| 1 | House Joint Resolution |
| 2 | A joint resolution proposing the creation of Section |
| 3 | 28 of Article I of the State Constitution to assert |
| 4 | the sovereignty of the state and declare the right of |
| 5 | the people of the state to refuse to comply with |
| 6 | unconstitutional federal mandates or certain |
| 7 | compulsory federal legislation. |
| 8 |
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| 9 | Be It Resolved by the Legislature of the State of Florida: |
| 10 |
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| 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. Sovereignty of the state; refusal to comply |
| 19 | with unconstitutional federal mandates or certain compulsory |
| 20 | federal legislation.- |
| 21 | (a) The people of this state assert their residual and |
| 22 | inviolable sovereignty under the Tenth Amendment to the |
| 23 | Constitution of the United States over all powers not otherwise |
| 24 | enumerated and granted to the Federal Government by that |
| 25 | Constitution. |
| 26 | (b) The people of this state also refuse to comply with |
| 27 | mandates issued by any branch of the Federal Government which |
| 28 | are beyond the scope of such constitutionally delegated powers |
| 29 | and demand that the Federal Government cease and desist from |
| 30 | issuing mandates that are beyond the scope of such powers. |
| 31 | (c) The people of this state further refuse to recognize |
| 32 | or comply with any compulsory federal legislation that directs |
| 33 | the state to comply or requires the state to pass specific |
| 34 | legislation in order not to lose federal funding and demand that |
| 35 | any such existing legislation be repealed. |
| 36 | BE IT FURTHER RESOLVED that the following statement be |
| 37 | placed on the ballot: |
| 38 | CONSTITUTIONAL AMENDMENT |
| 39 | ARTICLE I, SECTION 28 |
| 40 | SOVEREIGNTY OF THE STATE.-This proposed amendment to the |
| 41 | State Constitution asserts the sovereignty of this state, under |
| 42 | the Tenth Amendment to the Constitution of the United States, to |
| 43 | all powers that are not otherwise granted to the Federal |
| 44 | Government. It also declares the right of the people to refuse |
| 45 | to comply with federal mandates that exceed the scope of powers |
| 46 | constitutionally delegated to the Federal Government and demands |
| 47 | that the Federal Government stop issuing mandates that exceed |
| 48 | its lawful powers. The proposed amendment further provides that |
| 49 | the people of this state may refuse to recognize or comply with |
| 50 | federal legislation that requires compliance or the passage of |
| 51 | state legislation to prevent the loss of federal funding and |
| 52 | demands that such existing legislation be repealed. |