Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 1528 Ì123020TÎ123020 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/09/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 48 - 118 4 and insert: 5 (a) The commission may evaluate a federal law, agency 6 policy, mandate, or executive order when such action is agreed 7 to by a majority of the commission. 8 (b) The commission may request information regarding a 9 federal law, agency policy, mandate, or executive order from a 10 member of Florida’s Congressional Delegation to facilitate this 11 evaluation. 12 (c) If a majority of the commission finds that a federal 13 law, agency policy, mandate, or executive order is not 14 authorized by the powers delegated to the Federal Government or 15 any of its agencies under the United States Constitution or 16 violates the principle of federalism as described in subsection 17 (4), a co-chair of the commission may: 18 1. Request information about the federal law, agency 19 policy, mandate, or executive order or assistance from a member 20 of Florida’s Congressional Delegation in communicating with a 21 federal government entity regarding the federal law, agency 22 policy, mandate, or executive order; 23 2. Give written notice of an evaluation of the federal law, 24 agency policy, mandate, or executive order to the federal 25 government entity responsible for adopting or administering the 26 evaluated law, agency policy, mandate, or executive order and 27 request that the federal government entity respond to the 28 commission’s evaluation by a specific date; 29 3. Request a meeting, conducted in person or by electronic 30 means, with the responsible federal government entity or any 31 member of Congress to discuss the evaluated law, agency policy, 32 mandate, or executive order and any possible remedy; or 33 4. Correspond with the presiding officers of the 34 legislative branch of another state or with a government entity 35 of another state which has powers and duties that are similar to 36 those of the commission to discuss and coordinate the evaluation 37 of and response to the federal law, agency policy, mandate, or 38 executive order. 39 (d) If agreed upon by a majority vote, the commission may 40 recommend to the Governor that he or she call a special session 41 of the Legislature to respond to the evaluated law, agency 42 policy, mandate, or executive order. 43 (e) The commission shall maintain the following information 44 on the website of the Florida Legislature: 45 1. Each federal law, agency policy, mandate, or executive 46 order evaluated by the commission; 47 2. Any action taken by a co-chair of the commission under 48 paragraph (c); and 49 3. Any response to an evaluation received from a federal 50 government entity, official, or employee. 51 (4) EVALUATION.—The commission shall determine whether a 52 federal law, agency policy, mandate, or executive order 53 evaluated by the commission: 54 (a) Is authorized by any of the express enumerated powers 55 contained in the United States Constitution and duly ratified 56 amendments. 57 (b) Violates the principle of federalism by: 58 1. Affecting the distribution of power and responsibility 59 between the state and federal governments; 60 2. Limiting the policymaking discretion of the state; 61 3. Affecting a power or a right reserved to the state or 62 its residents by the Ninth Amendment or the Tenth Amendment to 63 the United States Constitution; and 64 4. Affecting the sovereignty rights and interests of the 65 state or a political subdivision to provide for the health, 66 safety, and welfare and to promote the prosperity of the 67 residents in the state or the political subdivision. 68 (5)(a) SOURCES.—In evaluating a federal law, agency policy, 69 mandate, or executive order, the commission shall rely on: 70 1. The text of the United States Constitution and duly 71 ratified amendments. 72 2. The meaning of the text of the United States 73 Constitution and duly ratified amendments at the time of 74 drafting and ratification. 75 3. A primary source document that is directly relevant to 76 the drafting, ratification, or initial implementation of the 77 United States Constitution and duly ratified amendments or 78 created by a person directly involved in the drafting, adoption, 79 ratification, or initial implementation of the United States 80 Constitution and duly ratified amendments. 81 (b) The commission may rely on other relevant sources, 82 including federal court decisions. However, the commission’s 83 evaluation of a federal law, agency policy, mandate, or 84 executive order is not bound by a holding by a 85 86 ================= T I T L E A M E N D M E N T ================ 87 And the title is amended as follows: 88 Delete lines 8 - 10 89 and insert: 90 providing criteria to evaluate a federal law, agency 91 policy, mandate, or executive order; specifying which 92 sources the commission may rely on in an evaluation; 93 requiring the