MEMORANDUM. Legal Staff of All City Boards, Commissions and Co7fnittees. Rules of Procedure at Sunshine Board and Committee Meetings

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1 MEMORANDUM TO: FROM: RE: Legal Staff of All City Boards, Commissions and Co7fnittees Jeannine S. Williams, Assistant City Attorneyo Rules of Procedure at Sunshine Board and Committee Meetings DATE: September 19, 2013 Effective October 1, 2013, Senate Bill 50, Chapter , Laws of Florida (attached) requires that members of the public be given a reasonable opportunity to be heard on a proposition before a board or commission ( board ) of a local government. A proposition would be any agenda item which is not one of the following items exempted by the law: (1) official acts which must be taken to deal with an emergency situation affecting the public health, safety or welfare if compliance with the requirements of Ch would cause unreasonable delay; (2) an official act involving no more than a ministerial act, including but not limited to, approval of minutes and ceremonial proclamations; (3) an act during a meeting exempt from the Sunshine Law, Section , Florida Statutes; or (4) an act taken when a board is acting in a quasi-judicial capacity. If a board adopts rules or policies in accordance with Ch and follows such rules or policies when providing an opportunity for the public to be heard, the board is deemed to be in compliance with Ch Rules regarding public comment are limited to those that provide guidelines regarding the amount of time an individual has to address the board; that prescribe procedures for allowing representative to speak for groups; that prescribe procedures for an individual to use to inform the board of a desire to be heard; and that designate a specified period of time for public comment. To assure full compliance with the law, all City boards (inclusive of all commissions and cormriittees meeting in the Sunshine) which are not acting as described in the exemptions above must allow public comment before substantive action on a proposition is taken by the board. The comments may be made at the beginning of the meeting or immediately before the proposition is heard or acted upon. The City Attorney s Office has prepared the attached rules of procedure which we recommend that all City boards adopt. Each board should adopt these or similar rules of procedure on or before its first meeting in October and implement the procedure no later than its first meeting in October. Failure to comply with the law can result in severe consequences. The new law authorizes the circuit court to issue an injunction for the purpose of enforcing Ch If a civil action is filed and the court deteaines that the board violated Ch , the court is required to assess attorney s fees against the board at both the trial and appellate levels.

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3 RULES OF PROCEDURE AT CITY BOARD, COMMISSION OR COMMITTEE ( BOARD ) MEETINGS HELD PURSUANT TO THE SUNSHINE LAW Section 1. Purpose These procedures are intended to provide an opportunity for the public to observe the decision-making process and to provide comments under the Public Comment section of the meeting agenda. Section 2. Decorum at Board Meetings All individuals observing the meeting and addressing the board shall be respectful and avoid the use of offensive or abusive language or conduct so that the order and decorum necessary for a governmental meeting is maintained at all times. Violators of this rule who disrupt the meeting to the point of preventing business from being conducted will be removed from the meeting location. Section 3. Public Comment Each regular meeting agenda should include a Public Comment section near the beginning of the meeting. A maximum total of thirty (30) minutes could be allotted for public comment. Each individual wishing to speak at a board meeting must sign the public comment roster and indicate which agenda item he or she wishes to discuss. The Chair shall recognize individuals whose names appear on the roster, No individual may speak without the Chair s pennission. If the time allotted for public comment is exhausted before all individuals who have signed the public comment roster have an opportunity to speak, an individual must be allowed to speak before action is taken on the agenda item referenced by the individual on the roster. Public comment must be related to agenda items and is limited to three (3) minutes per individual. Individuals may designate a representative to speak for an organization or group. 1-lowever, the representative will be allotted a maximum of three (3) minutes. Pooling of time is not permitted. Section 4. Effect and Waiver of Rules Nothing in these rules shall establish or support any private right of action for the benefit of any member of the public. Further, the board may at any time, by majority vote, waive the provisions of these rules. However, such waiver must not prevent an individual from having a reasonable opportunity to speak on a proposition before action is taken on the proposition.

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5 ENROLLED 2013 Legislature CS for CS for SB Oer 1 2 An act relating to public meetings; creating , F.S.; defining board or commission ; 4 requiring that a member of the public be given a 5 reasonable opportunity to be heard by a board or 6 commission before it takes official action on a 7 proposition; providing exceptions; establishing 8 requirements for rules or policies adopted by the 9 board or commission; providing that compliance with 10 the requirements of this section is deemed to have 11 occurred under certain circumstances; providing that a 12 circuit court has jurisdiction to issue an injunction 13 under certain circumstances; authorizing a court to 14 assess reasonable attorney fees in actions filed 15 against a board or commission; providing that an 16 action taken by a board or commission which is found 17 in violation of this section is not void; providing 18 that the act fulfills an important state interest; 19 providing an effective date Be It Enacted by the Legislature of the State of Florida: Section 1. Section , Florida Statutes, is created 24 to read: Public meetings; reasonable, opportunity to be 26 heard; attorney fees. 27 (1) For purposes of this section, board or commission 28 means a board or commission of any state agency or authority or 29 of any agency or authority of a county, municipal corporation, Page 1 of 4 CODING: Words gtrjckcn are deletions; words underlined are additions.

