Florida Senate - 2018                                    SB 1092
       
       
        
       By Senator Rader
       
       
       
       
       
       29-01125-18                                           20181092__
    1                        A bill to be entitled                      
    2         An act relating to public meetings; reenacting and
    3         amending s. 286.011, F.S., relating to public
    4         meetings; specifying that a board or commission of any
    5         entity created by general or special law is subject to
    6         public meetings requirements; specifying that a
    7         board’s or commission’s adoption of an ordinance or a
    8         code is not binding unless public meetings
    9         requirements are met; revising notice requirements
   10         applicable to public meetings of a board or
   11         commission; providing that a member of the public has
   12         the right to speak at a public meeting of a board or
   13         commission; specifying circumstances under which a
   14         board or commission is not required to allow public
   15         comment or may restrict the length of time that a
   16         member of the public may speak; requiring members of a
   17         board or commission to respond to questions made at
   18         public meetings within a specified timeframe;
   19         requiring a board or commission to prescribe a form on
   20         which members of the public wishing to exercise their
   21         right to speak must provide certain information;
   22         providing civil and criminal penalties for violations
   23         of the act; conforming provisions to changes made by
   24         the act; repealing s. 286.0114, F.S., relating to the
   25         reasonable opportunity to be heard at public meetings;
   26         providing a declaration of important state interest;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 286.011, Florida Statutes, is reenacted
   32  and amended to read:
   33         286.011 Public meetings and records; public inspection;
   34  criminal and civil penalties.—
   35         (1) Except as otherwise provided in the State Constitution,
   36  all meetings of any board or commission of any state agency or
   37  authority; or of any agency or authority of any county,
   38  municipal corporation, or political subdivision; or of any
   39  entity created by general or special law, except as otherwise
   40  provided in the Constitution, including meetings with or
   41  attended by any person elected to such board or commission, but
   42  who has not yet taken office, at which official acts are to be
   43  taken are declared to be public meetings open to the public for
   44  public attendance and participation at all times. The adoption
   45  of a, and no resolution, rule, ordinance, or code, or other
   46  formal action taken, is not shall be considered binding except
   47  as taken or made at such meeting.
   48         (a) The board or commission must provide at least 3 days’
   49  advance reasonable notice of all such meetings, and such notice
   50  must include publication of all agenda items and any materials
   51  or attachments that will be distributed at the meeting. The
   52  board or commission may schedule an emergency meeting if 24
   53  hours’ advance notice is provided. If necessary, the board or
   54  commission may amend a meeting agenda after its initial
   55  publication. On the day of a meeting, the board or commission
   56  shall maintain at least two copies of the agenda, and any
   57  materials or attachments to be distributed at the meeting, at
   58  the meeting location.
   59         (b) A member of the public has the right to speak for at
   60  least 3 minutes at a meeting and may address:
   61         1. A pending agenda item that relates to the appointment of
   62  public officers; zoning or land use regulation; the imposition
   63  of taxes, fees, and fines; or other interests affecting the
   64  rights of residents and businesses within the jurisdiction of
   65  the board or commission; or
   66         2. Any matter that is not a specific agenda item but within
   67  the purview of the jurisdiction of the board or commission. The
   68  presiding officer or chair shall allot time for general public
   69  comment as either the first or last item listed on the agenda.
   70         (c) The board or commission is not required to allow public
   71  comment on items on a consent agenda; the approval of minutes;
   72  the presentation of awards, proclamations, and reports;
   73  announcements; solely administrative or ministerial matters; or
   74  an official act taken to deal with an emergency situation
   75  affecting the public health, welfare, and safety.
   76         (d) Notwithstanding paragraph (b), the presiding officer or
   77  chair may allow a representative of a group supporting or
   78  opposing an agenda item to speak in lieu of individuals speaking
   79  on the same item. If 20 or more members of the public request to
   80  speak on one item, the presiding officer or chair may further
   81  restrict the amount of time allotted for each speaker to address
   82  the board or commission but must allow each speaker to speak for
   83  at least 1 minute.
   84         (e) The board or commission shall respond, either publicly
   85  at the meeting or through written correspondence, to any
   86  question made by a member of the public. Any written response
   87  must be made within 10 days after the meeting and incorporated
   88  into the minutes of the meeting.
   89         (f) The board or commission shall prescribe a form upon
   90  which a member of the public requesting to speak at a meeting
   91  shall complete to provide his or her name and the agenda item or
   92  other matter that he or she wishes to comment on.
   93         (g) This subsection does not prohibit a board or commission
   94  from maintaining orderly conduct or proper decorum in a public
   95  meeting.
   96         (2) The minutes of a meeting of any such board or
   97  commission of any such state agency or authority shall be
   98  promptly recorded, and such records must shall be open to public
   99  inspection. A The circuit court has courts of this state shall
  100  have jurisdiction to issue injunctions to enforce the purposes
  101  of this section upon application by a resident any citizen of
  102  this state.
  103         (3)(a) Any public officer who violates any provision of
  104  this section commits is guilty of a noncriminal infraction,
  105  punishable by fine not exceeding $500.
  106         (b) Any person who is a member of a board or commission or
  107  of any state agency or authority; of any agency or authority of
