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3 | 3 | | HJR 377 2022 |
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9 | 9 | | Page 1 of 4 |
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10 | 10 | | 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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11 | 11 | | |
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12 | 12 | | House Joint Resolution 1 |
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13 | 13 | | A joint resolution proposing the creation of Section 2 |
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14 | 14 | | 22 of Article III and an amendment to Section 10 of 3 |
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15 | 15 | | Article IV of the State Constitution to authorize the 4 |
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16 | 16 | | proposal and enactment of legislation by initiative 5 |
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17 | 17 | | and to provide for Supreme Court review of initiative 6 |
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18 | 18 | | petitions proposing legislation. 7 |
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19 | 19 | | 8 |
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20 | 20 | | Be It Resolved by the Legislature of the State of Florida: 9 |
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21 | 21 | | 10 |
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22 | 22 | | That the following creation of Section 22 of Arti cle III of 11 |
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23 | 23 | | the State Constitution is agreed to and shall be submitted to 12 |
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24 | 24 | | the electors of this state for approval or rejection at the next 13 |
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25 | 25 | | general election or at an earlier special election specifically 14 |
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26 | 26 | | authorized by law for that purpose: 15 |
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27 | 27 | | ARTICLE III 16 |
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28 | 28 | | LEGISLATURE 17 |
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29 | 29 | | SECTION 22. Legislation by initiative. — 18 |
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30 | 30 | | (a) The power to propose legislation by initiative is 19 |
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31 | 31 | | reserved to the people. The power may be invoked by filing with 20 |
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32 | 32 | | the custodian of state records a petition that contains a copy 21 |
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33 | 33 | | of the proposed legislati on, which petition is signed by a 22 |
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34 | 34 | | number of electors in each of one half of the congressional 23 |
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35 | 35 | | districts of the state, and of the state as a whole, equal to 24 |
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36 | 36 | | four percent of the votes cast in each such district, 25 |
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38 | 38 | | HJR 377 2022 |
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45 | 45 | | 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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46 | 46 | | |
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47 | 47 | | respectively, and in the state as a whole in t he previous 26 |
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48 | 48 | | election in which presidential electors were chosen. 27 |
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49 | 49 | | (b) Laws that provide for the number or assignment of 28 |
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50 | 50 | | judges or the jurisdiction of courts, laws that the legislature 29 |
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51 | 51 | | is prohibited from passing or must pass by an extraordinary 30 |
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52 | 52 | | vote, and laws that change the boundaries of any municipality, 31 |
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53 | 53 | | county, or special, legislative, or congressional district may 32 |
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54 | 54 | | not be proposed by initiative. 33 |
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55 | 55 | | (c) Legislation proposed by initiative must comply with 34 |
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56 | 56 | | the requirements of this constitution applicable to laws enacted 35 |
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57 | 57 | | by the legislature with respect to single subject and 36 |
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58 | 58 | | prohibition of amendment by reference. Laws that are enacted by 37 |
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59 | 59 | | initiative shall not be subject to the veto power of the 38 |
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60 | 60 | | governor. Notwithstanding section 7 of this article, the 39 |
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61 | 61 | | legislature may only amend or repeal legislation approved by 40 |
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62 | 62 | | vote of the electors under this section by a four -fifths vote of 41 |
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63 | 63 | | the membership of each house of the legislature within one year 42 |
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64 | 64 | | after the effective date of such legislation or by a three -43 |
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65 | 65 | | fifths vote of the membership of each house of the legislature 44 |
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66 | 66 | | one year or more after the effective date of such legislation. 45 |
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67 | 67 | | The enacting clause of every law proposed by initiative shall 46 |
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68 | 68 | | read: "Be It Enacted by the People of the State of Florida by 47 |
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69 | 69 | | Initiative:". 48 |
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70 | 70 | | (d) Legislation proposed by initiative shall be submitted 49 |
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71 | 71 | | to the electors at the next general election held more than 50 |
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73 | 73 | | HJR 377 2022 |
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80 | 80 | | 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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81 | 81 | | |
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82 | 82 | | ninety days after the initiative petition is filed with the 51 |
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83 | 83 | | custodian of state records. The ballot must include a statement 52 |
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84 | 84 | | expressing the chief p urpose of the proposed legislation, in 53 |
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85 | 85 | | clear and unambiguous language not exceeding 75 words in length, 54 |
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86 | 86 | | and a statement of the economic impact of the proposed 55 |
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87 | 87 | | legislation. If the legislation proposed by initiative is 56 |
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88 | 88 | | approved by a majority of the electors voting in that election, 57 |
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89 | 89 | | the legislation shall be effective on the first day of July 58 |
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90 | 90 | | after the next regular session of the legislature. 59 |
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91 | 91 | | (e) The legislature shall establish by general law, by 60 |
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92 | 92 | | July 1, 2024, procedures to be used in invoking and approving 61 |
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93 | 93 | | legislation proposed by initiative and for providing sufficient 62 |
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94 | 94 | | prior public notice. 63 |
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95 | 95 | | ARTICLE IV 64 |
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96 | 96 | | EXECUTIVE 65 |
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97 | 97 | | SECTION 10. Attorney General. —The attorney general shall, 66 |
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98 | 98 | | as directed by general law, request the opinion of the justices 67 |
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99 | 99 | | of the supreme court as to the validity of any initiative 68 |
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100 | 100 | | petition proposing legislation circulated pursuant to Section 22 69 |
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101 | 101 | | of Article III or any initiative petition circulated pursuant to 70 |
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102 | 102 | | Section 3 of Article XI. The justices shall, subject to their 71 |
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103 | 103 | | rules of procedure, permit interested persons to be heard on the 72 |
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104 | 104 | | questions presented and shall render their written opinion no 73 |
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105 | 105 | | later than April 1 of the year in which the initiative is to be 74 |
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106 | 106 | | submitted to the voters pursuant to Section 5 of Article XI. 75 |
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115 | 115 | | 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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116 | 116 | | |
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117 | 117 | | BE IT FURTHER RESOLVED that the following statement be 76 |
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118 | 118 | | placed on the ballot: 77 |
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119 | 119 | | CONSTITUTIONAL AMEND MENT 78 |
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120 | 120 | | ARTICLE III, SECTION 22 79 |
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121 | 121 | | ARTICLE IV, SECTION 10 80 |
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122 | 122 | | LEGISLATION BY INITI ATIVE.—Proposing an amendment to the 81 |
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123 | 123 | | State Constitution to allow the proposal and approval of laws by 82 |
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124 | 124 | | initiative without legislative or gubernatorial approval; 83 |
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125 | 125 | | prescribes requirements for such initiatives; requires an 84 |
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126 | 126 | | extraordinary vote of each house of the Legislature to amend or 85 |
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127 | 127 | | repeal laws approved by voters; requires the Legislature adopt 86 |
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128 | 128 | | procedures for initiatives; provides for Supreme Court review of 87 |
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129 | 129 | | initiative petitions; and requires ballot statements for 88 |
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130 | 130 | | initiatives to include a statement of economic impact. 89 |
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