HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-198r
Temp. Reso # 9077 —July 11, 2000
Page 1
CITY OF TAMARAC
RESOLUTION NO. R-2000- j R 2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, REQUESTING THE FLORIDA
LEAGUE OF CITIES, INC., TO CONSIDER A RESOLUTION
TO LOBBY THE STATE LEGISLATURE TO AMEND
CHAPTER 286 "PUBLIC BUSINESS: MISCELLANEOUS
PROVISIONS", SECTION 286.011 "PUBLIC MEETINGS AND
RECORDS; PUBLIC INSPECTION; CRIMINAL AND CIVIL
PENALTIES", FLORIDA STATUTES, SO THAT PUBLIC
MEETING REQUIREMENTS FOR MUNICIPAL OFFICIALS
ARE CONSISTENT WITH THE REQUIREMENTS FOR STATE
LEGISLATORS OUTLINED IN ARTICLE I "DECLARATION OF
RIGHTS", SECTION 24 "ACCESS TO PUBLIC RECORDS
AND MEETINGS", AND ARTICLE III "LEGISLATURE",
SECTION 4 "QUORUM AND PROCEDURE" OF THE
FLORIDA CONSTITUTION; DIRECTING THE CITY CLERK
TO SEND A COPY OF THIS RESOLUTION TO THE FLORIDA
LEAGUE OF CITIES, INC. FOR CONSIDERATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida League of Cities, Inc. (League) is an organization that
represents the interests of local governments to the State of Florida Legislature; and
WHEREAS, membership in the League is limited to municipal governments; and
WHEREAS, the City of Tamarac is a member of the League; and
WHEREAS, the League considers resolutions regarding the operations of the
League, how the organization lobbies the State of Florida Legislature on behalf of its
members and any State legislative matters; and
WHEREAS, the City Commission has expressed interest in legislation to amend
Chapter 2B6 "Public Business: Miscellaneous Provisions", Section 286.011 "Public
meetings and records; public inspection; criminal and civil penalties", Florida Statutes,
(attached hereto as Exhibit 1) so that public meeting requirements for municipal officials are
Temp. Reso # 9077 — July 11, 2000
Page 2
consistent with the requirements tor State Legislators outlined in Article I "Declaration of
Rights", Section 24 "Access to public records and meetings" (attached hereto as Exhibit 2),
and Article III "Legislature", Section 4 "Quorum and procedure" (attached hereto as Exhibit
3), of the Florida Constitution, so as to more efficiently conduct the business of the City of
Tamarac; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to request the League
to consider a resolution to lobby the State Legislature for legislation to amend Chapter 286
"Public Business: Miscellaneous Provisions", Section 286.011 "Public meetings and
records; public inspection; criminal and civil penalties", Florida Statutes, so that public
meeting requirements for municipal officials are consistent with the requirements for State
Legislators outlined in Article I "Declaration of Rights", Section 24 "Access to public records
and meetings", and Article III "Legislature", Section 4 "Quorum and procedure", of the
Florida Constitution, so as to more efficiently conduct the business of the City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
Section 1: The foregoing "WHEREAS' clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution.
Section 2: The City Commission of the City of Tamarac requests the Florida
League of Cities, Inc. to consider a resolution to lobby the State Legislature for legislation to
amend Chapter 286 "Public Business: Miscellaneous Provisions", Section 286.011 "Public
meetings and records; public inspection; criminal and civil penalties", Florida Statutes,
(attached hereto as Exhibit 1) so that public meeting requirements for municipal officials are
consistent with the requirements for State Legislators outlined in Article I "Declaration of
I
1
1
Temp. Reso # 9077 — July 11, 2000
Page 3
Rights", Section 24 "Access to p :.,lic records and meetings" (attached hereto as Exhibit 2),
and Article III "Legislature", Section 4 "Quorum and procedure" (attached hereto as Exhibit
3), of the Florida Constitution, so as to more efficiently conduct the business of the City of
Tamarac.
Section 3: The City Clerk is directed to send a copy of this resolution to the
League's Criminal Justice, Ethics and Personnel Policy Committee for consideration.
Section 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Section 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this 71-`day of , 2000.
MITCHELL S. KRAFT
CITY ATTORNEY
P"
JOE SCHREIBER, MAYOR
RECORD OF COMMISSIOAVTIE
MAYOR SCHREIBER -- :1
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST 9: COMM. SULTANOF...,
DIST 4: VIM ROBERTS .,..
