| 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 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 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 |
| 31 | to 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 |
| 35 | state agency or authority or of any agency or authority of any |
| 36 | county, municipal corporation, or political subdivision, except |
| 37 | as otherwise provided in the Constitution, at which official |
| 38 | acts are to be taken are declared to be public meetings open to |
| 39 | the public at all times, and no resolution, rule, or formal |
| 40 | action shall be considered binding except as taken or made at |
| 41 | such meeting. The board or commission must provide reasonable |
| 42 | notice 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 |
| 70 | under subparagraph 5. may: |
| 71 | a. Limit the time an individual has to address the board |
| 72 | or 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 |
| 129 | or 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. |