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Florida Municipal Officials' Manual - Chapter 4
The Policy-Making Process
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Section 4-1
Council Meetings
Council meetings, the procedure thereof, and the records thereof are the heart of municipal-government activity. The proper conduct of meetings thereof is of great importance to successful municipal functioning. Formal decisions must be made in an orderly, timely manner, with adequate input from an informed public. To satisfy these requirements is a complex task which must be conscientiously addressed by council members and staff.
A. Types of Meetings
Council meetings are of two general types – legislative and non-legislative.
1. Legislative Meetings
Legislative meetings are those at which formal action may be taken on policy proposals, in the form of adoption or rejection of proposed ordinances and resolutions. Legislative meetings may be either regular meetings or special meetings.
a. Regular Legislative Meetings
Regular legislative meetings are those which occur according to a pre-announced schedule. There is no requirement in Florida law concerning the frequency of such meetings. The municipality itself may determine the frequency of such meetings, which may be prescribed by charter or by ordinance. Many municipal charters throughout the state prescribe regular meetings and require that the meeting schedule be set at the annual or semi-annual organizational meeting of the council.
Since state law prescribes no particular schedule or frequency of regular council meetings, each municipality is free to establish its own schedule. As a general rule, regular council meetings occur more frequently in larger cities and less frequently in smaller towns, but there are many exceptions to this rule; the largest number of cities meet twice a month, with second largest number meeting monthly.
One important feature of the legislative meeting is the public-forum aspect. This feature assumes a much larger role in some municipalities than it does in others; however, it is always present to some degree because legislative meetings are always open to the public and press. The legislative meeting always allows the public an opportunity to hear the council discussion on each subject. The legislative meeting generally includes at least a period for citizen comment and often incorporates a formal public hearing on one or more subjects.
b. Special Legislative Meetings
An emergency or other special situation may require the convening of a special legislative meeting, that is, one which does not occur according to the pre-announced schedule. The procedures for calling special meetings should be provided in the municipal charter. While the occasional need for such meetings is inevitable, a council should not abuse the practice of having unscheduled meetings on short notice. Special meetings should be well advertised so as to not violate the state open-meetings law.
2. Non-Legislative Meetings
Non-legislative meetings are meetings at which formal action on ordinances and resolutions may not occur. Non-legislative meetings include workshops, public hearings, and organizational meetings.
a. Workshops
Workshops are essentially “shirtsleeve” meetings where the council discusses topics informally in order to achieve better understanding of them. Occasionally, work sessions are held in a room away from the formal council chamber, with a “round table” meeting arrangement, in order to promote informal discussion.
These sessions may take many forms and may address virtually any subject matter. A typical workshop may consist of background discussion about numerous items scheduled for official action at the next regular legislative meeting; for example, a council may discuss possible designs for a new playground, hear status reports, discuss an ordinance that has been introduced and awaits enactment, and consider ideas for new programs. Some subjects, such as the annual budget, may be the sole topic of one or several entire workshops.
Workshops are not formal legislative meetings; therefore, no official action can be taken. In order to allow some understanding of the status of discussion of items, unofficial “straw votes” may be taken to determine the sense of the council concerning each item; such votes are not binding on the council members at a subsequent legislative meeting when formal votes are taken, but they do serve as a reasonable indicator of council sentiment for council members, staff, press, and the public.
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Workshops must be open to the public in compliance with the open-meeting law. The format, however, is open-ended, informal, discussion; it is intended to allow council members the ability to discuss agenda subjects in a give-and-take fashion without the formality of hearings, formal motions, and written reports. The number of council members and staff participating in these discussions, combined with the tentative nature of many of the subjects, leads most councils to prohibit citizen participation during work sessions. Citizens (and press) are welcome as observers, but may not participate in discussions unless called on as resource persons.
