CS/HB 991

1
A bill to be entitled
2An act relating to public meeting requirements for
3governing boards of local government authorities; creating
4s. 286.0114, F.S.; creating the "Vox Populi - Voice of the
5People Act"; providing definitions; providing purpose;
6providing requirements with respect to decorum in meetings
7of the governing boards of local government authorities;
8requiring the governing body of a local government
9authority to provide specified opportunities for citizens
10to address issues at meetings of the governing body;
11prescribing allocations of time for citizen participation;
12providing restrictions with respect to the placement of
13non-agenda and citizen-participation orders of business
14within an order of consideration; providing procedures and
15requirements with respect to specified orders of business
16and agendas of meetings of governing boards of local
17government authorities; defining "public hearings";
18requiring local government authorities to adopt a written
19policy that implements the requirements of the act by a
20specified date; providing for public and electronic
21notification of policy; authorizing local government
22authorities to opt out of the requirements of the act;
23providing requirements and criteria with respect thereto;
24providing construction; providing an effective date.
25
26     WHEREAS, despite Florida's reputation for having far-
27reaching and effective open government laws, some local
28governments in the state do not allow, or severely restrict
29without proper guidelines, the ability of citizens to speak or
30comment on agenda items during their public meetings, and
31     WHEREAS, though some local governments have policies which
32provide for public participation, some have also developed a
33variety of methods for circumventing their own policies, such as
34characterizing agenda items as "workshops" or "discussions" or
35as items on which "no vote will be taken," and
36     WHEREAS, other methods of frustrating citizen participation
37include simple refusal by the chair of the local governing body
38to recognize a citizen who wishes to speak or the imposition of
39a precondition that a prospective speaker must contact the local
40government authority in advance of the meeting to advise them of
41his or her desire to address the body, and
42     WHEREAS, as a result, citizens are increasingly frustrated
43in their attempts to speak or comment at meetings of local
44government authorities, often traveling to such meetings
45multiple times, only to find that they are not given the
46opportunity to be heard, and
47     WHEREAS, the curtailment of citizen participation in local
48government is antithetical not only to the expressed intent of
49Florida's highly respected open government laws but to the
50principles on which this nation was founded, and
51     WHEREAS, it is the intent of the Legislature, through this
52act, to prevent local governments from thwarting their citizens'
53right to speak on issues of concern to them and to codify the
54entitlement to certain basic levels of citizen participation and
55input at meetings of local government authorities, NOW,
56THEREFORE,
57
58Be It Enacted by the Legislature of the State of Florida:
59
60     Section 1.  Section 286.0114, Florida Statutes, is created
61to read:
62     286.0114  Meetings of governing bodies of local government
63authorities; citizen participation entitlement.--
64     (1)  SHORT TITLE.--This act may be cited as the "Vox Populi
65- Voice of the People Act."
66     (2)  DEFINITIONS.--For purposes of this section, the term:
67     (a)  "Governing body" means the governing body or governing
68board of a local government authority as defined in paragraph
69(b), and includes both elected and appointed members thereof.
70     (b)  "Local government authority" means any regional,
71county, or municipal governmental entity, special district,
72community college district, or school district, or any elected
73or appointed political subdivision thereof.
74     (c)  "Public meeting" means any meeting of the governing
75body of a local government authority, whether designated as a
76regular meeting, special meeting, or emergency meeting, not
77otherwise exempt from public meeting requirements under state or
78federal law.
79     (3)  PURPOSE.--The State of Florida is committed to
80democratic, participatory government that seeks to involve
81citizens in all aspects of the decisionmaking process. The
82purpose of this act is to delineate and prescribe uniform
83requirements with respect to opportunities for citizen input and
84full citizen participation at official meetings of governing
85bodies of local government authorities.
86     (4)  MEETING DECORUM.--
87     (a)  Meetings of the governing body of a local government
88authority are formal governmental meetings that are conducted to
89transact public business. In conducting the public's business,
90the governing body shall maintain a commitment to the principles
91of civility, honor, and dignity. Individuals appearing before
92the governing body of a local government authority are required
93to observe these principles when making comments on items and
94issues before the governing body for consideration.
95     (b)  Individuals appearing before the governing body may,
96but shall not be required to, state their name and address for
97the public record. All comments must be made from an easily
98accessible central location or by other reasonable
99accommodations and shall address the subject of the agenda item.
100Members of the governing body, staff members, and citizens are
101required to use civil and appropriate language when addressing
102the governing body or the audience and must refrain from using
103profanity, cursing, or exhibiting aggressive or threatening
104behavior when addressing the governing body or other
105participants. All comments must be directed to the presiding
106officer and not to individual members of the governing body or
107to the audience. No personal verbal attacks toward any
108individual by either the governing body, staff, or citizens
109shall be allowed during a meeting of the governing body.
110     (c)  Participants shall adhere to their allotted time for
111addressing the governing body as provided in this section and
112may submit written documents in order to fully address their
113concerns with the governing body.
