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A bill to be entitled

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An act relating to public meeting requirements for

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governing boards of local government authorities; creating

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s. 286.0114, F.S.; creating the "Vox Populi - Voice of the

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People Act"; providing definitions; providing purpose;

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providing requirements with respect to decorum in meetings

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of the governing boards of local government authorities;

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requiring the governing body of a local government

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authority to provide specified opportunities for citizens

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to address issues at meetings of the governing body;

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prescribing allocations of time for citizen participation;

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providing restrictions with respect to the placement of

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non-agenda and citizen-participation orders of business

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within an order of consideration; providing procedures and

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requirements with respect to specified orders of business

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and agendas of meetings of governing boards of local

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government authorities; defining "public hearings";

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requiring local government authorities to adopt a written

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policy that implements the requirements of the act by a

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specified date; providing for public and electronic

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notification of policy; providing construction; providing

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an effective date.

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     WHEREAS, despite Florida's reputation for having far-

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reaching and effective open government laws, some local

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governments in the state do not allow, or severely restrict

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without proper guidelines, the ability of citizens to speak or

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comment on agenda items during their public meetings, and

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     WHEREAS, though some local governments have policies which

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provide for public participation, some have also developed a

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variety of methods for circumventing their own policies, such as

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characterizing agenda items as "workshops" or "discussions" or as

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items on which "no vote will be taken," and

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     WHEREAS, other methods of frustrating citizen participation

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include simple refusal by the chair of the local governing body

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to recognize a citizen who wishes to speak or the imposition of a

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precondition that a prospective speaker must contact the local

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government authority in advance of the meeting to advise them of

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his or her desire to address the body, and

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     WHEREAS, as a result, citizens are increasingly frustrated

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in their attempts to speak or comment at meetings of local

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government authorities, often traveling to such meetings multiple

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times, only to find that they are not given the opportunity to be

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heard, and

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     WHEREAS, the curtailment of citizen participation in local

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government is antithetical not only to the expressed intent of

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Florida's highly respected open government laws but to the

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principles on which this nation was founded, and

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     WHEREAS, it is the intent of the Legislature, through this

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act, to prevent local governments from thwarting their citizens'

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right to speak on issues of concern to them and to codify the

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entitlement to certain basic levels of citizen participation and

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input at meetings of local government authorities, NOW,

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THEREFORE,

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

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     Section 1.  Section 286.0114, Florida Statutes, is created

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to read:

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     286.0114 Meetings of governing bodies of local government

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authorities; citizen participation entitlement.--

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     (1) SHORT TITLE.--This act may be cited as the "Vox Populi

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- Voice of the People Act."

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     (2) DEFINITIONS.--For purposes of this section, the term:

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     (a) "Governing body" means the governing body or governing

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board of a local government authority as defined in paragraph

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(b), and includes both elected and appointed members thereof.

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     (b) "Local government authority" means any regional,

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county, or municipal governmental entity, special district,

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community college district, or school district, or any elected or

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appointed political subdivision thereof.

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     (c) "Public meeting" means any meeting of the governing

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body of a local government authority, whether designated as a

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regular meeting, special meeting, or emergency meeting, not

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otherwise exempt from public meeting requirements under state or

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federal law.

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     (3) PURPOSE.--The State of Florida is committed to

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democratic, participatory government that seeks to involve

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citizens in all aspects of the decisionmaking process. The

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purpose of this act is to delineate and prescribe uniform

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requirements with respect to opportunities for citizen input and

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full citizen participation at official meetings of governing

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bodies of local government authorities.

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     (4) MEETING DECORUM.--

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     (a) Meetings of the governing body of a local government

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authority are formal governmental meetings that are conducted to

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transact public business. In conducting the public's business,

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the governing body shall maintain a commitment to the principles

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of civility, honor, and dignity. Individuals appearing before the

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governing body of a local government authority are required to

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observe these principles when making comments on items and issues

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before the governing body for consideration.

