HB 991

1
A bill to be entitled
2An act relating to public meeting requirements for
3governing boards of local government authorities; creating
4s. 286.0114, F.S.; creating the "Vox Populi - Voice of the
5People Act"; providing definitions; providing purpose;
6providing requirements with respect to decorum in meetings
7of the governing boards of local government authorities;
8requiring the governing body of a local government
9authority to provide specified opportunities for citizens
10to address issues at meetings of the governing body;
11prescribing allocations of time for citizen participation;
12providing restrictions with respect to the placement of
13non-agenda and citizen-participation orders of business
14within an order of consideration; providing procedures and
15requirements with respect to specified orders of business
16and agendas of meetings of governing boards of local
17government authorities; defining "public hearings";
18requiring local government authorities to adopt a written
19policy that implements the requirements of the act by a
20specified date; providing for public and electronic
21notification of policy; providing construction; providing
22an effective date.
23
24     WHEREAS, despite Florida's reputation for having far-
25reaching and effective open government laws, some local
26governments in the state do not allow, or severely restrict
27without proper guidelines, the ability of citizens to speak or
28comment on agenda items during their public meetings, and
29     WHEREAS, though some local governments have policies which
30provide for public participation, some have also developed a
31variety of methods for circumventing their own policies, such as
32characterizing agenda items as "workshops" or "discussions" or
33as items on which "no vote will be taken," and
34     WHEREAS, other methods of frustrating citizen participation
35include simple refusal by the chair of the local governing body
36to recognize a citizen who wishes to speak or the imposition of
37a precondition that a prospective speaker must contact the local
38government authority in advance of the meeting to advise them of
39his or her desire to address the body, and
40     WHEREAS, as a result, citizens are increasingly frustrated
41in their attempts to speak or comment at meetings of local
42government authorities, often traveling to such meetings
43multiple times, only to find that they are not given the
44opportunity to be heard, and
45     WHEREAS, the curtailment of citizen participation in local
46government is antithetical not only to the expressed intent of
47Florida's highly respected open government laws but to the
48principles on which this nation was founded, and
49     WHEREAS, it is the intent of the Legislature, through this
50act, to prevent local governments from thwarting their citizens'
51right to speak on issues of concern to them and to codify the
52entitlement to certain basic levels of citizen participation and
53input at meetings of local government authorities, NOW,
54THEREFORE,
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Section 286.0114, Florida Statutes, is created
59to read:
60     286.0114  Meetings of governing bodies of local government
61authorities; citizen participation entitlement.--
62     (1)  SHORT TITLE.--This act may be cited as the "Vox Populi
63- Voice of the People Act."
64     (2)  DEFINITIONS.--For purposes of this section, the term:
65     (a)  "Governing body" means the governing body or governing
66board of a local government authority as defined in paragraph
67(b), and includes both elected and appointed members thereof.
68     (b)  "Local government authority" means any regional,
69county, or municipal governmental entity, special district,
70community college district, or school district, or any elected
71or appointed political subdivision thereof.
72     (c)  "Public meeting" means any meeting of the governing
73body of a local government authority, whether designated as a
74regular meeting, special meeting, or emergency meeting, not
75otherwise exempt from public meeting requirements under state or
76federal law.
77     (3)  PURPOSE.--The State of Florida is committed to
78democratic, participatory government that seeks to involve
79citizens in all aspects of the decisionmaking process. The
80purpose of this act is to delineate and prescribe uniform
81requirements with respect to opportunities for citizen input and
82full citizen participation at official meetings of governing
83bodies of local government authorities.
84     (4)  MEETING DECORUM.--
85     (a)  Meetings of the governing body of a local government
86authority are formal governmental meetings that are conducted to
87transact public business. In conducting the public's business,
88the governing body shall maintain a commitment to the principles
89of civility, honor, and dignity. Individuals appearing before
90the governing body of a local government authority are required
91to observe these principles when making comments on items and
92issues before the governing body for consideration.
93     (b)  Individuals appearing before the governing body may,
94but shall not be required to, state their name and address for
95the public record. All comments must be made from an easily
96accessible central location or by other reasonable
97accommodations and shall address the subject of the agenda item.
