Florida HB 655: Suicide Prevention

Bill Text

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An act relating to public records and public meetings; 2
creating s. 70.90, F.S.; providing an exemption from 3
public meetings requirements for meetings or portions 4
of meetings between agencies and their attorneys to 5
discuss certain claims concerning private property 6
rights; specifying what may be discussed during such 7
meetings; requiring that such meetings be transcribed; 8
providing that such transcripts become public records 9
at specified times; providing an exemption from public 10
records requirements for transcripts, recordings, 11
minutes, and records generated during the exempt 12
meetings or portions of such meetings; providing for 13
future legislative review and repeal of the 14
exemptions; providing a statement of public necessity; 15
providing an effective date. 16
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Be It Enacted by the Legislature of the State of Florida: 18
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Section 1. Section 70.90, Florida Statutes, is created to 20
read: 21
70.90 Public meetings and records regarding a claim under 22
the Bert J. Harris, Jr., Private Property Rights Protection 23
Act.— 24
(1) A meeting or portion of a meeting between an agency as 25

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defined in s. 119.011, or the chief administrative or executive 26
officer of an agency, and the agency's attorney during the 90-27
day notice period specified in s. 70.001(4) to discuss claims 28
submitted in accordance with that subsection is exempt from s. 29
286.011 and s. 24(b), Art. I of the State Constitution, provided 30
that: 31
(a) The agency's attorney shall advise the agency at a 32
public meeting that he or she desires advice concerning a claim 33
submitted in accordance with s. 70.001(4). 34
(b) The subject matter of the meeting must be confined to 35
settlement negotiations or strategy sessions relating to a claim 36
submitted in accordance with s. 70.001(4). 37
(c) The entire session must be recorded by a certified 38
court reporter. The reporter shall record the times of 39
commencement and termination of the session, all discussion and 40
proceedings, the names of all persons present at any time, and 41
the names of all persons speaking. No portion of the session may 42
be off the record. The court reporter's notes must be fully 43
transcribed and filed with the agency's clerk within a 44
reasonable time after the meeting. 45
(d) The agency shall give reasonable public notice of the 46
time and date of the attorney-client session and the names of 47
persons who will be attending the session. The session must 48
commence at an open meeting at which the persons chairing the 49
meeting shall announce the commencement and estimated length of 50

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the attorney-client session and the names of the persons 51
attending. At the conclusion of the attorney-client session, the 52
meeting must be reopened, and the person chairing the meeting 53
shall announce the termination of the session. 54
(e) The transcript must be made part of the public record 55
upon settlement of a claim under s. 70.001, or upon the 56
expiration of the statute of limitations for the claim arising 57
under this chapter in the event that no litigation is filed and 58
there is no settlement of a claim under s. 70.001. 59
(2) Transcripts, recordings, minutes, and records 60
generated during an exempt meeting or portion of such a meeting, 61
pursuant to subsection (1), are exempt from s. 119.07(1) and s. 62
24(a), Art. I of the State Constitution. 63
(3) This section is subject to the Open Government Sunset 64
Review Act in accordance with s. 119.15 and shall stand repealed 65
on October 2, 2031, unless reviewed and saved from repeal 66
through reenactment by the Legislature. 67
Section 2. (1) The Legislature finds that it is a public 68
necessity that meetings or portions of meetings between an 69
agency as defined in s. 119.011, Florida Statutes, or the chief 70
administrative or executive officer of an agency, and the 71
agency's attorney during the 90-day notice period specified in 72
s. 70.001(4), Florida Statutes, to discuss claims submitted in 73
accordance with that subsection be made exempt from s. 286.011, 74
Florida Statutes, and s. 24(b), Article I of the State 75

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Constitution, provided that certain conditions are met. When 76
those meetings are