Florida Senate - 2011                                     SB 310
       
       
       
       By Senator Negron
       
       
       
       
       28-00397A-11                                           2011310__
    1                        A bill to be entitled                      
    2         An act relating to public meetings; amending s.
    3         286.011, F.S.; providing a right for members of the
    4         public to be heard at meetings of certain governmental
    5         boards and commissions; prescribing conditions
    6         qualifying, and exceptions to, the right; providing
    7         for the adoption of rules governing the conduct of,
    8         and behavior at, the meetings; providing an effective
    9         date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 286.011, Florida Statutes, is amended to
   14  read:
   15         286.011 Public meetings and records; public inspection;
   16  criminal and civil penalties.—
   17         (1)(a) All meetings of any board or commission of any state
   18  agency or authority or of any agency or authority of any county,
   19  municipal corporation, or political subdivision, except as
   20  otherwise provided in the Constitution, at which official acts
   21  are to be taken:
   22         1. Are declared to be public meetings open to the public at
   23  all times;, and
   24         2. Shall include an opportunity for members of the public
   25  to be heard before or during consideration of any agenda item on
   26  which an official act will be taken, subject to reasonable rules
   27  or policies adopted by the board or commission to ensure the
   28  orderly conduct of a public meeting.
   29  
   30  No resolution, rule, or formal action shall be considered
   31  binding except as taken or made at such meeting. The board or
   32  commission must provide reasonable notice of all such meetings.
   33         (b) The requirements of subparagraph (a)2. do not apply to:
   34         1. An official act that must be taken to deal with an
   35  emergency situation affecting the public health, welfare, or
   36  safety, when compliance with the requirements would cause an
   37  unreasonable delay in the ability of the board or commission to
   38  act; or
   39         2. An official act involving no more than a ministerial
   40  act.
   41         (c) A board or commission subject to chapter 120 shall
   42  adopt rules under ss. 120.536(1) and 120.54 as provided in
   43  subparagraph (a)2. which may:
   44         1. Limit the time an individual has to address the board or
   45  commission;
   46         2. Require, at meetings in which a large number of
   47  individuals may wish to be heard, that a representative of a
   48  group or faction on an issue, rather than all of the members of
   49  the group or faction, address the board or commission; or
   50         3. Prescribe procedures or forms for an individual to use
   51  in order to inform the board or commission of a desire to be
   52  heard.
   53         (2) The minutes of a meeting of any such board or
   54  commission of any such state agency or authority shall be
   55  promptly recorded, and such records shall be open to public
   56  inspection. The circuit courts of this state shall have
   57  jurisdiction to issue injunctions to enforce the purposes of
   58  this section upon application by any citizen of this state.
   59         (3)(a) Any public officer who violates any provision of
   60  this section is guilty of a noncriminal infraction, punishable
   61  by fine not exceeding $500.
   62         (b) Any person who is a member of a board or commission or
   63  of any state agency or authority of any county, municipal
   64  corporation, or political subdivision who knowingly violates the
   65  provisions of this section by attending a meeting not held in
   66  accordance with the provisions hereof is guilty of a misdemeanor
   67  of the second degree, punishable as provided in s. 775.082 or s.
   68  775.083.
   69         (c) Conduct which occurs outside the state which would
   70  constitute a knowing violation of this section is a misdemeanor
   71  of the second degree, punishable as provided in s. 775.082 or s.
   72  775.083.
   73         (4) Whenever an action has been filed against any board or
   74  commission of any state agency or authority or any agency or
   75  authority of any county, municipal corporation, or political
   76  subdivision to enforce the provisions of this section or to
   77  invalidate the actions of any such board, commission, agency, or
   78  authority, which action was taken in violation of this section,
   79  and the court determines that the defendant or defendants to
   80  such action acted in violation of this section, the court shall
   81  assess a reasonable attorney’s fee against such agency, and may
   82  assess a reasonable attorney’s fee against the individual filing
   83  such an action if the court finds it was filed in bad faith or
   84  was frivolous. Any fees so assessed may be assessed against the
   85  individual member or members of such board or commission;
   86  provided, that in any case where the board or commission seeks
   87  the advice of its attorney and such advice is followed, no such
   88  fees shall be assessed against the individual member or members
   89  of the board or commission. However, this subsection shall not
   90  apply to a state attorney or his or her duly authorized
   91  assistants or any officer charged with enforcing the provisions
   92  of this section.
   93         (5) Whenever any board or commission of any state agency or
   94  authority or any agency or authority of any county, municipal
   95  corporation, or political subdivision appeals any court order
   96  which has found said board, commission, agency, or authority to
   97  have violated this section, and such order is affirmed, the
   98  court shall assess a reasonable attorney’s fee for the appeal
   99  against such board, commission, agency, or authority. Any fees
  100  so assessed may be assessed against the individual member or
  101  members of such board or commission; provided, that in any case
  102  where the board or commission seeks the advice of its attorney
  103  and such advice is followed, no such fees shall be assessed
  104  against the individual member or members of the board or
  105  commission.
  106         (6) All persons subject to subsection (1) are prohibited
  107  from holding meetings at any facility or location which
  108  discriminates on the basis of sex, age, race, creed, color,
  109  origin, or economic status or which operates in such a manner as
  110  to unreasonably restrict public access to such a facility.
  111         (7) Whenever any member of any board or commission of any
  112  state agency or authority or any agency or authority of any
  113  county, municipal corporation, or political subdivision is
  114  charged with a violation of this section and is subsequently
  115  acquitted, the board or commission is authorized to reimburse
  116  said member for any portion of his or her reasonable attorney’s
  117  fees.
  118         (8) Notwithstanding the provisions of subsection (1), any
  119  board or commission of any state agency or authority or any
  120  agency or authority of any county, municipal corporation, or
  121  political subdivision, and the chief administrative or executive
  122  officer of the governmental entity, may meet in private with the
  123  entity’s attorney to discuss pending litigation to which the
  124  entity is presently a party before a court or administrative
  125  agency, provided that the following conditions are met:
  126         (a) The entity’s attorney shall advise the entity at a
  127  public meeting that he or she desires advice concerning the
  128  litigation.
  129         (b) The subject matter of the meeting shall be confined to
  130  settlement negotiations or strategy sessions related to
  131  litigation expenditures.
  132         (c) The entire session shall be recorded by a certified
  133  court reporter. The reporter shall record the times of
  134  commencement and termination of the session, all discussion and
  135  proceedings, the names of all persons present at any time, and
  136  the names of all persons speaking. No portion of the session
  137  shall be off the record. The court reporter’s notes shall be
  138  fully transcribed and filed with the entity’s clerk within a
  139  reasonable time after the meeting.
  140         (d) The entity shall give reasonable public notice of the
  141  time and date of the attorney-client session and the names of
  142  persons who will be attending the session. The session shall
  143  commence at an open meeting at which the persons chairing the
  144  meeting shall announce the commencement and estimated length of
  145  the attorney-client session and the names of the persons
  146  attending. At the conclusion of the attorney-client session, the
  147  meeting shall be reopened, and the person chairing the meeting
  148  shall announce the termination of the session.
  149         (e) The transcript shall be made part of the public record
  150  upon conclusion of the litigation.
  151         Section 2. This act shall take effect July 1, 2011.