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     (b) Individuals appearing before the governing body may,

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but shall not be required to, state their name and address for

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the public record. All comments must be made from an easily

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accessible central location or by other reasonable accommodations

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and shall address the subject of the agenda item. Members of the

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governing body, staff members, and citizens are required to use

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civil and appropriate language when addressing the governing body

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or the audience and must refrain from using profanity, cursing,

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or exhibiting aggressive or threatening behavior when addressing

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the governing body or other participants. All comments must be

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directed to the presiding officer and not to individual members

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of the governing body or to the audience. No personal verbal

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attacks toward any individual by either the governing body,

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staff, or citizens shall be allowed during a meeting of the

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governing body.

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     (c) Participants shall adhere to their allotted time for

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addressing the governing body as provided in this section and may

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submit written documents in order to fully address their concerns

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with the governing body.

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     (5) CITIZEN PARTICIPATION ENTITLEMENT; REQUIREMENTS.--The

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governing body of a local government authority must provide

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opportunities for citizens to address issues at official meetings

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of the governing body during each order of business as described

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in paragraphs (a)-(f):

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     (a) Non-agenda or citizen-participation order of

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business.--

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     1. The governing body of a local government authority must

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allocate, at a minimum, 15 minutes at the beginning of each

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meeting of the governing body for citizens who wish to appear

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before the governing body to make a request of the governing

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body, voice a complaint or concern, express an opinion, or

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express recognition. The presiding officer shall divide the

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allotted time equally among all who have registered to speak, but

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in no case may a citizen be allotted less than 3 minutes to

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speak. An extension of time may be granted by the presiding

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officer at the discretion of the presiding officer or upon a

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majority vote of the governing body. If an item presented under

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the citizen-participation portion of the non-agenda order of

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business requires a longer presentation by the citizen or

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requires staff research or materials, the item shall be

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rescheduled by the presiding officer for a future meeting of the

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governing body under the citizen-participation portion of the

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order of business dealing with agenda items.

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     2. The non-agenda or citizen-participation order of

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business shall be scheduled near the beginning of the meeting and

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in no event shall the non-agenda or citizen-participation order

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of business be the final item on the order of business, unless

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provision is made for more than one non-agenda or citizen-

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participation order of business per meeting.

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     (b) Agenda order of business.--

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     1. An item brought before the governing body under the

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citizen-participation or non-agenda order of business which

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cannot be presented within the prescribed 3-minute timeframe or

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which requires additional research or materials in order for the

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governing body to properly respond may be placed on the governing

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body's agenda by either of the following means:

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     a. The presiding officer shall schedule the item for a

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future meeting of the governing body under the citizen-

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participation portion of the agenda; or

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     b. The citizen must submit a request in writing to appear

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on the governing body's agenda and file such request with the

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office of the appropriate official designated by the governing

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body for the filing of such request a minimum of 2 weeks in

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advance of the meeting of the governing body. The written request

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shall state the nature of the item and shall request that the

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item be placed on an upcoming agenda of the governing body. A

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copy of the letter must be provided to the governing body on the

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day that it is received by the designated official's office. The

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designated official shall ensure that a copy of the letter is

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provided to the proper governmental department so that research

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can be conducted and information provided to the governing body

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as part of the agenda and to allow staff an appropriate amount of

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time to prepare a staff report and provide additional data to the

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governing body that will assist in making a decision.

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     2. The individual making the request and the staff of the

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governing body shall be granted all the time necessary to make

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the presentation. Any other individual who wishes to address the

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governing body in either support of or opposition to the agenda

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item shall be allotted no less than 3 minutes to make his or her

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presentation. An extension of time may be granted by the

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presiding officer at the discretion of the presiding officer or

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upon a majority vote of the governing body. The presiding officer

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may rule an individual out of order if he or she begins repeating

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information that has already been presented by either the

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individual who made the request or another individual who has

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already spoken either in favor of or in opposition to the agenda

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item.

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     (c) Submission of petitions.--With respect to the order of

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business devoted to petitions to the governing body that are not

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part of another agenda item or that are part of the citizen-

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participation portion of the non-agenda order of business, the

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allotment of time for the presentation must be no less than 3

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minutes. An extension of time may be granted by the presiding

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officer at the discretion of the presiding officer or upon a

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majority vote of the governing body. If the extension is not

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granted, the citizen may request that the item be scheduled as an

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agenda item pursuant to subparagraph (a)1.

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     (d) Public hearings.--

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     1.a. For purposes of this section, "public hearings" are

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formal hearings conducted by the governing body of a local

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government authority pursuant to state or federal law which may:

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     (I) Be legally noticed.

