HB 851

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


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