Florida Senate - 2014                                    SB 1008
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-00197-14                                           20141008__
    1                        A bill to be entitled                      
    2         An act relating to Article V constitutional
    3         conventions; creating s. 11.93, F.S.; providing a
    4         short title; creating s. 11.931, F.S.; providing for
    5         applicability; creating s. 11.932, F.S.; providing
    6         definitions; creating s. 11.933, F.S.; establishing
    7         qualifications of delegates and alternate delegates to
    8         an Article V constitutional convention; creating s.
    9         11.9331, F.S.; providing for the appointment of
   10         delegates by the Legislature; creating s. 11.9332,
   11         F.S.; requiring majority vote approval in each chamber
   12         for the appointment of delegates; creating s. 11.9333,
   13         F.S.; authorizing the Legislature to recall a delegate
   14         and fill a vacancy; authorizing the Governor to call a
   15         special legislative session to fill a vacancy;
   16         creating s. 11.9334, F.S.; establishing a legislative
   17         method for appointments and recalls; creating s.
   18         11.9335, F.S.; providing for the reimbursement of
   19         delegates and alternate delegates for per diem and
   20         travel expenses; creating s. 11.9336, F.S.; requiring
   21         delegates and alternate delegates to execute a written
   22         oath of responsibilities; creating s. 11.9337, F.S.;
   23         providing for the filing of delegates’ oaths and the
   24         issuance of commissions; creating s. 11.934, F.S.;
   25         providing for instructions to delegates and alternate
   26         delegates; creating s. 11.9341, F.S.; establishing
   27         duties of alternate delegates; creating s. 11.9342,
   28         F.S.; establishing circumstances under which a
   29         convention vote is declared void; creating s. 11.9343,
   30         F.S.; providing circumstances under which a delegate
   31         or alternate delegate’s appointment is forfeited;
   32         creating s. 11.9344, F.S.; establishing circumstances
   33         under which the application to call an Article V
   34         convention ceases to be a continuing application and
   35         is deemed to have no effect; creating s. 11.9345,
   36         F.S.; providing penalties for a delegate or alternate
   37         delegate who votes or attempts to vote outside the
   38         scope of the Legislature’s instructions or the limits
   39         of the call for a constitutional convention; creating
   40         ss. 11.935, 11.9351, and 11.9352, F.S.; establishing a
   41         delegate advisory group, its membership, duties, and
   42         responsibilities; providing an effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Section 11.93, Florida Statutes, is created to
   47  read:
   48         11.93 Short title.—Sections 11.93-11.9352 may be cited as
   49  the “Article V Constitutional Convention Act.”
   50         Section 2. Section 11.931, Florida Statutes, is created to
   51  read:
   52         11.931 Applicability.—Sections 11.93-11.9352 shall apply
   53  when an Article V convention is called for the purpose of
   54  proposing amendments to the Constitution of the United States.
   55         Section 3. Section 11.932, Florida Statutes, is created to
   56  read:
   57         11.932 Definitions.—As used in ss. 11.93-11.9352, the term:
   58         (1) “Alternate delegate” means an individual who is
   59  appointed as an alternate delegate as provided by law.
   60         (2) “Article V convention” means a convention called for by
   61  the states under Article V of the Constitution of the United
   62  States for the purpose of proposing amendments to the
   63  Constitution of the United States.
   64         (3) “Chamber” means either the Senate or the House of
   65  Representatives.
   66         (4) “Delegate” means an individual appointed to represent
   67  Florida at an Article V convention.
   68         (5) “Paired delegate” means the delegate with whom an
   69  alternate delegate is paired.
   70         Section 4. Section 11.933, Florida Statutes, is created to
   71  read:
   72         11.933 Qualifications of delegates and alternate
   73  delegates.—
   74         (1) To be appointed as a delegate or alternate delegate to
   75  an Article V convention, a person must:
   76         (a) Reside in this state.
   77         (b) Be a registered voter in this state.
   78         (c) Not be registered or required to be registered as a
   79  lobbyist under the laws of this state.
