The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability
BILL: CS/SB 894
INTRODUCER: Governmental Oversight and Accountability Committee and Senators Bradley and
Yarborough
SUBJECT: Governing Body Meetings
DATE: February 7, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Favorable
2. Harmsen McVaney GO Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 894 allows a municipality’s governing body to convene meetings and conduct official
business via teleconferencing or other technological means two times per calendar year as long
as such meetings meet all the requirements of public notice, public access, and public
participation.
Meetings that include formal actions on ordinances or are quasi-judicial may not be conducted
via teleconferencing or other technological means.
The Governor may suspend specific limitations placed on local meetings conducted via
teleconferencing or other technological means for the first 60 days of a state of emergency that
affects the municipality in which the meeting would occur, through his or her declaration of a
state of emergency pursuant to ch. 252, F.S.
There is no impact state revenues and expenditures, but the bill may have an insignificant,
indeterminate impact on local government expenditures relating to the implementation of
meetings technology. See Section V.
The bill takes effect July 1, 2024.
REVISED: BILL: CS/SB 894 Page 2
II. Present Situation:
Open Meetings Law
The Florida Constitution provides that the public has a right to access governmental meetings.
1
Each collegial body must provide reasonable notice of its meetings to the public and permit the
public to attend any meeting at which official acts are taken or at which public business is
transacted or discussed.
2
This applies to the meetings of any collegial body of the executive
branch of state government, counties, municipalities, school districts, or special districts.
3
Public policy regarding access to government meetings is also addressed in the Florida Statutes.
Section 286.011, F.S., which is also known as the “Government in the Sunshine Law,” or the
“Sunshine Law,” requires all meetings of any board or commission of any state agency or
authority of any county, municipal corporation, or political subdivision, at which official acts are
to be taken must be open to the public at all times.
4
The governing board or commission must
provide the public reasonable notice of such meetings.
5
Members of the public must be given a reasonable opportunity to be heard on a proposition
before a board or commission, with certain exceptions,
6
including certain emergency situations
affecting the public health, welfare, or safety of citizens and official acts that are no more than a
ministerial.
7
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 which operates in a manner that unreasonably restricts
the public’s access to the facility.
8
Minutes of a public meeting must be promptly recorded and
open to public inspection.
9
Failure to abide by public meetings requirements will invalidate any
resolution, rule or formal action adopted at a meeting.
10
A public officer or member of a
governmental entity who violates the Sunshine Law is subject to civil and criminal penalties.
11
Use of Electronic Media and Public Meetings
Section 120.54(5)(b)2, F.S., authorizes state agencies to conduct public meetings via
communications media technology
12
provided that the board complies with uniform rules of
1
FLA CONST., art. I, s. 24(b).
2
Id.
3
Id. Meetings of the Legislature are governed by Article III, section 4(e) of the Florida Constitution, which states: “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.”
4
Section 286.011(1)-(2), F.S.
5
Id.
6
Section 286.0114(2), F.S.
7
Section 286.0114(3), F.S.
8
Section 286.011(6), F.S.
9
Section 286.011(2), F.S.
10
Section 286.011(1), F.S.
11
Section 286.011(3), F.S. Penalties include a fine of up to $500 or a second degree misdemeanor.
12
Section 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. BILL: CS/SB 894 Page 3
procedure
13
adopted by the state Administration Commission.
14
These rules contain notice
requirements and procedures for providing points of access to the public. For example, a body
subject to public meetings laws that will conduct its meeting exclusively using communications
media technology must provide a means for a member of the public to attend, which must
include physical attendance if the available technology is insufficient to permit all interest
persons to attend.
15
The public access to the meeting must be provided via a “designated place
where a person interested in attending a communications media technology proceeding may go
for the purpose of attending the proceeding.”
16
While state agencies may conduct meetings, hearings, or workshops by communications media
technology, there is no similar statute providing such authorization for local governments.
Over the years, the Office of the Attorney General has opined on a number of questions relating
to the use of communications media technology for local government meetings. The Attorney
General has concluded that where a quorum of membership is required for a local body to
discuss or transact relevant public business in a property noticed public meeting, that quorum of
members must be present physically at the meeting place in order to constitute a proper
quorum.
17
Most recently, during the COVID-19 pandemic, the Attorney General was presented with the
question whether and to what extent local governments may utilize teleconferencing or other
technological means to convene meetings and conduct official business.
18
The Attorney General
advised that local governments may only conduct meetings by teleconferencing or other
technological means if either:
A statute permits a quorum to be present by means other than in person; or
The in-person requirement for constituting a quorum is lawfully suspended during a state of
emergency.
19
However, in such case, public access must be afforded which permits the public to attend the
meeting, which public access may be provided by teleconferencing or technological means.
20
The Attorney General has also advised that if a quorum of a local board is physically present,
“the participation of an absent member by telephone conference or other interactive electronic
technology is permissible when such absence is due to extraordinary circumstances such as
illness.”
