Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1318
       
       
       
       
       
       
                                Barcode 248738                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/06/2009           .                                
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       The Committee on Judiciary (Peaden) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 86.112, Florida Statutes, is created to
    6  read:
    7         86.112 Circuit court jurisdiction.—
    8         (1) The circuit court has jurisdiction to entertain actions
    9  for declaratory relief for cases brought to determine whether
   10  provisions of the State Constitution are unconstitutional under
   11  the United States Constitution.
   12         (a) Notwithstanding s. 86.091, any party seeking
   13  declaratory relief under this section shall name the Secretary
   14  of State as the proper defendant.
   15         (b) An action for declaratory relief under this section
   16  must be brought in Leon County.
   17         (c) If a provision of the State Constitution is found to be
   18  unconstitutional, the circuit court shall enter an order
   19  directing the Secretary of State to remove that provision from
   20  the State Constitution.
   21         (d) If the circuit court concludes, based on a showing of
   22  clear and convincing evidence, that there was voter confusion
   23  when adopting the unconstitutional provision, the court may not
   24  apply principles of severability and shall order that any other
   25  provision adopted along with the unconstitutional provision be
   26  removed from the State Constitution.
   27         (2) If such a request is made a part of the declaratory
   28  relief sought under subsection (1), the circuit court has the
   29  jurisdiction to:
   30         (a) Declare redundant any portion of the State Constitution
   31  the sole purpose of which is to provide statutory language and,
   32  on a finding of redundancy, enter an order directing the
   33  Secretary of State to remove the redundant material; or
   34         (b) Enter an order directing the Secretary of State to
   35  remove from the State Constitution any provisions previously
   36  deemed unconstitutional.
   37         (3) An appeal from the circuit court's order under this
   38  section may be taken by any adversely affected party pursuant to
   39  Florida Rule of Appellate Procedure 9.110.
   40         Section 2. This act shall take effect upon becoming a law.
   41  
   42  
   43  ================= T I T L E  A M E N D M E N T ================
   44         And the title is amended as follows:
   45         Delete everything before the enacting clause
   46  and insert:
   47                        A bill to be entitled                      
   48         An act relating to the jurisdiction of the circuit court;
   49  creating s. 86.112, F.S.; providing that the circuit court has
   50  jurisdiction to entertain an action for declaratory judgment to
   51  provide relief when the State Constitution is found
   52  unconstitutional under the United States Constitution; providing
   53  venue and party requirements; providing for the circuit court to
   54  issue an order directing the Secretary of State to remove
   55  unconstitutional provisions from the State Constitution;
   56  providing for the circuit court to order the removal of certain
   57  constitutional provisions if there is a showing that voters were
   58  confused at the adoption of the constitutional provision;
   59  authorizing the circuit court to declare certain provisions of
   60  the State Constitution redundant and to direct the Secretary of
   61  State to remove the redundant provisions; authorizing the
   62  circuit court to order the removal of provisions from the State
   63  Constitution previously deemed unconstitutional; providing for
   64  appellate review; providing an effective date.
   65