   80         (2) A person may not be appointed as a delegate if he or
   81  she holds a federal office.
   82         Section 5. Section 11.9331, Florida Statutes, is created to
   83  read:
   84         11.9331 Appointment of delegates by Legislature.—
   85         (1) Whenever an Article V convention is called, the Senate
   86  and House of Representatives shall appoint, under rules adopted
   87  jointly by the Senate and House of Representatives:
   88         (a) The number of delegates allocated to represent Florida.
   89         (b) An equal number of alternate delegates.
   90         (2) Unless otherwise established by the rules of procedure
   91  of an Article V convention, it is presumed that Florida has two
   92  delegates and two alternate delegates designated to represent
   93  the state.
   94         (3) If the Legislature is not in session when delegates
   95  must be appointed, the Governor shall call the Legislature into
   96  special session pursuant to s. 3(c), Art. III of the State
   97  Constitution for the purpose of appointing delegates and
   98  alternate delegates.
   99         Section 6. Section 11.9332, Florida Statutes, is created to
  100  read:
  101         11.9332 Appointment by majority vote of each chamber;
  102  pairing delegates and alternate delegates.—
  103         (1) To be appointed as a delegate or an alternate delegate,
  104  a person must receive, in each chamber, the vote of a majority
  105  of all the members elected to that chamber.
  106         (2) At the time of appointment, each alternate delegate
  107  must be paired with a delegate as provided by a concurrent
  108  resolution adopted by the Legislature.
  109         Section 7. Section 11.9333, Florida Statutes, is created to
  110  read:
  111         11.9333 Recall; filling a vacancy; special legislative
  112  session.—
  113         (1) The Legislature may, at any time, recall a delegate or
  114  alternate delegate and replace that delegate or alternate
  115  delegate with an individual appointed under ss. 11.93-11.9352.
  116         (2) The Legislature may, at any time, fill a vacancy in the
  117  office of delegate or alternate delegate with a person appointed
  118  under ss. 11.93-11.9352. If the Legislature is not in session
  119  when a vacancy occurs with respect to both a delegate and the
  120  paired alternate delegate, the Governor shall call the
  121  Legislature into special session pursuant to s. 3(c), Art. III
  122  of the State Constitution for the purpose of appointing a
  123  delegate and an alternate delegate to fill the vacancies.
  124         Section 8. Section 11.9334, Florida Statutes, is created to
  125  read:
  126         11.9334 Method of appointment and recall.—The Legislature
  127  shall appoint or recall delegates or alternate delegates by
  128  concurrent resolution.
  129         Section 9. Section 11.9335, Florida Statutes, is created to
  130  read:
  131         11.9335 Reimbursement of per diem and travel expenses.—A
  132  delegate or alternate delegate shall serve without compensation
  133  but may be reimbursed for per diem and travel expenses pursuant
  134  to s. 112.061.
  135         Section 10. Section 11.9336, Florida Statutes, is created
  136  to read:
  137         11.9336 Oath.—Each delegate and alternate delegate shall,
  138  before exercising any function of the position, execute an oath
  139  in writing that the delegate or alternate delegate will:
  140         (1) Support the Constitution of the United States and the
  141  State Constitution.
  142         (2) Faithfully abide by and execute any instructions to
  143  delegates and alternate delegates adopted by the Legislature.
  144         (3) Otherwise faithfully discharge the duties of a delegate
  145  or alternate delegate.
  146         Section 11. Section 11.9337, Florida Statutes, is created
  147  to read:
  148         11.9337 Filing of oath; issuance of commission.—The
  149  executed oath of a delegate or alternate delegate shall be filed
  150  with the Secretary of State. After the oath is filed, the
  151  Governor shall issue a commission to the delegate or alternate
  152  delegate.
