CRC - 2017                                                  P 81
       By Commissioner Heuchan
       heuchanb-00081A-17                                      201781__
    1                         A proposal to amend                       
    2         Section 24 of Article I and Section 4 of Article III
    3         of the State Constitution to require that all meetings
    4         of the Legislature, the judicial branch, and any
    5         commission or task force at which official acts are to
    6         be taken or at which public business of such body is
    7         to be transacted or discussed be open and noticed to
    8         the public.
   10  Be It Proposed by the Constitution Revision Commission of
   11  Florida:
   13         Section 24 of Article I of the State Constitution is
   14  amended to read:
   15                              ARTICLE I                            
   16                        DECLARATION OF RIGHTS                      
   17         SECTION 24. Access to public records and meetings.—
   18         (a) Every person has the right to inspect or copy any
   19  public record made or received in connection with the official
   20  business of any public body, officer, or employee of the state,
   21  or persons acting on their behalf, except with respect to
   22  records exempted pursuant to this section or specifically made
   23  confidential by this Constitution. This section specifically
   24  includes the legislative, executive, and judicial branches of
   25  government and each agency or department created thereunder;
   26  counties, municipalities, and districts; and each constitutional
   27  officer, board, and commission, or entity created pursuant to
   28  law or this Constitution.
   29         (b) All meetings of the legislature; the judicial branch,
   30  including meetings between judges and justices; any collegial
   31  public body of the executive branch of state government; or of
   32  any collegial public body of a county, municipality, school
   33  district, or special district; or any commission or task force,
   34  at which official acts are to be taken or at which public
   35  business of such body is to be transacted or discussed, shall be
   36  open and noticed to the public and meetings of the legislature
   37  shall be open and noticed as provided in Article III, Section
   38  4(e), except with respect to meetings exempted pursuant to this
   39  section or specifically closed by this Constitution.
   40         (c) This section shall be self-executing. The legislature,
   41  however, may provide by general law passed by a two-thirds vote
   42  of each house for the exemption of records from the requirements
   43  of subsection (a) and the exemption of meetings from the
   44  requirements of subsection (b), provided that such law shall
   45  state with specificity the public necessity justifying the
   46  exemption and shall be no broader than necessary to accomplish
   47  the stated purpose of the law. The legislature shall enact laws
   48  governing the enforcement of this section, including the
   49  maintenance, control, destruction, disposal, and disposition of
   50  records made public by this section, except that each house of
   51  the legislature may adopt rules governing the enforcement of
   52  this section in relation to records of the legislative branch.
   53  Laws enacted pursuant to this subsection shall contain only
   54  exemptions from the requirements of subsections (a) or (b) and
   55  provisions governing the enforcement of this section, and shall
   56  relate to one subject.
   57         (d) All laws that are in effect on July 1, 1993 that limit
   58  public access to records or meetings shall remain in force, and
   59  such laws apply to records of the legislative and judicial
   60  branches, until they are repealed. Rules of court that are in
   61  effect on the date of adoption of this section that limit access
   62  to records shall remain in effect until they are repealed.
   64         Section 4 of Article III of the State Constitution is
   65  amended to read:
   66                             ARTICLE III                           
   67                             LEGISLATURE                           
   68         SECTION 4. Quorum and procedure.—
   69         (a) A majority of the membership of each house shall
   70  constitute a quorum, but a smaller number may adjourn from day
   71  to day and compel the presence of absent members in such manner
   72  and under such penalties as it may prescribe. Each house shall
   73  determine its rules of procedure.
   74         (b) Sessions of each house shall be public; except sessions
   75  of the senate when considering appointment to or removal from
   76  public office may be closed.
   77         (c) Each house shall keep and publish a journal of its
   78  proceedings; and upon the request of five members present, the
   79  vote of each member voting on any question shall be entered on
   80  the journal. In any legislative committee or subcommittee, the
   81  vote of each member voting on the final passage of any
   82  legislation pending before the committee, and upon the request
   83  of any two members of the committee or subcommittee, the vote of
   84  each member on any other question, shall be recorded.
   85         (d) Each house may punish a member for contempt or
   86  disorderly conduct and, by a two-thirds vote of its membership,
   87  may expel a member.
   88         (e) The rules of procedure of each house shall provide that
   89  all legislative committee and subcommittee meetings of each
   90  house, and joint conference committee meetings, shall be open
   91  and noticed to the public in accordance with Article I, section
   92  24. The rules of procedure of each house shall further provide
   93  that all prearranged gatherings, between more than two members
   94  of the legislature, or between the governor, the president of
   95  the senate, or the speaker of the house of representatives, the
   96  purpose of which is to agree upon formal legislative action that
   97  will be taken at a subsequent time, or at which formal
   98  legislative action is taken, regarding pending legislation or
   99  amendments, shall be reasonably open to the public. All open
  100  meetings shall be subject to order and decorum. This section
  101  shall be implemented and defined by the rules of each house, and
  102  such rules shall control admission to the floor of each
  103  legislative chamber and may, where reasonably necessary for
  104  security purposes or to protect a witness appearing before a
  105  committee, provide for the closure of committee meetings. Each
  106  house shall be the sole judge for the interpretation,
  107  implementation, and enforcement of this section.