Florida Senate - 2014 SB 1008 By Senator Stargel 15-00197-14 20141008__ 1 A bill to be entitled 2 An act relating to Article V constitutional 3 conventions; creating s. 11.93, F.S.; providing a 4 short title; creating s. 11.931, F.S.; providing for 5 applicability; creating s. 11.932, F.S.; providing 6 definitions; creating s. 11.933, F.S.; establishing 7 qualifications of delegates and alternate delegates to 8 an Article V constitutional convention; creating s. 9 11.9331, F.S.; providing for the appointment of 10 delegates by the Legislature; creating s. 11.9332, 11 F.S.; requiring majority vote approval in each chamber 12 for the appointment of delegates; creating s. 11.9333, 13 F.S.; authorizing the Legislature to recall a delegate 14 and fill a vacancy; authorizing the Governor to call a 15 special legislative session to fill a vacancy; 16 creating s. 11.9334, F.S.; establishing a legislative 17 method for appointments and recalls; creating s. 18 11.9335, F.S.; providing for the reimbursement of 19 delegates and alternate delegates for per diem and 20 travel expenses; creating s. 11.9336, F.S.; requiring 21 delegates and alternate delegates to execute a written 22 oath of responsibilities; creating s. 11.9337, F.S.; 23 providing for the filing of delegates’ oaths and the 24 issuance of commissions; creating s. 11.934, F.S.; 25 providing for instructions to delegates and alternate 26 delegates; creating s. 11.9341, F.S.; establishing 27 duties of alternate delegates; creating s. 11.9342, 28 F.S.; establishing circumstances under which a 29 convention vote is declared void; creating s. 11.9343, 30 F.S.; providing circumstances under which a delegate 31 or alternate delegate’s appointment is forfeited; 32 creating s. 11.9344, F.S.; establishing circumstances 33 under which the application to call an Article V 34 convention ceases to be a continuing application and 35 is deemed to have no effect; creating s. 11.9345, 36 F.S.; providing penalties for a delegate or alternate 37 delegate who votes or attempts to vote outside the 38 scope of the Legislature’s instructions or the limits 39 of the call for a constitutional convention; creating 40 ss. 11.935, 11.9351, and 11.9352, F.S.; establishing a 41 delegate advisory group, its membership, duties, and 42 responsibilities; providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Section 11.93, Florida Statutes, is created to 47 read: 48 11.93 Short title.—Sections 11.93-11.9352 may be cited as 49 the “Article V Constitutional Convention Act.” 50 Section 2. Section 11.931, Florida Statutes, is created to 51 read: 52 11.931 Applicability.—Sections 11.93-11.9352 shall apply 53 when an Article V convention is called for the purpose of 54 proposing amendments to the Constitution of the United States. 55 Section 3. Section 11.932, Florida Statutes, is created to 56 read: 57 11.932 Definitions.—As used in ss. 11.93-11.9352, the term: 58 (1) “Alternate delegate” means an individual who is 59 appointed as an alternate delegate as provided by law. 60 (2) “Article V convention” means a convention called for by 61 the states under Article V of the Constitution of the United 62 States for the purpose of proposing amendments to the 63 Constitution of the United States. 64 (3) “Chamber” means either the Senate or the House of 65 Representatives. 66 (4) “Delegate” means an individual appointed to represent 67 Florida at an Article V convention. 68 (5) “Paired delegate” means the delegate with whom an 69 alternate delegate is paired. 70 Section 4. Section 11.933, Florida Statutes, is created to 71 read: 72 11.933 Qualifications of delegates and alternate 73 delegates.— 74 (1) To be appointed as a delegate or alternate delegate to 75 an Article V convention, a person must: 76 (a) Reside in this state. 77 (b) Be a registered voter in this state. 78 (c) Not be registered or required to be registered as a 79 lobbyist under the laws of this state. 80 (2) A person may not be appointed as a delegate if he or 81 she holds a federal office. 82 Section 5. Section 11.9331, Florida Statutes, is created to 83 read: 84 11.9331 Appointment of delegates by Legislature.— 85 (1) Whenever an Article V convention is called, the Senate 86 and House of Representatives shall appoint, under rules adopted 87 jointly by the Senate and House of Representatives: 88 (a) The number of delegates allocated to represent Florida. 89 (b) An equal number of alternate delegates. 90 (2) Unless otherwise established by the rules of procedure 91 of an Article V convention, it is presumed that Florida has two 92 delegates and two alternate delegates designated to represent 93 the state. 94 (3) If the Legislature is not in session when delegates 95 must be appointed, the Governor shall call the Legislature into 96 special session pursuant to s. 3(c), Art. III of the State 97 Constitution for the purpose of appointing delegates and 98 alternate delegates. 99 Section 6. Section 11.9332, Florida Statutes, is created to 100 read: 101 11.9332 Appointment by majority vote of each chamber; 102 pairing delegates and alternate delegates.— 103 (1) To be appointed as a delegate or an alternate delegate, 104 a person must receive, in each chamber, the vote of a majority 105 of all the members elected to that chamber. 106 (2) At the time of appointment, each alternate delegate 107 must be paired with a delegate as provided by a concurrent 108 resolution adopted by the Legislature. 