Bill Text: FL S0206 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public Meetings
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Messages [S0206 Detail]
Download: Florida-2012-S0206-Comm_Sub.html
Bill Title: Public Meetings
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Messages [S0206 Detail]
Download: Florida-2012-S0206-Comm_Sub.html
Florida Senate - 2012 CS for SB 206 By the Committee on Rules Subcommittee on Ethics and Elections; and Senators Negron, Gaetz, and Evers 582-01810A-12 2012206c1 1 A bill to be entitled 2 An act relating to public meetings; amending s. 3 112.3215, F.S.; conforming a cross-reference; amending 4 s. 286.011, F.S.; requiring that a member of the 5 public be given an opportunity to be heard before a 6 board or commission takes official action on an item 7 of significant interest to the public under certain 8 circumstances; providing exceptions; requiring that a 9 board or commission adopt rules or policies; providing 10 an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (b) of subsection (8) of section 15 112.3215, Florida Statutes, is amended to read: 16 112.3215 Lobbying before the executive branch or the 17 Constitution Revision Commission; registration and reporting; 18 investigation by commission.— 19 (8) 20 (b) All proceedings, the complaint, and other records 21 relating to the investigation are confidential and exempt from 22 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State 23 Constitution, and any meetings held pursuant to an investigation 24 are exempt from the provisions of s. 286.011(1)and s. 24(b), 25 Art. I of the State Constitution either until the alleged 26 violator requests in writing that such investigation and 27 associated records and meetings be made public or until the 28 commission determines, based on the investigation, whether 29 probable cause exists to believe that a violation has occurred. 30 Section 2. Section 286.011, Florida Statutes, is amended to 31 read: 32 286.011 Public meetings and records; opportunity to be 33 heard; public inspection; criminal and civil penalties.— 34 (1)(a) All meetings of any board or commission of any state 35 agency or authority or of any agency or authority of any county, 36 municipal corporation, or political subdivision, except as 37 otherwise provided in the Constitution, at which official acts 38 are to be taken are declared to be public meetings open to the 39 public at all times, and no resolution, rule, or formal action 40 shall be considered binding except as taken or made at such 41 meeting. The board or commission must provide reasonable notice 42 of all such meetings. 43 (b)1. Members of the public shall be given an opportunity 44 to be heard on a proposition before the board or commission. The 45 opportunity to be heard need not occur at the same meeting at 46 which the board or commission takes official action on the item, 47 if the opportunity occurs at a meeting that meets the same 48 notice requirements as the meeting at which the board or 49 commission takes official action on the item, occurs at a 50 meeting that is during the decisionmaking process, and is within 51 reasonable proximity to the meeting at which the board or 52 commission takes the official action. The opportunity to be 53 heard is subject to reasonable rules or policies adopted by the 54 board or commission to ensure the orderly conduct of a public 55 meeting, as provided in subparagraph 3. A resolution, rule, or 56 formal action is not binding unless taken or made in compliance 57 with this paragraph. 58 2. The requirements in subparagraph 1. do not apply to: 59 a. An official act that must be taken to deal with an 60 emergency situation affecting the public health, welfare, or 61 safety, when compliance with the requirements would cause an 62 unreasonable delay in the ability of the board or commission to 63 act; 64 b. An official act involving no more than a ministerial 65 act; or 66 c. A meeting in which the board or commission is acting in 67 a quasi-judicial capacity with respect to the rights or 68 interests of a person. This sub-subparagraph does not affect the 69 right of a person to be heard as otherwise provided by law. 70 3. Rules or policies of a board or commission adopted under 71 subparagraph 5. must be limited to rules or policies that: 72 a. Limit the time an individual has to address the board or 73 commission; 74 b. Require, at meetings in which a large number of 75 individuals wish to be heard, that representatives of groups or 76 factions on an item, rather than all of the members of the 77 groups or factions, address the board or commission; or 78 c. Prescribe procedures or forms for an individual to use 79 in order to inform the board or commission of a desire to be 80 heard, to indicate his or her support, opposition, or neutrality 81 on a proposition, and to indicate his or her designation of a 82 representative to speak for him or her or his or her group on a 83 proposition if he or she so chooses. 84 4. If a board or commission adopts rules or policies in 85 compliance with this paragraph and follows such rules or 86 policies when providing an opportunity for members of the public 87 to be heard, it is presumed that the board or commission is 88 acting in compliance with this paragraph. 89 5. Each board or commission that is subject to chapter 120 90 shall adopt rules under ss. 120.536(1) and 120.54 to administer 91 this paragraph. 92 (2) The minutes of a meeting of any such board or 93 commission of any such state agency or authority shall be 94 promptly recorded, and such records shall be open to public 95 inspection. The circuit courts of this stateshallhave 96 jurisdiction to issue injunctions to enforce the purposes of 97 this section upon application by any citizen of this state. 