Florida Senate - 2019                                     SB 518
       
       
        
       By Senator Rader
       
       
       
       
       
       29-00188-19                                            2019518__
    1                        A bill to be entitled                      
    2         An act relating to public meetings; reenacting and
    3         amending s. 286.011, F.S., relating to public
    4         meetings; specifying that a board or commission of any
    5         entity created by general or special law is subject to
    6         public meetings requirements; specifying that such a
    7         board’s or commission’s adoption of an ordinance or a
    8         code is not binding unless public meetings
    9         requirements are met; revising notice requirements
   10         applicable to public meetings of such a board or
   11         commission; providing that a member of the public has
   12         the right to speak at a public meeting of such a board
   13         or commission; specifying circumstances under which
   14         such a board or commission is not required to allow
   15         public comment or may restrict the length of time that
   16         a member of the public may speak; requiring members of
   17         such a board or commission to respond to questions
   18         made at public meetings within a specified timeframe;
   19         requiring that such a board or commission prescribe a
   20         form on which members of the public wishing to
   21         exercise their right to speak must provide certain
   22         information; providing civil and criminal penalties
   23         for violations of the act; conforming provisions to
   24         changes made by the act; repealing s. 286.0114, F.S.,
   25         relating to the reasonable opportunity to be heard at
   26         public meetings; providing a declaration of important
   27         state interest; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 286.011, Florida Statutes, is reenacted
   32  and amended to read:
   33         286.011 Public meetings and records; public inspection;
   34  criminal and civil penalties.—
   35         (1) Except as otherwise provided in the State Constitution,
   36  all meetings of any board or commission of any state agency or
   37  authority; or of any agency or authority of any county,
   38  municipal corporation, or political subdivision; or of any
   39  entity created by general or special law, except as otherwise
   40  provided in the Constitution, including meetings with or
   41  attended by any person elected to such board or commission, but
   42  who has not yet taken office, at which official acts are to be
   43  taken are declared to be public meetings open to the public for
   44  public attendance and participation at all times. The adoption
   45  of a, and no resolution, a rule, an ordinance, or a code, or
   46  other formal action taken, is not shall be considered binding
   47  except as taken or made at such a meeting.
   48         (a) The board or commission must provide at least 3 days’
   49  advance reasonable notice of all such meetings, and such notice
   50  must include publication of all agenda items and any materials
   51  or attachments that will be distributed at the meeting. The
   52  board or commission may schedule an emergency meeting if 24
   53  hours’ advance notice is provided. If necessary, the board or
   54  commission may amend a meeting agenda after its initial
   55  publication. On the day of a meeting, the board or commission
   56  shall maintain at the meeting location at least two copies of
   57  the agenda and any materials or attachments to be distributed at
   58  the meeting.
   59         (b) A member of the public has the right to speak for at
   60  least 3 minutes at a meeting and may address:
   61         1. A pending agenda item that relates to the appointment of
   62  public officers; zoning or land use regulation; the imposition
   63  of taxes, fees, and fines; or other interests affecting the
   64  rights of residents and businesses within the jurisdiction of
   65  the board or commission; or
   66         2. Any matter that is not a specific agenda item but within
   67  the purview of the jurisdiction of the board or commission. The
   68  presiding officer or chair shall allot time for general public
   69  comment on such matters as either the first or last item listed
   70  on the agenda.
   71         (c) The board or commission is not required to allow public
   72  comment on items on a consent agenda; the approval of minutes;
   73  the presentation of awards, proclamations, and reports;
   74  announcements; matters that are solely administrative or
   75  ministerial; or an official act taken to deal with an emergency
   76  situation affecting the public health, welfare, and safety.
   77         (d) Notwithstanding paragraph (b), the presiding officer or
   78  chair may allow a representative of a group that supports or
   79  opposes an agenda item to speak in lieu of multiple individuals
   80  speaking on the same item. If 20 or more members of the public
   81  request to speak on one item, the presiding officer or chair may
   82  further restrict the amount of time allotted for each speaker to
   83  address the board or commission, but must allow each speaker to
   84  speak for at least 1 minute.
   85         (e) The board or commission shall respond, either publicly
   86  at the meeting or through written correspondence, to any
   87  question made by a member of the public. Any written response
   88  must be made within 10 days after the meeting and incorporated
   89  into the minutes of the meeting.
   90         (f) The board or commission shall prescribe a form upon
   91  which a member of the public who requests to speak at a meeting
   92  must complete to provide his or her name and the agenda item or
   93  other matter upon which he or she wishes to comment.
   94         (g) This subsection does not prohibit a board or commission
   95  from maintaining orderly conduct or proper decorum in a public
   96  meeting.
   97         (2) The minutes of a meeting of any such board or
   98  commission must of any such state agency or authority shall be
   99  promptly recorded, and such records must shall be open to public
  100  inspection. A The circuit court has courts of this state shall
  101  have jurisdiction to issue injunctions to enforce the purposes
  102  of this section upon application by a resident any citizen of
  103  this state.
  104         (3)(a) Any public officer who violates any provision of
  105  this section commits is guilty of a noncriminal infraction,
  106  punishable by fine not exceeding $500.
  107         (b) Any person who is a member of a board or commission or
