| 1 | A bill to be entitled |
| 2 | An act relating to public meetings; amending s. 286.011, |
| 3 | F.S.; providing a right for members of the public to be |
| 4 | heard at meetings of certain governmental boards and |
| 5 | commissions; prescribing conditions qualifying, and |
| 6 | exceptions to, the right; providing for the adoption of |
| 7 | rules governing the conduct of, and behavior at, the |
| 8 | meetings; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 286.011, Florida Statutes, is amended |
| 13 | to read: |
| 14 | 286.011 Public meetings and records; public inspection; |
| 15 | criminal and civil penalties.- |
| 16 | (1)(a) All meetings of any board or commission of any |
| 17 | state agency or authority or of any agency or authority of any |
| 18 | county, municipal corporation, or political subdivision, except |
| 19 | as otherwise provided in the Constitution, at which official |
| 20 | acts are to be taken: |
| 21 | 1. Are declared to be public meetings open to the public |
| 22 | at all times;, and |
| 23 | 2. Shall include an opportunity for members of the public |
| 24 | to be heard before or during consideration of any agenda item on |
| 25 | which an official act will be taken, subject to reasonable rules |
| 26 | or policies adopted by the board or commission to ensure the |
| 27 | orderly conduct of a public meeting. |
| 28 |
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| 29 | No resolution, rule, or formal action shall be considered |
| 30 | binding except as taken or made at such meeting. The board or |
| 31 | commission must provide reasonable notice of all such meetings. |
| 32 | (b) The requirements of subparagraph (a)2. do not apply |
| 33 | to: |
| 34 | 1. An official act that must be taken to deal with an |
| 35 | emergency situation affecting the public health, welfare, or |
| 36 | safety, when compliance with the requirements would cause an |
| 37 | unreasonable delay in the ability of the board or commission to |
| 38 | act; or |
| 39 | 2. An official act involving no more than a ministerial |
| 40 | act. |
| 41 | (c) A board or commission subject to chapter 120 shall |
| 42 | adopt rules under ss. 120.536(1) and 120.54 as provided in |
| 43 | subparagraph (a)2. which may: |
| 44 | 1. Limit the time an individual has to address the board |
| 45 | or commission; |
| 46 | 2. Require, at meetings in which a large number of |
| 47 | individuals may wish to be heard, that a representative of a |
| 48 | group or faction on an issue, rather than all of the members of |
| 49 | the group or faction, address the board or commission; or |
| 50 | 3. Prescribe procedures or forms for an individual to use |
| 51 | in order to inform the board or commission of a desire to be |
| 52 | heard. |
| 53 | (2) The minutes of a meeting of any such board or |
| 54 | commission of any such state agency or authority shall be |
| 55 | promptly recorded, and such records shall be open to public |
| 56 | inspection. The circuit courts of this state shall have |
| 57 | jurisdiction to issue injunctions to enforce the purposes of |
| 58 | this section upon application by any citizen of this state. |
| 59 | (3)(a) Any public officer who violates any provision of |
| 60 | this section is guilty of a noncriminal infraction, punishable |
| 61 | by fine not exceeding $500. |
| 62 | (b) Any person who is a member of a board or commission or |
| 63 | of any state agency or authority of any county, municipal |
| 64 | corporation, or political subdivision who knowingly violates the |
| 65 | provisions of this section by attending a meeting not held in |
| 66 | accordance with the provisions hereof is guilty of a misdemeanor |
| 67 | of the second degree, punishable as provided in s. 775.082 or s. |
| 68 | 775.083. |
| 69 | (c) Conduct which occurs outside the state which would |
| 70 | constitute a knowing violation of this section is a misdemeanor |
| 71 | of the second degree, punishable as provided in s. 775.082 or s. |
| 72 | 775.083. |
| 73 | (4) Whenever an action has been filed against any board or |
| 74 | commission of any state agency or authority or any agency or |
| 75 | authority of any county, municipal corporation, or political |
| 76 | subdivision to enforce the provisions of this section or to |
| 77 | invalidate the actions of any such board, commission, agency, or |
| 78 | authority, which action was taken in violation of this section, |
| 79 | and the court determines that the defendant or defendants to |
| 80 | such action acted in violation of this section, the court shall |
| 81 | assess a reasonable attorney's fee against such agency, and may |
