Florida Senate - 2011 CS for CS for SJR 1538 By the Committees on Rules; and Judiciary; and Senator Flores 595-04679-11 20111538c2 1 Senate Joint Resolution 2 A joint resolution proposing the creation of Section 3 28 of Article I of the State Constitution to generally 4 prohibit public funding of abortions and prohibit the 5 State Constitution from being interpreted to create 6 broader rights to an abortion than those contained in 7 the United States Constitution. 8 9 Be It Resolved by the Legislature of the State of Florida: 10 11 That the following creation of Section 28 of Article I of 12 the State Constitution is agreed to and shall be submitted to 13 the electors of this state for approval or rejection at the next 14 general election or at an earlier special election specifically 15 authorized by law for that purpose: 16 ARTICLE I 17 DECLARATION OF RIGHTS 18 SECTION 28. Prohibition on public funding of abortions; 19 construction of abortion rights.— 20 (a) Public funds may not be expended for any abortion or 21 for health-benefits coverage that includes coverage of abortion. 22 This subsection does not apply to: 23 (1) Expenditures required by federal law; 24 (2) An abortion that is necessary to save the life of the 25 mother or in the case where a woman suffers from a physical 26 disorder, physical injury, or physical illness, including a 27 life-endangering, physical condition caused by or arising from 28 the pregnancy itself, which would, as certified by a physician, 29 place the woman in danger of death unless an abortion is 30 performed; or 31 (3) Pregnancies that result from rape or incest. 32 (b) This constitution may not be interpreted to create 33 broader rights to an abortion than those contained in the United 34 States Constitution. 35 BE IT FURTHER RESOLVED that the following statement be 36 placed on the ballot: 37 CONSTITUTIONAL AMENDMENT 38 ARTICLE I, SECTION 28 39 PROHIBITION ON PUBLIC FUNDING OF ABORTIONS; CONSTRUCTION OF 40 ABORTION RIGHTS.—This proposed amendment provides that public 41 funds may not be expended for any abortion or for health 42 benefits coverage that includes coverage of abortion. This 43 prohibition does not apply to expenditures required by federal 44 law, an abortion that is necessary to save the life of the 45 mother, or cases of rape or incest. 46 This proposed amendment provides that the State 47 Constitution may not be interpreted to create broader rights to 48 an abortion than those contained in the United States 49 Constitution. With respect to abortion, this proposed amendment 50 overrules court decisions which conclude that the right of 51 privacy under Article I, Section 23 of the State Constitution is 52 broader in scope than that of the United States Constitution.