98Members of the governing body, staff members, and citizens are
99required to use civil and appropriate language when addressing
100the governing body or the audience and must refrain from using
101profanity, cursing, or exhibiting aggressive or threatening
102behavior when addressing the governing body or other
103participants. All comments must be directed to the presiding
104officer and not to individual members of the governing body or
105to the audience. No personal verbal attacks toward any
106individual by either the governing body, staff, or citizens
107shall be allowed during a meeting of the governing body.
108     (c)  Participants shall adhere to their allotted time for
109addressing the governing body as provided in this section and
110may submit written documents in order to fully address their
111concerns with the governing body.
112     (5)  CITIZEN PARTICIPATION ENTITLEMENT; REQUIREMENTS.--The
113governing body of a local government authority must provide
114opportunities for citizens to address issues at official
115meetings of the governing body during each order of business as
116described in paragraphs (a)-(f):
117     (a)  Non-agenda or citizen-participation order of
118business.--
119     1.  The governing body of a local government authority must
120allocate, at a minimum, 15 minutes at the beginning of each
121meeting of the governing body for citizens who wish to appear
122before the governing body to make a request of the governing
123body, voice a complaint or concern, express an opinion, or
124express recognition. The presiding officer shall divide the
125allotted time equally among all who have registered to speak,
126but in no case may a citizen be allotted less than 3 minutes to
127speak. An extension of time may be granted by the presiding
128officer at the discretion of the presiding officer or upon a
129majority vote of the governing body. If an item presented under
130the citizen-participation portion of the non-agenda order of
131business requires a longer presentation by the citizen or
132requires staff research or materials, the item shall be
133rescheduled by the presiding officer for a future meeting of the
134governing body under the citizen-participation portion of the
135order of business dealing with agenda items.
136     2.  The non-agenda or citizen-participation order of
137business shall be scheduled near the beginning of the meeting
138and in no event shall the non-agenda or citizen-participation
139order of business be the final item on the order of business,
140unless provision is made for more than one non-agenda or
141citizen-participation order of business per meeting.
142     (b)  Agenda order of business.--
143     1.  An item brought before the governing body under the
144citizen-participation or non-agenda order of business which
145cannot be presented within the prescribed 3-minute timeframe or
146which requires additional research or materials in order for the
147governing body to properly respond may be placed on the
148governing body's agenda by either of the following means:
149     a.  The presiding officer shall schedule the item for a
150future meeting of the governing body under the citizen-
151participation portion of the agenda; or
152     b.  The citizen must submit a request in writing to appear
153on the governing body's agenda and file such request with the
154office of the appropriate official designated by the governing
155body for the filing of such request a minimum of 2 weeks in
156advance of the meeting of the governing body. The written
157request shall state the nature of the item and shall request
158that the item be placed on an upcoming agenda of the governing
159body. A copy of the letter must be provided to the governing
160body on the day that it is received by the designated official's
161office. The designated official shall ensure that a copy of the
162letter is provided to the proper governmental department so that
163research can be conducted and information provided to the
164governing body as part of the agenda and to allow staff an
165appropriate amount of time to prepare a staff report and provide
166additional data to the governing body that will assist in making
167a decision.
168     2.  The individual making the request and the staff of the
169governing body shall be granted all the time necessary to make
170the presentation. Any other individual who wishes to address the
171governing body in either support of or opposition to the agenda
172item shall be allotted no less than 3 minutes to make his or her
173presentation. An extension of time may be granted by the
174presiding officer at the discretion of the presiding officer or
175upon a majority vote of the governing body. The presiding
176officer may rule an individual out of order if he or she begins
177repeating information that has already been presented by either
178the individual who made the request or another individual who
179has already spoken either in favor of or in opposition to the
180agenda item.
181     (c)  Submission of petitions.--With respect to the order of
182business devoted to petitions to the governing body that are not
183part of another agenda item or that are part of the citizen-
184participation portion of the non-agenda order of business, the
185allotment of time for the presentation must be no less than 3
186minutes. An extension of time may be granted by the presiding
187officer at the discretion of the presiding officer or upon a
188majority vote of the governing body. If the extension is not
189granted, the citizen may request that the item be scheduled as
190an agenda item pursuant to subparagraph (a)1.
191     (d)  Public hearings.--
192     1.a.  For purposes of this section, "public hearings" are
193formal hearings conducted by the governing body of a local
194government authority pursuant to state or federal law which may:
195     (I)  Be legally noticed.
