Bill Text: FL H1065 | 2011 | Regular Session | Introduced

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Bill Title: Public Meetings/Discussions of Pending Litigation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1065 Detail]

Download: Florida-2011-H1065-Introduced.html

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HB 1065

1	A bill to be entitled
2	An act relating to public meetings; amending s. 286.011,
3	F.S.; revising an exception to the public meetings law
4	that allows specified governmental entities and the chief
5	administrative or executive officers thereof to meet in
6	private with the entity's attorney to discuss specified
7	pending litigation; expanding the exception to include
8	public employees or agents who possess relevant
9	information needed by the entity's attorney among those
10	authorized to attend such private meeting; revising a
11	condition precedent to such private meeting; providing for
12	future legislative review and repeal of the exemption;
13	providing a statement of public necessity; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsection (8) of section 286.011, Florida
19	Statutes, is amended to read:
20	286.011  Public meetings and records; public inspection;
21	criminal and civil penalties.-
22	(8)(a)  Notwithstanding the provisions of subsection (1),
23	any board or commission of any state agency or authority or any
24	agency or authority of any county, municipal corporation, or
25	political subdivision, and the chief administrative or executive
26	officer of the governmental entity, and any public employees or
27	agents who possess relevant information needed by the entity's
28	attorney may meet in private with the entity's attorney to
29	discuss pending litigation to which the entity is presently a
30	party before a court or administrative agency, provided that the
31	following conditions are met:
32	1.(a)  The entity's attorney shall advise the entity at a
33	public meeting that he or she desires advice concerning the
34	litigation.
35	2.(b)  The subject matter of the meeting shall be confined
36	to advice settlement negotiations or strategy sessions related
37	to matters regarding the litigation expenditures.
38	3.(c)  The entire session shall be recorded by a certified
39	court reporter. The reporter shall record the times of
40	commencement and termination of the session, all discussion and
41	proceedings, the names of all persons present at any time, and
42	the names of all persons speaking. No portion of the session
43	shall be off the record. The court reporter's notes shall be
44	fully transcribed and filed with the entity's clerk within a
45	reasonable time after the meeting.
46	4.(d)  The entity shall give reasonable public notice of
47	the time and date of the attorney-client session and the names
48	of persons who will be attending the session. The session shall
49	commence at an open meeting at which the persons chairing the
50	meeting shall announce the commencement and estimated length of
51	the attorney-client session and the names of the persons
52	attending. At the conclusion of the attorney-client session, the
53	meeting shall be reopened, and the person chairing the meeting
54	shall announce the termination of the session.
55	5.(e)  The transcript shall be made part of the public
56	record upon conclusion of the litigation.
57	(b)  This subsection is subject to the Open Government
58	Sunset Review Act in accordance with s. 119.15 and shall stand
59	repealed on October 2, 2016, unless reviewed and saved from
60	repeal through reenactment by the Legislature.
61	Section 2.  The Legislature finds that it is a public
62	necessity to expand the current exemption from public meeting
63	requirements for those meetings wherein any board or commission
64	of any state agency or authority or any agency or authority of
65	any county, municipal corporation, or political subdivision, and
66	the chief administrative or executive officer of the
67	governmental entity meet in private with the entity's attorneys
68	to discuss pending litigation to which the entity is presently a
69	party before a court or administrative agency. The Legislature
70	finds that it is a public necessity to allow public employees or
71	agents identified by the officer, the entity, or its attorney as
72	possessing relevant information to attend such meetings. The
73	Legislature finds that allowing those employees or agents to
74	attend such meetings will allow the entity to fully explore the
75	facts of the case, obtain the best possible legal advice, and
76	make better-informed decisions with respect to pending
77	litigation. The Legislature also finds that this measure will
78	ensure fair treatment of a public body as part of the judicial
79	and administrative process.
80	Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.