House Bill 0019

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    Florida House of Representatives - 2000                  HB 19

        By Representative Garcia






  1                      A bill to be entitled

  2         An act relating to religious liberty; providing

  3         legislative findings; providing legislative

  4         declarations relating to public display of the

  5         Ten Commandments and public expressions of

  6         religious faith; authorizing the public display

  7         of the Ten Commandments; requiring courts to

  8         exercise judicial power consistent with such

  9         declarations; providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  The Legislature finds that:

14         (1)  The Declaration of Independence declares that

15  governments are instituted to secure certain inalienable

16  rights, including life, liberty, and the pursuit of happiness,

17  with which all human beings are endowed by their Creator and

18  to which they are entitled by the laws of nature and of

19  nature's God.

20         (2)(a)  The First Amendment to the United States

21  Constitution secures rights against laws made by Congress

22  respecting an establishment of religion or prohibiting the

23  free exercise of religion.

24         (b)  The rights secured under the First Amendment to

25  the United States Constitution have been interpreted by courts

26  to be included among the provisions of the Fourteenth

27  Amendment to the United States Constitution which prohibits a

28  state from making or enforcing any law which abridges the

29  privileges or immunities of citizens of the United States or

30  depriving any person of life, liberty, or property without due

31  process of law.

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    Florida House of Representatives - 2000                  HB 19

    244-167-00






  1         (c)  The Tenth Amendment to the United States

  2  Constitution reserves to the states respectively the powers

  3  not delegated to the United States nor prohibited to the

  4  states.

  5         (3)(a)  The preamble to the State Constitution

  6  recognizes God as the source of the blessings of liberty.

  7         (b)  Section 3, Article I, of the State Constitution

  8  secures rights against laws made by the Legislature respecting

  9  an establishment of religion or prohibiting the free exercise

10  of religion, and section 9, Article I, of the State

11  Constitution prohibits depriving a person of life, liberty, or

12  property without due process of law.

13         (4)  Disputes and doubts have arisen with respect to

14  public displays of the Ten Commandments and to other public

15  expressions of religious faith.

16         Section 2.  (1)  DISPLAY OF TEN COMMANDMENTS.--

17         (a)  The power to display the Ten Commandments on or

18  within property owned or administered by this state or any

19  political subdivision of this state is hereby declared to be

20  among the powers reserved to this state.

21         (b)  The state or any political subdivision of the

22  state may display the Ten Commandments on or within any

23  property owned or administered by the state or any political

24  subdivision of the state.

25         (2)  EXPRESSION OF RELIGIOUS FAITH.--The expression of

26  religious faith by any person on or within property owned or

27  administered by this state or any political subdivision of

28  this state is hereby declared to be among:

29         (a)  The rights secured against laws respecting an

30  establishment of religion or prohibiting the free exercise of

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    Florida House of Representatives - 2000                  HB 19

    244-167-00






  1  religion made or enforced by this state or by any department

  2  or executive or judicial officer of this state.

  3         (b)  The liberties of which this state shall not

  4  deprive any person without due process of law made in

  5  pursuance of powers reserved to this state.

  6         (3)  EXERCISE OF JUDICIAL POWER.--The courts of this

  7  state shall exercise judicial power in a manner consistent

  8  with the declarations in this section.

  9         Section 3.  This act shall take effect upon becoming a

10  law.

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13                          HOUSE SUMMARY

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      Declares that the power to publicly display the Ten
15    Commandments is among the powers reserved to the state;
      that the public expression of religious faith by any
16    person is among the rights secured against laws made by
      the state respecting an establishment of religion or
17    prohibiting the free exercise of religion and among the
      liberties of which the state shall not deprive any person
18    without due process of law; and requires state courts to
      exercise judicial power in a manner consistent with such
19    declarations.

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