SB 332 — Public Records and Public Meetings/Private Property Rights

Florida Senate - 2026 CS for CS for SB 332 By the CommitteesCommittee on GovernmentalJudiciary; Oversight and Accountability;

and Judiciary;Senator Bradley 590-02242-26 2026332c1 A bill to be entitled An act relating to public meetings;

and Senator Bradley 585-02770-26 2026332c2 A bill to be entitled An act relating to public records and public meetings;

providing anthat exemptionspecified fromentities publicmay meetingsmeet requirementsin forprivate meetingswith or portions of meetings between agencies and their attorneys to discuss certain claims concerning private property rights;

specifying what may be discussed during such closed meetings;

providing an exemption from public records requirements for transcripts,future recordings,legislative minutes,review and recordsrepeal; generated during the exempt meetings or portions of such meetings;

providing for future legislative review and repeal of the exemptions;

Harris, Jr., Private Property Rights Protection Act.— (1) ANotwithstanding meeting or portion of a meeting between an agency as defined in s.

119.011,286.011(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 anthe agency,governmental andentity may meet in private with the agency’sentity’s attorney during the 90-90-day-notice day notice period specified in s.

70.001(4) to discuss claims submitted in accordance with that subsection isprovided exemptthat fromthe s.following conditions are met:

(a) The entity’s attorney shall advise the entity at a public meeting that he or she desires advice concerning a claim Page 1 of 43 CODING:

Florida Senate - 2026 CS for CS for SB 332 585-02770-26590-02242-26 2026332c22026332c1 286.011submitted andin accordance with s.

24(b), Art.

I of the State Constitution, provided that:

(a) The agency’s attorney shall advise the agency at a public meeting that he or she desires advice concerning a claim submitted in accordance with s.

The court reporter’s notes must be fully transcribed and filed with the agency’sentity’s clerk within a reasonable time after the meeting.

(d) The agencyentity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session.

The session must commence at an open meeting at which the personsperson chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending.

70.001, or upon the expiration of the statute of limitations for the claim arising under this chapter in the event that no litigation is filed and Pagethere 2is no settlement of 4a CODING:claim under s.

70.001.

(2) This section is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2031, unless reviewed and saved from repeal Page 2 of 3 CODING:

Florida Senate - 2026 CS for CS for SB 332 585-02770-26590-02242-26 2026332c22026332c1 therethrough isreenactment noby settlementthe ofLegislature. a claim under s.

70.001.

(2) Transcripts, recordings, minutes, and records generated during an exempt meeting or portion of such a meeting, pursuant to subsection (1), are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

(3) This section is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2031, unless reviewed and saved from repeal through reenactment by the Legislature.

(1) The Legislature finds that it is a public necessity that meetings orto portionsdiscuss ofa meetingspresuit betweenclaim anunder agencythe asBert definedJ. in s.

119.011,Harris, FloridaJr., Statutes,Private orProperty theRights chiefProtection administrativeAct orbe executivemade officerconfidential of an agency, and theclosed agency’sto attorney during the 90-daypublic. notice period specified in s.

70.001(4),When Floridathose Statutes,meetings toare discussconducted claimsin submittedan inopen accordancemeeting, withthe thatgoverning subsectionbody becannot madeeffectively exemptreview, fromdiscuss, s.and prepare strategies for resolution of the claim.

286.011, Florida Statutes, and s.

24(b), Article I of the State Constitution, provided that certain conditions are met.

When those meetings are conducted in an open meeting, the agency cannot effectively review, discuss, and prepare strategies for resolution of the claim.

Making these meetings,hearings orconfidential portionsand of these meetings, closed to the public encourages agenciesa local government to reasonably develop negotiation strategies that make prelitigationpresuit resolution more likely.

Requiring meetingspublic hearings relating to a Bert Harris claim to be public defeats the purpose of having a prelitigationpresuit claim process, namely, to foster settlement quickly while limiting attorney fees of all parties.

The public is protected by the requirement that the records of Pagethe 3meeting ofare 4open CODING:once the claim is settled.

Words stricken are deletions;