Bill Amendment: FL S1008 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Article V Constitutional Conventions
Status: 2014-04-24 - Laid on Table, companion bill(s) passed, see CS/HB 609 (Ch. 2014-52) [S1008 Detail]
Download: Florida-2014-S1008-Senate_Committee_Amendment_153888.html
Bill Title: Article V Constitutional Conventions
Status: 2014-04-24 - Laid on Table, companion bill(s) passed, see CS/HB 609 (Ch. 2014-52) [S1008 Detail]
Download: Florida-2014-S1008-Senate_Committee_Amendment_153888.html
Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 1008 Ì153888aÎ153888 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 11.93, Florida Statutes, is created to 6 read: 7 11.93 Short title.—Sections 11.93-11.9352 may be cited as 8 the “Article V Constitutional Convention Act.” 9 Section 2. Section 11.931, Florida Statutes, is created to 10 read: 11 11.931 Applicability.—Sections 11.93-11.9352 shall apply 12 when an Article V convention is called for the purpose of 13 proposing amendments to the Constitution of the United States. 14 Section 3. Section 11.932, Florida Statutes, is created to 15 read: 16 11.932 Definitions.—As used in ss. 11.93-11.9352, the term: 17 (1) “Alternate delegate” means an individual who is 18 appointed as an alternate delegate as provided by law. 19 (2) “Article V convention” means a convention called for by 20 the states under Article V of the Constitution of the United 21 States for the purpose of proposing amendments to the 22 Constitution of the United States. 23 (3) “Chamber” means either the Senate or the House of 24 Representatives. 25 (4) “Delegate” means an individual appointed to represent 26 Florida at an Article V convention. 27 (5) “Paired delegate” means the delegate with whom an 28 alternate delegate is paired. 29 Section 4. Section 11.933, Florida Statutes, is created to 30 read: 31 11.933 Qualifications of delegates and alternate 32 delegates.— 33 (1) To be appointed as a delegate or alternate delegate to 34 an Article V convention, a person must: 35 (a) Reside in this state. 36 (b) Be a registered voter in this state. 37 (c) Not be registered or required to be registered as a 38 lobbyist under the laws of this state. 39 (2) A person may not be appointed as a delegate if he or 40 she holds a federal office. 41 Section 5. Section 11.9331, Florida Statutes, is created to 42 read: 43 11.9331 Appointment of delegates by Legislature.— 44 (1) Whenever an Article V convention is called, the Senate 45 and House of Representatives shall appoint, under rules adopted 46 jointly by the Senate and House of Representatives: 47 (a) The number of delegates allocated to represent Florida. 48 (b) An equal number of alternate delegates. 49 (2) Unless otherwise established by the rules of procedure 50 of an Article V convention, it is presumed that Florida has two 51 delegates and two alternate delegates designated to represent 52 the state. 53 (3) If the Legislature is not in session when delegates 54 must be appointed, the President of the Senate and the Speaker 55 of the House of Representatives shall call the Legislature into 56 special session pursuant to s. 11.011 for the purpose of 57 appointing delegates and alternate delegates. 58 Section 6. Section 11.9332, Florida Statutes, is created to 59 read: 60 11.9332 Appointment by majority vote of each chamber; 61 pairing delegates and alternate delegates.— 62 (1) To be appointed as a delegate or an alternate delegate, 63 a person must receive, in each chamber, the vote of a majority 64 of all the members elected to that chamber. 65 (2) At the time of appointment, each alternate delegate 66 must be paired with a delegate as provided by a concurrent 67 resolution adopted by the Legislature. 68 Section 7. Section 11.9333, Florida Statutes, is created to 69 read: 70 11.9333 Recall; filling a vacancy; special legislative 71 session.— 72 (1) The Legislature may, at any time, recall a delegate or 73 alternate delegate and replace that delegate or alternate 74 delegate with an individual appointed under s. 11.9331. 75 (2) The Legislature may, at any time, fill a vacancy in the 76 office of delegate or alternate delegate with a person appointed 77 under s. 11.9331. If the Legislature is not in session when a 78 vacancy occurs with respect to both a delegate and the paired 79 alternate delegate, the President of the Senate and the Speaker 80 of the House of Representatives shall call the Legislature into 81 special session pursuant to s. 11.011 for the purpose of 82 appointing a delegate and an alternate delegate to fill the 83 vacancies. 