1 | A bill to be entitled |
2 | An act relating to public meetings; amending s. 286.011, |
3 | F.S.; expanding persons authorized to attend a private |
4 | meeting between a governmental entity and the entity's |
5 | attorneys to discuss pending litigation to which the |
6 | governmental entity is a party before a court or |
7 | administrative agency; revising and providing additional |
8 | conditions precedent to such private meetings; providing |
9 | an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Subsection (8) of section 286.011, Florida |
14 | Statutes, is amended to read: |
15 | 286.011 Public meetings and records; public inspection; |
16 | criminal and civil penalties.-- |
17 | (8) Notwithstanding the provisions of subsection (1), any |
18 | board or commission of any state agency or authority or any |
19 | agency or authority of any county, municipal corporation, or |
20 | political subdivision, and the chief administrative or executive |
21 | officer of the governmental entity, the risk manager of the |
22 | governmental entity, and the division heads of the governmental |
23 | entity that are involved in pending litigation, as identified by |
24 | the chief administrative or executive officer, may meet in |
25 | private with the entity's attorneys attorney to discuss pending |
26 | litigation to which the entity is presently a party before a |
27 | court or administrative agency, if provided that the following |
28 | conditions are met: |
29 | (a) The entity's attorney advises shall advise the entity |
30 | at a public meeting that he or she desires advice concerning the |
31 | litigation, which advisory announcement may be made immediately |
32 | before the attorney-client session. |
33 | (b) The subject matter of the meeting is shall be confined |
34 | to settlement negotiations or strategy sessions relating related |
35 | to litigation expenditures. |
36 | (c) The entire session is shall be recorded by a certified |
37 | court reporter. The reporter shall record the times of |
38 | commencement and termination of the session, all discussion and |
39 | proceedings, the names of all persons present at any time, and |
40 | the names of all persons speaking. No portion of the session |
41 | shall be off the record. The court reporter's notes must shall |
42 | be fully transcribed and filed with the entity's clerk within a |
43 | reasonable time after the meeting. |
44 | (d) The entity gives shall give reasonable public notice |
45 | of the time and date of the attorney-client session and the |
46 | names of persons who will be attending the session. The session |
47 | must shall commence at an open meeting at which the persons |
48 | chairing the meeting announce shall announce the commencement |
49 | and estimated length of the attorney-client session and the |
50 | names of the persons attending. At the conclusion of the |
51 | attorney-client session, the meeting must shall be reopened, and |
52 | the person chairing the meeting shall announce the termination |
53 | of the attorney-client session. |
54 | (e) The transcript is shall be made part of the public |
55 | record upon conclusion of the litigation. |
56 | (f) A person who is an adverse party to the litigation is |
57 | not permitted to attend the attorney-client session. |
58 | (g) A person in attendance at the attorney-client session |
59 | agrees not to disclose any part of the discussion that took |
60 | place during the session until the conclusion of the litigation |
61 | unless ordered by the court. |
62 | Section 2. This act shall take effect upon becoming a law. |