The Florida Statutes
Page 1 of 12
Temp. Reso. # 9077
Exhibit 1
The 1999 Florida Statutes
View Statutes Order Statutes Online Sunshine Print View
Title XIX Ch_a.pter 286
PUBLIC Public Business: Miscellaneous View Entire
BUSINESS Provisions Chapter
CHAPTER 286
PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS
286.001 Reports statutorily required; filing, maintenance, retrieval, and
provision of copies.
286.0105 Notices of meetings and hearings must advise that a record is required
to appeal.
286.011 Public meetings and records; public inspection; criminal and civil
penalties.
286.0111 Legislative review of certain exemptions from requirements for public
meetings and recordkeeping by governmental entities.
286.0115 Access to local public officials; quasi-judicial proceedings on local
government land use matters.
286.012 Voting requirement at meetings of governmental bodies.
286.021 Department of State to hold title to patents, trademarks, copyrights,
etc.
286.031 Authority of Department of State in connection with patents,
trademarks, copyrights, etc.
286.035 Constitution Revision Commission; powers of chair; assistance by state
and local agencies.
286.036 Taxation and Budget Reform Commission; powers.
286.041 Prohibited requirements of bidders on contracts for public works relative
to income tax returns.
286.043 Limitation on use of funds for discriminatory contract or bid
specifications relating to car rental concessions at airports.
286.23 Real property conveyed to public agency; disclosure of beneficial
— interests; notice; exemptions.
286.25 Publication or statement of state sponsorship.
286.26 Accessibility of public meetings to the physically handicapped.
286.27 Use of state funds for greeting cards prohibited.
http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/index.cf n.../ch0286.ht 7/10/00
The Florida Statutes
Page 2 of 12
286.30 Commission on Government Accountability to the People.
286.001 Reports statutorily required; filing, maintenance, retrieval, and
provision of copies.--
(1) Unless otherwise specifically provided by law, any agency or officer of the
executive, legislative, or judicial branches of state government, the State Board
of Community Colleges, the Board of Regents, or the Public Service Commission
required or authorized by law to make reports regularly or periodically shall fulfill
such requirement by filing an abstract of the report with the statutorily or
administratively designated recipients of the report and an abstract and one copy
of the report with the Division of Library and Information Services of the
Department of State, unless the head of the reporting entity makes a
determination that the additional cost of providing the entire report to the
statutorily or administratively designated recipients is justified. A one -page
summary justifying the determination shall be submitted to the chairs of the
governmental operations committees of both houses of the Legislature. The
abstract of the contents of such report shall be no more than one-half page in
length. The actual report shall be retained by the reporting agency or officer, and
copies of the report shall be provided to interested parties and the statutorily or
administratively designated recipients of the report upon request.
(2) With respect to reports statutorily required of agencies or officers within the
executive, legislative, or judicial branches of state government, the State Board
of Community Colleges, the Board of Regents, or the Public Service Commission,
it is the duty of the division, in addition to its duties under s. 257.05, to:
(a) Regularly compile and update bibliographic information on such reports for
distribution as provided in paragraph (b). Such bibliographic information may be
included in the bibliographies prepared by the division pursuant to s. 257.05(3)
(c).
(b) Provide for at least quarterly distribution of bibliographic information on
reports to:
1. Agencies and officers within the executive, legislative, and judicial branches of
state government, the State Board of Community Colleges, the Board of Regents,
and the Public Service Commission, free of charge; and
2. Other interested parties upon request properly made and upon payment of
the actual cost of duplication pursuant to s. 119.07(1).
(3) As soon as practicable, the administrative head of each executive,
legislative, or judicial agency and each agency of the State Board of Community
Colleges, the Board of Regents, and the Public Service Commission required by
law to make reports periodically shall ensure that those reports are created,
stored, managed, updated, retrieved, and disseminated through electronic
means.
(4) Nothing in this section shall be construed to waive or modify the requirement
in s. 257.05(2) pertaining to the provision of copies of public documents to the
division.
History.--ss. 26, 28, 29, ch. 84-254; s. 12, ch. 92-98; S. 104, ch. 92-142; s. 29, ch. 95-196.
http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/index.cf n.../ch0286.ht 7/10/00
The Florida Statutes
Page 3of12
286.0105 Notices of meetings and hearings must advise that a record is
required to appeal. --Each board, commission, or agency of this state or of any
political subdivision thereof shall include in the notice of any meeting or hearing,
if notice of the meeting or hearing is required, of such board, commission, or
agency, conspicuously on such notice, the advice that, if a person decides to
appeal any decision made by the board, agency, or commission with respect to
any matter considered at such meeting or hearing, he or she will need a record of
the proceedings, and that, for such purpose, he or she may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. The requirements of this
section do not apply to the notice provided in s. 200.065(3).
