Florida Senate - 2009                                    SB 1318
       
       
       
       By Senator Peaden
       
       
       
       
       2-01590-09                                            20091318__
    1                        A bill to be entitled                      
    2         An act relating to the jurisdiction of the circuit
    3         court; creating s. 86.112, F.S.; providing that the
    4         circuit court has jurisdiction to entertain an action
    5         for declaratory judgment to provide relief when the
    6         State Constitution contains redundant statutory
    7         language and when the State Constitution is itself
    8         unconstitutional under the United States Constitution;
    9         requiring the Secretary of State to remove redundant
   10         and unconstitutional provisions from the State
   11         Constitution; authorizing the circuit court to remove
   12         certain constitutional provisions if there is a
   13         showing that voters were likely confused at the
   14         adoption of the constitutional provision; providing an
   15         effective date.
   16         
   17  Be It Enacted by the Legislature of the State of Florida:
   18         
   19         Section 1. Section 86.112, Florida Statutes, is created to
   20  read:
   21         86.112 Circuit court jurisdiction.—
   22         (1) The circuit court has jurisdiction to entertain actions
   23  for declaratory relief for cases brought to determine whether
   24  provisions of the State Constitution are themselves
   25  unconstitutional under the United States Constitution.
   26         (2) If a provision is found to be unconstitutional, the
   27  circuit court shall order the Secretary of State to remove that
   28  provision and, if the provision was adopted through an
   29  initiative amendment, to order that any other provision adopted
   30  along with the unconstitutional provision be removed from the
   31  State Constitution.
   32         (3) If a showing is made that there was a likelihood of
   33  voter confusion when adopting the initiative provision that
   34  contains provisions that are invalid under the United States
   35  Constitution, the circuit court shall not apply principles of
   36  severability.
   37         (4) The circuit court may declare redundant any portion of
   38  the State Constitution whose sole purpose is to provide
   39  statutory language such as much of the schedule language. On a
   40  finding of redundancy, the court has jurisdiction to order the
   41  Secretary of State to remove the redundant material.
   42         Section 2. This act shall take effect upon becoming a law.