Bill Text: FL S1514 | 2017 | Regular Session | Introduced


Bill Title: Public Meetings

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Governmental Oversight and Accountability [S1514 Detail]

Download: Florida-2017-S1514-Introduced.html
       Florida Senate - 2017                                    SB 1514
       
       
        
       By Senator Rader
       
       
       
       
       
       29-01580-17                                           20171514__
    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 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 a board or
   11         commission; providing that a member of the public has
   12         the right to speak at a public meeting of a board or
   13         commission; specifying circumstances under which a
   14         board or commission is not required to allow public
   15         comment or may restrict the length of time that a
   16         member of the public may speak; requiring members of a
   17         board or commission to respond to questions made at
   18         public meetings within a specified timeframe;
   19         requiring a board or commission to prescribe a form
   20         for members of the public wishing to exercise their
   21         right to speak; providing civil and criminal penalties
   22         for violations of the act; conforming provisions to
   23         changes made by the act; repealing s. 286.0114, F.S.,
   24         relating to the reasonable opportunity to be heard at
   25         public meetings; providing a declaration of important
   26         state interest; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 286.011, Florida Statutes, is reenacted
   31  and amended to read:
   32         286.011 Public meetings and records; public inspection;
   33  criminal and civil penalties.—
   34         (1) Except as otherwise provided in the State Constitution,
   35  all meetings of any board or commission of any state agency or
   36  authority, or of any agency or authority of any county,
   37  municipal corporation, or political subdivision, or of any
   38  entity created by general or special law except as otherwise
   39  provided in the Constitution, including meetings with or
   40  attended by any person elected to such board or commission, but
   41  who has not yet taken office, at which official acts are to be
   42  taken are declared to be public meetings open to the public for
   43  public attendance and participation at all times. The adoption
   44  of a, and no resolution, rule, ordinance, code, or other formal
   45  action taken is not shall be considered binding except as taken
   46  or made at such meeting.
   47         (a) The board or commission must provide reasonable notice
   48  of all such meetings, which includes publication of all agenda
   49  items and any materials or attachments to be distributed at the
   50  meeting, at least 3 days before the meeting is scheduled. The
   51  board or commission may schedule an emergency meeting if 24
   52  hours’ notice is provided. The board or commission may amend an
   53  agenda after its initial publication, if needed. On the day of a
   54  meeting, the board or commission shall maintain at the meeting
   55  location at least two copies of the agenda, and any materials or
   56  attachments to be distributed at the meeting.
   57         (b) A member of the public has the right to speak for at
   58  least 3 minutes at a meeting on:
   59         1. A pending agenda item that relates to the appointment of
   60  public officers; zoning or land use regulation; the imposition
   61  of taxes, fees, and fines; or other interests affecting the
   62  rights of residents and businesses within the jurisdiction of
   63  the board or commission. The presiding officer or chair may, at
   64  his or her discretion, allow a member of the public to speak for
   65  longer than 3 minutes.
   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 may, at his or her discretion, allow
   69  a member of the public to speak for longer than 3 minutes. The
   70  presiding officer or chair shall allot time for general public
   71  comment as either the first or last item listed on the agenda.
   72         (c) The board or commission is not required to allow public
   73  comment on items on a consent agenda; the approval of minutes;
   74  the presentation of awards, proclamations, and reports;
   75  announcements; solely administrative or ministerial matters; or
   76  an official act taken to deal with an emergency situation
   77  affecting the public health, welfare, and safety.
   78         (d) Notwithstanding paragraph (b), the presiding officer or
   79  chair may allow a representative of a group in support of or in
   80  opposition to an agenda item to speak in lieu of individuals
   81  speaking on the same item. If there are 20 or more members of
   82  the public requesting to speak on one item, the presiding
   83  officer or chair may restrict the amount of time allotted for
   84  each speaker to address the board or commission but must allow
   85  for at least 1 minute.
   86         (e) The board or commission shall respond, either publicly
   87  at the meeting or through written correspondence, to any
   88  question made by a member of the public. Any written response
   89  shall be made within 10 days after the meeting and be
   90  incorporated into the minutes of the meeting.
   91         (f) The board or commission shall prescribe a form upon
   92  which a member of the public requesting to speak at a meeting
   93  shall complete to provide his or her name and the agenda item or
   94  other matter he or she wishes to comment on.
   95         (g) This subsection does not prohibit a board or commission
   96  from maintaining orderly conduct or proper decorum in a public
   97  meeting.
   98         (2) The minutes of a meeting of any such board or
   99  commission of any such state agency or authority shall be
  100  promptly recorded, and such records shall be open to public
  101  inspection. A The circuit court has courts of this state shall
  102  have jurisdiction to issue injunctions to enforce the purposes
  103  of this section upon application by a resident any citizen of
  104  this state.
  105         (3)(a) Any public officer who violates any provision of
  106  this section commits is guilty of a noncriminal infraction,
  107  punishable by fine not exceeding $500.
  108         (b) Any person who is a member of a board or commission or