| 82 | assess a reasonable attorney's fee against the individual filing |
| 83 | such an action if the court finds it was filed in bad faith or |
| 84 | was frivolous. Any fees so assessed may be assessed against the |
| 85 | individual member or members of such board or commission; |
| 86 | provided, that in any case where the board or commission seeks |
| 87 | the advice of its attorney and such advice is followed, no such |
| 88 | fees shall be assessed against the individual member or members |
| 89 | of the board or commission. However, this subsection shall not |
| 90 | apply to a state attorney or his or her duly authorized |
| 91 | assistants or any officer charged with enforcing the provisions |
| 92 | of this section. |
| 93 | (5) Whenever any board or commission of any state agency |
| 94 | or authority or any agency or authority of any county, municipal |
| 95 | corporation, or political subdivision appeals any court order |
| 96 | which has found said board, commission, agency, or authority to |
| 97 | have violated this section, and such order is affirmed, the |
| 98 | court shall assess a reasonable attorney's fee for the appeal |
| 99 | against such board, commission, agency, or authority. Any fees |
| 100 | so assessed may be assessed against the individual member or |
| 101 | members of such board or commission; provided, that in any case |
| 102 | where the board or commission seeks the advice of its attorney |
| 103 | and such advice is followed, no such fees shall be assessed |
| 104 | against the individual member or members of the board or |
| 105 | commission. |
| 106 | (6) All persons subject to subsection (1) are prohibited |
| 107 | from holding meetings at any facility or location which |
| 108 | discriminates on the basis of sex, age, race, creed, color, |
| 109 | origin, or economic status or which operates in such a manner as |
| 110 | to unreasonably restrict public access to such a facility. |
| 111 | (7) Whenever any member of any board or commission of any |
| 112 | state agency or authority or any agency or authority of any |
| 113 | county, municipal corporation, or political subdivision is |
| 114 | charged with a violation of this section and is subsequently |
| 115 | acquitted, the board or commission is authorized to reimburse |
| 116 | said member for any portion of his or her reasonable attorney's |
| 117 | fees. |
| 118 | (8) Notwithstanding the provisions of subsection (1), any |
| 119 | board or commission of any state agency or authority or any |
| 120 | agency or authority of any county, municipal corporation, or |
| 121 | political subdivision, and the chief administrative or executive |
| 122 | officer of the governmental entity, may meet in private with the |
| 123 | entity's attorney to discuss pending litigation to which the |
| 124 | entity is presently a party before a court or administrative |
| 125 | agency, provided that the following conditions are met: |
| 126 | (a) The entity's attorney shall advise the entity at a |
| 127 | public meeting that he or she desires advice concerning the |
| 128 | litigation. |
| 129 | (b) The subject matter of the meeting shall be confined to |
| 130 | settlement negotiations or strategy sessions related to |
| 131 | litigation expenditures. |
| 132 | (c) The entire session shall be recorded by a certified |
| 133 | court reporter. The reporter shall record the times of |
| 134 | commencement and termination of the session, all discussion and |
| 135 | proceedings, the names of all persons present at any time, and |
| 136 | the names of all persons speaking. No portion of the session |
| 137 | shall be off the record. The court reporter's notes shall be |
| 138 | fully transcribed and filed with the entity's clerk within a |
| 139 | reasonable time after the meeting. |
| 140 | (d) The entity shall give reasonable public notice of the |
| 141 | time and date of the attorney-client session and the names of |
| 142 | persons who will be attending the session. The session shall |
| 143 | commence at an open meeting at which the persons chairing the |
| 144 | meeting shall announce the commencement and estimated length of |
| 145 | the attorney-client session and the names of the persons |
| 146 | attending. At the conclusion of the attorney-client session, the |
| 147 | meeting shall be reopened, and the person chairing the meeting |
| 148 | shall announce the termination of the session. |
| 149 | (e) The transcript shall be made part of the public record |
| 150 | upon conclusion of the litigation. |
| 151 | Section 2. This act shall take effect July 1, 2011. |