History.--s. 1, ch. 80-150; s. 14, ch. 88-216; s. 209, ch. 95-148.
286.011 Public meetings and records; public inspection; criminal and
civil penalties.--
(1) All meetings of any board or commission of any state agency or authority or
of any agency or authority of any county, municipal corporation, or political
subdivision, except as otherwise provided in the Constitution, at which official
acts are to be taken are declared to be public meetings open to the public at all
times, and no resolution, rule, or formal action shall be considered binding except
as taken or made at such meeting. The board or commission must provide
reasonable notice of all such meetings.
(2) The minutes of a meeting of any such board or commission of any such state
agency or authority shall be promptly recorded, and such records shall be open
to public inspection. The circuit courts of this state shall have jurisdiction to issue
injunctions to enforce the purposes of this section upon application by any citizen
of this state.
(3)(a) Any public officer who violates any provision of this section is guilty of a
noncriminal infraction, punishable by fine not exceeding $500.
(b) Any person who is a member of a board or commission or of any state
agency or authority of any county, municipal corporation, or political subdivision
who knowingly violates the provisions of this section by attending a meeting not
held in accordance with the provisions hereof is guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Conduct which occurs outside the state which would constitute a knowing
violation of this section is a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
(4) Whenever an action has been filed against any board or commission of any
state agency or authority or any agency or authority of any county, municipal
corporation, or political subdivision to enforce the provisions of this section or to
invalidate the actions of any such board, commission, agency, or authority, which
action was taken in violation of this section, and the court determines that the
defendant or defendants to such action acted in violation of this section, the
court shall assess a reasonable attorney's fee against such agency, and may
assess a reasonable attorney's fee against the individual filing such an action if
the court finds it was filed in bad faith or was frivolous. Any fees so assessed may
be assessed against the individual member or members of such board or
commission; provided, that in any case where the board or commission seeks the
http://www.leg.state.fl.us/eitizen/docutnents/statutes/StatuteBrowser99/index.cfm.../ch0286.ht 7/10/00
The Florida Statutes
Page 4 of 12
advice of its attorney and such advice is followed, no such fees shall be assessed
against the individual member or members of the board or commission. However,
this subsection shall not apply to a state attorney or his or her duly authorized
assistants or any officer charged with enforcing the provisions of this section.
(5) Whenever any board or commission of any state agency or authority or any
agency or authority of any county, municipal corporation, or political subdivision
appeals any court order which has found said board, commission, agency, or
authority to have violated this section, and such order is affirmed, the court shall
assess a reasonable attorney's fee for the appeal against such board,
commission, agency, or authority. Any fees so assessed may be assessed against
the individual member or members of such board or commission; provided, that
in any case where the board or commission seeks the advice of its attorney and
such advice is followed, no such fees shall be assessed against the individual
member or members of the board or commission.
(6) All persons subject to subsection (1) are prohibited from holding meetings at
any facility or location which discriminates on the basis of sex, age, race, creed,
color, origin, or economic status or which operates in such a manner as to
unreasonably restrict public access to such a facility.
(7) Whenever any member of any board or commission of any state agency or
authority or any agency or authority of any county, municipal corporation, or
political subdivision is charged with a violation of this section and is subsequently
acquitted, the board or commission is authorized to reimburse said member for
any portion of his or her reasonable attorney's fees.
(8) 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, may meet in private with the
entity's attorney to discuss pending litigation to which the entity is presently a
party before a court or administrative agency, provided that the following
conditions are met:
(a) The entity's attorney shall advise the entity at a public meeting that he or
she desires advice concerning the litigation.
(b) The subject matter of the meeting shall be confined to settlement
negotiations or strategy sessions related to litigation expenditures.
(c) The entire session shall be recorded by a certified court reporter. The
reporter shall record the times of commencement and termination of the session,
all discussion and proceedings, the names of all persons present at any time, and
the names of all persons speaking. No portion of the session shall be off the
record. The court reporter's notes shall be fully transcribed and filed with the
entity's clerk within a reasonable time after the meeting.
(d) The entity 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 shall commence at an open meeting at which the persons
chairing the meeting shall announce the commencement and estimated length of
the attorney -client session and the names of the persons attending. At the
conclusion of the attorney -client session, the meeting shall be reopened, and the
person chairing the meeting shall announce the termination of the session.
http://www.leg.state.fl.uslcitizenldocumentslstatutes/StatuteBrowser991index.cfm.../ch0286.ht 7/10/00
The Florida Statutes
Page 5 of 12
(e) The transcript shall be made part of the public record upon conclusion of the
litigation.
History.--s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch, 85-301; S. 33, ch. 91-224; S. 1,
ch. 93-232; s. 210, ch, 95-148; s. 1, ch. 95-353.