21
13
Rule 28-109, F.A.C.
14
See Op. Att’y Gen. Fla. 98-28 (1998). The Administration Commission is composed of the Governor and the Cabinet
(s. 14.202, F.S.) The Cabinet is composed of the Attorney General, the Chief Financial Officer, and the Commissioner of
Agriculture compose the Cabinet (s. 20.03(1), F.S.).
15
See, Rule 28-109.004, F.A.C.
16
Rule 28-109.002(1), F.S.
17
Op. Att’y Gen. Fla. 2020-03 (2020).
18
Id.
19
Id.
20
Id.
21
Op. Att’y Gen. Fla 2003-41 (2003). BILL: CS/SB 894 Page 4
Additionally, the physical presence of a quorum has not been required where electronic media
technology is used to allow public access and participation at workshop meetings where no
formal action will be taken.
22
For example, the Attorney General advised that airport authority
members may conduct information discussions and workshops over the internet, provided proper
notice is given, and interactive access by members of the public is provided.
23
Statutory Authorizations for Use of Communication Media Technology
There are instances in current law that expressly allow specified local entities to conduct public
meetings via communications media technology with varying limitations. For example:
A voting member of a regional planning council
24
that covers three or more counties may
participate via telephone or videoconferencing to be counted towards a quorum, provided
that at least one-third of the voting members are physically present at the meeting location.
Certain entities created by interlocal agreement whereby the member agencies are located in
at least five counties, of which three are not contiguous, may conduct public meetings and
workshops by means of communications media technology.
25
The Jacksonville Transit Authority may meet via communications media technology,
however; a resolution, rule, or formal action is not binding unless a quorum is physically
present at the noticed meeting location, and only members physically present may vote on
any item.
26
Additionally, ch. 2017-214, Laws of Florida, authorizes the Monroe County School Board,
Monroe County Commission, or any political subdivision thereof, to adopt rules and procedures
for using communications media technology for meetings at which no final action is taken. Due
to the length of the Florida Keys, Monroe County conducts physical meetings in three separate
locations.
27
The highway connecting the Florida Keys spans 113 miles.
28
Municipal Governance
There are 411 municipalities in Florida, ranging in population from 8 to 924,900.
29
Just above 50
percent of Floridians live within the borders of a municipality.
30
The governing board of a
22
Office of the Attorney General, Government-in-the-Sunshine Manual, 39 (2023 ed.), .), available at
https://www.myfloridalegal.com/sites/default/files/2023-05/2023GovernmentInTheSunshineManual.pdf (last visited Jan. 11,
2024).
23
Op. Att’y Gen. Fla 2001-66 (2001). See Id.
24
Section 120.525(4), F.S. Pursuant to ch. 186, F.S., regional planning councils (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.
25
Section 163.01(18), F.S.
26
Section 349.04, F.S.
27
See Monroe County Board of County Commissioners website, https://www.monroecounty-fl.gov/1015/Board-of-County-
Commissioners (last visited Jan. 31, 2024).
28
Miami Herald, Driving down the Overseas Highway in the Florida Keys? What to know about your trip, available at
https://www.miamiherald.com/news/local/community/florida-keys/article253285093.html (last visited Jan. 12, 2024).
29
Florida League of Cities, Florida’s Cities, https://www.floridaleagueofcities.com/docs/default-source/resources/about-
florida-cities5ff9bbc41a9e6c4e8be5ff0000e8da5f.pdf?sfvrsn=ba67d7d5_0 (last visited Jan 31, 2024).
30
Id. BILL: CS/SB 894 Page 5
municipality can have any number of members, whereby the smallest board has three members
and the largest has 19.
31
Ch. 166, F.S., governs the laws regarding municipalities.
32
Municipalities have those governmental, corporate, and proprietary powers that enable them to
conduct municipal government, perform their functions and provide municipal services, and
exercise any power for municipal purposes, except as otherwise provided by law.
33
The
governing body of a municipality has broad “home rule” legislative powers to enact ordinances,
local laws, to perform governmental functions and exercise power to promote the health, welfare,
safety, and quality of life of a local government’s residents.
Municipalities must notice intent to consider an ordinance 10 days before adoption and read the
ordinance by title or in full on at least two separate days before adoption by vote.
34
While law
making is done through ordinances, municipalities also have public meetings for many informal
actions as well. To conduct business a municipality must have a quorum physically present, and
a quorum is typically a majority of members of a governing board.
35
While members of a municipal governing body must participate in a public meeting in person to
take action on any item, some municipalities have adopted a hybrid meeting process to allow
participants from the public to participate in meetings via teleconferencing.
36
Section 166.0213, F.S., provides specified allowances to municipalities regarding their public
meetings. Small municipalities with less than 500 residents can hold meetings within 5 miles of
the exterior jurisdictional boundary of the municipality under certain circumstances.
