About
the amendment No 4
The current
law
Proposed constitutional amendment
Senator Caracass' letter
CONSTITUTIONAL
AMENDMENT NO. 4
Proposed Amendment to Article I, Section 24, Florida Constitution, Florida's Sunshine-in-Government Constitutional Guarantee
In the 1992 general election, Florida voters overwhelming approved [83.1/14.9%] an amendment to the state constitution, guaranteeing the right of open government. That amendment, Article I, section 24, of the Florida Constitution, grants "every person . . . the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or of persons acting on their behalf," and further stipulates that "all meetings of . . . the executive branch of state government or of . . . a county, municipality, school district, or special district, at which official acts are to be taken or at which public business . . . is to be transacted or discussed, shall be open and noticed to the public." Only the Legislature can create exemptions to our constitutional right of access.
Unfortunately, we have seen an alarming increase in the number of exemptions proposed each year, and although most do not pass, there are many that become law. [Between 60 and 70 new exemptions proposed in 2002; 10 became law, of which 2 have serious constitutional flaws. Four exemptions were created in last fall's special session and two in Special Session E, for a grand total of 16 NEW exemptions in 2002. Total number of exemptions to both sunshine and public records laws is over 850.]
This year, the 10th anniversary of the Sunshine Amendment, Florida voters again have the opportunity to show their support for open government through approval of a provision making it more difficult for the Legislature to create exemptions to our constitutional right of access. Under a joint resolution of the Legislature, SJR 1284, sponsored by Senator Jack Latvala (R-Palm Harbor) and Representative John Carassas (R-Largo), voters will be asked to approve an amendment to Article I, section 24, requiring that exemptions from public records or public meetings requirements must be passed by a two thirds vote of each house of the Legislature rather than the simply majority currently required for passage. The joint resolution, which carried strong support in both chambers, has been certified by the Secretary of State and will appear on the ballot in the 2002 General Election this November. The proposed Sunshine-in-Government Amendment will appear on the ballot as Constitutional Amendment No. 4.
Prepared by :
Barbara A. Petersen
President First Amendment Foundation
336 E. College Avenue, Suite 101 Tallahassee,
FL 32301
Email us:
foi@floridafaf.org
For additional information, contact:
Barbara Petersen (800) 337-3518 or (850) 222-3518.
Senator Jack Latvala (727) 787-8991
Representative John Carassas (727) 518-3186
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CURRENT LANGUAGE: ARTICLE I, SECTION 24
SECTION
24. Access to public records and meetings.
(a) Every person has the right to inspect or copy any public record made
or received in connection with the official business of any public body,
officer, or employee of the state, or persons acting on their behalf,
except with respect to records exempted pursuant to this section or specifically
made confidential by this Constitution. This section specifically includes
the legislative, executive, and judicial branches of government and each
agency or department created thereunder; counties, municipalities, and
districts; and each constitutional officer, board, and commission, or
entity created pursuant to law or this Constitution.
(b) All meetings of any collegial public body of the executive branch of state government or of any collegial public body of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public and meetings of the legislature shall be open and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted pursuant to this section or specifically closed by this Constitution.
(c) This section
shall be self executing. The legislature, however, may provide by general
law for the exemption of records from the requirements of subsection
(a) and the exemption
of meetings from the requirements of subsection
(b), provided that such law shall state with specificity the public necessity
justifying the exemption and shall be no broader than necessary to accomplish
the stated purpose of the law. The legislature shall enact laws governing
the enforcement of this section, including the maintenance, control, destruction,
disposal, and disposition of records made public by this section, except
that each house of the legislature may adopt rules governing the enforcement
of this section in relation to records of the legislative branch. Laws
enacted pursuant to this subsection shall contain only exemptions from
the requirements of subsections (a) or (b) and provisions governing the
enforcement of this section, and shall relate to one subject.
(d) All laws that
are in effect on July 1, 1993 that limit public access to records or meetings
shall remain in force, and such laws apply to records of the legislative
and judicial branches, until they are repealed. Rules of court that are
in effect on the date of adoption of this section that limit access to
records shall remain in effect until they are repealed.