286.0111 legislative review of certain exemptions from requirements
for public meetings and recordkeeping by governmental entities. --The
provisions of s. 119.15, the Open Government Sunset Review Act of 1995, apply
to the provisions of law which provide exemptions to s. 286.011, as provided in
s. 119.15.
History.--s. 9, ch. 84-298; s. 2, ch. 85-301; s. 3, ch. 95-217.
286.0115 Access to local public officials; quasi-judicial proceedings on
local government land use matters.--
(1)(a) A county or municipality may adopt an ordinance or resolution removing
the presumption of prejudice from ex parte communications with local public
officials by establishing a process to disclose ex parte communications with such
officials pursuant to this subsection or by adopting an alternative process for
such disclosure. However, this subsection does not require a county or
municipality to adopt any ordinance or resolution establishing a disclosure
process.
(b) As used in this subsection, the term "local public official" means any elected
or appointed public official holding a county or municipal office who recommends
or takes quasi-judicial action as a member of a board or commission. The term
does not include a member of the board or commission of any state agency or
authority.
(c) Any person not otherwise prohibited by statute, charter provision, or
ordinance may discuss with any local public official the merits of any matter on
which action may be taken by any board or commission on which the local public
official is a member. If adopted by county or municipal ordinance or resolution,
adherence to the following procedures shall remove the presumption of prejudice
arising from ex parte communications with local public officials.
1. The substance of any ex parte communication with a local public official which
relates to quasi-judicial action pending before the official is not presumed
prejudicial to the action if the subject of the communication and the identity of
the person, group, or entity with whom the communication took place is
disclosed and made a part of the record before final action on the matter.
2. A local public official may read a written communication from any person.
However, a written communication that relates to quasi-judicial action pending
before a local public official shall not be presumed prejudicial to the action, and
such written communication shall be made a part of the record before final action
on the matter.
3. Local public officials may conduct investigations and site visits and may
receive expert opinions regarding quasi-judicial action pending before them.
Such activities shall not be presumed prejudicial to the action if the existence of
the investigation, site visit, or expert opinion is made a part of the record before
http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/index.cfm.../ch0286.ht 7/10/00
The Florida Statutes
final action on the matter.
Page 6 of 12
4. Disclosure made pursuant to subparagraphs 1., 2., and 3. must be made
before or during the public meeting at which a vote is taken on such matters, so
that persons who have opinions contrary to those expressed in the ex parte
communication are given a reasonable opportunity to refute or respond to the
communication. "'rhis subsection does not subject local public officials to part III
of chapter 112 for not complying with this paragraph.
(2)(a) Notwithstanding the provisions of subsection (1), a county or municipality
may adopt an ordinance or resolution establishing the procedures and provisions
of this subsection for quasi-judicial proceedings on local government land use
matters. The ordinance or resolution shall provide procedures and provisions
identical to this subsection. However, this subsection does not require a county
or municipality to adopt such an ordinance or resolution.
(b) In a quasi-judicial proceeding on local government land use matters, a
person who appears before the decisionmaking body who is not a party or party -
intervenor shall be allowed to testify before the decisionmaking body, subject to
control by the decisionmaking body, and may be requested to respond to
questions from the decisionmaking body, but need not be sworn as a witness, is
not required to be subject to cross-examination, and is not required to be
qualified as an expert witness. The decisionmaking body shall assign weight and
credibility to such testimony as it deems appropriate. A party or party -intervenor
in a quasi-judicial proceeding on local government land use matters, upon
request by another party or party -intervenor, shall be sworn as a witness, shall
be subject to cross-examination by other parties or party -intervenors, and shall
be required to be qualified as an expert witness, as appropriate.
(c) In a quasi-judicial proceeding on local government land use matters, a
person may not be precluded from communicating directly with a member of the
decisionmaking body by application of ex parte communication prohibitions.
Disclosure of such communications by a member of the decisionmaking body is
not required, and such nondisclosure shall not be presumed prejudicial to the
decision of the decisionmaking body. All decisions of the decisionmaking body in
a quasi-judicial proceeding on local government land use matters must be
supported by substantial, competent evidence in the record pertinent to the
proceeding, irrespective of such communications.
(3) This section does not restrict the authority of any board or commission to
establish rules or procedures governing public hearings or contacts with local
public officials.
History.--s. 1, ch. 95-352; s. 31, ch. 96-324.
