Florida Senate - 2012                                     SB 206
       
       
       
       By Senator Negron
       
       
       
       
       28-00223-12                                            2012206__
    1                        A bill to be entitled                      
    2         An act relating to public meetings; amending s.
    3         112.3215, F.S.; conforming a cross-reference; amending
    4         s. 286.011, F.S.; requiring that members of the public
    5         be given a reasonable opportunity to be heard before a
    6         board or commission takes official action on an item
    7         of significant interest to the public under certain
    8         circumstances; providing exceptions; requiring that a
    9         board or commission adopt rules; providing an
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (b) of subsection (8) of section
   15  112.3215, Florida Statutes, is amended to read:
   16         112.3215 Lobbying before the executive branch or the
   17  Constitution Revision Commission; registration and reporting;
   18  investigation by commission.—
   19         (8)
   20         (b) All proceedings, the complaint, and other records
   21  relating to the investigation are confidential and exempt from
   22  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   23  Constitution, and any meetings held pursuant to an investigation
   24  are exempt from the provisions of s. 286.011(1) and s. 24(b),
   25  Art. I of the State Constitution either until the alleged
   26  violator requests in writing that such investigation and
   27  associated records and meetings be made public or until the
   28  commission determines, based on the investigation, whether
   29  probable cause exists to believe that a violation has occurred.
   30         Section 2. Section 286.011, Florida Statutes, is amended to
   31  read:
   32         286.011 Public meetings and records; opportunity to be
   33  heard; public inspection; criminal and civil penalties.—
   34         (1)(a) All meetings of any board or commission of any state
   35  agency or authority or of any agency or authority of any county,
   36  municipal corporation, or political subdivision, except as
   37  otherwise provided in the Constitution, at which official acts
   38  are to be taken are declared to be public meetings open to the
   39  public at all times, and no resolution, rule, or formal action
   40  shall be considered binding except as taken or made at such
   41  meeting. The board or commission must provide reasonable notice
   42  of all such meetings.
   43         (b)1. Members of the public shall be given a reasonable
   44  opportunity to be heard on an item that is of significant
   45  interest to the public and that is within the subject matter
   46  jurisdiction of the board or commission. The opportunity to be
   47  heard need not occur at the same meeting at which the board or
   48  commission takes official action on the item, if the opportunity
   49  occurs at a meeting that is during the decisionmaking process
   50  and within reasonable proximity before the board or commission
   51  takes the official action. The opportunity to be heard is
   52  subject to reasonable rules or policies adopted by the board or
   53  commission to ensure the orderly conduct of a public meeting, as
   54  provided in subparagraph 3. A resolution, rule, or formal action
   55  is not binding unless taken or made in compliance with this
   56  paragraph.
   57         2. The requirements in subparagraph 1. do not apply to:
   58         a. An official act that must be taken to deal with an
   59  emergency situation affecting the public health, welfare, or
   60  safety, when compliance with the requirements would cause an
   61  unreasonable delay in the ability of the board or commission to
   62  act;
   63         b. An official act involving no more than a ministerial
   64  act; or
   65         c. A meeting in which the board or commission is acting in
   66  a quasi-judicial capacity with respect to the rights or
   67  interests of a person. This sub-subparagraph does not affect the
   68  right of a person to be heard as otherwise provided by law.
   69         3. Rules or policies of a board or commission adopted under
   70  subparagraph 5. may:
   71         a. Limit the time an individual has to address the board or
   72  commission;
   73         b. Require, at meetings in which a large number of
   74  individuals wish to be heard, that a representative of a group
   75  or faction on an item, rather than all of the members of the
   76  group or faction, address the board or commission; or
   77         c. Prescribe procedures or forms for an individual to use
   78  in order to inform the board or commission of a desire to be
   79  heard.
   80         4. If a board or commission adopts rules or policies in
   81  compliance with this paragraph and follows such rules or
   82  policies when providing an opportunity for members of the public
   83  to be heard, it is presumed that the board or commission is
   84  acting in compliance with this paragraph.
   85         5. Each board or commission that is subject to chapter 120
   86  shall adopt rules under ss. 120.536(1) and 120.54 to administer
   87  this paragraph.
   88         (2) The minutes of a meeting of any such board or
   89  commission of any such state agency or authority shall be
   90  promptly recorded, and such records shall be open to public
   91  inspection. The circuit courts of this state shall have
   92  jurisdiction to issue injunctions to enforce the purposes of
   93  this section upon application by any citizen of this state.
   94         (3)(a) Any public officer who violates any provision of
   95  this section commits is guilty of a noncriminal infraction,
   96  punishable by fine not exceeding $500.
