Senate Bill 0298c1

    Florida Senate - 1998                           CS for SJR 298

    By the Committee on Judiciary and Senators Grant and Bronson





    308-2141-98

  1                 Senate Joint Resolution No.     

  2         A joint resolution proposing an amendment to

  3         Section 3 of Article I of the State

  4         Constitution relating to religious freedom.

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

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  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. No governmental entity

15  shall substantially burden the free exercise of religion, even

16  if the burden results from a rule or law of general

17  applicability, unless the governmental entity demonstrates

18  that application of the burden is in furtherance of a

19  compelling interest and is the least restrictive means of

20  furthering that compelling interest. Religious freedom shall

21  not justify practices inconsistent with public morals, peace

22  or safety.  No revenue of the state or any political

23  subdivision or agency thereof shall ever be taken from the

24  public treasury directly or indirectly in aid of any church,

25  sect, or religious denomination or in aid of any sectarian

26  institution.

27         BE IT FURTHER RESOLVED that in accordance with the

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

29  substance of the amendment proposed herein shall appear on the

30  ballot as follows:

31          PROHIBITING STATE FROM SUBSTANTIALLY BURDENING

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






    Florida Senate - 1998                           CS for SJR 298
    308-2141-98




  1                  THE FREE EXERCISE OF RELIGION

  2         Provides that the state shall not substantially burden

  3  the free exercise of religion, even if the burden results from

  4  a rule or law of general applicability, unless the state

  5  demonstrates that the application of the burden is in

  6  furtherance of a compelling interest and is the

  7  least-restrictive means of furthering that compelling

  8  interest.

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10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 298

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13  The Committee Substitute for Senate Joint Resolution 298
    removes any references to incarcerated persons, thus
14  establishing a uniform compelling interest test that applies
    to all persons.
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