Florida 2022 Regular Session

Florida House Bill H0377 Compare Versions

Only one version of the bill is available at this time.
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1010 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
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1212 House Joint Resolution 1
1313 A joint resolution proposing the creation of Section 2
1414 22 of Article III and an amendment to Section 10 of 3
1515 Article IV of the State Constitution to authorize the 4
1616 proposal and enactment of legislation by initiative 5
1717 and to provide for Supreme Court review of initiative 6
1818 petitions proposing legislation. 7
1919 8
2020 Be It Resolved by the Legislature of the State of Florida: 9
2121 10
2222 That the following creation of Section 22 of Arti cle III of 11
2323 the State Constitution is agreed to and shall be submitted to 12
2424 the electors of this state for approval or rejection at the next 13
2525 general election or at an earlier special election specifically 14
2626 authorized by law for that purpose: 15
2727 ARTICLE III 16
2828 LEGISLATURE 17
2929 SECTION 22. Legislation by initiative. — 18
3030 (a) The power to propose legislation by initiative is 19
3131 reserved to the people. The power may be invoked by filing with 20
3232 the custodian of state records a petition that contains a copy 21
3333 of the proposed legislati on, which petition is signed by a 22
3434 number of electors in each of one half of the congressional 23
3535 districts of the state, and of the state as a whole, equal to 24
3636 four percent of the votes cast in each such district, 25
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4545 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
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4747 respectively, and in the state as a whole in t he previous 26
4848 election in which presidential electors were chosen. 27
4949 (b) Laws that provide for the number or assignment of 28
5050 judges or the jurisdiction of courts, laws that the legislature 29
5151 is prohibited from passing or must pass by an extraordinary 30
5252 vote, and laws that change the boundaries of any municipality, 31
5353 county, or special, legislative, or congressional district may 32
5454 not be proposed by initiative. 33
5555 (c) Legislation proposed by initiative must comply with 34
5656 the requirements of this constitution applicable to laws enacted 35
5757 by the legislature with respect to single subject and 36
5858 prohibition of amendment by reference. Laws that are enacted by 37
5959 initiative shall not be subject to the veto power of the 38
6060 governor. Notwithstanding section 7 of this article, the 39
6161 legislature may only amend or repeal legislation approved by 40
6262 vote of the electors under this section by a four -fifths vote of 41
6363 the membership of each house of the legislature within one year 42
6464 after the effective date of such legislation or by a three -43
6565 fifths vote of the membership of each house of the legislature 44
6666 one year or more after the effective date of such legislation. 45
6767 The enacting clause of every law proposed by initiative shall 46
6868 read: "Be It Enacted by the People of the State of Florida by 47
6969 Initiative:". 48
7070 (d) Legislation proposed by initiative shall be submitted 49
7171 to the electors at the next general election held more than 50
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8080 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
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8282 ninety days after the initiative petition is filed with the 51
8383 custodian of state records. The ballot must include a statement 52
8484 expressing the chief p urpose of the proposed legislation, in 53
8585 clear and unambiguous language not exceeding 75 words in length, 54
8686 and a statement of the economic impact of the proposed 55
8787 legislation. If the legislation proposed by initiative is 56
8888 approved by a majority of the electors voting in that election, 57
8989 the legislation shall be effective on the first day of July 58
9090 after the next regular session of the legislature. 59
9191 (e) The legislature shall establish by general law, by 60
9292 July 1, 2024, procedures to be used in invoking and approving 61
9393 legislation proposed by initiative and for providing sufficient 62
9494 prior public notice. 63
9595 ARTICLE IV 64
9696 EXECUTIVE 65
9797 SECTION 10. Attorney General. —The attorney general shall, 66
9898 as directed by general law, request the opinion of the justices 67
9999 of the supreme court as to the validity of any initiative 68
100100 petition proposing legislation circulated pursuant to Section 22 69
101101 of Article III or any initiative petition circulated pursuant to 70
102102 Section 3 of Article XI. The justices shall, subject to their 71
103103 rules of procedure, permit interested persons to be heard on the 72
104104 questions presented and shall render their written opinion no 73
105105 later than April 1 of the year in which the initiative is to be 74
106106 submitted to the voters pursuant to Section 5 of Article XI. 75
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115115 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
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117117 BE IT FURTHER RESOLVED that the following statement be 76
118118 placed on the ballot: 77
119119 CONSTITUTIONAL AMEND MENT 78
120120 ARTICLE III, SECTION 22 79
121121 ARTICLE IV, SECTION 10 80
122122 LEGISLATION BY INITI ATIVE.—Proposing an amendment to the 81
123123 State Constitution to allow the proposal and approval of laws by 82
124124 initiative without legislative or gubernatorial approval; 83
125125 prescribes requirements for such initiatives; requires an 84
126126 extraordinary vote of each house of the Legislature to amend or 85
127127 repeal laws approved by voters; requires the Legislature adopt 86
128128 procedures for initiatives; provides for Supreme Court review of 87
129129 initiative petitions; and requires ballot statements for 88
130130 initiatives to include a statement of economic impact. 89