If a city council has a sizable workload, it may be a good idea to schedule regular dates and times for work sessions throughout the year, allowing the council and staff to plan workloads, schedule other events, and provide notice to the public of such meetings.
b. Public Hearings
Public hearings are held when the council is considering a subject having unusually high community impact and when the council is considering items for which local, state, or federal regulations require such hearings. An issue on which a public hearing is held may be the subject of several workshops and may generate more citizen participation than can be accommodated at a regular legislative meeting, with its other normal business items. An additional meeting for a public hearing can be valuable by providing the public an opportunity to learn the current status of a project and by giving the council clear indications of public sentiment before making a decision. Additional work sessions and council action at a subsequent legislative meeting generally follow the public hearing.
c. Organizational Meetings
In most municipalities, an organizational meeting is held soon after each election. Local practices vary somewhat, but the usual practice at such meetings is to establish dates, times, and locations of regular council meetings, to adopt rules for the conduct of business (Robert’s Rules, Code of Conduct, etc.), and to elect officers and/or assign roles (e.g., mayor pro-tem, committee assignments). In most cities the council adopts and publishes a schedule of meeting dates for the year.
B. Conduct of Meetings
Several aspects of the conduct of council meetings will be reviewed briefly here. Some of these are reviewed in greater detail in other chapters of this manual.
1. Open-Meeting Requirement
Since 1967, the Florida Legislature has required that most government businesses be conducted “in the sunshine,” – that is, in an open and public manner. A key element of that policy is found in the Florida Statutes, known as the “Government-in-the-
Sunshine-Law,” which requires that the meetings of any agency or authority of a city government shall be open to the public. This open-meeting requirement extends not only to the council but also to council committees, citizen advisory committees, and municipal boards and commissions. “ …[N]o resolution, rule, or formal action shall be considered binding except as taken or made at such meeting,” that is, at a meeting which satisfies the requirements of the Florida Statutes. Any citizen may obtain a circuit-court injunction to enforce the purposes of the open-meeting requirement. Any public officer who knowingly violates any provision of the Florida Statutes, is guilty of a second-degree misdemeanor. (The provisions of the Florida Statutes, are discussed in more detail in “Public Meetings” in this manual.)
Although citizens must be allowed to attend all meetings of the public body, there is no requirement that citizens be allowed to participate in these meetings. However, in practice, citizen participation is routinely permitted, particularly at the public hearings and legislative meetings.
2. Advance Notice Requirement
Reasonable advance notice is required of every meeting. State law provides several acceptable methods to provide notice of council meetings. The most commonly-used methods are the printing of notices in local newspapers and the posting of notices at convenient locations. The front door of city hall and a bulletin board in the lobby of city hall are common places for such notices. The notices must include the date, time, and place of the meeting.
In some cases, municipal officials must comply with additional federal, state, or local regulations regarding “reasonable advance notice.” These regulations may govern the content of the notice, the number of newspapers in which the notice must be published, the number of times that the notice must appear, the length of time between the last publication and a public hearing, and/or the portion of the newspaper in which the notice may be placed. (Some regulations require placement in the legal section, while others specify that notices be published in a non-legal section of the newspaper.) Examples of items subject to additional regulations pertaining to “reasonable advance notice” are:
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1. decisions governing the allocation of federal grants and other federal funds;
2. rezoning and zoning-text amendments;
3. charter amendments; and
4. annexation.
3. Agenda
There is no legally prescribed format for agendas of council meetings. The agenda for a regular meeting is often organized so that subjects involving persons in the audience and requiring public comment will be heard at the earliest possible time. This will allow visitors to complete their business with the council at an early hour and allow for public comment to be fully heard. Similarly, reports of council committees and citizen advisory committees should be provided in the early part of the meeting in order to assure full council consideration of the committee recommendations.
Many municipal councils provide a section of their meeting for a “consent agenda.” These are items which are considered routine business and which rarely need discussion time in the council meeting. Examples of these items include approval of the minutes, payment of bills, renewal of leases, and certain minor proclamations and resolutions.
Items listed on the consent agenda may be adopted by one comprehensive motion which moves the approval of this portion of the agenda. Customarily, council procedures do not allow discussion of consent-agenda items. If discussion is needed, the item should be removed from the consent agenda prior to voting on the comprehensive motion. The item would then be placed on the regular agenda of the meeting under either “New Business” or “Old Business.”
