Bill Text: FL S1408 | 2011 | Regular Session | Introduced
Bill Title: Public Meetings/Pending Litigation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1408 Detail]
Download: Florida-2011-S1408-Introduced.html
Florida Senate - 2011 SB 1408 By Senator Bogdanoff 25-00917-11 20111408__ 1 A bill to be entitled 2 An act relating to public meetings; amending s. 3 286.011, F.S.; revising an exemption from public 4 meetings requirements which authorizes a board or 5 commission of a state agency, authority, county, 6 municipal corporation, or political subdivision and 7 the chief administrative or executive officer of such 8 governmental entity to meet in private with the 9 entity’s attorney to discuss pending litigation; 10 including within the exemption a public employee or 11 agent having relevant information needed by the 12 entity’s attorney; revising a provision limiting what 13 may be discussed at such a meeting; providing for 14 future legislative review and repeal of the exemption 15 under the Open Government Sunset Review Act; providing 16 a statement of public necessity; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (8) of section 286.011, Florida 22 Statutes, is amended to read: 23 286.011 Public meetings and records; public inspection; 24 criminal and civil penalties.— 25 (8) Notwithstandingthe provisions ofsubsection (1), aany26 board or commission of any state agency or authority or of any 27 agency or authority of any county, municipal corporation, or 28 political subdivision,andthe chief administrative or executive 29 officer of the governmental entity, and a public employee or 30 agent who possesses relevant information needed by the entity’s 31 attorney may meet in private with the entity’s attorney to 32 discuss pending litigation to which the entity is presently a 33 party before a court or administrative agency, provided that the 34 following conditions are met: 35 (a) The entity’s attorney shall advise the entity at a 36 public meeting that he or she desires advice concerning the 37 litigation. 38 (b) The subject matter of the meeting shall be confined to 39 advicesettlement negotiations or strategy sessionsrelated to 40 matters regarding the litigationexpenditures. 41 (c) The entire session shall be recorded by a certified 42 court reporter. The reporter shall record the times of 43 commencement and termination of the session, all discussion and 44 proceedings, the names of all persons present at any time, and 45 the names of all persons speaking. No portion of the session 46 shall be off the record. The court reporter’s notes shall be 47 fully transcribed and filed with the entity’s clerk within a 48 reasonable time after the meeting. 49 (d) The entity shall give reasonable public notice of the 50 time and date of the attorney-client session and the names of 51 persons who will be attending the session. The session shall 52 commence at an open meeting at which the persons chairing the 53 meeting shall announce the commencement and estimated length of 54 the attorney-client session and the names of the persons 55 attending. At the conclusion of the attorney-client session, the 56 meeting shall be reopened, and the person chairing the meeting 57 shall announce the termination of the session. 58 (e) The transcript shall be made part of the public record 59 upon conclusion of the litigation. 60 61 This subsection is subject to the Open Government Sunset Review 62 Act in accordance with s. 119.15 and shall stand repealed on 63 October 2, 2016, unless reviewed and saved from repeal through 64 reenactment by the Legislature. 65 Section 2. The Legislature finds that it is a public 66 necessity to expand the current exemption from public-meeting 67 requirements for those meetings in which a board or commission 68 of any state agency or authority or an agency or authority of 69 any county, municipal corporation, or political subdivision, and 70 the chief administrative or executive officer of the 71 governmental entity, may meet in private with the entity’s 72 attorneys to discuss pending litigation to which the entity is 73 presently a party before a court or administrative agency. The 74 Legislature finds that it is a public necessity to allow public 75 employees or agents identified by the officer, the entity, or 76 its attorney as possessing relevant information to attend such 77 meetings. The Legislature finds that allowing those employees or 78 agents to attend such meetings will allow the entity to fully 79 explore the facts of the case, obtain the best possible legal 80 advice, and make better-informed decisions with respect to 81 pending litigation. The Legislature also finds that this measure 82 will ensure fair treatment of a public body as part of the 83 judicial and administrative process. 84 Section 3. This act shall take effect July 1, 2011.