109 Section 7. Section 11.9333, Florida Statutes, is created to 110 read: 111 11.9333 Recall; filling a vacancy; special legislative 112 session.— 113 (1) The Legislature may, at any time, recall a delegate or 114 alternate delegate and replace that delegate or alternate 115 delegate with an individual appointed under ss. 11.93-11.9352. 116 (2) The Legislature may, at any time, fill a vacancy in the 117 office of delegate or alternate delegate with a person appointed 118 under ss. 11.93-11.9352. If the Legislature is not in session 119 when a vacancy occurs with respect to both a delegate and the 120 paired alternate delegate, the Governor shall call the 121 Legislature into special session pursuant to s. 3(c), Art. III 122 of the State Constitution for the purpose of appointing a 123 delegate and an alternate delegate to fill the vacancies. 124 Section 8. Section 11.9334, Florida Statutes, is created to 125 read: 126 11.9334 Method of appointment and recall.—The Legislature 127 shall appoint or recall delegates or alternate delegates by 128 concurrent resolution. 129 Section 9. Section 11.9335, Florida Statutes, is created to 130 read: 131 11.9335 Reimbursement of per diem and travel expenses.—A 132 delegate or alternate delegate shall serve without compensation 133 but may be reimbursed for per diem and travel expenses pursuant 134 to s. 112.061. 135 Section 10. Section 11.9336, Florida Statutes, is created 136 to read: 137 11.9336 Oath.—Each delegate and alternate delegate shall, 138 before exercising any function of the position, execute an oath 139 in writing that the delegate or alternate delegate will: 140 (1) Support the Constitution of the United States and the 141 State Constitution. 142 (2) Faithfully abide by and execute any instructions to 143 delegates and alternate delegates adopted by the Legislature. 144 (3) Otherwise faithfully discharge the duties of a delegate 145 or alternate delegate. 146 Section 11. Section 11.9337, Florida Statutes, is created 147 to read: 148 11.9337 Filing of oath; issuance of commission.—The 149 executed oath of a delegate or alternate delegate shall be filed 150 with the Secretary of State. After the oath is filed, the 151 Governor shall issue a commission to the delegate or alternate 152 delegate. 153 Section 12. Section 11.934, Florida Statutes, is created to 154 read: 155 11.934 Instructions to delegates.— 156 (1) When delegates and alternate delegates are appointed, 157 the Legislature shall adopt a concurrent resolution to provide 158 instructions to the delegates and alternate delegates regarding 159 the rules of procedure and any other matter relating to the 160 Article V convention that the Legislature considers necessary. 161 (2) The Legislature may amend the instructions at any time 162 by concurrent resolution. 163 Section 13. Section 11.9341, Florida Statutes, is created 164 to read: 165 11.9341 Duties of alternate delegates.—An alternate 166 delegate: 167 (1) Shall act in the place of the paired delegate when the 168 paired delegate is absent from the Article V convention. 169 (2) Replaces the paired delegate if the alternate 170 delegate’s paired delegate vacates the office. 171 Section 14. Section 11.9342, Florida Statutes, is created 172 to read: 173 11.9342 Vote cast outside the scope of instructions or 174 limits; status of vote.—A vote cast by a delegate or an 175 alternate delegate at an Article V convention is void if the 176 vote is outside the scope of: 177 (1) The instructions established by a concurrent resolution 178 adopted pursuant to ss. 11.93-11.9352; or 179 (2) The limits placed by the Legislature in a concurrent 180 resolution or memorial that calls for an Article V convention 181 for the purpose of proposing one or more amendments to the 182 Constitution of the United States on the subjects and amendments 183 that may be considered by the Article V convention. 184 Section 15. Section 11.9343, Florida Statutes, is created 185 to read: 186 11.9343 Vote cast outside the scope of instructions or 187 limits; appointment forfeited.— 188 (1) A delegate or alternate delegate forfeits his or her 189 appointment by virtue of a vote or attempt to vote that is 190 outside the scope of: 191 (a) The instructions established by a concurrent resolution 192 adopted pursuant to ss. 11.93-11.9352; or 193 (b) The limits placed by the Legislature in a concurrent 194 resolution or memorial that calls for an Article V convention 195 for the purpose of proposing one or more amendments to the 196 Constitution of the United States on the subjects and amendments 197 that may be considered by the Article V convention. 198 (2) If a delegate forfeits an appointment under subsection 199 (1), the paired alternate delegate of the delegate becomes the 200 delegate at the time the forfeiture of the appointment occurs. 201 Section 16. Section 11.9344, Florida Statutes, is created 202 to read: 203 11.9344 Vote cast outside the scope of instructions or 204 limits; status of application.—The application of the 205 Legislature to call an Article V convention for proposing 206 amendments to the Constitution of the United States ceases to be 207 a continuing application and shall be treated as having no 208 effect if all of the delegates and alternate delegates vote or 209 attempt to vote outside the scope of: 210 (1) The instructions established by a concurrent resolution 211 adopted pursuant to ss. 11.93-11.9352; or 212 (2) The limits placed by the Legislature in a concurrent 213 resolution or memorial that calls for an Article V convention 214 for the purpose of proposing one or more amendments to the 215 Constitution of the United States on the subjects and amendments 216 that may be considered by the Article V convention. 