286.012 Voting requirement at meetings of governmental bodies. --No
member of any state, county, or municipal governmental board, commission, or
agency who is present at any meeting of any such body at which an official
decision, ruling, or other official act is to be taken or adopted may abstain from
voting in regard to any such decision, ruling, or act; and a vote shall be recorded
or counted for each such member present, except when, with respect to any such
member, there is, or appears to be, a possible conflict of interest under the
provisions of s. 112.311, s. 112.313, or s. 112.3143. In such cases, said member
shall comply with the disclosure requirements of s. 112.3143.
History.--s. 1, ch. 72-311; s. 9, ch. 75-208; S. 2, ch. 84-357; s. 13, ch. 94-277.
http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/index.cfm.../ch0286.ht 7/10/00
The Florida Statutes
Page 7 of 12
286.021 Department of State to hold title to patents, trademarks,
copyrights, etc. --The legal title and every right, interest, claim or demand of
any kind in and to any patent, trademark or copyright, or application for the
same, now owned or held, or as may hereafter be acquired, owned and held by
the state, or any of its boards, commissions or agencies, is hereby granted to and
vested in the Department of State for the use and benefit of the state; and no
person, firm or corporation shall be entitled to use the same without the written
consent of said Department of State.
History.--s. 1, ch. 21959, 1943; ss. 22, 35, ch. 69-106; s. 2, ch. 70-440; s. 15, ch. 79-65.
Note. --Former s. 272.01.
286.031 Authority of Department of State in connection with patents,
trademarks, copyrights, etc. --The Department of State is authorized to do and
perform any and all things necessary to secure letters patent, copyright and
trademark on any invention or otherwise, and to enforce the rights of the state
therein; to license, lease, assign, or otherwise give written consent to any
person, firm or corporation for the manufacture or use thereof, on a royalty
basis, or for such other consideration as said department shall deem proper; to
take any and all action necessary, including legal actions, to protect the same
against improper or unlawful use or infringement, and to enforce the collection of
any sums due the state and said department for the manufacture or use thereof
by any other party; to sell any of the same and to execute any and all
instruments on behalf of the state necessary to consummate any such sale; and
to do any and all other acts necessary and proper for the execution of powers
and duties herein conferred upon said department for the benefit of the state.
History.-s. 2, ch. 21959, 1943; ss. 22, 35, ch. 69-106; s. 2, ch. 70-440; s. 16, ch. 79-65.
Note. --Former s. 272.02.
286.035 Constitution Revision Commission; powers of chair; assistance
by state and local agencies.--
(1) The chair of the Constitution Revision Commission, appointed pursuant to s.
2, Art. XI of the State Constitution, is authorized to employ personnel and to
incur expenses related to the official operation of the commission or its
committees, to sign vouchers, and to otherwise expend funds appropriated to the
commission for carrying out its official duties.
(2) All state and local agencies are hereby authorized and directed to assist, in
any manner necessary, the Constitution Revision Commission established
pursuant to S. 2, Art. XI of the State Constitution upon its request or the request
of its chair.
History.--s. 1, ch. 77-201; s. 211, ch. 95-148.
286.036 Taxation and Budget Reform Commission; powers.--
(1) The Taxation and Budget Reform Commission appointed pursuant to s. 6,
Art. XI of the State Constitution, is authorized to employ personnel and to incur
expenses related to the official operation of the commission or its committees,
and to expend funds appropriated to the commission for carrying out its official
http://www.leg.state.fl.us/eitizen/documents/statutes/StatuteBrowser99/index.cftn.../ch0286.ht 7/10/00
The Florida Statutes
Page 8 of 12
duties. Commission members and staff are entitled to per diem and
reimbursement of travel expenses incurred in carrying out their duties, as
provided in s. 112.061.
(2) All state and regional agencies and governments are authorized and directed
to assist, in any manner necessary, the Taxation and Budget Reform Commission
upon its request.
(3) All local governments are authorized to assist the Taxation and Budget
Reform Commission in any manner necessary. Municipal and county
governments are encouraged to cooperate with the commission, examine their
taxation and budgetary policies, and submit recommendations to the commission
in the form and manner prescribed by the commission.
(4) Each Taxation and Budget Reform Commission established pursuant to s. 6,
Art. XI of the State Constitution and this section may not act or operate later
than June 30 of the third year following the year in which the commission is
required to be established.
(5) The Taxation and Budget Reform Commission is assigned, for administrative
purposes, to the Board of Regents. The Board of Regents is directed to expedite,
where possible, the business of the commission consistent with prudent financial
and management practices.
(6) The Legislative Auditing Committee may at any time, without regard to
whether the Legislature is then in session or out of session, take under
consideration any matter within the scope of the duties of the Taxation and
Budget Reform Commission, and in connection therewith may exercise the
powers of subpoena by law vested in a standing committee of the Legislature.