98 (3)(a) Any public officer who violates any provision of 99 this section commitsis guilty ofa noncriminal infraction, 100 punishable by fine not exceeding $500. 101 (b) Any person who is a member of a board or commission or 102 of any state agency or authority of any county, municipal 103 corporation, or political subdivision who knowingly violates the 104 provisions of this section by attending a meeting not held in 105 accordance with the provisions of this section commitshereof is106guilty ofa misdemeanor of the second degree, punishable as 107 provided in s. 775.082 or s. 775.083. 108 (c) Conduct occurringwhich occursoutside the state which 109 would constitute a knowing violation of this section is a 110 misdemeanor of the second degree, punishable as provided in s. 111 775.082 or s. 775.083. 112 (4) Whenever an action has been filed against any board or 113 commission of any state agency or authority or any agency or 114 authority of any county, municipal corporation, or political 115 subdivision to enforce the provisions of this section or to 116 invalidate the actions of any such board, commission, agency, or 117 authority, which action was taken in violation of this section, 118 and the court determines that the defendant or defendants to 119 such action acted in violation of this section, the court shall 120 assess a reasonable attorney’s fee against such agency, and may 121 assess a reasonable attorney’s fee against the individual filing 122 such an action if the court finds it was filed in bad faith or 123 was frivolous. Any fees so assessed may be assessed against the 124 individual member or members of such board or commission; 125 provided, that in any case where the board or commission seeks 126 the advice of its attorney and such advice is followed, no such 127 fees shall be assessed against the individual member or members 128 of the board or commission. However, this subsection doesshall129 not apply to a state attorney or his or her duly authorized 130 assistants or any officer charged with enforcing the provisions 131 of this section. 132 (5) Whenever any board or commission of any state agency or 133 authority or any agency or authority of any county, municipal 134 corporation, or political subdivision appeals any court order 135 thatwhichhas found thesaidboard, commission, agency, or 136 authority to have violated this section, and such order is 137 affirmed, the court shall assess a reasonable attorney’s fee for 138 the appeal against such board, commission, agency, or authority. 139 Any fees so assessed may be assessed against the individual 140 member or members of such board or commission; provided, that in 141 any case where the board or commission seeks the advice of its 142 attorney and such advice is followed, no such fees shall be 143 assessed against the individual member or members of the board 144 or commission. 145 (6) All persons subject to paragraph (1)(a)subsection (1)146 are prohibited from holding meetings at any facility or location 147 thatwhichdiscriminates on the basis of sex, age, race, creed, 148 color, origin, or economic status or thatwhichoperates in such 149 a manner as to unreasonably restrict public access to such a 150 facility. 151 (7) Whenever any member of any board or commission of any 152 state agency or authority or any agency or authority of any 153 county, municipal corporation, or political subdivision is 154 charged with a violation of this section and is subsequently 155 acquitted, the board or commission is authorized to reimburse 156 thesaidmember for any portion of his or her reasonable 157 attorney’s fees. 158 (8) Notwithstanding the provisions of paragraph (1)(a) 159subsection (1), any board or commission of any state agency or 160 authority or any agency or authority of any county, municipal 161 corporation, or political subdivision, and the chief 162 administrative or executive officer of the governmental entity, 163 may meet in private with the entity’s attorney to discuss 164 pending litigation to which the entity is presently a party 165 before a court or administrative agency, provided that the 166 following conditions are met: 167 (a) The entity’s attorney shall advise the entity at a 168 public meeting that he or she desires advice concerning the 169 litigation. 170 (b) The subject matter of the meeting shall be confined to 171 settlement negotiations or strategy sessions related to 172 litigation expenditures. 173 (c) The entire session shall be recorded by a certified 174 court reporter. The reporter shall record the times of 175 commencement and termination of the session, all discussion and 176 proceedings, the names of all persons present at any time, and 177 the names of all persons speaking. No portion of the session 178 shall be off the record. The court reporter’s notes shall be 179 fully transcribed and filed with the entity’s clerk within a 180 reasonable time after the meeting. 181 (d) The entity shall give reasonable public notice of the 182 time and date of the attorney-client session and the names of 183 persons who will be attending the session. The session shall 184 commence at an open meeting at which the persons chairing the 185 meeting shall announce the commencement and estimated length of 186 the attorney-client session and the names of the persons 187 attending. At the conclusion of the attorney-client session, the 188 meeting shall be reopened, and the person chairing the meeting 189 shall announce the termination of the session. 190 (e) The transcript shall be made part of the public record 191 upon conclusion of the litigation. 192 Section 3. This act shall take effect July 1, 2012.