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How An Idea Becomes A Law
During each session of the Legislature, Senators and Representatives
introduce thousands of bills. Many of these are "companion or
identical" - introduced in both houses so they move along the
legislative process almost simultaneously until they are merged for
consideration on the floor.
"Companion" bills accomplish the same goal, but may be
worded differently. "Identical" bills are just that, identical
- word-for-word.
The idea for a bill may originate anywhere. The Governor, executive
departments, judiciary, special interest groups, corporations, unions
and private individuals -- all these are sources for ideas, but only a
Senator or Representative can introduce a bill. A legislator's
willingness to introduce a bill makes him/her that bill's sponsor.
The original bill is usually drafted for the legislator by the House
or Senate drafting services. Even if the bill is drafted by someone
else, it must be cleared by the drafting service for legal form.
Each bill begins its course through the legislative process by being
filed with the Clerk of the House or the Secretary of the Senate. The
Clerk or Secretary will give the bill a number, which will identify it
throughout its lifetime.
Senate bills are also even numbered bills and house bills are always
odd numbered bills. This avoids confusion.
The bill usually has its first "reading" by publication of
its number and title in the journal of the house introducing it. Prior
to the session, this is known as "prefiling." The bill is
placed in a "jacket" which bears the signature of the
sponsor(s). Hundreds of copies of the bill are made for legislators and
the public. A copy is given to the Speaker or President for referral to
a committee. If a bill is referred to an unfriendly committee, it may
die quickly. Whether a bill actually becomes a law may well depend on
the committee of reference. Up to one third of all bills die in
committee.
Some committees have one or more subcommittees. The chairman of the
committee may refer a bill to one of the subcommittees. Once the
subcommittee reviews a bill, it makes a report to the parent committee.
Committee action is the vital stage in lawmaking. Bills are amended
by committees more often than at any other point in the legislative
process. Bills are routinely referred to a committee whose bailiwick is
usually determinable from its name. A committee may report a bill
favorably with no changes, with amendments, or with a substantial
rewrite (known as a committee substitute).
If the bill is reported favorably by the committee, it either goes to
another committee of reference or to the calendar of the introducing
house. The calendar is a list of those bills which are ready to go to
the floor for consideration.
Just because a bill is listed on the calendar does not necessarily
mean it will be heard on the floor. It will go to the floor only if it
is included on the Special Order Calendar. This calendar is scheduled by
the Committee on Rules and Calendar.
The bill finally makes it to the floor! The majority of bills that
reach the floor are passed. However, a bill may also be amended on the
floor. Bills are amended on the second reading, which consists of
reading the bill number and title.
If someone wanted to kill a bill on the floor, the quickest way is to
introduce a "killer amendment" -- the Florida Constitution
requires each bill to contain the clause "Be it Enacted by the
Legislature of the State of Florida" -- a killer amendment would
strike the enacting clause.
The third reading of the bill is for debating the merits of the bill,
as amended. A roll call vote is required for passage of a bill.
Assuming a bill originates in the House, it now goes to the Senate.
It will have to go over the same hurdles here.
If the bill passes the Senate, there's a good chance it's with
amendments. In this case, the bill is sent back to the House as amended.
A bill may "ping-pong" between houses until an agreement is
reached; or, it may be sent to a conference committee made up of members
of both houses. A two-thirds vote is required in a conference committee
to pass a bill out.
Once the House and Senate agree on the wording of the bill, it is
certified to the Governor by the Speaker of the House and the President
of the Senate. The Governor then has seven days to take action on the
bill, which is now called an act.
The Governor has three options -- sign it, veto it, allow it to
become law without signature.
If a bill is vetoed, it is returned to the originating house by the
Secretary of State. If the Legislature is still in session, each house
must have a two-thirds vote of the members present to override the veto.
If the Legislature is not in session, it may be carried over to the next
regular or special session. If it is not taken up, the veto stands.
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