CS/HJR 1179

1
House Joint Resolution
2A joint resolution proposing the creation of Section 28 of
3Article I of the State Constitution to generally prohibit
4public funding of abortions and prohibit the State
5Constitution from being interpreted to create broader
6rights to an abortion than those contained in the United
7States Constitution.
8
9Be It Resolved by the Legislature of the State of Florida:
10
11     That the following creation of Section 28 of Article I of
12the State Constitution is agreed to and shall be submitted to
13the electors of this state for approval or rejection at the next
14general election or at an earlier special election specifically
15authorized by law for that purpose:
16
ARTICLE I
17
DECLARATION OF RIGHTS
18     SECTION 28.  Prohibition on public funding of abortions;
19construction of abortion rights.-
20     (a)  Public funds may not be expended for any abortion or
21for health-benefits coverage that includes coverage of abortion.
22This subsection does not apply to:
23     (1)  An expenditure required by federal law;
24     (2)  A case in which a woman suffers from a physical
25disorder, physical injury, or physical illness, including a
26life-endangering, physical condition caused by or arising from
27the pregnancy itself, which would, as certified by a physician,
28place the woman in danger of death unless an abortion is
29performed; or
30     (3)  A pregnancy that results from rape or incest.
31     (b)  This constitution may not be interpreted to create
32broader rights to an abortion than those contained in the United
33States Constitution.
34     BE IT FURTHER RESOLVED that the following statement be
35placed on the ballot:
36
CONSTITUTIONAL AMENDMENT
37
ARTICLE I, SECTION 28
38     PROHIBITION ON PUBLIC FUNDING OF ABORTIONS; CONSTRUCTION OF
39ABORTION RIGHTS.-This proposed amendment provides that public
40funds may not be expended for any abortion or for health-
41benefits coverage that includes coverage of abortion. This
42prohibition does not apply to an expenditure required by federal
43law, a case in which a woman suffers from a physical disorder,
44physical injury, or physical illness that would place her in
45danger of death unless an abortion is performed, or a case of
46rape or incest.
47     This proposed amendment provides that the State
48Constitution may not be interpreted to create broader rights to
49an abortion than those contained in the United States
50Constitution. With respect to abortion, this proposed amendment
51overrules court decisions which conclude that the right of
52privacy under Article I, Section 23 of the State Constitution is
53broader in scope than that of the United States Constitution.


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