6 ENROLLED 2013 Legislature CS for CS for SB Oer 30 or political subdivision. 31 (2) Members of the public shall be given a reasonable 32 opportunity to be heard on a proposition before a board or 33 commission. The opportunity to be heard need not occur at the 34 same meeting at which the board or commission takes official 35 action on the proposition if the opportunity occurs at a meeting 36 that is during the decisionmaking process and is within 37 reasonable proximity in time before the meeting at which the 38 board or commission takes the official action. This section does 39 not prohibit a board or commission from maintaining orderly 40 conduct or proper decorum in a public meeting. The opportunity 41 to be heard is subject to rules or policies adopted by the board 42 or commission, as provided in subsection (4) 43 (3) The requirements in subsection (2) do not apply to: 44 (a) An official act that must be taken to deal with an 45 emergency situation affecting the public health, welfare, or 46 safety, if compliance with the requirements would cause an 47 unreasonable delay in the ability of the board or commission to 48 act; 49 (b) An official act involving no more than a ministerial 50 act, including, but not limited to, approval of minutes and 51 ceremonial proclamations; 52 (c) A meeting that is exempt from s ; or 53 (d) A meeting during which the board or commission is 54 acting in a quasi judicial capacity. This paragraph does not 55 affect the right of a person to be heard as otherwise provided 56 by law. 57 (4) Rules or policies of a board or commission which govern 58 the opportunity to be heard are limited to those that: Page 2 of 4 CODING: Words str~ckcn are deletions; words underlined are additions.

7 ENROLLED 2013 Legislature Cs for CS for SB er 59 (a) Provide guidelines regarding the amount of time an 60 individual has to address the board or commission; 61 (b) Prescribe procedures for allowing representatives of 62 groups or factions on a proposition to address the board or 63 commission, rather than all members of such groups or factions, 64 at meetings in which a large number of individuals wish to be 65 heard; 66 (c) Prescribe procedures or forms for an individual to use 67 in order to inform the board or commission of a desire to be 68 heard; to indicate his or her support, opposition, or neutrality 69 on a proposition; and to indicate his or her designation of a 70 representative to speak for him or her or his or her group on a 71 proposition if he or she so chooses; or 72 (d) Designate a specified period of time for public 73 comment. 74 (5) If a board or commission adopts rules or policies in 75 compliance with this section and follows such rules or policies 76 when providing an opportunity for members of the public to be 77 heard, the board or commission is deemed to be acting in 78 compliance with this section. 79 (6) A circuit court has jurisdiction to issue an injunction 80 for the purpose of enforcing this section upon the filing of an 81 application for such injunction by a citizen of this state. 82 (7) (a) Whenever an action is filed against a board or 83 commission to enforce this section, the court shall assess 84 reasonable attorney fees against such board or commission if the 85 court determines that the defendant to such action acted in 86 violation of this section. The court may assess reasonable 87 attorney fees against the individual filing such an action if Page 3 of 4 CODING: Words ztrickon are deletions; words underlined are additions.

8 ENROLLED 2013 Legislature Cs for Cs for SE Oer 88 the court finds that theaction was filed in bad faith or was 89 frivolous. This paragraph does not apply to a state attorney or 90 his or her duly authorized assistants or an officer charged with 91 enforcing this section. 92 (b) Whenever a board or commission appeals a court order 93 that has found the board or commission to have violated this 94 section, and such order is affirmed, the court shall assess 95 reasonable attorney fees for the appeal against such board or 96 commission. 97 (8) An action taken by a board or commission which is found 98 to be in violation of this section is not void as a result of 99 that violation. 100 Section 2. The Legislature finds that a proper and 101 legitimate state purpose is served when members of the public 102 have been given a reasonable opportunity to be heard on a 103 proposition before a board or commission of a state agency or 104 authority, or of an agency or authority of a county, municipal 105 corporation, or political subdivision. Therefore, the 106 Legislature determines and declares that this act fulfills an 107 important state interest. 108 Section 3. This act shall take effect October 1, Page 4 of 4 CODING: Words ztrickcn are deletions; words underlined are additions.