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M E M O R A N D U M
TO: ALL FLORIDA PENSION CLIENTS
FROM: KLAUSNER, KAUFMAN, JENSEN & LEVINSON
RE: HOUSE BILL 265 (proposed)
DATE: January 30, 2019
______________________________________________________________________________
The purpose of this memo is to alert pension clients about proposed legislation, HB 265, that
would amend Florida’s Open Meetings Law and impose additional procedural requirements. As
summarized below, HB 265 should be monitored in the event that it becomes law. If adopted,
HB 265 would necessitate advance preparation by municipal pension boards.
The Florida Legislature begins this year’s legislative session on March 5, 2019. Boards are already
familiar with the requirements of Florida’s Open Meetings Law, set forth in § 286.011, Fla. Stat.
(hereinafter the “Open Meetings Law”). H.B. 265 amends the Open Meetings law to impose the
following additional requirements which may require adaptation by many boards:
1. Publication requirements: Boards would be required to publish their agenda and “any
materials or attachments to be distributed at the meeting” at least three days in advance of
a meeting.
2. Emergency meeting exception: Where an emergency meeting is called, at least 24 hours
advance notice must be provided.
3. Physical copies at meeting site: At least two copies of the agenda and any materials to be
distributed at the meeting must be made available for public inspection at the meeting
location.
4. Fine and fees: Because HB 265 proposes to insert these new requirements into the Open
Meetings Law, a violation would be punishable by a fine not exceeding $500. Moreover,
in the event of litigation alleging a knowing violation of the law, the prevailing party would
be entitled to reasonable attorney’s fees, including appellate level fees.
5. Public participation: At least three minutes shall be available for public participation for
each member of the public, as either the first or last item on the agenda. If there are more
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than twenty people who want to speak on an item, the time can be limited to one minute
per person. Groups can allow one individual to speak on behalf of the group.
6. Board response: The Board would be obligated to respond to any questions by members of
the public, either publicly at the meeting in writing following the meeting. The Board
would only have ten days to provide a written response. Written responses would become
incorporated into the minutes.
7. Public participation form: Boards would be required to create a public participation form
for members of the public requesting to speak at a meeting.
Undoubtedly, many boards will have implementation questions. Given the early date of this
memo and the lack of a staff report, it is premature to provide definitive answers at this time.
Nevertheless, boards are encouraged to review HB 265 to plan ahead and/or take other
appropriate action.
It should also be noted that similar proposals have been considered across Florida’s sixty-seven
counties. Accordingly, it is important for boards to be familiar not only with the Open Meetings
laws established by state statute, but also county and/or municipal requirements, as applicable.
A copy of SB 265 is available upon request or can be downloaded using the following link:
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=63159&SessionId=87