History. Added, C.S. for C.S. for H.J.R.'s 1727, 863, 2035, 1992; adopted
1992.
For more information, go to: http://election.dos.state.fl.us/initiatives/fulltext/10-39.htm
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PROPOSED
CONSTITUTIONAL AMENDMENT
2002 GENERAL ELECTION: CONSTITUTIONAL AMENDMENT NO. 4
Reference: Article I, Section 24 Ballot Title:
LAWS PROVIDING PUBLIC RECORDS OR MEETINGS EXEMPTIONS;
TWO THIRDS VOTE REQUIRED
Ballot
Summary
Requires that laws providing exemptions from public records or public
meetings requirements must, after the effective date of this amendment,
be passed by a two thirds vote of each house of the Legislature.
Full
Text
ARTICLE I DECLARATION OF RIGHTS SECTION 24. Access to public records and
meetings.
(a) Every person has the right to inspect or copy any public record made
or received in connection with the official business of any public body,
officer, or employee of the state, or persons acting on their behalf,
except with respect to records exempted pursuant to this section or specifically
made confidential by this Constitution. This section specifically includes
the legislative, executive, and judicial branches of government and each
agency or department created thereunder; counties, municipalities, and
districts; and each constitutional officer, board, and commission, or
entity created pursuant to law or this Constitution.
(b) All meetings of any collegial public body of the executive branch of state government or of any collegial public body of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public and meetings of the legislature shall be open and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted pursuant to this section or specifically closed by this Constitution.
(c) This section shall be self
executing. The legislature, however, may provide by general law passed
by a two thirds vote of each house for the exemption of records from the
requirements of subsection
(a) and the exemption of meetings from the requirements of subsection
(b), provided that such law shall state with specificity the public necessity
justifying the exemption and shall be no broader than necessary to accomplish
the stated purpose of the law. The legislature shall enact laws governing
the enforcement of this section, including the maintenance, control, destruction,
disposal, and disposition of records made public by this section, except
that each house of the legislature may adopt rules governing the enforcement
of this section in relation to records of the legislative branch.
Laws enacted pursuant
to this subsection shall contain only exemptions from the requirements
of subsections (a) or (b) and provisions governing the enforcement of
this section, and shall relate to one subject.
(d) All laws that are in effect on July 1, 1993 that limit public access to records or meetings shall remain in force, and such laws apply to records of the legislative and judicial branches, until they are repealed. Rules of court that are in effect on the date of adoption of this section that limit access to records shall remain in effect until they are repealed.
For more information, go to: http://election.dos.state.fl.us/initiatives/fulltext/10-39.htm
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Following is text from a letter by Representative John Carassas
Measure to
Protect Public Records,
Sponsored by State
Representative John Carassas,
Passes Legislature - On Ballot in November
TALLAHASSEE [03/07/01]- Senate Joint Resolution 1284, a measure sponsored by State Representative John Carassas (R-Belleair), will be on the November 5 ballot as Amendment 4.
The bill proposes an amendment to the Florida Constitution to further protect Florida's open government laws. "Currently, only a majority vote is needed to create an exemption to the Sunshine law," said Representative Carassas. "This bill will increase that threshold so that a two-thirds vote in each house will be needed to create an exemption."
Representative Carassas added, "Florida's long history of open public records is unique in America, allowing our citizens to see what their elected officials and state employees are doing on their behalf. Every year, the Legislature approves exemptions to our public records laws, chipping away at our open form of government. To be sure, some exemptions are necessary, but any exemption should be strictly limited in both scope and duration, and the Legislature needs to carefully consider the ramifications of creating the exemption."
Since being elected in 2000, Representative Carassas has been concerned about the number of public records exemption bills that are filed, as well as the level of consideration given to these bills. "While I recognize that after September 11th, many are concerned about public information that could be used against us, I believe an open government is the best government. That is why I voted against a significant number of bills creating new exemptions to public records in the 2001 and 2002 Legislative Sessions," stated Representative Carassas.
You can contact Representative John Carassas at (727) 518-3186.