37
Additionally, municipalities may hold joint meetings to receive, discuss, and act upon matters of
mutual interest with the governing body of the county where the municipality is located or the
governing body of another municipality.
38
Quasi-Judicial Hearings
Municipalities also must convene quasi-judicial meetings when citizens challenge certain land
use decisions. A quasi-judicial process is a meeting of the governing body where members can
only consider the competent and substantial evidence before the board, and the matters function
similar to a court proceeding.
39
The Sunshine Law does not allow governing boards to hold
31
Florida League of Cities, Florida Is Her Cities, https://floridaleagueofcities.com/docs/default-source/resources/yc-fun-
facts-flyer-2019.pdf? (last visited Jan. 31, 2024).
32
Section 166.011, F.S.
33
FLA. CONST. art. VIII, s. 2(b). See also s. 166.021(1), F.S.
34
Section 166.041(3)(a), F.S.
35
Op. Att’y Gen. Fla. 2010-34 (2010).
36
See Tampa City Council, Quasi-Judicial and Legislative Virtual Meeting Information, https://www.tampa.gov/city-
council/quasi (last visited Jan. 31, 2024) and City of Lake Worth Beach, Virtual Meetings,
https://lakeworthbeachfl.gov/government/virtual-meetings/ (last visited Jan 31, 2024).
37
Section 166.0213(1), F.S.
38
Section 166.0213(2), F.S.
39
City of North Miami, Resident’s Guide to a Quasi-Judicial Process, https://www.northmiamifl.gov/960/Residents-Guide-
to-a-Quasi-Judicial-Proc (last visited Jan. 31, 2024). BILL: CS/SB 894 Page 6
closed-door hearings or deliberations purely because the board is acting in a “quasi-judicial”
capacity.
40
States of Emergency
The State Emergency Management Act, ch. 252, F.S., was enacted to be the legal framework for
state emergency management activities, recognizing Florida’s vulnerability to a wide range of
emergencies, including natural, manmade, and technological disasters.
41
In order to reduce
Florida’s vulnerability to these circumstances and to prepare to respond to them, the act
promotes the state’s emergency readiness through enhanced coordination, long-term planning,
and adequate funding.
42
The act also delineates the Governor’s authority to declare a state of emergency. When a state of
emergency is issued, the Governor has the power to issue executive orders, proclamations and
rules that have the force and effect of law.
43
In March 2020, during a state of emergency in
response to the COVID-19 pandemic, the Governor issued an executive order suspending the
requirement that a quorum be present in person and allowing local governments to meet via
communications media technology, such as telephonic and video conferencing, as provided in
s. 120.54(5)(b)2, F.S.
44
III. Effect of Proposed Changes:
The bill amends s. 166.0213, F.S., to allow the governing body of a municipality to convene
meetings and conduct official business via teleconferencing or other technological means, as
long as such meetings:
Do not exceed two times per year;
Meet all of the requirements for public notice, public access, and public participation;
Do not include formal action on ordinances;
Are not a quasi-judicial hearing.
The bill allows the Governor to waive the above limitations, except for the requirement to
provide public notice, access, and participation, by issuance of a declaration of a state of
emergency, pursuant to ch. 252, F.S., the State Emergency Act, that affects the municipality in
which the meeting would occur. The waiver of the requirements must be specifically stated in the
declaration of a state of emergency, and cannot extend for more than the first 60 days of the state
of emergency.
The bill takes effect July 1, 2024.
40
Office of the Attorney General, Government-in-the-Sunshine Manual, 36 (2023 ed.),
https://www.myfloridalegal.com/sites/default/files/2023-05/2023GovernmentInTheSunshineManual.pdf (last visited Jan. 31,
2024).
41
Section 252.311(1), F.S.
42
Section 252.311(2), F.S.
43
Section 252.36(1)(b), F.S.
44
Office of the Governor Executive Order 20-69, available at https://www.flgov.com/wp-
content/uploads/orders/2020/EO_20-69.pdf (last visited Feb. 1, 2024). BILL: CS/SB 894 Page 7
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The mandate restrictions do not apply because the bill does not require
counties and municipalities to spend funds, reduce counties’ or municipalities’ ability to
raise revenue, or reduce the percentage of state tax shared with counties and
municipalities.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Municipal governments that wish to conduct public meetings via teleconferencing or
other technological means may be required to spend additional funds to implement
appropriate technology to allow for public attendance procedures required by law and
rule.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None. BILL: CS/SB 894 Page 8
VIII. Statutes Affected:
This bill substantially amends section 166.0213 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Governmental Oversight and Accountability on February 6, 2024:
Clarifies that the Governor’s declaration of a state of emergency cannot waive
constitutional requirements of public notice, public accommodation, and public
participation.
Requires that a state of emergency affect the municipality in which the meeting
would occur in order to allow for a waiver of limitations on meetings using
teleconferencing or other technological means.
Requires the Governor to specifically waive the limitations on meetings using
teleconferencing or other technological means in his or her declaration of a state of
emergency.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.