114     (5)  CITIZEN PARTICIPATION ENTITLEMENT; REQUIREMENTS.--The
115governing body of a local government authority must provide
116opportunities for citizens to address issues at official
117meetings of the governing body during each order of business as
118described in paragraphs (a)-(f):
119     (a)  Non-agenda or citizen-participation order of
120business.--
121     1.  The governing body of a local government authority must
122allocate, at a minimum, 15 minutes at the beginning of each
123meeting of the governing body for citizens who wish to appear
124before the governing body to make a request of the governing
125body, voice a complaint or concern, express an opinion, or
126express recognition. The presiding officer shall divide the
127allotted time equally among all who have registered to speak,
128but in no case may a citizen be allotted less than 3 minutes to
129speak. An extension of time may be granted by the presiding
130officer at the discretion of the presiding officer or upon a
131majority vote of the governing body. If an item presented under
132the citizen-participation portion of the non-agenda order of
133business requires a longer presentation by the citizen or
134requires staff research or materials, the item shall be
135rescheduled by the presiding officer for a future meeting of the
136governing body under the citizen-participation portion of the
137order of business dealing with agenda items.
138     2.  The non-agenda or citizen-participation order of
139business shall be scheduled near the beginning of the meeting
140and in no event shall the non-agenda or citizen-participation
141order of business be the final item on the order of business,
142unless provision is made for more than one non-agenda or
143citizen-participation order of business per meeting.
144     (b)  Agenda order of business.--
145     1.  An item brought before the governing body under the
146citizen-participation or non-agenda order of business which
147cannot be presented within the prescribed 3-minute timeframe or
148which requires additional research or materials in order for the
149governing body to properly respond may be placed on the
150governing body's agenda by either of the following means:
151     a.  The presiding officer shall schedule the item for a
152future meeting of the governing body under the citizen-
153participation portion of the agenda; or
154     b.  The citizen must submit a request in writing to appear
155on the governing body's agenda and file such request with the
156office of the appropriate official designated by the governing
157body for the filing of such request a minimum of 2 weeks in
158advance of the meeting of the governing body. The written
159request shall state the nature of the item and shall request
160that the item be placed on an upcoming agenda of the governing
161body. A copy of the letter must be provided to the governing
162body on the day that it is received by the designated official's
163office. The designated official shall ensure that a copy of the
164letter is provided to the proper governmental department so that
165research can be conducted and information provided to the
166governing body as part of the agenda and to allow staff an
167appropriate amount of time to prepare a staff report and provide
168additional data to the governing body that will assist in making
169a decision.
170     2.  The individual making the request and the staff of the
171governing body shall be granted all the time necessary to make
172the presentation. Any other individual who wishes to address the
173governing body in either support of or opposition to the agenda
174item shall be allotted no less than 3 minutes to make his or her
175presentation. An extension of time may be granted by the
176presiding officer at the discretion of the presiding officer or
177upon a majority vote of the governing body. The presiding
178officer may rule an individual out of order if he or she begins
179repeating information that has already been presented by either
180the individual who made the request or another individual who
181has already spoken either in favor of or in opposition to the
182agenda item.
183     (c)  Submission of petitions.--With respect to the order of
184business devoted to petitions to the governing body that are not
185part of another agenda item or that are part of the citizen-
186participation portion of the non-agenda order of business, the
187allotment of time for the presentation must be no less than 3
188minutes. An extension of time may be granted by the presiding
189officer at the discretion of the presiding officer or upon a
190majority vote of the governing body. If the extension is not
191granted, the citizen may request that the item be scheduled as
192an agenda item pursuant to subparagraph (a)1.
193     (d)  Public hearings.--
194     1.a.  For purposes of this section, "public hearings" are
195formal hearings conducted by the governing body of a local
196government authority pursuant to state or federal law which may:
197     (I)  Be legally noticed.
198     (II)  Be advertised hearings for specific items scheduled
199on the agenda of the governing body.
200     (III)  Be quasi-judicial or legislative in nature.
201     (IV)  Have specific formats that must be followed and that
202are established by law.
203     b.  All ordinance considerations are conducted as formal
204public hearings and are normally considered as a normal agenda
205item. In cases of ordinance consideration, the presiding officer
206shall announce that the hearing is a public hearing.
207     2.  During a public hearing, a citizen other than an
208applicant who wishes to address the governing body may do so by
209either completing a citizen-participation form prior to the
210commencement of the meeting or by raising his or her hand at the
211time the presiding officer inquires as to the presence of
212citizens wishing to address the issue and waiting to be
213recognized by the presiding officer. Persons who have completed
214a citizen-participation form prior to the beginning of the
215meeting shall be allowed to speak first. All individuals
216addressing the governing body must clearly state their name and
217address for the record. Citizens shall be allotted no less than
2183 minutes per person to address the governing body. An extension
219of time may be granted by the presiding officer at the
220discretion of the presiding officer or upon a majority vote of
221the governing body. The presiding officer may rule an individual
222out of order if he or she begins to repeat information or
223present material that has already been presented by the other
224speakers.
