Florida Senate - 2011                                    SB 1408
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-00917-11                                           20111408__
    1                        A bill to be entitled                      
    2         An act relating to public meetings; amending s.
    3         286.011, F.S.; revising an exemption from public
    4         meetings requirements which authorizes a board or
    5         commission of a state agency, authority, county,
    6         municipal corporation, or political subdivision and
    7         the chief administrative or executive officer of such
    8         governmental entity to meet in private with the
    9         entity’s attorney to discuss pending litigation;
   10         including within the exemption a public employee or
   11         agent having relevant information needed by the
   12         entity’s attorney; revising a provision limiting what
   13         may be discussed at such a meeting; providing for
   14         future legislative review and repeal of the exemption
   15         under the Open Government Sunset Review Act; providing
   16         a statement of public necessity; providing an
   17         effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (8) of section 286.011, Florida
   22  Statutes, is amended to read:
   23         286.011 Public meetings and records; public inspection;
   24  criminal and civil penalties.—
   25         (8) Notwithstanding the provisions of subsection (1), a any
   26  board or commission of any state agency or authority or of any
   27  agency or authority of any county, municipal corporation, or
   28  political subdivision, and the chief administrative or executive
   29  officer of the governmental entity, and a public employee or
   30  agent who possesses relevant information needed by the entity’s
   31  attorney may meet in private with the entity’s attorney to
   32  discuss pending litigation to which the entity is presently a
   33  party before a court or administrative agency, provided that the
   34  following conditions are met:
   35         (a) The entity’s attorney shall advise the entity at a
   36  public meeting that he or she desires advice concerning the
   37  litigation.
   38         (b) The subject matter of the meeting shall be confined to
   39  advice settlement negotiations or strategy sessions related to
   40  matters regarding the litigation expenditures.
   41         (c) The entire session shall be recorded by a certified
   42  court reporter. The reporter shall record the times of
   43  commencement and termination of the session, all discussion and
   44  proceedings, the names of all persons present at any time, and
   45  the names of all persons speaking. No portion of the session
   46  shall be off the record. The court reporter’s notes shall be
   47  fully transcribed and filed with the entity’s clerk within a
   48  reasonable time after the meeting.
   49         (d) The entity shall give reasonable public notice of the
   50  time and date of the attorney-client session and the names of
   51  persons who will be attending the session. The session shall
   52  commence at an open meeting at which the persons chairing the
   53  meeting shall announce the commencement and estimated length of
   54  the attorney-client session and the names of the persons
   55  attending. At the conclusion of the attorney-client session, the
   56  meeting shall be reopened, and the person chairing the meeting
   57  shall announce the termination of the session.
   58         (e) The transcript shall be made part of the public record
   59  upon conclusion of the litigation.
   60  
   61  This subsection is subject to the Open Government Sunset Review
   62  Act in accordance with s. 119.15 and shall stand repealed on
   63  October 2, 2016, unless reviewed and saved from repeal through
   64  reenactment by the Legislature.
   65         Section 2. The Legislature finds that it is a public
   66  necessity to expand the current exemption from public-meeting
   67  requirements for those meetings in which a board or commission
   68  of any state agency or authority or an agency or authority of
   69  any county, municipal corporation, or political subdivision, and
   70  the chief administrative or executive officer of the
   71  governmental entity, may meet in private with the entity’s
   72  attorneys to discuss pending litigation to which the entity is
   73  presently a party before a court or administrative agency. The
   74  Legislature finds that it is a public necessity to allow public
   75  employees or agents identified by the officer, the entity, or
   76  its attorney as possessing relevant information to attend such
   77  meetings. The Legislature finds that allowing those employees or
   78  agents to attend such meetings will allow the entity to fully
   79  explore the facts of the case, obtain the best possible legal
   80  advice, and make better-informed decisions with respect to
   81  pending litigation. The Legislature also finds that this measure
   82  will ensure fair treatment of a public body as part of the
   83  judicial and administrative process.
   84         Section 3. This act shall take effect July 1, 2011.