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.