HJR 25

1
House Joint Resolution
2A joint resolution proposing the creation of Section
328 of Article I of the State Constitution to assert
4the sovereignty of the state and declare the right of
5the people of the state to refuse to comply with
6unconstitutional federal mandates or certain
7compulsory federal legislation.
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.  Sovereignty of the state; refusal to comply
19with unconstitutional federal mandates or certain compulsory
20federal legislation.-
21     (a)  The people of this state assert their residual and
22inviolable sovereignty under the Tenth Amendment to the
23Constitution of the United States over all powers not otherwise
24enumerated and granted to the Federal Government by that
25Constitution.
26     (b)  The people of this state also refuse to comply with
27mandates issued by any branch of the Federal Government which
28are beyond the scope of such constitutionally delegated powers
29and demand that the Federal Government cease and desist from
30issuing mandates that are beyond the scope of such powers.
31     (c)  The people of this state further refuse to recognize
32or comply with any compulsory federal legislation that directs
33the state to comply or requires the state to pass specific
34legislation in order not to lose federal funding and demand that
35any such existing legislation be repealed.
36     BE IT FURTHER RESOLVED that the following statement be
37placed on the ballot:
38
CONSTITUTIONAL AMENDMENT
39
ARTICLE I, SECTION 28
40     SOVEREIGNTY OF THE STATE.-This proposed amendment to the
41State Constitution asserts the sovereignty of this state, under
42the Tenth Amendment to the Constitution of the United States, to
43all powers that are not otherwise granted to the Federal
44Government. It also declares the right of the people to refuse
45to comply with federal mandates that exceed the scope of powers
46constitutionally delegated to the Federal Government and demands
47that the Federal Government stop issuing mandates that exceed
48its lawful powers. The proposed amendment further provides that
49the people of this state may refuse to recognize or comply with
50federal legislation that requires compliance or the passage of
51state legislation to prevent the loss of federal funding and
52demands that such existing legislation be repealed.


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