Most items included on the agenda for council action are classified either as “New Business” or “Old Business.” Agendas usually list “old” business prior to “new” business in order to allow completion of matters already under discussion before opening new subjects for consideration.
It is important that agenda items be clearly identified in the printed agenda. If the listing of an item on the agenda clearly describes the subject and the action being taken, everyone present will have a clear understanding of the proceedings, and debate on the subject will be shortened. Clarity of agenda items is especially important with respect to the consent agenda, since no discussion or additional information is provided to council members or the public.
It is helpful to members of the council and the public to indicate the time of day at which discussion of each item is anticipated. These indications provide general guidance to participants and observers and can be a useful courtesy to persons having business before the council.
4. Minutes and Other Records
The State of Florida sets minimal requirements concerning minutes and records of council meetings. Written minutes are required simply to be recorded and made open to public inspection and reflect the items considered, actions taken, and final votes taken. Minutes should provide a reasonable summary of the activities which occurred at the meeting, but they are not to be word-for word transcriptions of the proceedings. A common practice which simplifies minute-taking is the attachment of relevant documents to the minutes. Examples of these attachments include reports, written testimony, correspondence, and ordinances and resolutions. Every ordinance or resolution shall be recorded in a book kept for that purpose and shall be signed by the presiding officer and the council clerk.
All municipal records shall at all times be open for a personal inspection by any person. For more on this subject, see “Public Records” in this chapter of the manual.
5. Parliamentary Procedures
Many guides are available which can be used as procedural guidelines for council meetings. One of the most common of these is Robert’s Rules of Order. Some larger public bodies, such as the U.S. Congress, have written and adopted their own rules of procedure. It is recommended that every legislative body adopt procedures for itself, as this gives standing to the public meeting process, and gives the council a starting place when the subject of reform is raised. There is no statutory requirement that municipal councils draft their own procedures, use Robert’s or another procedural manual, or adopt official procedures at all. For more on this subject, see the following section of this manual, “Parliamentary Procedure.”
6. Requirement to Vote
Except when abstaining from voting, each member of a municipal board, commission, or agency who is present at a meeting must vote on each decision, ruling, or other official act, and a vote shall be recorded for each member present.
For requirements to abstain from voting in certain situations, see Chapter 3, Section 3-3 of this manual, “The Code of Ethics.”
References
Florida Statutes: Chapters 112 and 286; Robert’s Rules of Order.
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Section 4-2
Parliamentary Procedure
A working knowledge of parliamentary procedures is helpful for all council members and is essential for the presiding officer of a council, if council meetings are to be fairly and efficiently conducted. Elected officials – and, for that matter, staff members who work directly with the council, committees, or boards – are urged to acquaint themselves with basic parliamentary procedure.
A. An Overview of Basic Rules
The following article is based upon an article prepared for the Alabama League of Municipalities by John F. Watkins, Perry C. Roquemore, Jr., and Drayton N. Hamilton. Updated information has been added to make the article more current; minor editorial changes have been made so that the article will better conform to the editorial style of this manual.
Parliamentary law is defined by Black as the general body of enacted rules and recognized usages which govern the procedure of legislative assemblies and other deliberative bodies. Sturgis defines parliamentary law as the code of rules and ethics for working together in groups.
1. History
Parliamentary law has evolved through the centuries out of the experience of individuals working together for a common purpose. The name, of course, is derived from the mother of parliaments, the forum of the House of Commons of Great Britain. Parliament is noted for its zealous regard for the right of free and fair debate, the right of the majority to decide, and the right of the minority to protest and be protected.
Parliamentary procedure became uniform in 1876 when Henry M. Robert published his manual on parliamentary law. Today, there are several excellent books on parliamentary procedure, including Robert’s Rules of Order Newly Revised latest edition and Mason’s Manual of Legislative Procedure.
2. Significance
“Procedure is more than formality. Procedure is, indeed, the great mainstay of substantive rights…Without procedural safeguards, liberty would rest on precarious grounds, and substantive rights would be imperiled.”
