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Bill Would Change Supreme Court Amendment Process

April 5, 2011 | WMFE - A bill aimed at stopping the Florida Supreme Court from removing amendments placed on the ballot by the legislature is moving through the state Senate.

The bill’s sponsor, State Senator Miguel Diaz de la Portilla, a Miami Republican, said the bill is necessary because the legislature has lost four of its last five amendment challenges.
“The will of the people has been blocked and usurped by the judiciary.” He said. “This gives a second chance and an opportunity to tweak the language.”
Under the proposal, a rejected amendment would be sent to the state attorney general who would rewrite the problematic parts.
Opponents say the bill is a violation of the separation of powers clause in the state’s constitution.  
The proposal is one of several in this year’s session aimed at decreasing the courts role in the amendment process.




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