   97         (b) Any person who is a member of a board or commission or
   98  of any state agency or authority of any county, municipal
   99  corporation, or political subdivision who knowingly violates the
  100  provisions of this section by attending a meeting not held in
  101  accordance with the provisions of this section commits hereof is
  102  guilty of a misdemeanor of the second degree, punishable as
  103  provided in s. 775.082 or s. 775.083.
  104         (c) Conduct occurring which occurs outside the state which
  105  would constitute a knowing violation of this section is a
  106  misdemeanor of the second degree, punishable as provided in s.
  107  775.082 or s. 775.083.
  108         (4) Whenever an action has been filed against any board or
  109  commission of any state agency or authority or any agency or
  110  authority of any county, municipal corporation, or political
  111  subdivision to enforce the provisions of this section or to
  112  invalidate the actions of any such board, commission, agency, or
  113  authority, which action was taken in violation of this section,
  114  and the court determines that the defendant or defendants to
  115  such action acted in violation of this section, the court shall
  116  assess a reasonable attorney’s fee against such agency, and may
  117  assess a reasonable attorney’s fee against the individual filing
  118  such an action if the court finds it was filed in bad faith or
  119  was frivolous. Any fees so assessed may be assessed against the
  120  individual member or members of such board or commission;
  121  provided, that in any case where the board or commission seeks
  122  the advice of its attorney and such advice is followed, no such
  123  fees shall be assessed against the individual member or members
  124  of the board or commission. However, this subsection does shall
  125  not apply to a state attorney or his or her duly authorized
  126  assistants or any officer charged with enforcing the provisions
  127  of this section.
  128         (5) Whenever any board or commission of any state agency or
  129  authority or any agency or authority of any county, municipal
  130  corporation, or political subdivision appeals any court order
  131  that which has found the said board, commission, agency, or
  132  authority to have violated this section, and such order is
  133  affirmed, the court shall assess a reasonable attorney’s fee for
  134  the appeal against such board, commission, agency, or authority.
  135  Any fees so assessed may be assessed against the individual
  136  member or members of such board or commission; provided, that in
  137  any case where the board or commission seeks the advice of its
  138  attorney and such advice is followed, no such fees shall be
  139  assessed against the individual member or members of the board
  140  or commission.
  141         (6) All persons subject to paragraph (1)(a) subsection (1)
  142  are prohibited from holding meetings at any facility or location
  143  that which discriminates on the basis of sex, age, race, creed,
  144  color, origin, or economic status or that which operates in such
  145  a manner as to unreasonably restrict public access to such a
  146  facility.
  147         (7) Whenever any member of any board or commission of any
  148  state agency or authority or any agency or authority of any
  149  county, municipal corporation, or political subdivision is
  150  charged with a violation of this section and is subsequently
  151  acquitted, the board or commission is authorized to reimburse
  152  the said member for any portion of his or her reasonable
  153  attorney’s fees.
  154         (8) Notwithstanding the provisions of paragraph (1)(a)
  155  subsection (1), any board or commission of any state agency or
  156  authority or any agency or authority of any county, municipal
  157  corporation, or political subdivision, and the chief
  158  administrative or executive officer of the governmental entity,
  159  may meet in private with the entity’s attorney to discuss
  160  pending litigation to which the entity is presently a party
  161  before a court or administrative agency, provided that the
  162  following conditions are met:
  163         (a) The entity’s attorney shall advise the entity at a
  164  public meeting that he or she desires advice concerning the
  165  litigation.
  166         (b) The subject matter of the meeting shall be confined to
  167  settlement negotiations or strategy sessions related to
  168  litigation expenditures.
  169         (c) The entire session shall be recorded by a certified
  170  court reporter. The reporter shall record the times of
  171  commencement and termination of the session, all discussion and
  172  proceedings, the names of all persons present at any time, and
  173  the names of all persons speaking. No portion of the session
  174  shall be off the record. The court reporter’s notes shall be
  175  fully transcribed and filed with the entity’s clerk within a
  176  reasonable time after the meeting.
  177         (d) The entity shall give reasonable public notice of the
  178  time and date of the attorney-client session and the names of
  179  persons who will be attending the session. The session shall
  180  commence at an open meeting at which the persons chairing the
  181  meeting shall announce the commencement and estimated length of
  182  the attorney-client session and the names of the persons
  183  attending. At the conclusion of the attorney-client session, the
  184  meeting shall be reopened, and the person chairing the meeting
  185  shall announce the termination of the session.
  186         (e) The transcript shall be made part of the public record
  187  upon conclusion of the litigation.
  188         Section 3. This act shall take effect July 1, 2012.