  153         Section 12. Section 11.934, Florida Statutes, is created to
  154  read:
  155         11.934 Instructions to delegates.—
  156         (1) When delegates and alternate delegates are appointed,
  157  the Legislature shall adopt a concurrent resolution to provide
  158  instructions to the delegates and alternate delegates regarding
  159  the rules of procedure and any other matter relating to the
  160  Article V convention that the Legislature considers necessary.
  161         (2) The Legislature may amend the instructions at any time
  162  by concurrent resolution.
  163         Section 13. Section 11.9341, Florida Statutes, is created
  164  to read:
  165         11.9341 Duties of alternate delegates.—An alternate
  166  delegate:
  167         (1) Shall act in the place of the paired delegate when the
  168  paired delegate is absent from the Article V convention.
  169         (2) Replaces the paired delegate if the alternate
  170  delegate’s paired delegate vacates the office.
  171         Section 14. Section 11.9342, Florida Statutes, is created
  172  to read:
  173         11.9342 Vote cast outside the scope of instructions or
  174  limits; status of vote.—A vote cast by a delegate or an
  175  alternate delegate at an Article V convention is void if the
  176  vote is outside the scope of:
  177         (1) The instructions established by a concurrent resolution
  178  adopted pursuant to ss. 11.93-11.9352; or
  179         (2) The limits placed by the Legislature in a concurrent
  180  resolution or memorial that calls for an Article V convention
  181  for the purpose of proposing one or more amendments to the
  182  Constitution of the United States on the subjects and amendments
  183  that may be considered by the Article V convention.
  184         Section 15. Section 11.9343, Florida Statutes, is created
  185  to read:
  186         11.9343 Vote cast outside the scope of instructions or
  187  limits; appointment forfeited.—
  188         (1) A delegate or alternate delegate forfeits his or her
  189  appointment by virtue of a vote or attempt to vote that is
  190  outside the scope of:
  191         (a) The instructions established by a concurrent resolution
  192  adopted pursuant to ss. 11.93-11.9352; or
  193         (b) The limits placed by the Legislature in a concurrent
  194  resolution or memorial that calls for an Article V convention
  195  for the purpose of proposing one or more amendments to the
  196  Constitution of the United States on the subjects and amendments
  197  that may be considered by the Article V convention.
  198         (2) If a delegate forfeits an appointment under subsection
  199  (1), the paired alternate delegate of the delegate becomes the
  200  delegate at the time the forfeiture of the appointment occurs.
  201         Section 16. Section 11.9344, Florida Statutes, is created
  202  to read:
  203         11.9344 Vote cast outside the scope of instructions or
  204  limits; status of application.—The application of the
  205  Legislature to call an Article V convention for proposing
  206  amendments to the Constitution of the United States ceases to be
  207  a continuing application and shall be treated as having no
  208  effect if all of the delegates and alternate delegates vote or
  209  attempt to vote outside the scope of:
  210         (1) The instructions established by a concurrent resolution
  211  adopted pursuant to ss. 11.93-11.9352; or
  212         (2) The limits placed by the Legislature in a concurrent
  213  resolution or memorial that calls for an Article V convention
  214  for the purpose of proposing one or more amendments to the
  215  Constitution of the United States on the subjects and amendments
  216  that may be considered by the Article V convention.
  217         Section 17. Section 11.9345, Florida Statutes, is created
  218  to read:
  219         11.9345 Vote cast outside the scope of instructions;
  220  criminal liability.—A delegate or alternate delegate commits a
  221  felony of the third degree, punishable as provided in s. 775.082
  222  or s. 775.083, who knowingly or intentionally votes or attempts
  223  to vote outside the scope of:
  224         (1) The instructions established by a concurrent resolution
  225  adopted pursuant to ss. 11.93-11.9352; or
  226         (2) The limits placed by the Legislature in a concurrent
  227  resolution or memorial that calls for an Article V convention
  228  for the purpose of proposing one or more amendments to the
  229  Constitution of the United States on the subjects and amendments
  230  that may be considered by the Article V convention.
  231         Section 18. Section 11.935, Florida Statutes, is created to
  232  read:
  233         11.935 Article V convention advisory group.—
  234         (1) As used in this section, the term “advisory group”
  235  means the Article V convention delegate advisory group.