  108  of any state agency or authority; of any agency or authority of
  109  any county, municipal corporation, or political subdivision; or
  110  of any entity created by general or special law who knowingly
  111  violates the provisions of this section by attending a meeting
  112  not held in accordance with this section commits the provisions
  113  hereof is guilty of a misdemeanor of the second degree,
  114  punishable as provided in s. 775.082 or s. 775.083.
  115         (c) Conduct that which occurs outside the state and that
  116  which would constitute a knowing violation of this section is a
  117  misdemeanor of the second degree, punishable as provided in s.
  118  775.082 or s. 775.083.
  119         (4) Whenever an action has been filed against any board or
  120  commission of any state agency or authority; of or any agency or
  121  authority of any county, municipal corporation, or political
  122  subdivision; or of any entity created by general or special law
  123  to enforce the provisions of this section or to invalidate the
  124  actions of any such board or, commission, agency, or authority,
  125  which action was taken in violation of this section, if and the
  126  court determines that the defendant or defendants to such action
  127  acted in violation of this section, the court shall assess a
  128  reasonable attorney attorney’s fee against such agency,
  129  authority, or entity; however, the court and may assess a
  130  reasonable attorney attorney’s fee against the individual filing
  131  such an action if the court finds it was filed in bad faith or
  132  was frivolous. Any fees so assessed may be assessed against the
  133  individual member or members of such board or commission; except
  134  provided, that in any case where the board or commission seeks
  135  the advice of its attorney and such advice is followed, attorney
  136  no such fees may not shall be assessed against the individual
  137  member or members of the board or commission. However, This
  138  subsection does shall not apply to a state attorney or his or
  139  her duly authorized assistants or any officer charged with
  140  enforcing the provisions of this section.
  141         (5) Whenever any board or commission of any state agency or
  142  authority; of or any agency or authority of any county,
  143  municipal corporation, or political subdivision; or of any
  144  entity created by general or special law appeals any court order
  145  that which has found that the said board or, commission has,
  146  agency, or authority to have violated this section, and such
  147  order is affirmed, the court shall assess a reasonable attorney
  148  attorney’s fee for the appeal against the such board or,
  149  commission of such, agency, or authority, or entity. Any fees so
  150  assessed may be assessed against the individual member or
  151  members of such board or commission; except provided, that in
  152  any case where the board or commission seeks the advice of its
  153  attorney and such advice is followed, attorney no such fees may
  154  not shall be assessed against the individual member or members
  155  of the board or commission.
  156         (6) All persons subject to subsection (1) are prohibited
  157  from holding meetings at any facility or location that which
  158  discriminates on the basis of sex, age, race, creed, color,
  159  origin, or economic status or that which operates in such a
  160  manner as to unreasonably restrict public access to such a
  161  facility.
  162         (7) Whenever any member of any board or commission of any
  163  state agency or authority; of or any agency or authority of any
  164  county, municipal corporation, or political subdivision; or of
  165  any entity created by general or special law is charged with a
  166  violation of this section and is subsequently acquitted, the
  167  board or commission may is authorized to reimburse the said
  168  member for any portion of his or her reasonable attorney
  169  attorney’s fees.
  170         (8) Notwithstanding the provisions of subsection (1), any
  171  board or commission of any state agency or authority; of or any
  172  agency or authority of any county, municipal corporation, or
  173  political subdivision; or of any entity created by general or
  174  special law, and the chief administrative or executive officer
  175  of such the governmental entity, may meet in private with the
  176  entity’s attorney to discuss pending litigation to which the
  177  entity is presently a party before a court or administrative
  178  agency, if provided that the following conditions are met:
  179         (a) The entity’s attorney shall advise the entity at a
  180  public meeting that he or she desires advice concerning the
  181  litigation.
  182         (b) The subject matter of the meeting is shall be confined
  183  to settlement negotiations or strategy sessions related to
  184  litigation expenditures.
  185         (c) The entire session is shall be recorded by a certified
  186  court reporter. The reporter shall record the times of
  187  commencement and termination of the session, all discussion and
  188  proceedings, the names of all persons present at any time, and
  189  the names of all persons speaking. No portion of the session may
  190  shall be held off the record. The court reporter’s notes must
  191  shall be fully transcribed and filed with the entity’s clerk
  192  within a reasonable time after the meeting.
  193         (d) The entity shall give reasonable public notice of the
  194  time and date of the attorney-client session and the names of
  195  persons who will be attending the session. The session must
  196  shall commence at an open meeting at which the persons chairing
  197  the meeting shall announce the commencement and estimated length
  198  of the attorney-client session and the names of the persons
  199  attending. At the conclusion of the attorney-client session, the
  200  meeting must shall be reopened, and the person chairing the
  201  meeting shall announce the termination of the session.
  202         (e) The transcript shall be made part of the public record
  203  upon conclusion of the litigation.
  204         Section 2. Section 286.0114, Florida Statutes, is repealed.
  205         Section 3. The Legislature finds that a proper and
  206  legitimate state purpose is served when members of the public
  207  are afforded the right to speak at public meetings before a
  208  board or commission of a state agency or authority; of the
  209  agency or authority of a county, municipal corporation, or
  210  political subdivision; or of any entity created by general or
  211  special law. Therefore, the Legislature determines and declares
  212  that this act fulfills an important state interest.
  213         Section 4. This act shall take effect July 1, 2019.