84 Section 8. Section 11.9334, Florida Statutes, is created to 85 read: 86 11.9334 Method of appointment and recall.—The Legislature 87 shall appoint or recall delegates or alternate delegates by 88 concurrent resolution. 89 Section 9. Section 11.9335, Florida Statutes, is created to 90 read: 91 11.9335 Reimbursement of per diem and travel expenses.—A 92 delegate or alternate delegate shall serve without compensation 93 but may be reimbursed for per diem and travel expenses pursuant 94 to s. 112.061. 95 Section 10. Section 11.9336, Florida Statutes, is created 96 to read: 97 11.9336 Oath.—Each delegate and alternate delegate shall, 98 before exercising any function of the position, execute an oath 99 in the state and in writing that the delegate or alternative 100 delegate will: 101 (1) Support the Constitution of the United States and the 102 State Constitution. 103 (2) Faithfully abide by and execute any instructions to 104 delegates and alternate delegates adopted by the Legislature. 105 (3) Otherwise faithfully discharge the duties of a delegate 106 or alternate delegate. 107 Section 11. Section 11.9337, Florida Statutes, is created 108 to read: 109 11.9337 Filing of oath; issuance of commission.—The 110 executed oath of a delegate or alternate delegate shall be filed 111 with the Secretary of State. After the oath is filed, the 112 Governor shall issue a commission to the delegate or alternate 113 delegate. 114 Section 12. Section 11.934, Florida Statutes, is created to 115 read: 116 11.934 Instructions to delegates.— 117 (1) When delegates and alternate delegates are appointed, 118 the Legislature shall adopt a concurrent resolution to provide 119 instructions to the delegates and alternate delegates regarding 120 the rules of procedure and any other matter relating to the 121 Article V convention that the Legislature considers necessary. 122 (2) The Legislature may amend the instructions at any time 123 by concurrent resolution. 124 Section 13. Section 11.9341, Florida Statutes, is created 125 to read: 126 11.9341 Duties of alternate delegates.—An alternate 127 delegate: 128 (1) Shall act in the place of the paired delegate when the 129 paired delegate is absent from the Article V convention. 130 (2) Replaces the paired delegate if the alternate 131 delegate’s paired delegate vacates the office. 132 Section 14. Section 11.9342, Florida Statutes, is created 133 to read: 134 11.9342 Vote cast outside the scope of instructions or 135 limits; status of vote.—A vote cast by a delegate or an 136 alternate delegate at an Article V convention is void if the 137 vote is outside the scope of: 138 (1) The instructions established by a concurrent resolution 139 adopted pursuant to s. 11.934; or 140 (2) The limits placed by the Legislature in a concurrent 141 resolution or memorial that calls for an Article V convention 142 for the purpose of proposing one or more amendments to the 143 Constitution of the United States on the subjects and amendments 144 that may be considered by the Article V Convention. 145 Section 15. Section 11.9343, Florida Statutes, is created 146 to read: 147 11.9343 Vote cast outside the scope of instructions or 148 limits; appointment forfeited.— 149 (1) A delegate or alternate delegate forfeits his or her 150 appointment by virtue of a vote or attempt to vote that is 151 outside the scope of: 152 (a) The instructions established by a concurrent resolution 153 adopted pursuant to s. 11.934; or 154 (b) The limits placed by the Legislature in a concurrent 155 resolution or memorial that calls for an Article V convention 156 for the purpose of proposing one or more amendments to the 157 Constitution of the United States on the subjects and amendments 158 that may be considered by the Article V convention. 159 (2) If a delegate forfeits an appointment under subsection 160 (1), the paired alternate delegate of the delegate becomes the 161 delegate at the time the forfeiture of the appointment occurs. 162 Section 16. Section 11.9344, Florida Statutes, is created 163 to read: 164 11.9344 Vote cast outside the scope of instructions or 165 limits; status of application.