196     (II)  Be advertised hearings for specific items scheduled
197on the agenda of the governing body.
198     (III)  Be quasi-judicial or legislative in nature.
199     (IV)  Have specific formats that must be followed and that
200are established by law.
201     b.  All ordinance considerations are conducted as formal
202public hearings and are normally considered as a normal agenda
203item. In cases of ordinance consideration, the presiding officer
204shall announce that the hearing is a public hearing.
205     2.  During a public hearing, a citizen other than an
206applicant who wishes to address the governing body may do so by
207either completing a citizen-participation form prior to the
208commencement of the meeting or by raising his or her hand at the
209time the presiding officer inquires as to the presence of
210citizens wishing to address the issue and waiting to be
211recognized by the presiding officer. Persons who have completed
212a citizen-participation form prior to the beginning of the
213meeting shall be allowed to speak first. All individuals
214addressing the governing body must clearly state their name and
215address for the record. Citizens shall be allotted no less than
2163 minutes per person to address the governing body. An extension
217of time may be granted by the presiding officer at the
218discretion of the presiding officer or upon a majority vote of
219the governing body. The presiding officer may rule an individual
220out of order if he or she begins to repeat information or
221present material that has already been presented by the other
222speakers.
223     (e)  Regular agenda.--
224     1.  The governing body must provide an opportunity for
225citizens to address all other agenda items, allowing citizens to
226speak in favor of or in opposition to a normal agenda item or to
227ask questions about such item. If the item is on the governing
228body's consent agenda and a citizen expresses a desire to speak
229to or ask questions regarding the item, the governing body must
230withdraw the item from the consent agenda. Citizens must be
231allowed no less than 3 minutes to comment or ask questions
232regarding the item. An extension of time may be granted by the
233presiding officer at the discretion of the presiding officer or
234upon a majority vote of the governing body. If the citizen's
235questions cannot be answered in a reasonably brief amount of
236time, the governing body may table the item and schedule it at a
237regular meeting of the governing body or take final action on
238the item. The presiding officer must recognize all who wish to
239speak. The presiding officer may rule an individual out of order
240if he or she begins to repeat information or present materials
241presented by other speakers.
242     2.  If the item is on the non-consent agenda, citizens must
243be given no less than 3 minutes to comment or ask questions
244about the agenda item, with an extension of time to be granted
245by the presiding officer at the discretion of the presiding
246officer or upon a majority vote of the governing body. The
247presiding officer must recognize all who wish to speak. The
248presiding officer may rule an individual out of order if he or
249she begins to repeat information or present materials presented
250by other speakers.
251     (f)  Governing body reports and comments.--At the
252conclusion of each meeting of the governing body, the governing
253body must schedule an order of business during which the
254governing body reports with respect to various boards,
255committees, and groups on which the local government authority
256is represented. The governing body must allocate time to make
257general comments during which citizens who desire additional
258information concerning such boards, committees, and groups and
259the actions thereof may try to obtain information and during
260which citizens can address or seek clarification on general
261comments made by the governing body. The presiding officer must
262allow citizens to comment on or ask questions regarding reports
263or comments made by the governing body members. Citizens must be
264given no less than 3 minutes to comment or ask questions. An
265extension of time may be granted by the presiding officer at the
266discretion of the presiding officer or upon a majority vote of
267the governing body. The questions or comments must address the
268item that is being presented to the governing body by the other
269governing body members. The presiding officer must recognize an
270individual who indicates a desire to speak on the item. The
271presiding officer may rule an individual out of order if he or
272she is not addressing the issue that is being discussed or is
273repeating information or presenting materials that have been
274presented by others.
275     (6)  ADOPTION OF WRITTEN POLICY.--Each local government
276authority must adopt a written policy that implements the
277requirements of this section by October 1, 2008. The policy must
278be prominently displayed at the site of all meetings of the
279local government authority that are subject to the provisions of
280this act. If the local government authority maintains a website,
281the policy or a link thereto must be prominently displayed on
282the home page of the website within 30 days after the adoption
283of the policy.
284     (7)  CONSTRUCTION.-- Nothing in this act shall preclude a
285local government authority from adopting a policy that provides
286for greater rights or opportunities for citizens to comment on
287or participate in public meetings of the governing body of a
288local government authority.
289     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.