House Bill hb0765e2

                                         HJR 765, Second Engrossed



  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 4 of Article III of the State

  4         Constitution, relating to the adoption of bills

  5         by the Legislature, to require a specified

  6         review period for proposed legislation prior to

  7         final adoption.

  8

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

10

11         That the amendment to Section 4 of Article III of the

12  State Constitution set forth below is agreed to and shall be

13  submitted to the electors of Florida for approval or rejection

14  at the general election to be held in November 2002:

15         SECTION 4.  Quorum and procedure.--

16         (a)  A majority of the membership of each house shall

17  constitute a quorum, but a smaller number may adjourn from day

18  to day and compel the presence of absent members in such

19  manner and under such penalties as it may prescribe.  Each

20  house shall determine its rules of procedure.

21         (b)  Sessions of each house shall be public; except

22  sessions of the senate when considering appointment to or

23  removal from public office may be closed.

24         (c)  Each house shall keep and publish a journal of its

25  proceedings; and upon the request of five members present, the

26  vote of each member voting on any question shall be entered on

27  the journal.  In any legislative committee or subcommittee,

28  the vote of each member voting on the final passage of any

29  legislation pending before the committee, and upon the request

30  of any two members of the committee or subcommittee, the vote

31  of each member on any other question, shall be recorded.


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                                         HJR 765, Second Engrossed



  1         (d)  Each house may punish a member for contempt or

  2  disorderly conduct and, by a two-thirds vote of its

  3  membership, may expel a member.

  4         (e)  The rules of procedure of each house shall provide

  5  that all legislative committee and subcommittee meetings of

  6  each house, and joint conference committee meetings, shall be

  7  open and noticed to the public.  The rules of procedure of

  8  each house shall further provide that all prearranged

  9  gatherings, between more than two members of the legislature,

10  or between the governor, the president of the senate, or the

11  speaker of the house of representatives, the purpose of which

12  is to agree upon formal legislative action that will be taken

13  at a subsequent time, or at which formal legislative action is

14  taken, regarding pending legislation or amendments, shall be

15  reasonably open to the public. All open meetings shall be

16  subject to order and decorum.  This section shall be

17  implemented and defined by the rules of each house, and such

18  rules shall control admission to the floor of each legislative

19  chamber and may, where reasonably necessary for security

20  purposes or to protect a witness appearing before a committee,

21  provide for the closure of committee meetings.

22         (f)  The rules of each house shall provide that, with

23  the exception of general appropriation bills, including

24  conference reports therefor, subject to the seventy-two hour

25  public review period pursuant to Section 19 of this Article,

26  and with the exception of concurrent resolutions or

27  resolutions relating to extension of a session or legislative

28  organization or procedures, all bills, joint resolutions,

29  concurrent resolutions, resolutions, memorials, and conference

30  reports shall be furnished in their final form, which form may

31  include unengrossed amendments, to each member of the house


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                                         HJR 765, Second Engrossed



  1  hearing the measure at least forty-eight hours prior to final

  2  adoption by that house of the legislature. Such rules shall

  3  not be subject to waiver, but may provide that amendments of a

  4  technical, nonsubstantive nature may be added to such

  5  legislation during the 48 hour period.

  6         (g)  Each house shall be the sole judge for the

  7  interpretation, implementation, and enforcement of this

  8  section.

  9         BE IT FURTHER RESOLVED that in accordance with the

10  requirements of s. 101.161, Florida Statutes, the title and

11  substance of the amendment proposed herein shall appear on the

12  ballot as follows:

13              REVIEW PERIOD FOR PROPOSED LEGISLATION

14                BEFORE FINAL ADOPTION; EXEMPTIONS

15         Requires that the rules of each house of the

16  Legislature include a rule, not subject to waiver, providing

17  that all bills, joint resolutions, concurrent resolutions,

18  resolutions, memorials, and conference reports be furnished in

19  their final form to each member of the house hearing the

20  measure at least forty-eight hours prior to final adoption by

21  that house of the Legislature.  Exempts all general

22  appropriation bills and their conference reports, which are

23  subject to a separate seventy-two hour public review period

24  under the State Constitution, and exempts concurrent

25  resolutions or resolutions relating to extension of a session

26  or legislative organization or procedures. Continues

27  provisions that each house is the sole judge for the

28  interpretation, implementation, and enforcement of its rules.

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CODING: Words stricken are deletions; words underlined are additions.