV of the State Constitution to authorize the 4 
proposal and enactment of legislation by initiative 5 
and to provide for Supreme Court review of initiative 6 
petitions proposing legislation. 7 
 8 
Be It Resolved by the Legislature of the State of Florida: 9 
 10 
 That the following creation of Section 22 of Arti cle III of 11 
the State Constitution is agreed to and shall be submitted to 12 
the electors of this state for approval or rejection at the next 13 
general election or at an earlier special election specifically 14 
authorized by law for that purpose: 15 
ARTICLE III 16 
LEGISLATURE 17 
 SECTION 22.  Legislation by initiative. — 18 
 (a)  The power to propose legislation by initiative is 19 
reserved to the people. The power may be invoked by filing with 20 
the custodian of state records a petition that contains a copy 21 
of the proposed legislati on, which petition is signed by a 22 
number of electors in each of one half of the congressional 23 
districts of the state, and of the state as a whole, equal to 24 
four percent of the votes cast in each such district, 25      
    
HJR 377  	2022 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
respectively, and in the state as a whole in t he previous 26 
election in which presidential electors were chosen. 27 
 (b)  Laws that provide for the number or assignment of 28 
judges or the jurisdiction of courts, laws that the legislature 29 
is prohibited from passing or must pass by an extraordinary 30 
vote, and laws that change the boundaries of any municipality, 31 
county, or special, legislative, or congressional district may 32 
not be proposed by initiative. 33 
 (c)  Legislation proposed by initiative must comply with 34 
the requirements of this constitution applicable to laws enacted 35 
by the legislature with respect to single subject and 36 
prohibition of amendment by reference. Laws that are enacted by 37 
initiative shall not be subject to the veto power of the 38 
governor. Notwithstanding section 7 of this article, the 39 
legislature may only amend or repeal legislation approved by 40 
vote of the electors under this section by a four -fifths vote of 41 
the membership of each house of the legislature within one year 42 
after the effective date of such legislation or by a three -43 
fifths vote of the membership of each house of the legislature 44 
one year or more after the effective date of such legislation. 45 
The enacting clause of every law proposed by initiative shall 46 
read: "Be It Enacted by the People of the State of Florida by 47 
Initiative:". 48 
 (d)  Legislation proposed by initiative shall be submitted 49 
to the electors at the next general election held more than 50      
    
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
ninety days after the initiative petition is filed with the 51 
custodian of state records. The ballot must include a statement 52 
expressing the chief p urpose of the proposed legislation, in 53 
clear and unambiguous language not exceeding 75 words in length, 54 
and a statement of the economic impact of the proposed 55 
legislation. If the legislation proposed by initiative is 56 
approved by a majority of the electors voting in that election, 57 
the legislation shall be effective on the first day of July 58 
after the next regular session of the legislature. 59 
 (e)  The legislature shall establish by general law, by 60 
July 1, 2024, procedures to be used in invoking and approving 61 
legislation proposed by initiative and for providing sufficient 62 
prior public notice. 63 
ARTICLE IV 64 
EXECUTIVE 65 
 SECTION 10.  Attorney General. —The attorney general shall, 66 
as directed by general law, request the opinion of the justices 67 
of the supreme court as to the validity of any initiative 68 
petition proposing legislation circulated pursuant to Section 22 69 
of Article III or any initiative petition circulated pursuant to 70 
Section 3 of Article XI. The justices shall, subject to their 71 
rules of procedure, permit interested persons to be heard on the 72 
questions presented and shall render their written opinion no 73 
later than April 1 of the year in which the initiative is to be 74 
submitted to the voters pursuant to Section 5 of Article XI. 75      
    
HJR 377  	2022 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 BE IT FURTHER RESOLVED that the following statement be 76 
placed on the ballot: 77 
CONSTITUTIONAL AMEND MENT 78 
ARTICLE III, SECTION 22 79 
ARTICLE IV, SECTION 10 80 
 LEGISLATION BY INITI ATIVE.—Proposing an amendment to the 81 
State Constitution to allow the proposal and approval of laws by 82 
initiative without legislative or gubernatorial approval; 83 
prescribes requirements for such initiatives; requires an 84 
extraordinary vote of each house of the Legislature to amend or 85 
repeal laws approved by voters; requires the Legislature adopt 86 
procedures for initiatives; provides for Supreme Court review of 87 
initiative petitions; and requires ballot statements for 88 
initiatives to include a statement of economic impact. 89