-- Justice William O. Douglas
In the case of McNabb v. U.S. (318 U.S. 332), the court states, “The history of liberty has largely been the history of observance of procedural safeguards.” Any great principle or right is only as strong as the procedures that support and enforce it. To vote by secret ballot is a fundamental right, but it is meaningless unless supported by procedures that ensure equal opportunity to vote, freedom of choice, absolute secrecy, and honesty in tabulation. Unless parliamentary procedure is observed, the rights of free speech, free assembly, and freedom to unite in organizations are useless and hollow rights; parliamentary procedure gives reality to these democratic concepts.
3. Rules
The rules of parliamentary procedure are found both in the common law and in statutory law. Common law has given us the principles, rules and usages which have been developed from court decisions on parliamentary questions and is based on reason and long observance. These rules apply in all situations except where a statutory law governs. The statutory law of procedures consists of statutes relating to procedures that have been enacted by federal, state, or local legislative bodies. These rules apply only to the particular organizations covered by the law.
Parliamentary procedure is essentially common sense, is simple to understand, and is easy to use. It works magic in meetings and enables members and organizations to present, consider, and carry out their ideas and to transact business with efficiency and harmony. The rules can be used to destroy as well as to construct, but only when a majority of the members are ignorant of their parliamentary rights.
4. Sources of Rules
There are three basic sources of rules and, arranged in order of rank, they are:
1. Law – Statutes enacted by federal, state, or local governments are the highest source.
2. Charter – The charter granted by government to an organization ranks second.
3. By-Laws – The by-laws and other adopted rules of procedure on procedural questions not covered by other sources, is last in precedence.
Clearly, rules of one source may not conflict with the rules of a higher rank; in the event of conflict, the higher source must be observed.
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5. Principles of Parliamentary Procedure
The primary principle of procedure is to facilitate the transaction of business and promote cooperation and harmony. Such procedure should not be used to entangle and confound the uninformed but rather to expedite business, avoid confusion and unfair advantage, and protect the rights of members.
Several basic procedural rules have been developed to assure that the simplest and most direct procedure for accomplishing a purpose is observed:
1. Motions have a fixed order or precedence, and only one motion may be considered at a time.
2. All members have equal rights, privileges, and obligations. The presiding officer must be impartial and should use his or her authority to protect and preserve the equal rights of every member to propose motions, speak, ask questions, vote, etc.
3. The ultimate authority in an organization is vested in the majority, and a primary purpose of procedure is to determine the will of the majority and carry it out. Once a question has been voted on, the decision becomes that of the organization and each member should accept and abide by the result.
4. Members of the minority are entitled to the same consideration and respect as members who are in the majority. The protection of the rights of all, both majority and minority, must be the concern of every member.
5. Each member is entitled to full and free discussion, and each has the right to express his or her opinion fully and freely without interruption and interference, within the framework of the rules.
6. Each member is entitled to know the meaning and effect of each question presented, and the presiding officer should keep the pending motion clearly before the assembly at all times. Upon request, he or she should explain any procedural motion and its effect so that every member may understand the proceedings.
7. Lastly, but not necessarily the least important principle, all meetings must be characterized by fairness and good faith. Trickery, dilatory tactics, dealing in personalities and railroading are, or should be, taboo. Fraud, unfairness, or absence of good faith may be grounds for a court to invalidate action taken.
6. Classes of Motions
A motion is the formal statement of a proposal or question to an assembly for consideration and action. Motions are classified into four groups, namely, main motions, subsidiary motions, privileged motions, and incidental motions.
a. Main Motions
A main motion is the foundation of the conduct of business. There are three subsets to main motions that have specific names and are governed by somewhat different rules; they are referred to as “specific main motions” to distinguish them from the main motion. They are:
1. “Reconsider,”
2. “Rescind,” and
3. “Consideration” (take from the table).
b. Subsidiary Motions
Subsidiary motions are alternative aids for changing, considering, or disposing of the main motion and are therefore subsidiary to it. The most frequently used are:
1. “Postpone temporarily” (lay on table),
2. “Vote immediately” (previous question),
3. “Postpone definitely,”
4. “Limit debate,”
5. “Refer to a committee,”
6. “Amend,” and
7. “Postpone indefinitely.”