—The application of the 166 Legislature to call an Article V convention for proposing 167 amendments to the Constitution of the United States ceases to be 168 a continuing application and shall be treated as having no 169 effect if all of the delegates and alternate delegates vote or 170 attempt to vote outside the scope of: 171 (1) The instructions established by a concurrent resolution 172 adopted pursuant to s. 11.934; or 173 (2) The limits placed by the Legislature in a concurrent 174 resolution or memorial that calls for an Article V convention 175 for the purpose of proposing one or more amendments to the 176 Constitution of the United States on the subjects and amendments 177 that may be considered by the Article V convention. 178 Section 17. Section 11.9345, Florida Statutes, is created 179 to read: 180 11.9345 Vote cast outside the scope of instructions; 181 criminal liability.—A delegate or alternate delegate commits a 182 felony of the third degree, punishable as provided in s. 775.082 183 or s. 775.083, who signs an oath of office as required by s. 184 11.9336 in the state and who thereafter violates the oath by 185 knowingly or intentionally voting or attempting to vote outside 186 the scope of: 187 (1) The instructions established by a concurrent resolution 188 adopted pursuant to s. 11.934; or 189 (2) The limits placed by the Legislature in a concurrent 190 resolution or memorial that calls for an Article V convention 191 for the purpose of proposing one or more amendments to the 192 Constitution of the United States on the subjects and amendments 193 that may be considered by the Article V convention. 194 Section 18. Section 11.935, Florida Statutes, is created to 195 read: 196 11.935 Article V convention advisory group.— 197 (1) As used in this section, the term “advisory group” 198 means the Article V convention delegate advisory group. 199 (2) The advisory group consists of the following members: 200 (a) An attorney appointed by the President of the Senate. 201 (b) An attorney appointed by the Speaker of the House of 202 Representatives. 203 (c) An attorney selected by agreement of the attorneys 204 appointed under paragraphs (a) and (b), who shall serve as chair 205 of the advisory group. 206 (3) The advisory group shall meet at the call of the chair 207 and shall establish the policies and procedures that the 208 advisory group determines necessary to carry out ss. 11.93 209 11.9352. 210 (4) Upon the request of a delegate or alternate delegate, 211 the advisory group shall advise the delegate or alternate 212 delegate whether there is reason to believe that an action or an 213 attempt to take an action by a delegate or alternate delegate 214 would: 215 (a) Violate the instructions established by a concurrent 216 resolution adopted by the Legislature under s. 11.934; or 217 (b) Exceed the limits placed by the Legislature in a 218 concurrent resolution or memorial that calls for an Article V 219 convention for the purpose of proposing one or more amendments 220 to the Constitution of the United States on the subjects and 221 amendments that may be considered by the Article V convention. 222 (5) The advisory group: 223 (a) May render an advisory determination under this section 224 in any summary manner considered appropriate by the advisory 225 group. 226 (b) Shall render an advisory determination under this 227 section within 24 hours after receiving a request for a 228 determination. 229 (c) Shall transmit a copy of an advisory determination 230 under this section in the most expeditious manner possible to 231 the delegate or alternate delegate who requested the advisory 232 determination. 233 (d) If the advisory group renders an advisory determination 234 under this section, the advisory group may also take an action 235 permitted under s. 11.9351. 236 Section 19. Section 11.9351, Florida Statutes, is created 237 to read: 238 11.9351 Oversight of delegates with respect to 239 instructions.— 240 (1) The advisory group, on its own motion, or upon the 241 request of the President of the Senate, the Speaker of the House 242 of Representatives, or the Attorney General, shall advise the 243 Attorney General whether there is reason to believe that a vote 244 or an attempt to vote by a delegate or alternate delegate has: 245 (a) Violated the instructions established by a concurrent 246 resolution adopted by the Legislature under s. 11.934; or 247 (b) Exceeded the limits placed by the Legislature in a 248 concurrent resolution or memorial that calls for an Article V 249 convention for the purpose of proposing one or more amendments 250 to the Constitution of the United States on the subjects and 251 amendments that may be considered by the Article V convention. 