Florida Two-Thirds Vote for Public Access Exemptions, Amendment 4 (2002)

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The Florida Two-Thirds Vote for Public Access Exemptions Amendment, also known as Amendment 4, was a legislatively-referred constitutional amendment on the November 5, 2002 election ballot in Florida, where it was approved.

The amendment modified Article I, Section 24 of the Florida Constitution to require a supermajority vote in each house of the legislature to approve laws giving exemptions to public meeting and record laws.[1]

Election results

Florida Amendment 4 (2002)
ResultVotesPercentage
Approveda Yes 3,474,978 76.64%
No1,059,18323.36%

Results via: the Florida Department of State, Division of Elections

Text of measure

The ballot title read:

Laws Providing Public Records or Meetings Exemptions; Two-Thirds Vote Required[1][2]

The ballot summary read:

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.[1][2]

Constitutional changes

The text of the amendment read:

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.[1]

See also

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External links

References

  1. 1.0 1.1 1.2 1.3 "Laws Providing Public Records or Meetings Exemptions; Two-Thirds Vote Required," Florida Department of State, Division of Elections
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.