Senate Bill 1344c1

    Florida Senate - 2000                          CS for SJR 1344

    By the Committee on Judiciary and Senator Jones





    308-2187-00

  1                 Senate Joint Resolution No.     

  2         A joint resolution proposing the creation of

  3         Section 26 of Article I of the State

  4         Constitution relating to prohibiting

  5         discrimination in public employment, public

  6         education, and public procurement of goods and

  7         services.

  8

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

10

11         That the creation of Section 26 of Article I of the

12  State Constitution set forth below is agreed to and shall be

13  submitted to the electors of this State for approval or

14  rejection at the next general election or at an earlier

15  special election specifically authorized by law for that

16  purpose:

17                            ARTICLE I

18                      DECLARATION OF RIGHTS

19         SECTION 26.  Prohibition on discrimination by state and

20  other public or governmental entities in public employment,

21  public education, or public procurement of goods and

22  services.--

23         (a)  The state, or any municipality, county, district,

24  public college or university, or other political subdivision

25  or governmental instrumentality of or within the state, shall

26  not discriminate in public employment, public education, or

27  public procurement of goods and services against any person on

28  the basis of sex, race, ethnicity, color, or national origin.

29  It shall not constitute discrimination for the state, or any

30  municipality, county, district, public college or university,

31  or other political subdivision or governmental instrumentality

                                  1

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






    Florida Senate - 2000                          CS for SJR 1344
    308-2187-00




  1  of or within the state, to take affirmative action to promote

  2  equal opportunity to the extent permissible under the United

  3  States Constitution.

  4         (b)  This section does not invalidate any court order

  5  or consent decree that is in force as of the effective date of

  6  this section, nor does it prohibit action taken to establish

  7  or maintain eligibility for any federal program.

  8         BE IT FURTHER RESOLVED that the following statement be

  9  placed on the ballot:

10                     CONSTITUTIONAL AMENDMENT

11                      ARTICLE I, SECTION 26

12         FLORIDA PUBLIC SECTOR EQUAL OPPORTUNITY

13  INITIATIVE.--Proposing an amendment to the State Constitution

14  to prohibit the state and other public or governmental

15  entities therein from discriminating against any person on the

16  basis of sex, race, ethnicity, color, or national origin in

17  public employment, public education, or public procurement of

18  goods and services; to allow affirmative action to the extent

19  permitted by the United States Constitution; and to exempt

20  certain court orders, consent decrees, and federal-program

21  requirements.

22

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                             SJR 1344

25

26  Replaces the phrase "public contracting" with the phrase
    "public procurement of goods and services" in order to clarify
27  that the prohibition against discrimination by the government
    applies only to public business contracts.
28
    Deletes the bill's provisions referencing numerical quotas in
29  order to clarify that federal law will govern the extent to
    which affirmative action programs are offered.
30

31

                                  2