Florida Senate - 2018                              CS for SB 560
       
       
        
       By the Committee on Rules; and Senator Steube
       
       
       
       
       
       595-02462-18                                           2018560c1
    1                        A bill to be entitled                      
    2         An act relating to public meetings and records;
    3         amending s. 286.011, F.S.; expanding an exemption from
    4         public meetings requirements to allow specified
    5         entities to meet in private with attorneys and
    6         technical experts to discuss imminent litigation if
    7         certain conditions are met; requiring the entity’s
    8         attorney to identify the name of the potential
    9         claimant or litigant at a public meeting; providing an
   10         exception; requiring the transcript of a private
   11         meeting concerning imminent litigation to be made
   12         public upon the occurrence of a certain circumstance;
   13         specifying when litigation is considered imminent;
   14         providing for future legislative review and repeal of
   15         the exemption; providing a statement of public
   16         necessity; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (8) of section 286.011, Florida
   21  Statutes, is amended to read:
   22         286.011 Public meetings and records; public inspection;
   23  criminal and civil penalties.—
   24         (8)(a) Notwithstanding the provisions of subsection (1),
   25  any board or commission of any state agency or authority or any
   26  agency or authority of any county, municipal corporation, or
   27  political subdivision, and the chief administrative or executive
   28  officer of the governmental entity or his or her designee, is
   29  exempt from this section and s. 24(b), Art. I of the State
   30  Constitution for the limited purpose of meeting may meet in
   31  private with the entity’s attorneys and technical experts
   32  attorney to discuss imminent or pending litigation to which the
   33  entity is or may in the foreseeable future be presently a party
   34  before a court or administrative agency, provided that the
   35  following conditions are met:
   36         1.(a) The entity’s attorney shall advise the entity at a
   37  public meeting that he or she desires advice concerning the
   38  imminent or pending litigation. For imminent litigation, the
   39  entity’s attorney shall identify the name of the potential
   40  claimant or litigant unless the identity of the potential
   41  claimant or litigant is confidential or exempt from s. 119.07(1)
   42  or s. 24(a), Art. I of the State Constitution.
   43         2.(b) The subject matter of the meeting must shall be
   44  confined to settlement negotiations or strategy sessions related
   45  to litigation expenditures.
   46         3.(c) The entire session shall be recorded by a certified
   47  court reporter. The reporter shall record the times of
   48  commencement and termination of the session, all discussion and
   49  proceedings, the names of all persons present at any time, and
   50  the names of all persons speaking. No portion of the session may
   51  shall be off the record. The court reporter’s notes must shall
   52  be fully transcribed and filed with the entity’s clerk within a
   53  reasonable time after the meeting.
   54         4.(d) The entity shall give reasonable public notice of the
   55  time and date of the attorney-client session and the names of
   56  persons who will be attending the session. The session must
   57  shall commence at an open meeting at which the persons chairing
   58  the meeting shall announce the commencement and estimated length
   59  of the attorney-client session and the names of the persons
   60  attending. At the conclusion of the attorney-client session, the
   61  meeting must shall be reopened, and the person chairing the
   62  meeting shall announce the termination of the session.
   63         5.(e) The transcript must shall be made part of the public
   64  record upon conclusion of the litigation. If imminent litigation
   65  does not commence, the transcript must be made part of the
   66  public record within a reasonable time after the matter
   67  underlying the imminent litigation is resolved or upon the
   68  expiration of the statute of limitations applicable to the
   69  matter underlying the imminent litigation, whichever occurs
   70  first.
   71         (b)Litigation is considered imminent when the entity has
   72  received notice of a claim or demand by a party threatening
   73  litigation before a court or administrative agency.
   74         (c)This subsection is subject to the Open Government
   75  Sunset Review Act in accordance with s. 119.15 and shall stand
   76  repealed on October 2, 2023, unless reviewed and saved from
   77  repeal through reenactment by the Legislature.
   78         Section 2. The Legislature finds that it is a public
   79  necessity to expand the exemption from public meetings
   80  requirements currently applicable to meetings at which any board
   81  or commission of any state agency or authority, or any agency or
   82  authority of any county, municipal corporation, or political
   83  subdivision, and the chief administrative or executive officer
   84  of the governmental entity meet in private with the entity’s
   85  attorneys to discuss pending litigation to which the entity is
   86  presently a party before a court or administrative agency. The
   87  exemption is expanded to include such meetings when the designee
   88  of the chief administrative or executive officer of the
   89  governmental entity is present, when technical experts of the
   90  entity are present, and when such meetings are related to
   91  certain imminent litigation. In addition, the Legislature finds
   92  that it is a public necessity to exempt the transcript of such
   93  exempt meetings from public records requirements. These public
   94  meetings and public records exemptions are necessary to allow a
   95  governmental entity to privately prepare for threatened
   96  litigation by obtaining legal advice, exploring and developing
   97  relevant facts, and considering an early settlement or
   98  discussing other possible resolutions in order to make better
   99  informed decisions. The Legislature also finds that these public
  100  meetings and public records exemptions will help ensure that
  101  governmental entities receive fair treatment during the judicial
  102  and administrative processes.
  103         Section 3. This act shall take effect July 1, 2018.