Florida Senate - 2022                                     SB 674
       
       
        
       By Senator Cruz
       
       
       
       
       
       18-00109-22                                            2022674__
    1                        A bill to be entitled                      
    2         An act relating to public meetings during declared
    3         states of emergency; creating s. 252.386, F.S.;
    4         defining terms; providing for the suspension of
    5         certain statutory provisions during declared states of
    6         emergency for a specified timeframe; providing an
    7         exception; authorizing governing bodies to use
    8         communications media technology to conduct meetings
    9         during declared states of emergency; providing that
   10         certain remote participation by a governing body
   11         member in a meeting constitutes that individual’s
   12         presence at such meeting and counts toward a quorum
   13         during a declared state of emergency; requiring
   14         meetings conducted through communications media
   15         technology during a declared state of emergency to
   16         function as if they are being conducted in person;
   17         authorizing members of a governing body to attend
   18         certain meetings in person or through communications
   19         media technology; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 252.386, Florida Statutes, is created to
   24  read:
   25         252.386 Suspension of statutory provisions during states of
   26  emergency.—
   27         (1) For purposes of this section, the term:
   28         (a) “Governing body” means the council, commission, or
   29  other board or body in which the general legislative powers of a
   30  local or regional governmental entity are vested.
   31         (b) “Local governmental entity” means a municipality, a
   32  county, a district school board, a special district, or any
   33  other local entity within the jurisdiction of one county created
   34  by general or special law or local ordinance.
   35         (c) “Regional governmental entity” means a regional
   36  planning council, a metropolitan planning organization, a water
   37  supply authority that includes more than one county, a local
   38  health council, a water management district, and any other
   39  regional entity that is authorized and created by general or
   40  special law which have duties or responsibilities extending
   41  beyond the jurisdiction of a single county.
   42         (2) Any statutory provision that requires the physical
   43  presence of members to satisfy a quorum or that requires the
   44  members of a governing body to be physically present at a
   45  specified public place is suspended if a state of emergency is
   46  declared by the Governor, for a period not to exceed 6 months
   47  from the date on which the state of emergency is declared,
   48  unless the state of emergency is extended by the Governor
   49  pursuant to executive order.
   50         (a) If a county is declared to be under a state of
   51  emergency by the Governor, a governing body within that county
   52  may use communications media technology, including telephonic
   53  and video conferencing, as provided in s. 120.54(5)(b)2. to
   54  conduct meetings.
   55         (b) The participation by a member of a governing body in a
   56  meeting conducted through communications media technology as
   57  provided in paragraph (a) constitutes that member’s presence at
   58  such meeting and counts toward a quorum.
   59         (c) A meeting conducted through communications media
   60  technology must function as if it is being conducted in person.
   61         (d) If a meeting is conducted through communications media
   62  technology, a member of the governing body is entitled to attend
   63  the meeting in person or to attend the meeting through
   64  communications media technology.
   65         Section 2. This act shall take effect July 1, 2022.