House Bill 0007

    Florida House of Representatives - 2000                  HJR 7

        By Representative C. Smith






  1                      House Joint Resolution

  2         A joint resolution proposing the creation of

  3         Section 26 of Article I of the State

  4         Constitution relating to the right of the state

  5         and other public entities to initiate action to

  6         remedy discrimination.

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

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

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

12  submitted to the electors of Florida for approval or rejection

13  at the general election to be held in November 2000:

14                            ARTICLE I

15                      DECLARATION OF RIGHTS

16         SECTION 26.  Right of state and other public entities

17  to initiate action to remedy discrimination.--

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

19  public college or university, or other political subdivision

20  or governmental instrumentality of or within the state, may

21  initiate action to remedy discrimination by means of specific

22  group-based preferences or numerical goals and specific

23  timetables for achieving those goals.

24         (b)  This section shall be self-executing.  If any

25  provision or provisions of this section are found to be in

26  conflict with federal law or the United States Constitution,

27  the section shall be implemented to the maximum extent that

28  federal law and the United States Constitution permit.  Any

29  provision held invalid shall be severable from the remaining

30  provisions of this section.

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






    Florida House of Representatives - 2000                  HJR 7

    727-111-00






  1         BE IT FURTHER RESOLVED that in accordance with the

  2  requirements of section 101.161, Florida Statutes, the title

  3  and substance of the amendment proposed herein shall appear on

  4  the ballot as follows:

  5             RIGHT OF STATE AND OTHER PUBLIC ENTITIES

  6           TO INITIATE ACTION TO REMEDY DISCRIMINATION

  7         Authorizes the state, or any county, municipality,

  8  district, public college or university, or other political

  9  subdivision or governmental instrumentality of or within the

10  state, to initiate action to remedy discrimination by means of

11  specific group-based preferences or numerical goals and

12  specific timetables for achieving those goals.  Provides for

13  severability and implementation to the maximum extent

14  permitted by federal law and the United States Constitution.

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