217 Section 17. Section 11.9345, Florida Statutes, is created 218 to read: 219 11.9345 Vote cast outside the scope of instructions; 220 criminal liability.—A delegate or alternate delegate commits a 221 felony of the third degree, punishable as provided in s. 775.082 222 or s. 775.083, who knowingly or intentionally votes or attempts 223 to vote outside the scope of: 224 (1) The instructions established by a concurrent resolution 225 adopted pursuant to ss. 11.93-11.9352; or 226 (2) The limits placed by the Legislature in a concurrent 227 resolution or memorial that calls for an Article V convention 228 for the purpose of proposing one or more amendments to the 229 Constitution of the United States on the subjects and amendments 230 that may be considered by the Article V convention. 231 Section 18. Section 11.935, Florida Statutes, is created to 232 read: 233 11.935 Article V convention advisory group.— 234 (1) As used in this section, the term “advisory group” 235 means the Article V convention delegate advisory group. 236 (2) The advisory group consists of the following members: 237 (a) The Chief Justice of the Supreme Court, who shall serve 238 as the chair. 239 (b) An attorney appointed by the President of the Senate. 240 (c) An attorney appointed by the Speaker of the House of 241 Representatives. 242 (3) The advisory group shall meet at the call of the chair 243 and shall establish the policies and procedures that the 244 advisory group determines necessary to carry out ss. 11.93 245 11.9352. 246 (4) Upon the request of a delegate or alternate delegate, 247 the advisory group shall advise the delegate or alternate 248 delegate whether there is reason to believe that an action or an 249 attempt to take an action by a delegate or alternate delegate 250 would: 251 (a) Violate the instructions established by a concurrent 252 resolution adopted by the Legislature under ss. 11.93-11.9352; 253 or 254 (b) Exceed the limits placed by the Legislature in a 255 concurrent resolution or memorial that calls for an Article V 256 convention for the purpose of proposing one or more amendments 257 to the Constitution of the United States on the subjects and 258 amendments that may be considered by the Article V convention. 259 (5) The advisory group: 260 (a) May render an advisory determination under this section 261 in any summary manner considered appropriate by the advisory 262 group. 263 (b) Shall render an advisory determination under this 264 section within 24 hours after receiving a request for a 265 determination. 266 (c) Shall transmit a copy of an advisory determination 267 under this section in the most expeditious manner possible to 268 the delegate or alternate delegate who requested the advisory 269 determination. 270 (d) If the advisory group renders an advisory determination 271 under this section, the advisory group may also take an action 272 permitted under s. 11.9351. 273 Section 19. Section 11.9351, Florida Statutes, is created 274 to read: 275 11.9351 Oversight of delegates with respect to 276 instructions.— 277 (1) The advisory group, on its own motion, or upon the 278 request of the President of the Senate, the Speaker of the House 279 of Representatives, or the Attorney General, shall advise the 280 Attorney General whether there is reason to believe that a vote 281 or an attempt to vote by a delegate or alternate delegate has: 282 (a) Violated the instructions established by a concurrent 283 resolution adopted by the Legislature under ss. 11.93-11.9352; 284 or 285 (b) Exceeded the limits placed by the Legislature in a 286 concurrent resolution or memorial that calls for an Article V 287 convention for the purpose of proposing one or more amendments 288 to the Constitution of the United States on the subjects and 289 amendments that may be considered by the Article V convention. 290 (2) The advisory group shall issue the advisory 291 determination under this section by one of the following summary 292 procedures: 293 (a) Without notice or an evidentiary proceeding; or 294 (b) After a hearing conducted by the advisory group. 295 (3) The advisory group shall render an advisory 296 determination under this section within 24 hours after receiving 297 a request for an advisory determination. 298 (4) The advisory group shall transmit a copy of an advisory 299 determination in the most expeditious manner possible to the 300 Attorney General. 301 Section 20. Section 11.9352, Florida Statutes, is created 302 to read: 303 11.9352 Advisory determination concerning a vote outside 304 the scope of instructions.—Immediately, upon receipt of an 305 advisory determination that finds that a vote or attempt to vote 306 by a delegate or alternate delegate is a violation as described 307 in s. 11.9351 or in excess of the authority of the delegate or 308 alternate delegate, the Attorney General shall inform the 309 delegates, alternate delegates, the President of the Senate, the 310 Speaker of the House of Representatives, and the Article V 311 convention that: 312 (1) The vote or attempt to vote did not comply with Florida 313 law, is void, and has no effect. 314 (2) The credentials of the delegate or alternate delegate 315 who is the subject of the determination are revoked. 316 Section 21. This act shall take effect July 1, 2014.