SB 560 — Public Meetings and Records/Imminent Litigation

Florida Senate - 2018 CS for SB 560 By Senatorthe SteubeCommittee 23-00772-18on 2018560__Rules; A bill to be entitled An act relating to public meetings and records;

and Senator Steube 595-02462-18 2018560c1 A bill to be entitled An act relating to public meetings and records;

expanding an exemption from public meetings requirements to allow specified entities to meet in private with anattorneys attorneyand technical experts to discuss imminent litigation if certain conditions are met;

providing an exception;

1718 Be It Enacted by the Legislature of the State of Florida:

1920 Section 1. Subsection (8) of section 286.011, Florida Statutes, is amended to read:

criminal and civil penalties.— (8)(a) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity,entity or his or her designee, is exempt from this section and s.

I of the State Constitution for the limited purpose of meeting may meet in private with the entity’s attorneys and technical experts attorney to discuss imminent or pending litigation to which the entity is or may in the foreseeable future be presently a party before a court or administrative agency, provided that the following conditions are met:

For imminent litigation, the entity’s attorney shall identify the name of the potential claimant or litigant.litigant unless the identity of the potential claimant or litigant is confidential or exempt from s.

119.07(1) or s.

24(a), Art.

I of the State Constitution.

Section 2. The Legislature finds that it is a public necessity to expand the exemption from public meetings requirements currently applicable to meetings at which any board or commission of any state agency or authority, or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity meet in private with the entity’s attorneys to discuss pending litigation to which the entity is presently a party before a court or administrative agencyagency. to include such meetings related to certain imminent litigation.

ExpandingThe this exemption is necessaryexpanded to allowinclude asuch governmentalmeetings entitywhen tothe privatelydesignee prepareof forthe threatenedchief litigationadministrative byor obtainingexecutive legalofficer advice,of exploringthe andgovernmental developingentity relevantis facts,present, andwhen consideringtechnical anexperts earlyof settlementthe orentity discussingare otherpresent, possibleand resolutionswhen insuch ordermeetings are related to makecertain better-informedimminent decisions.litigation.

TheIn Legislatureaddition, alsothe Legislature finds that expandingit thisis a public meetingsnecessity exemptionto willexempt helpthe ensuretranscript thatof governmentalsuch entitiesexempt receivemeetings fairfrom treatmentpublic duringrecords therequirements. judicial and administrative processes.

These public meetings and public records exemptions are necessary to allow a governmental entity to privately prepare for threatened litigation by obtaining legal advice, exploring and developing relevant facts, and considering an early settlement or discussing other possible resolutions in order to make better informed decisions.

The Legislature also finds that these public meetings and public records exemptions will help ensure that governmental entities receive fair treatment during the judicial and administrative processes.