Bill Text: FL H1065 | 2011 | Regular Session | Introduced

Bill Title: Public Meetings/Discussions of Pending Litigation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1065 Detail]

Download: Florida-2011-H1065-Introduced.html
HB 1065

A bill to be entitled
2An act relating to public meetings; amending s. 286.011,
3F.S.; revising an exception to the public meetings law
4that allows specified governmental entities and the chief
5administrative or executive officers thereof to meet in
6private with the entity's attorney to discuss specified
7pending litigation; expanding the exception to include
8public employees or agents who possess relevant
9information needed by the entity's attorney among those
10authorized to attend such private meeting; revising a
11condition precedent to such private meeting; providing for
12future legislative review and repeal of the exemption;
13providing a statement of public necessity; providing an
14effective date.
16Be It Enacted by the Legislature of the State of Florida:
18     Section 1.  Subsection (8) of section 286.011, Florida
19Statutes, is amended to read:
20     286.011  Public meetings and records; public inspection;
21criminal and civil penalties.-
22     (8)(a)  Notwithstanding the provisions of subsection (1),
23any board or commission of any state agency or authority or any
24agency or authority of any county, municipal corporation, or
25political subdivision, and the chief administrative or executive
26officer of the governmental entity, and any public employees or
27agents who possess relevant information needed by the entity's
28attorney may meet in private with the entity's attorney to
29discuss pending litigation to which the entity is presently a
30party before a court or administrative agency, provided that the
31following conditions are met:
32     1.(a)  The entity's attorney shall advise the entity at a
33public meeting that he or she desires advice concerning the
35     2.(b)  The subject matter of the meeting shall be confined
36to advice settlement negotiations or strategy sessions related
37to matters regarding the litigation expenditures.
38     3.(c)  The entire session shall be recorded by a certified
39court reporter. The reporter shall record the times of
40commencement and termination of the session, all discussion and
41proceedings, the names of all persons present at any time, and
42the names of all persons speaking. No portion of the session
43shall be off the record. The court reporter's notes shall be
44fully transcribed and filed with the entity's clerk within a
45reasonable time after the meeting.
46     4.(d)  The entity shall give reasonable public notice of
47the time and date of the attorney-client session and the names
48of persons who will be attending the session. The session shall
49commence at an open meeting at which the persons chairing the
50meeting shall announce the commencement and estimated length of
51the attorney-client session and the names of the persons
52attending. At the conclusion of the attorney-client session, the
53meeting shall be reopened, and the person chairing the meeting
54shall announce the termination of the session.
55     5.(e)  The transcript shall be made part of the public
56record upon conclusion of the litigation.
57     (b)  This subsection is subject to the Open Government
58Sunset Review Act in accordance with s. 119.15 and shall stand
59repealed on October 2, 2016, unless reviewed and saved from
60repeal through reenactment by the Legislature.
61     Section 2.  The Legislature finds that it is a public
62necessity to expand the current exemption from public meeting
63requirements for those meetings wherein any board or commission
64of any state agency or authority or any agency or authority of
65any county, municipal corporation, or political subdivision, and
66the chief administrative or executive officer of the
67governmental entity meet in private with the entity's attorneys
68to discuss pending litigation to which the entity is presently a
69party before a court or administrative agency. The Legislature
70finds that it is a public necessity to allow public employees or
71agents identified by the officer, the entity, or its attorney as
72possessing relevant information to attend such meetings. The
73Legislature finds that allowing those employees or agents to
74attend such meetings will allow the entity to fully explore the
75facts of the case, obtain the best possible legal advice, and
76make better-informed decisions with respect to pending
77litigation. The Legislature also finds that this measure will
78ensure fair treatment of a public body as part of the judicial
79and administrative process.
80     Section 3.  This act shall take effect July 1, 2011.

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