c. Privileged Motions
Privileged motions have no connection with the main motion before the assembly. They are emergency motions and of such urgency that they are entitled to immediate consideration and are acted on ahead of other motions. These motions are:
1. “Adjourn,”
2. “Recess,” and
3. “Question of Privilege.”
d. Incidental Motions
Incidental motions are merely incidental to the business of the assembly and usually relate to the conduct of the meeting and not to the main motion. They are offered at any time when needed. The most frequently used of this class of motion are:
1. “Appeal,”
2. “Suspend the rules,”
3. “Point of order,”
4. “Parliamentary inquiry,” and
5. “Division of the question.”
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Classification of motions is usually based on the relation of that motion to the main motion. The main motion is the foundation that determines the classification of other motions, and the presiding officer must be alert to the effect and purpose of a motion so as to properly classify it and rule accordingly.
7. Presentation of Motions
The presentation of a motion is made by addressing the chair, gaining recognition, proposing the motion, and having it seconded, followed by the presiding officer stating the motion to the assembly. When the chair recognizes the speaker he or she is said to “have the floor,” and other members should permit him or her to present the motion or to speak. The motion is stated, “I move that…” and is the only correct way; it gives notice to the chairman or presiding officer and to the membership that the speaker is submitting a proposal for decision. Terms as “I move you,” or “I so move,” are not as proper, but are sometimes used. Lengthy motions should be written and a copy handed to the clerk or secretary and the presiding officer.
Once the motion is made, most rules require a second. This is done by saying “I second the motion” or simply “Second the motion.” No recognition is required to second except that the minutes should show who made the motion. If no one seconds the motion, the chair announces, “The motion is lost for want of a second.” The presiding officer has the duty to state all properly presented motions to the body and must do so correctly and clearly.
Usage has established proper phraseology for stated motions, and this language should be learned and utilized. Subsidiary motions are generally stated as follows:
1. Motion to limit debate: “I move that debate on the proposed assessment be limited to one hour.”
2. Motion to postpone definitely: “I move that all reports of special committees be postponed until the next regular meeting.”
3. Motion to refer to committee: “I move that we create a sub-committee to consider the motion and report at the next meeting.”
4. Motion to amend: “I move that the motion be amended by adding the words…”
Privileged and incidental motions are stated simply:
1. “I move we adjourn,” or “I move we adjourn promptly at 9:00.”
2. “I move that we recess for five minutes,” or “I move we recess until 8:00.”
3. On a question of privilege – “I move that the city engineer be asked to report his or her findings on the seashore drainage project.”
8. Basic Rules of Motions
Rules governing motions are definite and logical. If a member understands the purpose of a motion he or she can usually reason out the rules governing it. You should ask yourself the following questions about each motion:
1. What is its precedence?
2. Can the motion interrupt the speaker?
3. Is a second required?
4. Is it a debatable motion?
5. Can it be amended?
6. What are the requirements of votes for this particular motion?
7. To what other (usually previous or pending) motion does this motion apply?
8. What other motions (which could be proposed) can be applied to the motion?
a. Precedence
To avoid confusion, each motion is assigned a definite rank. Each assembly may – and many do – establish a permanent and definite series of rules of precedence or rank to all types of motions. The customary ranks are as follows:
1. Adjourn,
2. Recess,
3. Question of privilege,
4. Postpone temporarily,
5. Vote immediately,
6. Limit debate,
7. Postpone definitely,
8. Refer to committee,
9. Amend,
10. Postpone indefinitely, and
11. Main motions.
It should be noted that the first three types in the above list are privileged, types four to 10 are subsidiary, and type 11 treats the main motion. In the latter case, there is a group of motions known as specific main motions which include “Reconsider,” “Rescind,” and “Resume consideration.”
There are two basic rules of precedence:
1. When a particular motion is being considered, any motion of higher precedence may be proposed but no motion of lower precedence may be proposed. For example, when a main motion is pending, a member may move to refer to committee and another may move to recess.
