Florida Senate - 2011                     CS for CS for SJR 1538
       
       
       
       By the Committees on Rules; and Judiciary; and Senator Flores
       
       
       
       
       595-04679-11                                          20111538c2
    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 in the case where a woman suffers from a physical
   26  disorder, physical injury, or physical illness, including a
   27  life-endangering, physical condition caused by or arising from
   28  the pregnancy itself, which would, as certified by a physician,
   29  place the woman in danger of death unless an abortion is
   30  performed; or
   31         (3) Pregnancies that result from rape or incest.
   32         (b) This constitution may not be interpreted to create
   33  broader rights to an abortion than those contained in the United
   34  States Constitution.
   35         BE IT FURTHER RESOLVED that the following statement be
   36  placed on the ballot:
   37                      CONSTITUTIONAL AMENDMENT                     
   38                        ARTICLE I, SECTION 28                      
   39         PROHIBITION ON PUBLIC FUNDING OF ABORTIONS; CONSTRUCTION OF
   40  ABORTION RIGHTS.—This proposed amendment provides that public
   41  funds may not be expended for any abortion or for health
   42  benefits coverage that includes coverage of abortion. This
   43  prohibition does not apply to expenditures required by federal
   44  law, an abortion that is necessary to save the life of the
   45  mother, or cases of rape or incest.
   46         This proposed amendment provides that the State
   47  Constitution may not be interpreted to create broader rights to
   48  an abortion than those contained in the United States
   49  Constitution. With respect to abortion, this proposed amendment
   50  overrules court decisions which conclude that the right of
   51  privacy under Article I, Section 23 of the State Constitution is
   52  broader in scope than that of the United States Constitution.