Bill Text: FL S0192 | 2018 | Regular Session | Introduced
Bill Title: Public Meetings
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Messages [S0192 Detail]
Download: Florida-2018-S0192-Introduced.html
Florida Senate - 2018 SB 192 By Senator Baxley 12-00191-18 2018192__ 1 A bill to be entitled 2 An act relating to public meetings; amending s. 3 286.011, F.S.; defining terms; specifying conditions 4 under which members of any board or commission of any 5 state agency or authority or of any agency or 6 authority of any county, municipal corporation, or 7 political subdivision may participate in fact-finding 8 exercises or excursions; providing for construction; 9 providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (1) of section 286.011, Florida 14 Statutes, is amended, present subsections (2) through (8) of 15 that section are renumbered as subsections (3) through (9), 16 respectively, and a new subsection (2) is added to that section, 17 to read: 18 286.011 Public meetings and records; public inspection; 19 criminal and civil penalties.— 20 (1)(a) As used in this section, the term: 21 1. “De facto meeting” means the use of board or commission 22 staff or third parties, acting as intermediaries, to facilitate 23 discussion of public business between board or commission 24 members. 25 2. “Discussion” means a conversation between or among board 26 or commission members regardless of whether through oral, 27 written, electronic, or any other form of communication. 28 3. “Meeting” means a gathering, whether formal or informal, 29 of two or more members of the same board or commission, even if 30 they have not yet taken office. 31 4. “Official act” means the adoption of a resolution or 32 rule or other formal action being taken by the board or 33 commission. 34 5. “Public business” means any matter before, or 35 foreseeably expected to come before, the board or commission. 36 (b) Except as otherwise provided in the State Constitution, 37 all meetings or de facto meetings of any board or commission of 38 any state agency or authority or of any agency or authority of 39 any county, municipal corporation, or political subdivision at 40 which official acts are to be taken or public business is to be 41 transacted or discussed are declared to be public meetings open 42 to the public., except as otherwise provided in the43Constitution,including meetings with orattended by any person44elected to such board or commission, but who has not yet taken45office,at which official acts are to be takenare declared to46be public meetings open to the publicat all times, and47 (c) Members of the same board or commission may participate 48 in fact-finding exercises or excursions to research public 49 business, and may participate in meetings with a member of the 50 Legislature, if: 51 1. The board or commission provides reasonable notice; 52 2. A vote, an official act, or an agreement regarding an 53 action at a future meeting does not occur; 54 3. A discussion of public business, as those terms are 55 defined in paragraph (a), does not occur; and 56 4. Appropriate records, minutes, audio recordings, or video 57 recordings are made and retained as a public record. 58 (d) Anoresolution, rule, or formal action is notshall be59 considered binding unlessexcept astaken or made at a public 60suchmeeting. The board or commission must provide reasonable 61 notice of all such meetings. 62 (2) So long as no official acts are taken and any public 63 business is not discussed, subsection (1) may not be construed 64 to require public notice of and access to any gathering of two 65 or more members of the same board or commission. 66 Section 2. This act shall take effect upon becoming a law.