2. Motions are considered and voted upon in reverse order to their proposal. The motion last proposed is considered and disposed of first. For example, if motions are proposed as above they are considered in reverse order, i.e., to recess, to refer to committee, and then the main motion.
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b. Interruption of Speaker
Two types of motions, because of their urgency, permit the speaker to be interrupted.
The first type are those which must be decided within a specific time limit: reconsider, object to consideration, appeal, and division of the assembly. Reconsider must be made during the same meeting at which the vote which is to be reconsidered was taken. (Special rules of a continuing assembly may slightly alter this procedure.) An objection to consideration must be made before progress in considering the main motion and before any other motion has been applied to it. An appeal and a call for division of the assembly must be made before other business intervenes.
The second type relates to immediate rights and privileges of a member of the body. These include: question (or point of) privilege, point of order, and parliamentary inquiry. To justify interrupting a speaker, a parliamentary inquiry must relate to the speaker, his or her speech, or some other matter that cannot be delayed until the completion of the speech. A point of privilege to justify interruption must involve the immediate comfort, convenience, or rights of the assembly, and points of order must relate to mistakes, errors, or a failure to comply with the rules or, if it relates to the speaker or his or her speech, to some error that cannot wait for completion of the speech for its determination.
9. Debates
Some motions are open to full debate, others to restricted debate, and some are undebatable. Main motions and motions relating thereto (such as amendments, reconsideration, postponement, and appeal) are fully debatable. These motions require the consideration and decision and explanation by the membership.
Three motions are open to restricted debate: “Recess,” “Postpone definitely,” and “Refer to a committee.” Such debates must deal with specific points, i.e., on a motion to recess, a discussion of the desirability and duration of the recess; on a motion of postponement, as to the advisability and the time of postponement; and on a motion to refer to a committee, as to the advisability, selection, duty and instructions to the committee.
All other motions are undebatable; for example, motion to adjourn, postpone temporarily, vote immediately and certain incidental motions, such as suspension of rules and requests to the chair. It is noted that these motions deal with simple procedural issues.
The presiding officer must enforce the rules of debating since to deny or curtail debate on debatable motions tends to deprive the members of their rights and could well result in unsound decisions. Permission to debate undebatable issues is likewise unfair and discriminating and could well bog down a meeting.
10. Amendments
Oftentimes, it becomes apparent that a motion approaches the consensus of thinking of an assembly but lacks the “finishing touch” to make it entirely acceptable to a majority of the members. An amendment may add just what is required to enable the members to vote approval of the idea or proposal.
A simple test determines whether a motion can be amended. If it can be stated in different words, it can be amended. The motion, “I move we recess for 10 minutes,” could as well be stated, “I move we recess for 15 minutes.” Clearly, the latter is a valid amendment and may actually express the will of the majority, whereas 10 minutes might be considered a sheer waste of time.
A motion that cannot be stated in different words cannot be amended. The motion to postpone indefinitely, for example, can be stated in only one way and, therefore, cannot be amended.
Some motions can be amended freely, some can be amended with restrictions, and some cannot be amended as cited above. Main motions and amendments can be amended freely. The motions to recess, limit debate, and postpone definitely can only be amended as to time. A motion to refer to committee can be amended only as to details of the referral to committee, i.e., selection, duties, instructions, etc.
11. Votes
All motions require at least a majority vote to pass. Four motions modify the rights of members to propose, discuss, and decide proposals and therefore require a two-thirds vote. These are motions to vote immediately, to limit debate, to suspend rules and to object to consideration.
Municipal governing bodies operate under statutory requirements in passing certain types of legislation and such statutes must be followed to validate the action taken.
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12. Applications
When a motion is being considered, it is important to know what other motions can be applied to it.
1. Every motion can have the motion “to withdraw” applied to it. Such a motion is often used to save the embarrassment of defeat or actually to “save face”; you can interrupt the speaker to propose it, no second is required, and it is not amendable or debatable.
