Florida Senate - 2017 SB 1004 By Senator Baxley 12-01459A-17 20171004__ 1 A bill to be entitled 2 An act relating to public meetings and public records; 3 amending s. 286.011, F.S.; exempting meetings between 4 two members of certain boards or commissions from 5 public meetings and public records requirements; 6 providing restrictions on such meetings; providing for 7 future legislative review and repeal of the exemption; 8 providing a statement of public necessity; providing 9 an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (9) is added to section 286.011, 14 Florida Statutes, and subsections (1) and (2) of that section 15 are republished, to read: 16 286.011 Public meetings and records; public inspection; 17 criminal and civil penalties.— 18 (1) All meetings of any board or commission of any state 19 agency or authority or of any agency or authority of any county, 20 municipal corporation, or political subdivision, except as 21 otherwise provided in the Constitution, including meetings with 22 or attended by any person elected to such board or commission, 23 but who has not yet taken office, at which official acts are to 24 be taken are declared to be public meetings open to the public 25 at all times, and no resolution, rule, or formal action shall be 26 considered binding except as taken or made at such meeting. The 27 board or commission must provide reasonable notice of all such 28 meetings. 29 (2) The minutes of a meeting of any such board or 30 commission of any such state agency or authority shall be 31 promptly recorded, and such records shall be open to public 32 inspection. The circuit courts of this state shall have 33 jurisdiction to issue injunctions to enforce the purposes of 34 this section upon application by any citizen of this state. 35 (9)(a) Notwithstanding subsections (1) and (2), two members 36 of any board or commission, including persons elected or 37 appointed to such board or commission who have not yet taken 38 office, of any state agency or authority or any agency or 39 authority of any county, municipal corporation, or political 40 subdivision with a total membership of at least five members may 41 meet in private and discuss public business without providing 42 notice of such meeting, recording such meeting, or making such 43 records open to public inspection, and such meetings are exempt 44 from this section, s. 119.07(1), and s. 24(a) and (b), Art. I of 45 the State Constitution, if: 46 1. The members do not adopt a resolution or rule or take 47 any other formal action, or agree to do so at a future meeting, 48 at such meeting. A resolution or rule adopted, or any other 49 formal action taken, in violation of this subparagraph is void. 50 2. The members do not discuss an appropriation, a contract, 51 or any other public business that involves the direct 52 expenditure of public funds to a private vendor. 53 3. The meeting is not intended to frustrate or circumvent 54 the purpose of this section. 55 (b) This subsection is subject to the Open Government 56 Sunset Review Act in accordance with s. 119.15 and shall stand 57 repealed on October 2, 2022, unless reviewed and saved from 58 repeal through reenactment by the Legislature. 59 Section 2. The Legislature finds that it is a public 60 necessity that meetings between two members of any board or 61 commission, including persons elected or appointed to such board 62 or commission who have not yet taken office, of any state agency 63 or authority or any agency or authority of any county, municipal 64 corporation, or political subdivision with a total membership of 65 at least five members should be exempt from ss. 286.011 and 66 119.07(1), Florida Statutes, and s. 24(a) and (b), Article I of 67 the State Constitution, and should be authorized to meet and 68 discuss public business without providing notice of such 69 meeting, recording such meeting, or making such records open to 70 public inspection. Individual members of any board or commission 71 are authorized to gather information and discuss topics, ideas, 72 and issues in private, one-on-one meetings in order to 73 facilitate a more thorough vetting of policies and 74 appropriations that such members are responsible for examining 75 and understanding. Exempting such one-on-one meetings from 76 public meetings and records requirements will allow such members 77 to better serve the interests of the public which they have been 78 elected or appointed to represent. Therefore, the Legislature 79 finds that this exemption from public meetings and public 80 records requirements is a public necessity. 81 Section 3. This act shall take effect July 1, 2017.