Senate Bill sb1284

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    Florida Senate - 2002                                 SJR 1284

    By Senator Latvala





    19-1257-02                                         See HJR 327

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 24 of Article I of the State

  4         Constitution relating to public records and

  5         meetings exemptions.

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  7  Be It Resolved by the Legislature of the State of Florida:

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  9         That the following amendment to Section 24 of Article I

10  of the State Constitution is agreed to and shall be submitted

11  to the electors of this state for approval or rejection at the

12  next general election or at an earlier special election

13  specifically authorized by law for that purpose:

14                            ARTICLE I

15                      DECLARATION OF RIGHTS

16         SECTION 24.  Access to public records and meetings.--

17         (a)  Every person has the right to inspect or copy any

18  public record made or received in connection with the official

19  business of any public body, officer, or employee of the

20  state, or persons acting on their behalf, except with respect

21  to records exempted pursuant to this section or specifically

22  made confidential by this Constitution.  This section

23  specifically includes the legislative, executive, and judicial

24  branches of government and each agency or department created

25  thereunder; counties, municipalities, and districts; and each

26  constitutional officer, board, and commission, or entity

27  created pursuant to law or this Constitution.

28         (b)  All meetings of any collegial public body of the

29  executive branch of state government or of any collegial

30  public body of a county, municipality, school district, or

31  special district, at which official acts are to be taken or at

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    Florida Senate - 2002                                 SJR 1284
    19-1257-02                                         See HJR 327




  1  which public business of such body is to be transacted or

  2  discussed, shall be open and noticed to the public and

  3  meetings of the legislature shall be open and noticed as

  4  provided in Article III, Section 4(e), except with respect to

  5  meetings exempted pursuant to this section or specifically

  6  closed by this Constitution.

  7         (c)  This section shall be self-executing.  The

  8  legislature, however, may provide by general law passed by a

  9  two-thirds vote of each house for the exemption of records

10  from the requirements of subsection (a) and the exemption of

11  meetings from the requirements of subsection (b), provided

12  that such law shall state with specificity the public

13  necessity justifying the exemption and shall be no broader

14  than necessary to accomplish the stated purpose of the law.

15  The legislature shall enact laws governing the enforcement of

16  this section, including the maintenance, control, destruction,

17  disposal, and disposition of records made public by this

18  section, except that each house of the legislature may adopt

19  rules governing the enforcement of this section in relation to

20  records of the legislative branch.  Laws enacted pursuant to

21  this subsection shall contain only exemptions from the

22  requirements of subsections (a) or (b) and provisions

23  governing the enforcement of this section, and shall relate to

24  one subject.

25         (d)  All laws that are in effect on July 1, 1993 that

26  limit public access to records or meetings shall remain in

27  force, and such laws apply to records of the legislative and

28  judicial branches, until they are repealed. Rules of court

29  that are in effect on the date of adoption of this section

30  that limit access to records shall remain in effect until they

31  are repealed.

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    Florida Senate - 2002                                 SJR 1284
    19-1257-02                                         See HJR 327




  1         BE IT FURTHER RESOLVED that the following statement be

  2  placed on the ballot:

  3                     CONSTITUTIONAL AMENDMENT

  4                      ARTICLE I, SECTION 24

  5         LAWS PROVIDING PUBLIC RECORDS OR MEETINGS EXEMPTIONS;

  6  TWO-THIRDS VOTE REQUIRED.--Proposing an amendment to the State

  7  Constitution to require that laws providing exemptions from

  8  public records or public meetings requirements must be passed

  9  by a two-thirds vote of each house of the Legislature.

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