Florida Senate - 2017                                   SJR 1098
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00448-17                                            20171098__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         22 of Article III of the State Constitution to provide
    4         for legislative review of a judicial ruling declaring
    5         a legislative act void.
    6          
    7  Be It Resolved by the Legislature of the State of Florida:
    8  
    9         That the following creation of Section 22 of Article III of
   10  the State Constitution is agreed to and shall be submitted to
   11  the electors of this state for approval or rejection at the next
   12  general election or at an earlier special election specifically
   13  authorized by law for that purpose:
   14                             ARTICLE III                           
   15                             LEGISLATURE                           
   16         SECTION 22. Legislative review of judicial ruling declaring
   17  a legislative act void.—Any law, resolution, or other
   18  legislative act declared void by the supreme court, district
   19  court of appeal, circuit court, or county court of this state
   20  may be deemed active and operational, notwithstanding the
   21  court’s ruling, if agreed to by the legislature pursuant to a
   22  resolution adopted by a two-thirds vote of each house within
   23  five years after the date that the ruling becomes final. Such
   24  resolution is exempt from section 8 of this article and shall
   25  take effect immediately upon passage.
   26         BE IT FURTHER RESOLVED that the following statement be
   27  placed on the ballot:
   28                      CONSTITUTIONAL AMENDMENT                     
   29                       ARTICLE III, SECTION 22                     
   30         LEGISLATIVE REVIEW OF JUDICIAL RULING DECLARING A
   31  LEGISLATIVE ACT VOID.—Proposing an amendment to the State
   32  Constitution to allow the Legislature, by a resolution adopted
   33  by two-thirds vote of each house, to declare a law or other
   34  legislative act active and operational after being declared void
   35  by the Supreme Court or a lower state or county court if adopted
   36  within 5 years after the court’s ruling. The amendment provides
   37  that the resolution is not subject to veto by the Governor and
   38  takes effect immediately.