Amendment or Revision/Voting
Senate Bill sb2392c1 Florida Senate - 2004 CS for SJR 2392 By the Committee on Judiciary; and Senators Atwater and Smith 308-2182-04 1 Senate Joint Resolution No. 2392 2 A joint resolution proposing an amendment to 3 Section 5 of Article XI and creating Section 26 4 of Article XII of the State Constitution; 5 requiring that a proposed amendment to or 6 revision of the State Constitution be approved 7 by at least a three-fifths vote of the electors 8 of the state voting on the measure; providing 9 for the requirement to apply only to amendments 10 or revisions filed with the Secretary of State 11 after a specified date. 12 13 Be It Resolved by the Legislature of the State of Florida: 14 15 That the following amendment to Section 5 of Article XI 16 and the following creation of Section 26 of Article XII of the 17 State Constitution is agreed to and shall be submitted to the 18 electors of this state for approval or rejection at the next 19 general election or at an earlier special election 20 specifically authorized by law for that purpose: 21 ARTICLE XI 22 AMENDMENTS 23 SECTION 5. Amendment or revision election.-- 24 (a) A proposed amendment to or revision of this 25 constitution, or any part of it, shall be submitted to the 26 electors at the next general election held more than ninety 27 days after the joint resolution, initiative petition or report 28 of revision commission, constitutional convention or taxation 29 and budget reform commission proposing it is filed with the 30 custodian of state records, unless, pursuant to law enacted by 31 the affirmative vote of three-fourths of the membership of 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2004 CS for SJR 2392 308-2182-04 1 each house of the legislature and limited to a single 2 amendment or revision, it is submitted at an earlier special 3 election held more than ninety days after such filing. 4 (b) The legislature shall provide by general law, 5 prior to the holding of an election pursuant to this section, 6 for the provision of a statement to the public regarding the 7 probable financial impact of any amendment proposed by 8 initiative pursuant to section 3. 9 (c) Once in the tenth week, and once in the sixth week 10 immediately preceding the week in which the election is held, 11 the proposed amendment or revision, with notice of the date of 12 election at which it will be submitted to the electors, shall 13 be published in one newspaper of general circulation in each 14 county in which a newspaper is published. 15 (d) If the proposed amendment or revision is approved 16 by vote of at least three-fifths of the electors voting on the 17 measure, it shall be effective as an amendment to or revision 18 of the constitution of the state on the first Tuesday after 19 the first Monday in January following the election, or on such 20 other date as may be specified in the amendment or revision. 21 ARTICLE XII 22 SCHEDULE 23 SECTION 26. APPROVAL OF CONSTITUTIONAL AMENDMENTS AND 24 REVISIONS.--The amendment to Section 5 of Article XI, 25 requiring a vote of at least three-fifths of the electors 26 voting on the measure for the approval of a proposed amendment 27 to or revision of this constitution, shall take effect upon 28 approval by the electors and shall apply only to a proposed 29 amendment or revision, however proposed, which is filed with 30 the custodian of state records after 12 p.m. on July 16, 2004. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2004 CS for SJR 2392 308-2182-04 1 BE IT FURTHER RESOLVED that the following statement be 2 placed on the ballot: 3 CONSTITUTIONAL AMENDMENT 4 ARTICLE XI, SECTION 5 5 ARTICLE XII, SECTION 26 6 APPROVAL OF CONSTITUTIONAL AMENDMENTS OR 7 REVISIONS.--Proposing an amendment to the State Constitution 8 to require that, effective for any proposed constitutional 9 amendment or revision filed with the Secretary of State after 10 12 p.m. on July 16, 2004, the amendment or revision must be 11 approved by at least three-fifths of the electors of the state 12 voting on the measure rather than by a simple majority. 13 14 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN COMMITTEE SUBSTITUTE FOR 15 Senate Joint Resolution 2392 16 17 - The Committee Substitute for Senate Joint Resolution 2392 changes the underlying joint resolution by providing that 18 the three-fifths voting requirement for the adoption of a constitutional amendment will apply to a proposed 19 amendment or revision filed with the custodian of state records after 12 p.m. July 16, 2004, instead of June 1, 20 2004. 21 22 23 24 25 26 27 28 29 30 31
