Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1528
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2015           .                                
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       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