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     (II) Be advertised hearings for specific items scheduled on

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the agenda of the governing body.

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     (III) Be quasi-judicial or legislative in nature.

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     (IV) Have specific formats that must be followed and that

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are established by law.

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     b. All ordinance considerations are conducted as formal

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public hearings and are normally considered as a normal agenda

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item. In cases of ordinance consideration, the presiding officer

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shall announce that the hearing is a public hearing.

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     2. During a public hearing, a citizen other than an

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applicant who wishes to address the governing body may do so by

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either completing a citizen-participation form prior to the

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commencement of the meeting or by raising his or her hand at the

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time the presiding officer inquires as to the presence of

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citizens wishing to address the issue and waiting to be

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recognized by the presiding officer. Persons who have completed a

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citizen-participation form prior to the beginning of the meeting

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shall be allowed to speak first. All individuals addressing the

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governing body must clearly state their name and address for the

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record. Citizens shall be allotted no less than 3 minutes per

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person to address the governing body. An extension of time may be

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granted by the presiding officer at the discretion of the

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presiding officer or upon a majority vote of the governing body.

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The presiding officer may rule an individual out of order if he

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or she begins to repeat information or present material that has

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already been presented by the other speakers.

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     (e) Regular agenda.--

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     1. The governing body must provide an opportunity for

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citizens to address all other agenda items, allowing citizens to

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speak in favor of or in opposition to a normal agenda item or to

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ask questions about such item. If the item is on the governing

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body's consent agenda and a citizen expresses a desire to speak

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to or ask questions regarding the item, the governing body must

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withdraw the item from the consent agenda. Citizens must be

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allowed no less than 3 minutes to comment or ask questions

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regarding the item. An extension of time may be granted by the

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presiding officer at the discretion of the presiding officer or

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upon a majority vote of the governing body. If the citizen's

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questions cannot be answered in a reasonably brief amount of

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time, the governing body may table the item and schedule it at a

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regular meeting of the governing body or take final action on the

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item. The presiding officer must recognize all who wish to speak.

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The presiding officer may rule an individual out of order if he

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or she begins to repeat information or present materials

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presented by other speakers.

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     2. If the item is on the non-consent agenda, citizens must

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be given no less than 3 minutes to comment or ask questions about

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the agenda item, with an extension of time to be granted by the

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presiding officer at the discretion of the presiding officer or

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upon a majority vote of the governing body. The presiding officer

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must recognize all who wish to speak. The presiding officer may

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rule an individual out of order if he or she begins to repeat

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information or present materials presented by other speakers.

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     (f) Governing body reports and comments.--At the conclusion

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of each meeting of the governing body, the governing body must

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schedule an order of business during which the governing body

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reports with respect to various boards, committees, and groups on

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which the local government authority is represented. The

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governing body must allocate time to make general comments during

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which citizens who desire additional information concerning such

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boards, committees, and groups and the actions thereof may try to

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obtain information and during which citizens can address or seek

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clarification on general comments made by the governing body. The

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presiding officer must allow citizens to comment on or ask

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questions regarding reports or comments made by the governing

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body members. Citizens must be given no less than 3 minutes to

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comment or ask questions. An extension of time may be granted by

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the presiding officer at the discretion of the presiding officer

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or upon a majority vote of the governing body. The questions or

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comments must address the item that is being presented to the

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governing body by the other governing body members. The presiding

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officer must recognize an individual who indicates a desire to

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speak on the item. The presiding officer may rule an individual

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out of order if he or she is not addressing the issue that is

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being discussed or is repeating information or presenting

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materials that have been presented by others.

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     (6) ADOPTION OF WRITTEN POLICY.--Each local government

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authority must adopt a written policy that implements the

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requirements of this section by October 1, 2008. The policy must

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be prominently displayed at the site of all meetings of the local

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government authority that are subject to the provisions of this

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act. If the local government authority maintains a website, the

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policy or a link thereto must be prominently displayed on the

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home page of the website within 30 days after the adoption of the

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policy.

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     (7) CONSTRUCTION.--Nothing in this act shall preclude a

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local government authority from adopting a policy that provides

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for greater rights or opportunities for citizens to comment on or

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participate in public meetings of the governing body of a local

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government authority.

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