HomeMy WebLinkAboutSenate Bill 50 FR/SR1
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An act relating to public meetings; creating s.
286.0114, F.S.; defining "board or commission";
requiring that a member of the public be given a
reasonable opportunity to be heard by a board or
commission before it takes official action on a
proposition; providing exceptions; establishing
requirements for rules or policies adopted by the
board or commission; providing that compliance with
the requirements of this section is deemed to have
occurred under certain circumstances; providing that a
circuit court has jurisdiction to issue an injunction
under certain circumstances; authorizing a court to
assess reasonable attorney fees in actions filed
against a board or commission; providing that an
action taken by a board or commission which is found
in violation of this section is not void; providing
that the act fulfills an important state interest;
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 286.0114, Florida Statutes, is created
to read
286.0114 Public meetings; reasonable opportunity to be
heard; attorney fees.—
(1) For purposes of this section, "board or commission"
means a board or commission of any state agency or authority or
of any agency or authority of a county, municipal corporation,
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or political subdivision.
(2) Members of the public shall be given a reasonable
opportunity to be heard on a proposition before a board or
commission. The opportunity to be heard need not occur at the
same meeting at which the board or commission takes official
action on the proposition if the opportunity occurs at a meeting
that is during the decisionmaking process and is within
reasonable proximity in time before the meeting at which the
board or commission takes the official action. This section does
not prohibit a board or commission from maintaining orderly
conduct or proper decorum in a public meeting. The opportunity
to be heard is subject to rules or policies adopted by the board
or commission, as provided in subsection (4).
(3) The requirements in subsection (2) do not apply to:
(a) An official act that must be taken to deal with an
emergency situation affecting the public health, welfare, or
safety, if compliance with the requirements would cause an
unreasonable delay in the ability of the board or commission
act;
(b) An official act involving no more than
a ministerial
minutes
and
to
ceremonial proclamations;
(c) A meeting that is exempt from s. 286.011; or
(d) A meeting during which the board or commission is
acting in a quasi-judicial capacity. This paragraph does not
affect the right of a person to be heard as otherwise provided
by law.
(4) Rules or policies of a board or commission which govern
the opportunity to be heard are limited to those that:
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act, including, but not limited to, approval of
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(a) Provide guidelines regarding the amount of time an
individual has to address the board or commission;
(b) Prescribe procedures for allowing representatives of
groups or factions on a proposition to address the board or
commission, rather than all members of such groups or factions,
at meetings in which a large number of individuals wish to be
heard;
(c) Prescribe procedures or forms for an individual to use
in order to inform the board or commission of a desire to be
heard; to indicate his or her support, opposition, or neutrality
on a proposition; and to indicate his or her designation of a
representative to speak for him or her or his or her group on a
proposition if he or she so chooses; or
(d) Designate a specified period of time for public
comment.
(5) If a board or commission adopts rules or policies in
compliance with this section and follows such rules or policies
when providing an opportunity for members of the public to be
heard, the board or commission is deemed to be acting in
compliance with this section.
(6) A circuit court has jurisdiction to issue an injunction
for the purpose of enforcing this section upon the filing of an
application for such injunction by a citizen of this state.
(7)(a) Whenever an action is filed against a board or
commission to enforce this section, the court shall assess
reasonable attorney fees against such board or commission if the
court determines that the defendant to such action acted in
violation of this section. The court may assess reasonable
attorney fees against the individual filing such an action if
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the court finds that the action was filed in bad faith or was
frivolous. This paragraph does not apply to a state attorney or
his or her duly authorized assistants or an officer charged with
enforcing this section.
(b) Whenever a board or commission appeals a court order
that has found the board or commission to have violated this
section, and such order is affirmed, the court shall assess
reasonable attorney fees for the appeal against such board or
commission.
(8) An action taken by a board or commission which is found
to be in violation of this section is not void as a result of
that violation.
Section 2. The Legislature finds that a proper and
legitimate state purpose is served when members of the public
have been given a reasonable opportunity to be heard on a
proposition before a board or commission of a state agency or
authority, or of an agency or authority of a county, municipal
corporation, or political subdivision. Therefore, the
Legislature determines and declares that this act fulfills an
important state interest.
Section 3. This act shall take effect October 1, 2013.
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