Florida Senate - 2009                             CS for SB 1318
       
       
       
       By the Committee on Judiciary; and Senator Peaden
       
       
       
       
       590-04427-09                                          20091318c1
    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 is found unconstitutional under the
    7         United States Constitution; providing venue and party
    8         requirements; providing for the circuit court to issue
    9         an order directing the Secretary of State to remove
   10         unconstitutional provisions from the State
   11         Constitution; providing for the circuit court to order
   12         the removal of certain constitutional provisions if
   13         there is a showing that voters were confused at the
   14         adoption of the constitutional provision; authorizing
   15         the circuit court to declare certain provisions of the
   16         State Constitution redundant and to direct the
   17         Secretary of State to remove the redundant provisions;
   18         authorizing the circuit court to order the removal of
   19         provisions from the State Constitution previously
   20         deemed unconstitutional; providing for appellate
   21         review; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 86.112, Florida Statutes, is created to
   26  read:
   27         86.112 Circuit court jurisdiction.—
   28         (1) The circuit court has jurisdiction to entertain actions
   29  for declaratory relief for cases brought to determine whether
   30  provisions of the State Constitution are unconstitutional under
   31  the United States Constitution.
   32         (a) Notwithstanding s. 86.091, any party seeking
   33  declaratory relief under this section shall name the Secretary
   34  of State as the proper defendant.
   35         (b) An action for declaratory relief under this section
   36  must be brought in Leon County.
   37         (c) If a provision of the State Constitution is found to be
   38  unconstitutional, the circuit court shall enter an order
   39  directing the Secretary of State to remove that provision from
   40  the State Constitution.
   41         (d) If the circuit court concludes, based on a showing of
   42  clear and convincing evidence, that there was voter confusion
   43  when adopting the unconstitutional provision, the court may not
   44  apply principles of severability and shall order that any other
   45  provision adopted along with the unconstitutional provision be
   46  removed from the State Constitution.
   47         (2) If such a request is made a part of the declaratory
   48  relief sought under subsection (1), the circuit court has the
   49  jurisdiction to:
   50         (a) Declare redundant any portion of the State Constitution
   51  the sole purpose of which is to provide statutory language and,
   52  on a finding of redundancy, enter an order directing the
   53  Secretary of State to remove the redundant material; or
   54         (b) Enter an order directing the Secretary of State to
   55  remove from the State Constitution any provisions previously
   56  deemed unconstitutional.
   57         (3) An appeal from the circuit court’s order under this
   58  section may be taken by any adversely affected party pursuant to
   59  Florida Rule of Appellate Procedure 9.110.
   60         Section 2. This act shall take effect upon becoming a law.