This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0413a.LFS
DATE: 2/7/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 413 Public Meetings and Workshops for Regional Advisory Committees
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, Altman
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 224
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
16 Y, 0 N, As CS Darden Darden
2) Ethics, Elections & Open Government
Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
The Florida Constitution requires all meetings of any collegial public body of the executive branch of state
government or 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, be open
and noticed to the public.
The Administration Commission is required to create uniform rules of procedure for state agencies to use when
conducting public meetings, hearings or workshops, including procedures for conducting meetings in person
and by means of communications media technology (CMT). Unless otherwise authorized by the Legislature,
these procedures for CMT apply only to state agencies and not to local boards or commissions. Currently, local
entities such as regional planning councils and certain entities created by an interlocal agreement are
authorized to conduct meetings and vote by means of CMT.
The bill provides that, notwithstanding any law to the contrary, a regional advisory committee created to
provide technical expertise and support to the National Estuary Program whose membership is composed of
representatives from four or more counties may conduct public meetings and workshops using CMT. An
advisory committee member who participates in the meeting or a workshop using CMT is considered present.
The CMT used for such a meeting must allow all persons attending to audibly communicate as if they were
physically present.
The bill requires the public notice of the meeting state whether it will be conducted using CMT, how an
interested person may participate, and the location of any facilities where CMT will be available.
The bill may have a positive fiscal impact on state and local governments. STORAGE NAME: h0413a.LFS PAGE: 2
DATE: 2/7/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Public Meetings
The Florida Constitution requires all meetings of any collegial public body of the executive branch of
state government or 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, be open and noticed to the public.
1
The Legislature, however, may provide by
general law an exemption
2
from public meeting requirements provided that the exemption passes by a
two-thirds vote of each chamber, states with specificity the public necessity justifying the exemption,
and is no broader than necessary to meet its public purpose.
3
Current law also addresses public policy regarding access to government meetings, further requiring all
meetings of any board or commission of any state agency or authority, or of any agency or authority of
any county, municipality, or political subdivision, at which official acts are to be taken to be open to the
public at all times, unless the meeting is exempt.
4
The board or commission must provide reasonable
notice of all public meetings.
5
Public meetings may not be held at any location that discriminates on the
basis of sex, age, race, creed, color, origin, or economic status or that operates in a manner that
unreasonably restricts the public’s access to the facility.
6
Minutes of a public meeting must be promptly
recorded and open to public inspection.
7
Failure to abide by public meeting requirements will invalidate
any resolution, rule, or formal action adopted at a meeting.
8
A public officer or member of a
governmental entity who violates public meeting requirements is subject to civil and criminal penalties.
9
Administrative Procedure Act
The Administrative Procedure Act (APA)
10
outlines a comprehensive administrative process by which
agencies exercise the authority granted by the Legislature while offering citizen involvement. The
process subjects state agencies to a uniform procedure in enacting rules and issuing orders and allows
citizens to challenge an agency’s decision.
11
For the purposes of these provisions, the term “agency” is defined as:
The Governor, each state officer and state department, and each departmental unit described in
s. 20.04, F.S.;
The Board of Governors of the State University System;
The Commission on Ethics;
The Fish and Wildlife Conservation Commission;
A regional water supply authority;
A regional planning agency;
1
Art. 1, s. 24(b), FLA. CONST.
2
A public meeting exemption means a provision of general law which provides that a specified meeting, or portion thereof, is not
subject to the access requirements of s. 286.011, F.S., or s. 24, Art. I of the Florida Constitution. See s. 119.011(8), F.S.
3
Art. I, s. 24(c), FLA. CONST.
4
S. 286.011(1), F.S.
5
Id.
6
S. 286.011(6), F.S.
7
S. 286.011(2), F.S.
8
S. 286.011(1), F.S.
9
S. 286.011(3), F.S.
10
See ch. 120, F.S.
11
Joint Administrative Procedures Committee, A Primer on Florida’s Administrative Procedure Act, available at
http://www.japc.state.fl.us/Documents/Publications/PocketGuideFloridaAPA.pdf (last visited Feb. 5, 2024). STORAGE NAME: h0413a.LFS PAGE: 3
DATE: 2/7/2024
A multicounty special district, if a majority of its governing board is comprised of non-elected
persons;
Educational units;
Each entity described in chs. 163 (intergovernmental programs), 373 (water resources), 380
(land and water management), and 582 (soil and water conservation), F.S., and s. 186.504
(regional planning councils), F.S.;
Each officer and governmental entity in the state having statewide jurisdiction or jurisdiction in
more than one county; and
Each officer and governmental entity in the state having jurisdiction in one county or less than
one county, to the extent they are expressly made subject to the act by general or special law or
existing judicial decisions.
12
The definition of “agency” expressly excludes municipalities, legal entities created solely be a
municipality, or a legal or administrative entity created by an interlocal agreement unless any party to
the agreement is otherwise defined as agency.
Use of Electronic Media and Public Meetings
Current law requires the Administration Commission
13
to create uniform rules of procedure for state
agencies to use when conducting public meetings, hearings or workshops, including procedures for
conducting meetings in person and by means of communications media technology (CMT).
14
Unless
otherwise authorized by the Legislature, these procedures for CMT apply only to state agencies and
not to local boards or commissions.
The Office of Attorney General has opined that only state agencies can conduct meetings and vote via
CMT, thus rejecting a school board’s request to conduct board meetings via electronic means.
15
The
Attorney General reasoned that s. 120.54(5)(b)2, F.S., limits its terms only to uniform rules that apply to
state agencies.
