July 19, 2019
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HB 405

A bill to be entitled
2An act relating to public meetings; amending s. 286.011,
3F.S.; expanding persons authorized to attend a private
4meeting between a governmental entity and the entity's
5attorneys to discuss pending litigation to which the
6governmental entity is a party before a court or
7administrative agency; revising and providing additional
8conditions precedent to such private meetings; providing
9an effective date.
11Be It Enacted by the Legislature of the State of Florida:
13     Section 1.  Subsection (8) of section 286.011, Florida
14Statutes, is amended to read:
15     286.011  Public meetings and records; public inspection;
16criminal and civil penalties.-
17     (8)  Notwithstanding the provisions of subsection (1), any
18board or commission of any state agency or authority or any
19agency or authority of any county, municipal corporation, or
20political subdivision, and the chief administrative or executive
21officer of the governmental entity, and the risk manager and  
22division heads of the governmental entity identified by the
23chief administrative or executive officer as being involved in
24pending litigation may meet in private with the entity's
25attorneys attorney to discuss pending litigation to which the
26entity is presently a party before a court or administrative
27agency, if provided that the following conditions are met:
28     (a)  The entity gives reasonable public notice of the time
29and date of the attorney-client session and the names of persons
30who will be attending the session.
31     (b)  The session commences as an open meeting at which the
32person chairing the meeting announces the commencement and
33estimated length of the attorney-client session and the names of
34the persons attending.
35     (c)  The entity's attorney advises shall advise the entity
36at the a public meeting that he or she desires advice concerning
37the litigation, which advisory announcement may be made
38immediately before the attorney-client session begins.
39     (d)(b)  The subject matter of the session is meeting shall
40be confined to settlement negotiations or strategy sessions
41relating related to litigation expenditures.
42     (e)  A person who is an adverse party to the litigation is
43not permitted to attend the attorney-client session.
44     (f)(c)  The entire session is shall be recorded by a
45certified court reporter. The reporter shall record the times of
46commencement and termination of the session, all discussion and
47proceedings, the names of all persons present at any time, and
48the names of all persons speaking. No portion of the session
49shall be off the record. The court reporter's notes must shall
50be fully transcribed and filed with the entity's clerk within a
51reasonable time after the meeting.
52     (g)(d)  The entity shall give reasonable public notice of
53the time and date of the attorney-client session and the names
54of persons who will be attending the session. The session shall
55commence at an open meeting at which the persons chairing the
56meeting shall announce the commencement and estimated length of
57the attorney-client session and the names of the persons
58attending. At the conclusion of the attorney-client session, the
59meeting is shall be reopened, and the person chairing the
60meeting announces shall announce the termination of the
61attorney-client session.
62     (h)(e)  The transcript is shall be made part of the public
63record upon conclusion of the litigation.
64     (i)  A person in attendance at the attorney-client session
65agrees not to disclose any part of the discussion that took
66place during the session until the conclusion of the litigation
67unless ordered by the court.
68     Section 2.  This act shall take effect upon becoming a law.

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