  109  of any state agency or authority, of any agency or authority of
  110  any county, municipal corporation, or political subdivision, or
  111  of any entity created by general or special law and who
  112  knowingly violates the provisions of this section by attending a
  113  meeting not held in accordance with this section commits the
  114  provisions hereof is guilty of a misdemeanor of the second
  115  degree, punishable as provided in s. 775.082 or s. 775.083.
  116         (c) Conduct that which occurs outside the state and that
  117  which would constitute a knowing violation of this section is a
  118  misdemeanor of the second degree, punishable as provided in s.
  119  775.082 or s. 775.083.
  120         (4) Whenever an action has been filed against any board or
  121  commission of any state agency or authority, of or any agency or
  122  authority of any county, municipal corporation, or political
  123  subdivision, or of any entity created by general or special law
  124  to enforce the provisions of this section or to invalidate the
  125  actions of any such board or, commission, agency, or authority,
  126  which action was taken in violation of this section, if and the
  127  court determines that the defendant or defendants to such action
  128  acted in violation of this section, the court shall assess a
  129  reasonable attorney attorney’s fee against such agency,
  130  authority, or entity; however, the court and may assess a
  131  reasonable attorney attorney’s fee against the individual filing
  132  such an action if the court finds it was filed in bad faith or
  133  was frivolous. Any fees so assessed may be assessed against the
  134  individual member or members of such board or commission; except
  135  provided, that in any case where the board or commission seeks
  136  the advice of its attorney and such advice is followed, attorney
  137  no such fees may not shall be assessed against the individual
  138  member or members of the board or commission. However, This
  139  subsection does shall not apply to a state attorney or his or
  140  her duly authorized assistants or any officer charged with
  141  enforcing the provisions of this section.
  142         (5) Whenever any board or commission of any state agency or
  143  authority, of or any agency or authority of any county,
  144  municipal corporation, or political subdivision, or of any
  145  entity created by general or special law appeals any court order
  146  that which has found the said board or, commission, agency, or
  147  authority to have violated this section, and such order is
  148  affirmed, the court shall assess a reasonable attorney
  149  attorney’s fee for the appeal against the such board or,
  150  commission of such, agency, or authority, or entity. Any fees so
  151  assessed may be assessed against the individual member or
  152  members of such board or commission; except provided, that in
  153  any case where the board or commission seeks the advice of its
  154  attorney and such advice is followed, attorney no such fees may
  155  not shall be assessed against the individual member or members
  156  of the board or commission.
  157         (6) All persons subject to subsection (1) are prohibited
  158  from holding meetings at any facility or location that which
  159  discriminates on the basis of sex, age, race, creed, color,
  160  origin, or economic status or which operates in such a manner as
  161  to unreasonably restrict public access to such a facility.
  162         (7) Whenever any member of any board or commission of any
  163  state agency or authority, of or any 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 is authorized to reimburse the said member
  168  for any portion of his or her reasonable attorney attorney’s
  169  fees.
  170         (8) Notwithstanding the provisions of subsection (1), any
  171  board or commission of any state agency or authority, of or any
  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 such the governmental entity, may meet in private with the
  176  entity’s attorney to discuss pending litigation to which the
  177  agency, authority, or entity is presently a party before a court
  178  or administrative agency, if provided that the following
  179  conditions are met:
  180         (a) The entity’s attorney shall advise the entity at a
  181  public meeting that he or she desires advice concerning the
  182  litigation.
  183         (b) The subject matter of the meeting is shall be confined
  184  to settlement negotiations or strategy sessions related to
  185  litigation expenditures.
  186         (c) The entire session is shall be recorded by a certified
  187  court reporter. The reporter shall record the times of
  188  commencement and termination of the session, all discussion and
  189  proceedings, the names of all persons present at any time, and
  190  the names of all persons speaking. A No portion of the session
  191  may not shall be held off the record. The court reporter’s notes
  192  must shall be fully transcribed and filed with the entity’s
  193  clerk within a reasonable time after the meeting.
  194         (d) The entity shall give reasonable public notice of the
  195  time and date of the attorney-client session and the names of
  196  persons who will be attending the session. The session shall
  197  commence at an open meeting at which the persons chairing the
  198  meeting shall announce the commencement and estimated length of
  199  the attorney-client session and the names of the persons
  200  attending. At the conclusion of the attorney-client session, the
  201  meeting shall be reopened, and the person chairing the meeting
  202  shall announce the termination of the session.
  203         (e) The transcript shall be made part of the public record
  204  upon conclusion of the litigation.
  205         Section 2. Section 286.0114, Florida Statutes, is repealed.
  206         Section 3. The Legislature finds that a proper and
  207  legitimate state purpose is served when members of the public
  208  are afforded the right to speak at public meetings before a
  209  board or commission of a state agency or authority, of the
  210  agency or authority of a county, municipal corporation, or
  211  political subdivision, or of any entity created by general or
  212  special law. Therefore, the Legislature determines and declares
  213  that this act fulfills an important state interest.
  214         Section 4. This act shall take effect July 1, 2017.

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