16
The Attorney General reasoned that a similar rationale is not applicable to local
boards and commissions even though it may be convenient and save money since the representation
on these boards and commissions are local thus, “such factors would not by themselves appear to
justify or allow the use of electronic media technology in order to assemble the members for a
meeting.”
17
Local entities authorized under current law to conduct meetings and vote by means of CMT include
regional planning councils (RPCs)
18
and certain entities created by an interlocal agreement.
19
National Estuary Program
12
S. 120.52(1), F.S.,
13
The Administration Commission is composed of the Governor and the Cabinet. S. 14.202, F.S.
14
S. 120.54(5)(b)2, F.S. The term “communications media technology” means the electronic transmission of printed matter, audio, full-
motion video, freeze-frame video, compressed video, and digital video by any method available.
15
Op. Att’y Gen. Fla. 98-28 (1998).
16
Id. The Attorney General explained that “allowing state agencies and their boards and commissions to conduct meetings via
communications media technology under specific guidelines recognizes the practicality of members from throughout the state
participating in meetings of the board or commission.”
17
Id. However, if a quorum of a local board is physically present at the public meeting, a board may allow a member who is unavailable
to physically attend the meeting due to extraordinary circumstances such as illness, to participate and vote at the meeting via
communications media technology. Op. Att’y Gen. Fla. 2002-82 (2002).
18
S. 120.525(4), F.S. Chapter 186, F.S., finds that RPCs are comprehensive planning districts of the state, designated as the primary
organization to address problems and plan solutions that are of greater-than-local concern or scope and recognized as Florida’s
multipurpose regional entities in a position to plan for and coordinate intergovernmental solutions to growth-related problems. By
statute, the state is divided into 10 RPC regions. Each county must be a member of their respective RPC and municipalities may be
members at their option.
19
See s. 163.01(18), F.S. (allowing public agencies located in at least five counties, of which at least three are not contiguous, to
conduct public meetings and workshops by means of communications media technology). STORAGE NAME: h0413a.LFS PAGE: 4
DATE: 2/7/2024
Estuaries are wetland watersheds where a river body of water meets the sea,
20
which are unique
ecosystems consisting of many animals that rely on them for food, breeding and migration.
21
The
United States Environmental Protection Agency (EPA) has established a non-regulatory program that
currently improves the waters, habitats and living resources of 28 estuaries across the country called
the National Estuary Program (NEP).
22
Each estuary program seeks to develop a long-term plan for
their watershed that involves community members in the decision making process.
23
As such, there are advisory committees relating to estuary partnerships across the state that advise on
policies related to NEP watersheds. These include the Indian River Lagoon National Estuary Program
24
and the Coastal and Heartland National Estuary Partnership.
25
NEP advisory committees provide input
about public policy concerns and ideas to their leadership.
26
These advisory meetings are open to the
public.
Effect of Proposed Changes
The bill provides that, notwithstanding any law to the contrary, a regional advisory committee created to
provide technical expertise and support to the National Estuary Program composed of representatives
from four or more counties may conduct public meetings and workshops using CMT. An advisory
committee member who participates in the meeting or a workshop using CMT is considered present.
The CMT used for such a meeting must allow all persons attending to audibly communicate as if they
were physically present.
The bill requires the public notice of the meeting state whether it will be conducted using CMT, how an
interested person may participate, and the location of any facilities where CMT will be available.
B. SECTION DIRECTORY:
Section 1: Amends s. 286.011, F.S., relating to public meetings and records.
Section 2: Provides an effective date of upon becoming a law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may reduce state government expenditures to the extent state agencies that participate in
regional advisory committees may save on travel time and costs by using communication media
technology.
20
National Oceanic and Atmospheric Administration, What is an Estuary?, https://oceanservice.noaa.gov/facts/estuary.html (last visited
Feb. 7, 2024)
21
Id.
22
United States Environmental Protection Agency, Overview of the National Estuary Program, https://www.epa.gov/nep/overview-
national-estuary-program (last visited Feb. 7, 2024.)
23
Id.
24
The Indian River Lagoon National Estuary Program is sponsored by Volusia County, Brevard County, St. Lucie County, Martin
County, Fla. Department of Environmental Protection, St. Johns Water Management District, South Florida Water Management District,
and the Indian River Lagoon Coalition to support the Indian River Lagoon estuary. See First Amended and Restated Indian River
Lagoon National Estuary Program Interlocal Agreement, available at https://onelagoon.org/wp-
content/uploads/irlnep_amended_interlocal_agreement_2015.pdf (last visited Feb. 5, 2024).
25
The Coastal and Heartland National Estuary Partnership is made up of representatives from a number of cities and counties as well
as members of the public. See Coastal & Heartland National Estuary Partnership, Governance, https://www.chnep.org/governance
(last visited Feb. 5, 2024).
26
See, e.g., Coastal & Heartland National Estuary Partnership, Citizen’s Advisory Committee, https://www.chnep.org/citizens-advisory-
committee (last visited Feb. 7, 2024). STORAGE NAME: h0413a.LFS PAGE: 5
DATE: 2/7/2024
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may reduce local government expenditures to the extent local governments that participate
in regional advisory committees may save on travel time and costs by using communication media
technology.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 7, 2024, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted
an amendment and reported the bill favorably as a committee substitute. The amendment limited the
provisions of the bill to regional advisory committees that were created to provide technical expertise and
support to the National Estuary Program.
This analysis is drafted to the committee substitute as passed by the Local Administration, Federal Affairs
& Special Districts Subcommittee.