Florida Senate - 2021                                   SJR 1604
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01545A-21                                          20211604__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 4
    3         of Article III of the State Constitution to authorize
    4         each house of the Legislature to establish rules of
    5         procedure to allow remote proceedings in the event of
    6         certain states of emergency.
    7          
    8  Be It Resolved by the Legislature of the State of Florida:
    9  
   10         That the following amendment to Section 4 of Article III of
   11  the State Constitution is agreed to and shall be submitted to
   12  the electors of this state for approval or rejection at the next
   13  general election or at an earlier special election specifically
   14  authorized by law for that purpose:
   15                             ARTICLE III                           
   16                             LEGISLATURE                           
   17         SECTION 4. Quorum and procedure.—
   18         (a) A majority of the membership of each house shall
   19  constitute a quorum, but a smaller number may adjourn from day
   20  to day and compel the presence of absent members in such manner
   21  and under such penalties as it may prescribe. Each house shall
   22  determine its rules of procedure.
   23         (b) Sessions of each house shall be public; except sessions
   24  of the senate when considering appointment to or removal from
   25  public office may be closed.
   26         (c) Each house shall keep and publish a journal of its
   27  proceedings; and upon the request of five members present, the
   28  vote of each member voting on any question shall be entered on
   29  the journal. In any legislative committee or subcommittee, the
   30  vote of each member voting on the final passage of any
   31  legislation pending before the committee, and upon the request
   32  of any two members of the committee or subcommittee, the vote of
   33  each member on any other question, shall be recorded.
   34         (d) Each house may punish a member for contempt or
   35  disorderly conduct and, by a two-thirds vote of its membership,
   36  may expel a member.
   37         (e) The rules of procedure of each house shall provide that
   38  all legislative committee and subcommittee meetings of each
   39  house, and joint conference committee meetings, shall be open
   40  and noticed to the public. The rules of procedure of each house
   41  shall further provide that all prearranged gatherings, between
   42  more than two members of the legislature, or between the
   43  governor, the president of the senate, or the speaker of the
   44  house of representatives, the purpose of which is to agree upon
   45  formal legislative action that will be taken at a subsequent
   46  time, or at which formal legislative action is taken, regarding
   47  pending legislation or amendments, shall be reasonably open to
   48  the public. The rules of procedure of each house may provide
   49  that legislative committee and subcommittee meetings and
   50  sessions of each house may be conducted remotely and that a
   51  quorum may be established without the physical presence of
   52  members in the event of a declared state of emergency having the
   53  potential to impact the life, health, or safety of members of
   54  the legislature or the general public. However, any such remote
   55  proceedings must remain open and noticed to the public to the
   56  greatest extent possible unless a closed session or committee
   57  meeting is authorized under this section or by rule. All open
   58  meetings shall be subject to order and decorum. This section
   59  shall be implemented and defined by the rules of each house, and
   60  such rules shall control admission to the floor of each
   61  legislative chamber and may, where reasonably necessary for
   62  security purposes or to protect a witness appearing before a
   63  committee, provide for the closure of committee meetings. Each
   64  house shall be the sole judge for the interpretation,
   65  implementation, and enforcement of this section.
   66         BE IT FURTHER RESOLVED that the following statement be
   67  placed on the ballot:
   68                      CONSTITUTIONAL AMENDMENT                     
   69                       ARTICLE III, SECTION 4                      
   70         REMOTE PROCEEDINGS OF THE LEGISLATURE DURING CERTAIN STATES
   71  OF EMERGENCY.—Proposing an amendment to the State Constitution
   72  to authorize each house of the Legislature to establish rules of
   73  procedure that allow each house to conduct committee and
   74  subcommittee meetings and sessions remotely and establish a
   75  quorum without the physical presence of members of the
   76  Legislature in the event of a declared state of emergency having
   77  the potential to impact the life, health, or safety of members
   78  or the general public.