History.--s. 12, ch. 90-203.
286.041 Prohibited requirements of bidders on contracts for public
works relative to income tax returns.--
(1) The state or any of its departments, agencies, bureaus, commissions, and
officers and the counties, consolidated governments, municipalities, school
districts, special districts, and other public bodies of this state, and the
departments, agencies, bureaus, commissions, and officers thereof, shall not
require, directly or indirectly, an audit or inspection of any federal or state
income tax returns of any company, corporation, or person as a prior condition
before entering into contracts with said company, corporation, or person to
construct any public work or to supply any materials, labor, equipment or
services, or any combination thereof.
(2) Any person who violates the provisions of this section is guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.083, except
— that the fine shall not be less than $100.
History.--s. 1, ch. 72-130.
286.043 Limitation on use of funds for discriminatory contract or bid
specifications relating to car rental concessions at airports. --No public
funds shall be used by a unit of local government for the purpose of promulgating
contract or bid specifications relating to car rental concessions at airports which
http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/index.cfm.../ch0286.ht 7/10/00
The Florida Statutes
Page 9 of 12
would preclude a corporation authorized to do business in this state from
submitting bids or entering into such contracts with such unit of local
government. Nothing in this section shall prevent the local government from
providing in such specifications a minimum annual guarantee of revenue to be
paid to such unit of local government.
History.--s. 4, ch. 79-119.
286.23 Real property conveyed to public agency; disclosure of beneficial
interests; notice; exemptions.--
(1) Any person or entity holding real property in the form of a partnership,
limited partnership, corporation, trust, or any form of representative capacity
whatsoever for others, except as otherwise provided in this section, shall, before
entering into any contract whereby such real property held in representative
capacity is sold, leased, taken by eminent domain, or otherwise conveyed to the
state or any local governmental unit, or an agency of either, make a public
disclosure in writing, under oath and subject to the penalties prescribed for
perjury, which shall state his or her name and address and the name and address
of every person having a beneficial interest in the real property, however small or
minimal. This written disclosure shall be made to the chief officer, or to his or her
officially designated representative, of the state, local governmental unit, or
agency of either, with which the transaction is made at least 10 days prior to the
time of closing or, in the case of an eminent domain taking, within 48 hours after
the time when the required sum is deposited in the registry of the court. Notice
of the deposit shall be made to the person or entity by registered or certified mail
before the 48-hour period begins.
(2) The state or local governmental unit, or an agency of either, shall send
written notice by registered mail to the person required to make disclosures
under this section, prior to the time when such disclosures are required to be
made, which written request shall also inform the person required to make such
disclosure that such disclosure must be made under oath, subject to the
penalties prescribed for perjury.
(3)(a) The beneficial interest in any entity registered with the Federal Securities
Exchange Commission or registered pursuant to chapter 517, whose interest is
for sale to the general public, is hereby exempt from the provisions of this
section. When disclosure of persons having beneficial interests in nonpublic
entities is required, the entity or person shall not be required by the provisions of
this section to disclose persons or entities holding less than 5 percent of the
beneficial interest in the disclosing entity.
(b) In the case of an eminent domain taking, any entity or person other than a
public officer or public employee, holding real property in the form of a trust
which was created more than 3 years prior to the deposit of the required sum in
the registry of the court, is hereby exempt from the provisions of this section.
However, in order to qualify for the exemption set forth in this section, the
trustee of such trust shall be required to certify within 48 hours after such
deposit, under penalty of perjury, that no public officer or public employee has
any beneficial interest whatsoever in such trust. Disclosure of any changes in the
trust instrument or of persons having beneficial interest in the trust shall be
made if such changes occurred during the 3 years prior to the deposit of said
sum in the registry of the court.
(4) This section shall be liberally construed to accomplish the purpose of
http://www.leg.state.fl.uslcitizenldocumentslstatutes/StatuteBrowser991index.cfm.../ch0286.ht 7/10/00
The Florida Statutes
Page 10 of 12
requiring the identification of the actual parties benefiting from any transaction
with a governmental unit or agency involving the procurement of the ownership
or use of property by such governmental unit or agency.
History.--ss. 1, 2, 3, 4, 5, ch. 74-174; s. 1, ch. 77-174; s. 72, ch. 86-186; s. 7, ch. 91-56; s. 212, ch. 95-
148.
286.25 Publication or statement of state sponsorship. --Any
nongovernmental organization which sponsors a program financed partially by
state funds or funds obtained from a state agency shall, in publicizing,
advertising, or describing the sponsorship of the program, state: "Sponsored by
(narng o A. gmiz ionj and the State of Florida." If the sponsorship reference is in
written material, the words "State of Florida" shall appear in the same size letters
or type as the name of the organization.