252 (2) The advisory group shall issue the advisory 253 determination under this section by one of the following summary 254 procedures: 255 (a) Without notice or an evidentiary proceeding; or 256 (b) After a hearing conducted by the advisory group. 257 (3) The advisory group shall render an advisory 258 determination under this section within 24 hours after receiving 259 a request for an advisory determination. 260 (4) The advisory group shall transmit a copy of an advisory 261 determination in the most expeditious manner possible to the 262 Attorney General. 263 Section 20. Section 11.9352, Florida Statutes, is created 264 to read: 265 11.9352 Advisory determination concerning a vote outside 266 the scope of instructions.—Immediately, upon receipt of an 267 advisory determination that finds that a vote or attempt to vote 268 by a delegate or alternate delegate is a violation as described 269 in s. 11.9351 or in excess of the authority of the delegate or 270 alternate delegate, the Attorney General shall inform the 271 delegates, alternate delegates, the President of the Senate, the 272 Speaker of the House of Representatives, and the Article V 273 convention that: 274 (1) The vote or attempt to vote did not comply with Florida 275 law, is void, and has no effect. 276 (2) The credentials of the delegate or alternate delegate 277 who is the subject of the determination are revoked. 278 Section 21. This act shall take effect July 1, 2014. 279 280 ================= T I T L E A M E N D M E N T ================ 281 And the title is amended as follows: 282 Delete everything before the enacting clause 283 and insert: 284 A bill to be entitled 285 An act relating to Article V constitutional 286 conventions; creating s. 11.93, F.S.; providing a 287 short title; creating s. 11.931, F.S.; providing for 288 applicability; creating s. 11.932, F.S.; providing 289 definitions; creating s. 11.933, F.S.; establishing 290 qualifications of delegates and alternate delegates to 291 an Article V constitutional convention; creating s. 292 11.9331, F.S.; providing for the appointment of 293 delegates by the Legislature; creating s. 11.9332, 294 F.S.; requiring majority vote approval in each chamber 295 for the appointment of delegates; creating s. 11.9333, 296 F.S.; authorizing the Legislature to recall a delegate 297 and fill a vacancy; authorizing the presiding officers 298 of the Legislature to call for a special legislative 299 session to fill a vacancy; creating s. 11.9334, F.S.; 300 establishing a legislative method for appointments and 301 recalls; creating s. 11.9335, F.S.; providing for the 302 reimbursement of delegates and alternate delegates for 303 per diem and travel expenses; creating s. 11.9336, 304 F.S.; requiring delegates and alternate delegates to 305 execute a written oath of responsibilities; creating 306 s. 11.9337, F.S.; providing for the filing of 307 delegates’ oaths and the issuance of commissions; 308 creating s. 11.934, F.S.; providing for instructions 309 to delegates and alternate delegates; creating s. 310 11.9341, F.S.; establishing duties of alternate 311 delegates; creating s. 11.9342, F.S.; establishing 312 circumstances under which a convention vote is 313 declared void; creating s. 11.9343, F.S.; providing 314 circumstances under which a delegate or alternate 315 delegate’s appointment is forfeited; creating s. 316 11.9344, F.S.; establishing circumstances under which 317 the application to call an Article V convention ceases 318 to be a continuing application and is deemed to have 319 no effect; creating s. 11.9345, F.S.; providing 320 penalties for a delegate or alternate delegate who 321 votes or attempts to vote outside the scope of the 322 Legislature’s instructions or the limits of the call 323 for a constitutional convention; creating ss. 11.935, 324 11.9351, and 11.9352, F.S.; establishing a delegate 325 advisory group, its membership, duties, and 326 responsibilities; providing an effective date.