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A bill to be entitled

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An act relating to public meetings and records; amending

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s. 286.011, F.S.; clarifying that the term "pending

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litigation," with respect to an exemption allowing

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officers of a governmental entity to meet with an

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attorney, includes any matter that is addressed in a

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mandatory notice of intent to initiate a tort claim

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against the governmental entity; providing an effective

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date.

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

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

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Statutes, is amended to read:

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     286.011  Public meetings and records; public inspection;

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criminal and civil penalties.--

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

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board or commission of any state agency or authority or any

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agency or authority of any county, municipal corporation, or

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political subdivision, and the chief administrative or executive

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officer of the governmental entity, may meet in private with the

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entity's attorney to discuss pending litigation to which the

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entity is presently a party before a court or administrative

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agency, provided that the following conditions are met:

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

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public meeting that he or she desires advice concerning the

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litigation.

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     (b)  The subject matter of the meeting shall be confined to

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settlement negotiations or strategy sessions related to

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litigation expenditures.

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     (c)  The entire session shall be recorded by a certified

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court reporter. The reporter shall record the times of

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commencement and termination of the session, all discussion and

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

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the names of all persons speaking. No portion of the session

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

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fully transcribed and filed with the entity's clerk within a

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reasonable time after the meeting.

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     (d)  The entity shall give reasonable public notice of the

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

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persons who will be attending the session. The session shall

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commence at an open meeting at which the persons chairing the

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meeting shall announce the commencement and estimated length of

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the attorney-client session and the names of the persons

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attending. At the conclusion of the attorney-client session, the

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meeting shall be reopened, and the person chairing the meeting

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shall announce the termination of the session.

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

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upon conclusion of the litigation.

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As used in this subsection, the term "pending litigation"

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includes any matter that is the subject of the mandatory 6-month

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notice of intent to initiate a tort action lawsuit provided to a

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governmental entity pursuant to s. 768.28 and for which a lawsuit

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has not yet been filed.

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     Section 2.  This act shall take effect July 1, 2008.