Okaloosa County BOCC — April 27, 2013 — CS for HB 23 — reading text

COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No. HB 23 (2013) Amendment No. COMMITTEE/SUBCOMMITTEE ACTION ADOPTED (Y/N) ADOPTED AS AMENDED (Y/N) ADOPTED W/O OBJECTION (Y/N) FAILED TO ADOPT (Y/N) WITHDRAWN (Y/N) OTHER 1 Committee/Subcommittee hearing bill: Government Operations 2 Subcommittee 3 Representative Rodrigues, R. offered the following: 4 5 Amendment (with title amendment) 6 Remove everything after the enacting clause and insert: 7 Section 1. Section 286.0114, Florida Statutes, is created 8 to read: 9 286.0114 Public meetings; reasonable opportunity to be 10 heard; attorney fees.— 11 (1) For purposes of this section, "board or commission" 12 means a board or commission of any state agency or authority or 13 of any agency or authority of a county, municipal corporation, 14 or political subdivision. 15 (2) Members of the public shall be given a reasonable 16 opportunity to be heard on a proposition before a board or 17 commission. The opportunity to be heard need not occur at the 18 same meeting at which the board or commission takes official 19 action on the proposition if the opportunity occurs at a meeting 20 that satisfies the same notice requirements as the meeting at 314461 - HB 23.strike-all amendment.Rodrigues.docx Published On: 3/5/2013 2:29:40 PM Page 1 of 5  COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No. HB 23 (2013) Amendment No. 21 which the board or commission takes official action on the 22 proposition, occurs at a meeting that is during the 23 decisionmaking process, and is within reasonable proximity in 24 time before the meeting at which the board or commission takes 25 the official action. This section does not prohibit a board or 26 commission from maintaining orderly conduct or proper decorum in 27 a public meeting. The opportunity to be heard is subject to 28 rules or policies adopted by the board or commission, as 29 provided in subsection (4). 30 (3) The requirements in subsection (2) do not apply to: 31 (a) An official act that must be taken to deal with an 32 emergency situation affecting the public health, welfare, or 33 safety, when compliance with the requirements would cause an 34 unreasonable delay in the ability of the board or commission to 35 act; 36 (b) An official act involving no more than a ministerial 37 act; 38 (c) A meeting that is exempt from s. 286.011; or 39 (d) A meeting during which the board or commission is 40 acting in a quasi-judicial capacity. This paragraph does not 41 affect the right of a person to be heard as otherwise provided 42 by law. 43 (4) Rules or policies of a board or commission which 44 govern the opportunity to be heard are limited to those that: 45 (a) Provide guidelines regarding the amount of time an 46 individual has to address the board or commission; 47 (b) Prescribe procedures for allowing representatives of 48 groups or factions on a proposition to address the board or 314461 - HB 23.strike-all amendment.Rodrigues.docx Published On: 3/5/2013 2:29:40 PM Page 2 of 5  COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No. HB 23 (2013) Amendment No. 49 commission, rather than all members of such groups or factions, 50 at meetings in which a large number of individuals wish to be 51 heard; 52 (c) Prescribe procedures or forms for an individual to use 53 in order to inform the board or commission of a desire to be 54 heard; to indicate his or her support, opposition, or neutrality 55 on a proposition; and to indicate his or her designation of a 56 representative to speak for him or her or his or her group on a 57 proposition if he or she so chooses; or 58 (d) Designate a specified period of time for public 59 comment. 60 (5) If a board or commission adopts rules or policies in 61 compliance with this section and follows such rules or policies 62 when providing an opportunity for members of the public to be 63 heard, the board or commission is deemed to be acting in 64 compliance with this section. 65 (6) A circuit court has jurisdiction to issue an 66 injunction for the purpose of enforcing this section upon the 67 filing of an application for such injunction by a citizen of 68 this state. 69 (7)(a) Whenever an action is filed against a board or 70 commission to enforce this section, the court shall assess 71 reasonable attorney fees against such board or commission if the 72 court determines that the defendant to such action acted in 73 violation of this section. The court may assess reasonable 74 attorney fees against the individual filing such an action if 75 the court finds that the action was filed in bad faith or was 76 frivolous. This paragraph does not apply to a state attorney or 314461 - HB 23.strike-all amendment.Rodrigues.docx Published On: 3/5/2013 2:29:40 PM Page 3 of 5  COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No. HB 23 (2013) Amendment No. 77 his or her duly authorized assistants or an officer charged with 78 enforcing this section. 79 (b) Whenever a board or commission appeals a court order 80 that has found the board or commission to have violated this 81 section, and such order is affirmed, the court shall assess 82 reasonable attorney fees for the appeal against such board or 83 commission. 84 (8) An action taken by a board or commission which is 85 found to be in violation of this section is not void as a result 86 of that violation. 87 Section 2. The Legislature finds that a proper and 88 legitimate state purpose is served when members of the public 89 have been given a reasonable opportunity to be heard on a 90 proposition before a board or commission of a state agency or 91 authority, or of an agency or authority of a county, municipal 92 corporation, or political subdivision. Therefore, the 93 Legislature determines and declares that this act fulfills an 94 important state interest. 95 Section 3. This act shall take effect October 1, 2013. 96 97 98 ----------------------------------------------------- 99 T I T L E A M E N D M E N T 100 Remove everything before the enacting clause and insert: 101 A bill to be entitled 102 An act relating to public meetings; creating s. 103 286.0114, F.S.; defining "board or commission"; 104 requiring that a member of the public be given a 314461 - HB 23.strike-all amendment.Rodrigues.docx Published On: 3/5/2013 2:29:40 PM Page 4 of 5  COMMITTEE/SUBCOMMITTEE AMENDMENT Bill No. HB 23 (2013) Amendment No. 105 reasonable opportunity to be heard by a board or 106 commission before it takes official action on a 107 proposition; providing exceptions; establishing 108 requirements for rules or policies adopted by the 109 board or commission; providing that compliance with 110 the requirements of this section is deemed to have 111 occurred under certain circumstances; providing that a 112 circuit court has jurisdiction to issue an injunction 113 under certain circumstances; authorizing a court to 114 assess reasonable attorney fees in actions filed 115 against a board or commission; providing that an 116 action taken by a board or commission which is found 117 in violation of this section is not void; providing 118 that the act fulfills an important state interest; 119 providing an effective date. 120 314461 - HB 23.strike-all amendment.Rodrigues.docx Published On: 3/5/2013 2:29:40 PM Page 5 of 5