Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 206
       
       
       
       
       
       
                                Barcode 111746                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             02/13/2012 01:57 PM       .                                
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       Senator Negron moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 58 - 98
    4  and insert:
    5         (3) Rules or policies of a board or commission must be
    6  limited to rules or policies that:
    7         (a) Limit the time an individual has to address the board
    8  or commission;
    9         (b) Require, at meetings in which a large number of
   10  individuals wish to be heard, that representatives of groups or
   11  factions on an item, rather than all of the members of the
   12  groups or factions, address the board or commission;
   13         (c) Prescribe procedures or forms for an individual to use
   14  in order to inform the board or commission of a desire to be
   15  heard; to indicate his or her support, opposition, or neutrality
   16  on a proposition; and to indicate his or her designation of a
   17  representative to speak for him or her or his or her group on a
   18  proposition if he or she so chooses; or
   19         (d) Designate a specified period of time for public
   20  comment.
   21         (4)(a) If a board or commission adopts rules or policies in
   22  compliance with this section and follows such rules or policies
   23  when providing an opportunity for members of the public to be
   24  heard, it is presumed that the board or commission is acting in
   25  compliance with this section.
   26         (b) Whenever an action is filed against a board or
   27  commission of any state agency or authority of a county,
   28  municipal corporation, or political subdivision to enforce the
   29  provisions of this section, the court shall assess reasonable
   30  attorney fees against such agency or authority if the court
   31  determines that the defendant to such action acted in violation
   32  of this section. The court may assess reasonable attorney fees
   33  against the individual filing such an action if the court finds
   34  that the action was filed in bad faith or was frivolous. This
   35  paragraph does not apply to a state attorney or his or her duly
   36  authorized assistants or any officer charged with enforcing the
   37  provisions of this section.
   38         (c) Any action taken by a board or commission which is
   39  found to be in violation of this section is not void as a result
   40  of that violation.
   41         (d) The circuit courts shall have jurisdiction to issue
   42  injunctions for the purpose of enforcing this section upon the
   43  filing of an application for such injunction by any citizen of
   44  this state.
   45  
   46  ================= T I T L E  A M E N D M E N T ================
   47         And the title is amended as follows:
   48         Delete lines 21 - 22
   49  and insert:
   50         the act; providing an