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Florida Amendment 7, Legislative Nullification of Executive Rules and Regulations Amendment (1976)

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Florida Amendment 7

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Election date

November 2, 1976

Topic
State executive official measures and State legislatures measures
Status

DefeatedDefeated

Type
Legislatively referred constitutional amendment
Origin

State legislature



Florida Amendment 7 was on the ballot as a legislatively referred constitutional amendment in Florida on November 2, 1976. It was defeated.

A “yes” vote supported establishing procedures for legislative nullification of rules or regulations created by the executive branch.

A “no” vote opposed establishing procedures for legislative nullification of rules or regulations created by the executive branch.


Election results

Florida Amendment 7

Result Votes Percentage
Yes 729,400 37.61%

Defeated No

1,210,001 62.39%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Amendment 7 was as follows:

Proposing an amendment to the State Constitution to authorize the Legislature to nullify or suspend any rule or regulation promulgated by the executive branch of state government and providing a procedure for the deferral of any such nullification which rule or regulation is without or in excess of delegated legislative authority.

Full Text

The full text of this measure is available here.


Constitutional changes

ARTICLE I
DECLARATION OF RIGHTS

Section 18. Administrative Penalties. No administrative agency shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law. Any administrative rule of any agency of the executive branch may be nullified by concurrent resolution of the Legislature on the ground that the rule is without or in excess of delegated legislative authority and may be suspended as provided by law on the same ground; however, by a majority vote of the governor and cabinet the suspension may be deferred until acted upon by the Legislature. Failure of the Legislature to disapprove the suspension at the next regular session shall automatically reinstate the rule.

Path to the ballot

See also: Amending the Florida Constitution

A 60% vote was required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That amounted to a minimum of 51 votes in the Florida House of Representatives and 18 votes in the Florida State Senate, assuming no vacancies. Amendments did not require the governor's signature to be referred to the ballot. Amendments on the ballot required a simple majority vote in this year.

See also


External links

Footnotes