  236         (2) The advisory group consists of the following members:
  237         (a) The Chief Justice of the Supreme Court, who shall serve
  238  as the chair.
  239         (b) An attorney appointed by the President of the Senate.
  240         (c) An attorney appointed by the Speaker of the House of
  241  Representatives.
  242         (3) The advisory group shall meet at the call of the chair
  243  and shall establish the policies and procedures that the
  244  advisory group determines necessary to carry out ss. 11.93
  245  11.9352.
  246         (4) Upon the request of a delegate or alternate delegate,
  247  the advisory group shall advise the delegate or alternate
  248  delegate whether there is reason to believe that an action or an
  249  attempt to take an action by a delegate or alternate delegate
  250  would:
  251         (a) Violate the instructions established by a concurrent
  252  resolution adopted by the Legislature under ss. 11.93-11.9352;
  253  or
  254         (b) Exceed the limits placed by the Legislature in a
  255  concurrent resolution or memorial that calls for an Article V
  256  convention for the purpose of proposing one or more amendments
  257  to the Constitution of the United States on the subjects and
  258  amendments that may be considered by the Article V convention.
  259         (5) The advisory group:
  260         (a) May render an advisory determination under this section
  261  in any summary manner considered appropriate by the advisory
  262  group.
  263         (b) Shall render an advisory determination under this
  264  section within 24 hours after receiving a request for a
  265  determination.
  266         (c) Shall transmit a copy of an advisory determination
  267  under this section in the most expeditious manner possible to
  268  the delegate or alternate delegate who requested the advisory
  269  determination.
  270         (d) If the advisory group renders an advisory determination
  271  under this section, the advisory group may also take an action
  272  permitted under s. 11.9351.
  273         Section 19. Section 11.9351, Florida Statutes, is created
  274  to read:
  275         11.9351 Oversight of delegates with respect to
  276  instructions.—
  277         (1) The advisory group, on its own motion, or upon the
  278  request of the President of the Senate, the Speaker of the House
  279  of Representatives, or the Attorney General, shall advise the
  280  Attorney General whether there is reason to believe that a vote
  281  or an attempt to vote by a delegate or alternate delegate has:
  282         (a) Violated the instructions established by a concurrent
  283  resolution adopted by the Legislature under ss. 11.93-11.9352;
  284  or
  285         (b) Exceeded the limits placed by the Legislature in a
  286  concurrent resolution or memorial that calls for an Article V
  287  convention for the purpose of proposing one or more amendments
  288  to the Constitution of the United States on the subjects and
  289  amendments that may be considered by the Article V convention.
  290         (2) The advisory group shall issue the advisory
  291  determination under this section by one of the following summary
  292  procedures:
  293         (a) Without notice or an evidentiary proceeding; or
  294         (b) After a hearing conducted by the advisory group.
  295         (3) The advisory group shall render an advisory
  296  determination under this section within 24 hours after receiving
  297  a request for an advisory determination.
  298         (4) The advisory group shall transmit a copy of an advisory
  299  determination in the most expeditious manner possible to the
  300  Attorney General.
  301         Section 20. Section 11.9352, Florida Statutes, is created
  302  to read:
  303         11.9352 Advisory determination concerning a vote outside
  304  the scope of instructions.—Immediately, upon receipt of an
  305  advisory determination that finds that a vote or attempt to vote
  306  by a delegate or alternate delegate is a violation as described
  307  in s. 11.9351 or in excess of the authority of the delegate or
  308  alternate delegate, the Attorney General shall inform the
  309  delegates, alternate delegates, the President of the Senate, the
  310  Speaker of the House of Representatives, and the Article V
  311  convention that:
  312         (1) The vote or attempt to vote did not comply with Florida
  313  law, is void, and has no effect.
  314         (2) The credentials of the delegate or alternate delegate
  315  who is the subject of the determination are revoked.
  316         Section 21. This act shall take effect July 1, 2014.