Senate Bill 0066

    Florida Senate - 1999                                   SJR 66

    By Senator Grant





    13-109-99

  1                 Senate Joint Resolution No.     

  2         A joint resolution proposing an amendment to

  3         Section 3 of Article I of the State

  4         Constitution relating to religious freedom.

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  6  Be It Resolved by the Legislature of the State of Florida:

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  8         That the following amendment to Section 3 of Article I

  9  of the State Constitution is agreed to and shall be submitted

10  to the electors of this state for approval or rejection at the

11  next general election or at an earlier special election

12  specifically authorized by law for that purpose:

13                            ARTICLE I

14                      DECLARATION OF RIGHTS

15         SECTION 3.  Religious freedom.--There shall be no law

16  respecting the establishment of religion or prohibiting or

17  penalizing the free exercise thereof. The state or any

18  political subdivision or agency thereof shall not

19  substantially burden the free exercise of religion of any

20  person, even if the burden results from a rule of general

21  applicability. The state or any political subdivision or

22  agency thereof may substantially burden a person's free

23  exercise of religion only if the state or political

24  subdivision or agency thereof demonstrates that application of

25  the burden to the person is in furtherance of a compelling

26  interest of the state or a political subdivision or agency

27  thereof and is the least restrictive means of furthering that

28  compelling interest. The state or any political subdivision or

29  agency thereof shall not substantially burden the free

30  exercise of religion of any person incarcerated within any

31  correctional facility in the state, even if the burden results

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                   SJR 66
    13-109-99




  1  from a rule of general applicability. The state or any

  2  political subdivision or agency thereof may substantially

  3  burden the free exercise of religion of any person

  4  incarcerated within any correctional facility in the state

  5  only if the burden is in furtherance of a substantial

  6  penological interest and is the least restrictive means of

  7  furthering that substantial penological interest. Religious

  8  freedom shall not justify practices inconsistent with public

  9  morals, peace or safety.  No revenue of the state or any

10  political subdivision or agency thereof shall ever be taken

11  from the public treasury directly or indirectly in aid of any

12  church, sect, or religious denomination or in aid of any

13  sectarian institution.

14         BE IT FURTHER RESOLVED that the following statement be

15  placed on the ballot:

16                     CONSTITUTIONAL AMENDMENT

17         PROHIBITING STATE FROM SUBSTANTIALLY BURDENING THE FREE

18  EXERCISE OF RELIGION.--Proposing an amendment to the State

19  Constitution to prohibit the state from substantially

20  burdening the free exercise of religion of any person, except

21  upon demonstration that the burden is in furtherance of a

22  compelling interest or substantial penological interest and is

23  the least-restrictive means of furthering that interest.

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