225     (e)  Regular agenda.--
226     1.  The governing body must provide an opportunity for
227citizens to address all other agenda items, allowing citizens to
228speak in favor of or in opposition to a normal agenda item or to
229ask questions about such item. If the item is on the governing
230body's consent agenda and a citizen expresses a desire to speak
231to or ask questions regarding the item, the governing body must
232withdraw the item from the consent agenda. Citizens must be
233allowed no less than 3 minutes to comment or ask questions
234regarding the item. An extension of time may be granted by the
235presiding officer at the discretion of the presiding officer or
236upon a majority vote of the governing body. If the citizen's
237questions cannot be answered in a reasonably brief amount of
238time, the governing body may table the item and schedule it at a
239regular meeting of the governing body or take final action on
240the item. The presiding officer must recognize all who wish to
241speak. The presiding officer may rule an individual out of order
242if he or she begins to repeat information or present materials
243presented by other speakers.
244     2.  If the item is on the non-consent agenda, citizens must
245be given no less than 3 minutes to comment or ask questions
246about the agenda item, with an extension of time to be granted
247by the presiding officer at the discretion of the presiding
248officer or upon a majority vote of the governing body. The
249presiding officer must recognize all who wish to speak. The
250presiding officer may rule an individual out of order if he or
251she begins to repeat information or present materials presented
252by other speakers.
253     (f)  Governing body reports and comments.--At the
254conclusion of each meeting of the governing body, the governing
255body must schedule an order of business during which the
256governing body reports with respect to various boards,
257committees, and groups on which the local government authority
258is represented. The governing body must allocate time to make
259general comments during which citizens who desire additional
260information concerning such boards, committees, and groups and
261the actions thereof may try to obtain information and during
262which citizens can address or seek clarification on general
263comments made by the governing body. The presiding officer must
264allow citizens to comment on or ask questions regarding reports
265or comments made by the governing body members. Citizens must be
266given no less than 3 minutes to comment or ask questions. An
267extension of time may be granted by the presiding officer at the
268discretion of the presiding officer or upon a majority vote of
269the governing body. The questions or comments must address the
270item that is being presented to the governing body by the other
271governing body members. The presiding officer must recognize an
272individual who indicates a desire to speak on the item. The
273presiding officer may rule an individual out of order if he or
274she is not addressing the issue that is being discussed or is
275repeating information or presenting materials that have been
276presented by others.
277     (6)  ADOPTION OF WRITTEN POLICY.--Each local government
278authority must adopt a written policy that implements the
279requirements of this section by October 1, 2008. The policy must
280be prominently displayed at the site of all meetings of the
281local government authority that are subject to the provisions of
282this act. If the local government authority maintains a website,
283the policy or a link thereto must be prominently displayed on
284the home page of the website within 30 days after the adoption
285of the policy.
286     (7)  OPTIONAL EXEMPTION FROM REQUIREMENTS.--
287     (a)  Each local government authority may opt out of the
288requirements of subsections (1) through (6) by adopting a
289written policy which sets forth the local government authority's
290policies with regard to public participation in the meetings of
291the authority. Such written policy must be adopted by the local
292government authority by October 1, 2008, in order for the
293authority to exempt itself from the requirements of subsections
294(1) through (6). Such exemption shall be subject to the
295requirements and criteria in paragraph (b):
296     (b)1.  A local government authority choosing to opt out of
297the requirements of subsections (1) through (6) as provided
298under paragraph (a) must conduct at least one public workshop,
299the purpose of which is to solicit the input of the public with
300respect to public participation in the meetings of the authority
301and to develop the authority's written policy with participation
302from the public. The workshop or workshops shall be advertised
303pursuant to the authority's requirements for noticing public
304meetings.
305     2.  At a minimum, the workshop or workshops shall address
306the following:
307     a.  An explanation of the authority's current procedures
308for public participation in meetings of the authority, if any;
309     b.  Suggestions from the public regarding changes to any
310current procedures of the authority with respect to public
311participation in meetings or for the development of new
312procedures with respect to public participation in such
313meetings;
314     c.  The scheduling of public testimony for various types of
315issues and agendas at meetings of the local government authority
316and the specification of appropriate duration of public
317testimony;
318     d.  A process by which members of the public can submit
319written documents or petitions to the authority; and
320     e.  A process for members of the local government authority
321to present reports on the various boards, committees, or groups
322organized under the local government authority on which the
323members of the local government authority serve.
324     (c)  If the local government authority maintains a website,
325the written policy adopted under this subsection or a link
326thereto shall be available on the homepage of the website within
32730 days after the adoption of the policy.
328     (8)  CONSTRUCTION.--Nothing in subsections (1) through (6)
329shall preclude a local government authority from adopting a
330policy that provides for greater rights or opportunities for
331citizens to comment on or participate in public meetings of the
332governing body of a local government authority.
333     Section 2.  This act shall take effect July 1, 2008.


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