Florida


S.J.R. 2394: A Resolution Relating to Deadlines for Filing/ Initiatives


This measure would roll back the deadline for submitting a certificate to the secretary of state to February 1.

(House) in Messages

Senate Joint Resolution No. 2394

2 A joint resolution proposing amendments to

3 Section 10 of Article IV and Section 5 of

4 Article XI of the State Constitution; revising

5 the deadline for filing a constitutional

6 amendment proposed by initiative with the

7 Secretary of State for purposes of placing the

8 proposed amendment on the general election

9 ballot; revising the timeframe for the Supreme

10 Court to render an advisory opinion on the

11 validity of an initiative petition.

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13 Be It Resolved by the Legislature of the State of Florida:

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15 That the following amendments to Section 10 of Article

16 IV and Section 5 of Article XI of the State Constitution are

17 agreed to and shall be submitted to the electors of this state

18 for approval or rejection at the next general election or at

19 an earlier special election specifically authorized by law for

20 that purpose:

21 ARTICLE IV

22 EXECUTIVE

23 SECTION 10. Attorney General.--The attorney general

24 shall, as directed by general law, request the opinion of the

25 justices of the supreme court as to the validity of any

26 initiative petition circulated pursuant to Section 3 of

27 Article XI. The justices shall, subject to their rules of

28 procedure, permit interested persons to be heard on the

29 questions presented and shall render their written opinion no

30 later than April 1 of the year in which the initiative is to

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CODING: Words stricken are deletions; words underlined are additions.

SJR 2394 First Engrossed

1 be submitted to the voters pursuant to Section 5 of Article XI

2 expeditiously.

3 ARTICLE XI

4 AMENDMENTS

5 SECTION 5. Amendment or revision election.--

6 (a) A proposed amendment to or revision of this

7 constitution, or any part of it, shall be submitted to the

8 electors at the next general election held more than ninety

9 days after the joint resolution, initiative petition or report

10 of revision commission, constitutional convention or taxation

11 and budget reform commission proposing it is filed with the

12 custodian of state records, unless, pursuant to law enacted by

13 the affirmative vote of three-fourths of the membership of

14 each house of the legislature and limited to a single

15 amendment or revision, it is submitted at an earlier special

16 election held more than ninety days after such filing.

17 (b) A proposed amendment or revision of this

18 constitution, or any part of it, by initiative shall be

19 submitted to the electors at the general election provided the

20 initiative petition is filed with the custodian of state

21 records no later than February 1 of the year in which the

22 general election is held.

23 (c)(b) The legislature shall provide by general law,

24 prior to the holding of an election pursuant to this section,

25 for the provision of a statement to the public regarding the

26 probable financial impact of any amendment proposed by

27 initiative pursuant to section 3.

28 (d)(c) Once in the tenth week, and once in the sixth

29 week immediately preceding the week in which the election is

30 held, the proposed amendment or revision, with notice of the

31 date of election at which it will be submitted to the

2

CODING: Words stricken are deletions; words underlined are additions.

SJR 2394 First Engrossed

1 electors, shall be published in one newspaper of general

2 circulation in each county in which a newspaper is published.

3 (e)(d) If the proposed amendment or revision is

4 approved by vote of the electors, it shall be effective as an

5 amendment to or revision of the constitution of the state on

6 the first Tuesday after the first Monday in January following

7 the election, or on such other date as may be specified in the

8 amendment or revision.

9 BE IT FURTHER RESOLVED that the following statement be

10 placed on the ballot:

11 CONSTITUTIONAL AMENDMENTS

12 ARTICLE IV, SECTION 10

13 ARTICLE XI, SECTION 5

14 CONSTITUTIONAL AMENDMENTS PROPOSED BY

15 INITIATIVE.--Proposing amendments to the State Constitution to

16 require the sponsor of a constitutional amendment proposed by

17 citizen initiative to file the initiative petition with the

18 Secretary of State by February 1 of the year of a general

19 election in order to have the measure submitted to the

20 electors for approval or rejection at the following November's

21 general election, and to require the Florida Supreme Court to

22 render an advisory opinion addressing the validity of an

23 initiative petition by April 1 of the year in which the

24 amendment is to be submitted to the electors.

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Date: 4/7/2004

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