Bill Text: FL S0518 | 2019 | Regular Session | Introduced
Bill Title: Public Meetings
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Governmental Oversight and Accountability [S0518 Detail]
Download: Florida-2019-S0518-Introduced.html
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;orof 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 otherwise40provided 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 noresolution, a rule, an ordinance, or a code, or 46 other formal action taken, is notshall beconsidered binding 47 except as taken or made at such a meeting. 48 (a) The board or commission must provide at least 3 days’ 49 advancereasonablenotice 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 mustof any such state agency or authorityshallbe 99 promptly recorded, and such records mustshallbe open to public 100 inspection. AThecircuit court hascourts of this state shall101havejurisdiction to issue injunctions to enforcethe purposes102ofthis section upon application by a residentany citizenof 103 this state. 104 (3)(a) Any public officer who violates any provision of 105 this section commitsis guilty ofa noncriminal infraction, 106 punishable by fine not exceeding $500. 107 (b) Any person who is a member of a board or commissionor108 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 commitsthe provisions113hereof is guilty ofa misdemeanor of the second degree, 114 punishable as provided in s. 775.082 or s. 775.083. 115 (c) Conduct thatwhichoccurs outside the state and that 116whichwould 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; oforany 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,125which action wastaken in violation of this section, ifandthe 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 attorneyattorney’sfee against such agency, 129 authority, or entity; however, the courtandmay assess a 130 reasonable attorneyattorney’sfee against the individual filing 131 such an action if the court finds it was filed in bad faith or 132 was frivolous. Any feessoassessed may be assessed against the 133 individual member or members of such board or commission; except 134provided,that in any case where the board or commission seeks 135 the advice of its attorney and such advice is followed, attorney 136no suchfees may notshallbe assessed against the individual 137 member or members of the board or commission.However,This 138 subsection doesshallnot apply to a state attorney or his or 139 her duly authorized assistants or any officer charged with 140 enforcingthe provisions ofthis section. 141 (5) Whenever any board or commission of any state agency or 142 authority; oforany 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 thatwhichhas found that thesaidboard or,commission has,146agency, or authorityto haveviolated this section, and such 147 order is affirmed, the court shall assess a reasonable attorney 148attorney’sfee for the appeal against thesuchboard or,149 commission of such,agency,orauthority, or entity. Any feesso150 assessed may be assessed against the individual member or 151 members of such board or commission; exceptprovided,that in 152 any case where the board or commission seeks the advice of its 153 attorney and such advice is followed, attorneyno suchfees may 154 notshallbe 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 thatwhich158 discriminates on the basis of sex, age, race, creed, color, 159 origin, or economic status or thatwhichoperates 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; oforany 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 mayis authorized toreimburse thesaid168 member for any portion of his or her reasonable attorney 169attorney’sfees. 170 (8) Notwithstandingthe provisions ofsubsection (1), any 171 board or commission of any state agency or authority; oforany 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 suchthegovernmental 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, ifprovided thatthe 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 isshall beconfined 183 to settlement negotiations or strategy sessions related to 184 litigation expenditures. 185 (c) The entire session isshall berecorded 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 190shallbe held off the record. The court reporter’s notes must 191shallbe 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 196shallcommence at an open meeting at which the persons chairing 197 the meetingshallannounce 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 mustshallbe 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.