  108  any county, municipal corporation, or political subdivision; or
  109  of any entity created by general or special law who knowingly
  110  violates the provisions of this section by attending a meeting
  111  not held in accordance with this section commits the provisions
  112  hereof is guilty of a misdemeanor of the second degree,
  113  punishable as provided in s. 775.082 or s. 775.083.
  114         (c) Conduct that which occurs outside the state and that
  115  which would constitute a knowing violation of this section is a
  116  misdemeanor of the second degree, punishable as provided in s.
  117  775.082 or s. 775.083.
  118         (4) Whenever an action has been filed against any board or
  119  commission of any state agency or authority; of or any agency or
  120  authority of any county, municipal corporation, or political
  121  subdivision; or of any entity created by general or special law
  122  to enforce the provisions of this section or to invalidate the
  123  actions of any such board or, commission, agency, or authority,
  124  which action was taken in violation of this section, if and the
  125  court determines that the defendant or defendants to such action
  126  acted in violation of this section, the court shall assess a
  127  reasonable attorney attorney’s fee against such agency,
  128  authority, or entity; however, the court and may assess a
  129  reasonable attorney attorney’s fee against the individual filing
  130  such an action if the court finds it was filed in bad faith or
  131  was frivolous. Any fees so assessed may be assessed against the
  132  individual member or members of such board or commission; except
  133  provided, that in any case where the board or commission seeks
  134  the advice of its attorney and such advice is followed, attorney
  135  no such fees may not shall be assessed against the individual
  136  member or members of the board or commission. However, This
  137  subsection does shall not apply to a state attorney or his or
  138  her duly authorized assistants or any officer charged with
  139  enforcing the provisions of this section.
  140         (5) Whenever any board or commission of any state agency or
  141  authority; of or any agency or authority of any county,
  142  municipal corporation, or political subdivision; or of any
  143  entity created by general or special law appeals any court order
  144  that which has found the said board or, commission, agency, or
  145  authority to have violated this section, and such order is
  146  affirmed, the court shall assess a reasonable attorney
  147  attorney’s fee for the appeal against the such board or,
  148  commission of such, agency, or authority, or entity. Any fees so
  149  assessed may be assessed against the individual member or
  150  members of such board or commission; except provided, that in
  151  any case where the board or commission seeks the advice of its
  152  attorney and such advice is followed, attorney no such fees may
  153  not shall be assessed against the individual member or members
  154  of the board or commission.
  155         (6) All persons subject to subsection (1) are prohibited
  156  from holding meetings at any facility or location that which
  157  discriminates on the basis of sex, age, race, creed, color,
  158  origin, or economic status or that which operates in such a
  159  manner as to unreasonably restrict public access to such a
  160  facility.
  161         (7) Whenever any member of any board or commission of any
  162  state agency or authority; of or any agency or authority of any
  163  county, municipal corporation, or political subdivision; or of
  164  any entity created by general or special law is charged with a
  165  violation of this section and is subsequently acquitted, the
  166  board or commission is authorized to reimburse the said member
  167  for any portion of his or her reasonable attorney attorney’s
  168  fees.
  169         (8) Notwithstanding the provisions of subsection (1), any
  170  board or commission of any state agency or authority; of or any
  171  agency or authority of any county, municipal corporation, or
  172  political subdivision; or of any entity created by general or
  173  special law, and the chief administrative or executive officer
  174  of such the governmental entity, may meet in private with the
  175  entity’s attorney to discuss pending litigation to which the
  176  entity is presently a party before a court or administrative
  177  agency, if provided that the following conditions are met:
  178         (a) The entity’s attorney shall advise the entity at a
  179  public meeting that he or she desires advice concerning the
  180  litigation.
  181         (b) The subject matter of the meeting is shall be confined
  182  to settlement negotiations or strategy sessions related to
  183  litigation expenditures.
  184         (c) The entire session is shall be recorded by a certified
  185  court reporter. The reporter shall record the times of
  186  commencement and termination of the session, all discussion and
  187  proceedings, the names of all persons present at any time, and
  188  the names of all persons speaking. No portion of the session may
  189  shall be held off the record. The court reporter’s notes must
  190  shall be fully transcribed and filed with the entity’s clerk
  191  within a reasonable time after the meeting.
  192         (d) The entity shall give reasonable public notice of the
  193  time and date of the attorney-client session and the names of
  194  persons who will be attending the session. The session shall
  195  commence at an open meeting at which the persons chairing the
  196  meeting shall announce the commencement and estimated length of
  197  the attorney-client session and the names of the persons
  198  attending. At the conclusion of the attorney-client session, the
  199  meeting must shall be reopened, and the person chairing the
  200  meeting shall announce the termination of the session.
  201         (e) The transcript shall be made part of the public record
  202  upon conclusion of the litigation.
  203         Section 2. Section 286.0114, Florida Statutes, is repealed.
  204         Section 3. The Legislature finds that a proper and
  205  legitimate state purpose is served when members of the public
  206  are afforded the right to speak at public meetings before a
  207  board or commission of a state agency or authority; of the
  208  agency or authority of a county, municipal corporation, or
  209  political subdivision; or of any entity created by general or
  210  special law. Therefore, the Legislature determines and declares
  211  that this act fulfills an important state interest.
  212         Section 4. This act shall take effect July 1, 2018.