Senate Bill sb1618

    Florida Senate - 2007                                  SB 1618

    By Senator Aronberg





    27-1571-07

  1                      A bill to be entitled

  2         An act relating to public meetings; amending s.

  3         286.011, F.S.; requiring that the confidential

  4         transcript of a meeting between officers of a

  5         governmental entity and an attorney relating to

  6         pending litigation be made part of the public

  7         record if the governmental entity determines

  8         not to commence the litigation; defining the

  9         term "pending litigation"; providing an

10         effective date.

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

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14         Section 1.  Paragraph (e) of subsection (8) of section

15  286.011, Florida Statutes, is amended, and paragraph (f) is

16  added to that subsection, to read:

17         286.011  Public meetings and records; public

18  inspection; criminal and civil penalties.--

19         (8)  Notwithstanding the provisions of subsection (1),

20  any board or commission of any state agency or authority or

21  any agency or authority of any county, municipal corporation,

22  or political subdivision, and the chief administrative or

23  executive officer of the governmental entity, may meet in

24  private with the entity's attorney to discuss pending

25  litigation to which the entity is presently a party before a

26  court or administrative agency, provided that the following

27  conditions are met:

28         (e)  The transcript shall be made part of the public

29  record upon conclusion of the litigation or as soon as

30  practicable after the governmental entity determines that it

31  will not commence litigation.

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    Florida Senate - 2007                                  SB 1618
    27-1571-07




 1         (f)  The term "pending litigation" includes matters

 2  that are the subject of notice given to a governmental entity

 3  pursuant to s. 768.28 with respect to which a lawsuit has not

 4  yet been filed and matters about which the governmental entity

 5  is contemplating litigation.

 6         Section 2.  This act shall take effect July 1, 2007.

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 9                          SENATE SUMMARY

10    Requires that the transcript of a meeting between
      officers of a governmental entity and an attorney which
11    deals with pending litigation and which is exempted from
      statutory requirements relating to public meetings and
12    records be made public if the governmental entity
      determines not to commence the litigation. Defines the
13    term "pending litigation" for purposes of the exemption.

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