History.--s. 1, ch. 77-224.
286.26 Accessibility of public meetings to the physically handicapped.--
(1) Whenever any board or commission of any state agency or authority, or of
any agency or authority of any county, municipal corporation, or other political
subdivision, which has scheduled a meeting at which official acts are to be taken
receives, at least 48 hours prior to the meeting, a written request by a physically
handicapped person to attend the meeting, directed to the chairperson or director
of such board, commission, agency, or authority, such chairperson or director
shall provide a manner by which such person may attend the meeting at its
scheduled site or reschedule the meeting to a site which would be accessible to
such person.
(2) If an affected handicapped person objects in the written request, nothing
contained in the provisions of this section shall be construed or interpreted to
permit the use of human physical assistance to the physically handicapped in lieu
of the construction or use of ramps or other mechanical devices in order to
comply with the provisions of this section.
History.--s. 1, ch. 77-277, s. 1, ch. 79-170; s. 116, ch. 79-400; s. 1, ch. 81-268.
286.27 Use of state funds for greeting cards prohibited. --No state funds
shall be expended for the purchase, preparation, printing, or mailing of any card
the sole purpose of which is to convey holiday greetings.
History.--s. 1, ch. 92-21.
286.30 Commission on Government Accountability to the People.--
(1) There is created the Commission on Government Accountability to the
People.
(2) The commission shall consist of 15 members appointed by the Governor,
subject to confirmation by the Senate, with 9 members from the private sector
and 6 members from the public sector. The members shall serve 4-year terms. Of
the initial appointees, terms shall be staggered as follows: three members shall
hold 1-year terms; four members shall hold 2-year terms; four members shall
hold 3-year terms; and four members shall hold 4-year terms. The Governor
shall fill all vacancies. Upon the request of the chair of the commission or upon
http://www.leg.state.fl.uslcitizenldocumentslstatutes/StatuteBrowser991index.cfm.../ch0286.ht 7/10/00
The Florida Statutes
Page 11 of 12
his or her own initiative, the Governor may replace members who are absent
from two commission meetings within any calendar year.
(3) The Governor shall appoint the initial chair. Subsequent chairs shall be
elected by a majority vote of the commission, shall serve 1-year terms, and shall
be eligible for reelection. The commission shall elect the vice c;7air from its
membership.
(4) The commission shall hold a minimum of four regular meetings during the
calendar year. Additional meetings may be called by the chair, or upon written
request of a majority of the members of the commission. All meetings of the
commission are public in accordance with the provisions of s. 286.011.
(5) The commission may establish such committees as it deems necessary to
execute its powers and duties.
(6) Members of the commission shall not receive compensation for their service;
however, they shall be entitled to per diem and travel expenses pursuant to s.
112.061. Public sector members shall perform their commission duties in addition
to fulfilling their regular public duties.
(7) The commission shall be assigned to the Department of Management
Services for administrative and fiscal accountability purposes, and the
Department of Management Services shall provide administrative support and
services to the commission; otherwise, the commission shall function
independently of the control and direction of the Department of Management
Services.
(8) The commission shall, by majority vote, employ and set the compensation of
an executive director, who shall serve at the pleasure of the commission.
(9) The commission may adopt and enforce reasonable procedures necessary to
facilitate the studies and reviews it is authorized to perform.
(10) The commission shall track the impact of state agency actions upon the
well-being of Florida citizens by:
(a) Serving as a citizen board to review state agency performance, using agency
strategic plans, reports from the Auditor General, the Executive Office of the
Governor, and state agency internal auditors and inspectors general, and other
sources as needed.
(b) Holding public hearings to allow state agencies which are operating under a
performance -based program budget pursuant to s. 216.0172 the opportunity to
explain factors which contributed to their success or failure in meeting
performance measures.
(c) Receiving testimony from the public as to state agency performance.
(d) Assessing the progress of state agencies in meeting their missions, goals,
and objectives.
(e) Making recommendations which could enhance the productivity of agencies,
encourage continued agency improvement, ensure achievement of adopted
http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/index.cfm.../ch0286.ht 7/10/00
The Florida Statutes
Page 12 of 12
performance standards, and assist state government in improving the efficiency
and effectiveness of the services and products it provides.
(f) Preparing and submitting, by July 1 of each year, a report to the Governor
and Cabinet, the President of the Senate, the Speaker of the House of
Representatives, and the Office of Program Policy Analysis and Government
Accountability a report summarizing the activities and findings of all assessments
made by the commission.
State agencies shall cooperate with the commission and shall provide data and
information available to enable the commission to perform its functions. The
Executive Office of the Governor and the Auditor General may provide assistance,
within available resources, to the commission as necessary.
