CODING: Words stricken are deletions; words underlined are additions.
Senate Bill 0298
    Florida Senate - 1998                                  SJR 298

    By Senator Grant





    13-470-98                                              See HJR

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 3 of Article I of the State

  4         Constitution relating to religious freedom.

  5

  6  Be It Resolved by the Legislature of the State of Florida:

  7

  8         That the amendment to Section 3 of Article I of the

  9  State Constitution set forth below is agreed to and shall be

10  submitted to the electors of Florida for approval or rejection

11  at the general election to be held in November 1998:

12         SECTION 3.  Religious freedom.--There shall be no law

13  respecting the establishment of religion or prohibiting or

14  penalizing the free exercise thereof. The state or any

15  political subdivision or agency thereof shall not

16  substantially burden the free exercise of religion of any

17  person, even if the burden results from a rule of general

18  applicability. The state or any political subdivision or

19  agency thereof may substantially burden a person's free

20  exercise of religion only if the state or political

21  subdivision or agency thereof demonstrates that application of

22  the burden to the person is in furtherance of a compelling

23  interest of the state or a political subdivision or agency

24  thereof and is the least restrictive means of furthering that

25  compelling interest. The state or any political subdivision or

26  agency thereof shall not substantially burden the free

27  exercise of religion of any person incarcerated within any

28  correctional facility in the state, even if the burden results

29  from a rule of general applicability. The state or any

30  political subdivision or agency thereof may substantially

31  burden the free exercise of religion of any person

                                  1

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






    Florida Senate - 1998                                  SJR 298
    13-470-98                                              See HJR




  1  incarcerated within any correctional facility in the state

  2  only if the burden is in furtherance of a substantial

  3  penological interest and is the least restrictive means of

  4  furthering that substantial penological interest. Religious

  5  freedom shall not justify practices inconsistent with public

  6  morals, peace or safety.  No revenue of the state or any

  7  political subdivision or agency thereof shall ever be taken

  8  from the public treasury directly or indirectly in aid of any

  9  church, sect, or religious denomination or in aid of any

10  sectarian institution.

11         BE IT FURTHER RESOLVED that in accordance with the

12  requirements of s. 101.161, Florida Statutes, the title and

13  substance of the amendment proposed herein shall appear on the

14  ballot as follows:

15          PROHIBITING STATE FROM SUBSTANTIALLY BURDENING

16                  THE FREE EXERCISE OF RELIGION

17         Provides that the state shall not substantially burden

18  the free exercise of religion of any person, or any person

19  incarcerated within a state correctional facility, even if the

20  burden results from a rule of general applicability. Provides

21  an exception only upon demonstration that the application of

22  the burden is in furtherance of a compelling interest or

23  substantial penological interest, and is the least-restrictive

24  means of furthering that compelling interest or substantial

25  penological interest.

26

27

28

29

30

31

                                  2