Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1008
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       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         11.9351Oversight 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.