History.--s. 19, ch. 94-249; s. 2, ch. 97-79.
Note. --Former s. 14.30.
http://www.leg.state.fl.us/citizen/documents/statutes/StatuteBrowser99/index.cfm.../ch0286.ht 7/10/00
FLORIDA CONSTITUTION Page I of 1
kt,c.l_ � o1RC'.10.+'0.ilo.ti �4 k(c�r�I; Temp. Reso. # 9077
SECTION 24. Access to public records and meetings.-- Exhibit 2
(a) Every person has the right to inspect or copy any public record made or received in
connection with the official business of any public body, officer, or employee of the state, or
persons acting on their behalf, except with respect to records exempted pursuant to this section
or specifically made confidential by this Constitution. This section specifically includes the
legislative, executive, and judicial branches of government and each agency or department
created thereunder; counties, municipalities, and districts; and each constitutional officer,
board, and commission, or entity created pursuant to law or this Constitution.
(b) All meetings of any collegial public body of the executive branch of state government or
of any collegial public body of a county, municipality, school district, or special district, at
which official acts are to be taken or at which public business of such body is to be transacted
or discussed, shall be open and noticed to the public and meetings of the legislature shall be
open and noticed as provided in Article III, Section 4(e), except with respect to meetings
exempted pursuant to this section or specifically closed by this Constitution.
(c) This section shall be self-executing. The legislature, however, may provide by general
law for the exemption of records from the requirements of subsection (a) and the exemption of
meetings from the requirements of subsection (b), provided that such law shall state with
specificity the public necessity justifying the exemption and shall be no broader than necessary
to accomplish the stated purpose of the law. The legislature shall enact laws governing the
enforcement of this section, including the maintenance, control, destruction, disposal, and
disposition of records made public by this section, except that each house of the legislature
may adopt rules governing the enforcement of this section in relation to records of the
legislative branch. Laws enacted pursuant to this subsection shall contain only exemptions
from the requirements of subsections (a) or (b) and provisions governing the enforcement of
this section, and shall relate to one subject.
(d) All laws that are in effect on July 1, 1993 that limit public access to records or meetings
shall remain in force, and such laws apply to records of the legislative and judicial branches,
until they are repealed. Rules of court that are in effect on the date of adoption of this section
that limit access to records shall remain in effect until they are repealed.
History. --Added, C.S. for C.S. for RJ.R.'s 1727, 863, 2035, 1992; adopted 1992.
http://www.leg.state.fl.us/citizen/documents/constitution/1998/const98.htm 7/10/00
FLORIDA CONSTITUTION Page 1 of 1
Ar%qE 1n- L.ecc� sia.tone Temp. Resa. # 9077
SECTION 4. Quordin and procedure.-- Exhibit 3
(a) A majority of the membership of each house shall constitute a quorum, but a smaller
number may adjourn from day to day and compel the presence of absent members in such
manner and under such penalties as it may prescribe. Each house shall determine its rules of
procedure.
(b) Sessions of each house shall be public; except sessions of the senate when considering
appointment to or removal from public office may be closed.
(c) Each house shall keep and publish a journal of its proceedings; and upon the request of
five members present, the vote of each member voting on any question shall be entered on the
journal. In any legislative committee or subcommittee, the vote of each member voting on the
final passage of any legislation pending before the committee, and upon the request of any two
members of the committee or subcommittee, the vote of each member on any other question,
shall be recorded.
(d) Each house may punish a member for contempt or disorderly conduct and, by a two-
thirds vote of its membership, may expel a member.
(e) The rules of procedure of each house shall provide that all legislative committee and
subcommittee meetings of each house, and joint conference committee meetings, shall be open
and noticed to the public. The rules of procedure of each house shall further provide that all
prearranged gatherings, between more than two members of the legislature, or between the
governor, the president of the senate, or the speaker of the house of representatives, the purpose
of which is to agree upon formal legislative action that will be taken at a subsequent time, or at
which formal legislative action is taken, regarding pending legislation or amendments, shall be
reasonably open to the public. All open meetings shall be subject to order and decorum. This
section shall be implemented and defined by the rules of each house, and such rules shall
control admission to the floor of each legislative chamber and may, where reasonably
necessary for security purposes or to protect a witness appearing before a committee, provide
for the closure of committee meetings. Each house shall be the sole judge for the interpretation,
implementation, and enforcement of this section.
History. --Am. S.J.R.'s 1990, 2, 1990; adopted 1990.
http://www.leg.state.fl.us/citizen/documents/constitution/1998/const98.htm 7/10/00