Senate Bill 1838

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



    Florida Senate - 1999                                  SB 1838

    By Senator Childers





    1-1508-99                                               See HB

  1                      A bill to be entitled

  2         An act relating to public meetings; amending s.

  3         286.011, F.S.; revising provisions which

  4         authorize state and local governmental entities

  5         to meet with the entity's attorney in private

  6         under certain conditions; providing additional

  7         persons who may attend such meetings; revising

  8         the subjects that may be discussed at such

  9         meetings; revising notice requirements;

10         revising provisions which specify when the

11         transcript becomes a public record; revising

12         the penalty for violation; providing for

13         liberal construction; providing an effective

14         date.

15

16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Subsection (8) of section 286.011, Florida

19  Statutes, is amended to read.

20         286.011  Public meetings and records; public

21  inspection; criminal and civil penalties.--

22         (8)(a)  Notwithstanding the provisions of subsection

23  (1), any board or commission of any state agency or authority

24  or any agency or authority of any county, municipal

25  corporation, or political subdivision, and the chief

26  administrative or executive officer of the governmental

27  entity, and any other official, employee, or agent of the

28  governmental entity having relevant information or expertise

29  pertaining to the matter, may meet in private with the

30  entity's attorney to discuss pending or imminent litigation to

31  which the entity is or may be presently a party before a court

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






    Florida Senate - 1999                                  SB 1838
    1-1508-99                                               See HB




  1  or administrative agency, provided that the following

  2  conditions are met:

  3         1.(a)  The entity's attorney shall advise the entity at

  4  a public meeting that he or she desires advice concerning the

  5  litigation.

  6         2.(b)  The subject matter of the meeting shall be

  7  confined to settlement negotiations and or strategy sessions

  8  related to litigation expenditures.

  9         3.(c)  The entire session shall be recorded by a

10  certified court reporter.  The reporter shall record the times

11  of commencement and termination of the session, all discussion

12  and proceedings, the names of all persons present at any time,

13  and the names of all persons speaking.  No portion of the

14  session shall be off the record.  The court reporter's notes

15  shall be fully transcribed and filed with the entity's clerk

16  within a reasonable time after the meeting.

17         4.(d)  The entity shall give reasonable public notice

18  of the time and date of the attorney-client session and the

19  names of persons who will be attending the session.  The

20  session shall commence at an open meeting at which the person

21  persons chairing the meeting shall announce the commencement

22  and estimated length of the attorney-client session and the

23  names of the persons attending. At the conclusion of the

24  attorney-client session, the meeting shall be reopened, and

25  the person chairing the meeting shall announce the termination

26  of the session.

27         5.(e)  The transcript shall be made part of the public

28  record upon conclusion of the litigation. For purposes of this

29  subparagraph, "conclusion of the litigation" includes

30  settlement, dismissal of the action with prejudice, or running

31  of the statute of limitations.

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






    Florida Senate - 1999                                  SB 1838
    1-1508-99                                               See HB




  1         (b)  In lieu of the penalties provided in subsection

  2  (3), a violation of this subsection shall be a noncriminal

  3  infraction and shall subject the entity to a fine not

  4  exceeding $500. In no event shall a remedy for a violation of

  5  this subsection include the release of a transcript, except as

  6  provided in subparagraph (a)5.

  7         (c)  This subsection shall be liberally construed to

  8  effectuate the intent of providing for attorney-client

  9  sessions, and a good-faith attempt to comply with the

10  provisions of this subsection shall be a complete defense to

11  any challenge to the attorney-client session.

12         Section 2.  This act shall take effect upon becoming a

13  law.

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16                       LEGISLATIVE SUMMARY

17
      Revises provisions which authorize state and local
18    governmental entities to meet with the entity's attorney
      in private under certain conditions. Provides additional
19    persons who may attend such meetings and revises the
      subjects that may be discussed at such meetings. Removes
20    a requirement that the names of persons attending the
      meeting be announced. Revises provisions relating to when
21    the transcript becomes a public record. Revises the
      penalty for violation and provides for liberal
22    construction.

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