Florida Senate - 2011                            CS for SJR 1538
       
       
       
       By the Committee on Judiciary; and Senator Flores
       
       
       
       
       590-03189-11                                          20111538c1
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         28 of Article I of the State Constitution to generally
    4         prohibit public funding of abortions and prohibit the
    5         State Constitution from being interpreted to create
    6         broader rights to an abortion than those contained in
    7         the United States Constitution.
    8  
    9  Be It Resolved by the Legislature of the State of Florida:
   10  
   11         That the following creation of Section 28 of Article I of
   12  the State Constitution is agreed to and shall be submitted to
   13  the electors of this state for approval or rejection at the next
   14  general election or at an earlier special election specifically
   15  authorized by law for that purpose:
   16                              ARTICLE I                            
   17                        DECLARATION OF RIGHTS                      
   18         SECTION 28. Prohibition on public funding of abortions;
   19  construction of abortion rights.—
   20         (a) Public funds may not be expended for any abortion or
   21  for health-benefits coverage that includes coverage of abortion.
   22  This subsection does not apply to:
   23         (1) Expenditures required by federal law;
   24         (2) An abortion that is necessary to save the life of the
   25  mother; or
   26         (3) Pregnancies that result from rape or incest.
   27         (b) This constitution may not be interpreted to create
   28  broader rights to an abortion than those contained in the United
   29  States Constitution.
   30         BE IT FURTHER RESOLVED that the following statement be
   31  placed on the ballot:
   32                      CONSTITUTIONAL AMENDMENT                     
   33                        ARTICLE I, SECTION 28                      
   34         PROHIBITION ON PUBLIC FUNDING OF ABORTIONS; CONSTRUCTION OF
   35  ABORTION RIGHTS.—This proposed amendment provides that public
   36  funds may not be expended for any abortion or for health
   37  benefits coverage that includes coverage of abortion. This
   38  prohibition does not apply to expenditures required by federal
   39  law, an abortion that is necessary to save the life of the
   40  mother, or cases of rape or incest.
   41         This proposed amendment provides that the State
   42  Constitution may not be interpreted to create broader rights to
   43  an abortion than those contained in the United States
   44  Constitution. With respect to abortion, this proposed amendment
   45  overrules court decisions which conclude that the right of
   46  privacy under Article I, Section 23 of the State Constitution is
   47  broader in scope than that of the United States Constitution.