2. All debatable motions can have the motions “to vote immediately” and “limit debate” applied.
3. All motions that may be worded or stated in more than one way can have the motion to amend applied to them.
4. The main motion can have all the subsidiary and specific main motions applied to it, as well as “object to consideration.” Specific main motions can have no other motions applied to them except that “reconsider” and “rescind” may have “vote immediately” and “limit debate” applied to them.
5. Privileged and incidental motions can have no other motion applied to them, except that “recess” may be amended and an “appeal” may have “vote immediately” and “limit debate” applied to it.
To renew a motion means to propose again the same or substantially the same motion that has been voted on and lost. When a “main” motion has been voted on and lost, the same or substantially the same motion, though worded somewhat differently, cannot be renewed at the same meeting. It can, however, be reconsidered at the same meeting or proposed as a new main motion at a later meeting. All other motions may be renewed whenever, in the judgment of the presiding officer, the members might reasonably be expected to act or vote differently on the subject matter or issue. The problem is for the presiding officer to make a reasonable judgment. He or she is aided in arriving at this decision by action taken on intervening business, progress in debate, or change in the parliamentary situation. It would be futile to permit renewal unless there is reason to believe that a different result will be obtained on the second consideration. In any event, his or her decision can be appealed, and thus the members will have the opportunity to express themselves a second time.
13. Reconsideration
Usually, when an assembly decides a main motion by taking a vote on it, the decision is final. An assembly, like an individual, may change its mind and, therefore, motions have been developed to permit the change. Such motions are “reconsider,” “rescind,” and “amend” by a new main motion.
The motion to reconsider the vote on a main motion that either carried or lost can be proposed during the same meeting at which the main motion was voted on. Action to renew a main motion that was “lost” cannot be taken at the same meeting but may be taken by a new main motion, and a motion to repeal may be applied to motions that have carried.
Before new motions are proposed, the minutes should be checked to ascertain whether the new motion conflicts with previous action of the assembly, since the effect of the new motion may conflict with prior actions and positions.
B. Conclusion
We conclude, as we began, by recommending that every member of an assembly, regardless of its function or purpose, study and master the rules of parliamentary procedure; the assembly will operate more smoothly and every member will be aware of his or her own rights as well as the rights of other members. The rights and privileges of every member will be better protected and promoted. Essentially, the rules are based on logic which everyone can learn and apply with a little bit of homework. The effort will be most rewarding to the individual, as well as to his or her associates.
References
Robert’s Rules of Order. Mason’s Manual of Legislative Procedure (National Council of State Legislators: December 2000). Out-of-print but available: Demeter’s Manual of Parliamentary Law and Procedure, George Demeter, (Boston, MA: Little, Brown and Company, 1969). Essentials of Committee Management, John E. Tropman, et al, (Chicago: Nelson-Hall, 1979). Making Meetings Work: A Guide for Leaders and Group Members, Leland P. Bradford, (LaJolla, CA: University Associates, 1976). Meeting Management: A Professional Approach, James E. Jones, (Stamford, CN: Bayard Publications, 1984). Updated information was provided by the Florida Institute of Government, University of Central Florida.
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Section 4-3
Ordinances and Resolutions
A principal activity of municipal councils is the adoption of ordinances and resolutions.
A. Action Types: Ordinances and Resolutions
Most of the action taken by municipal councils is accomplished by simple motion. A motion may be stated orally (“Mr. Chairman, I move that we approve…”) and need not be put in writing beforehand. To be adopted, usually a motion must be approved by a simple majority of a quorum present; provision may be made in the municipal charter or code for a requirement of approval by an extraordinary majority for specified classes of action by the council, e.g., for rezoning actions.
Actions taken by a council range from those which are very simple to those which involve weighty considerations of great importance. Examples of the former include matters of council procedure (“I move that we observe a minute of silence in honor of…,” “I move that we recognize the accomplishments of Seabreeze High School Band, which…”); and simple legal formalities (“I move that we accept the report,” “I move that we approve the contract, as recommended by staff”).
Council actions often involve voting on ordinances and resolutions. The authority to enact municipal legislation is implicit in the constitutional grant of authority to municipalities to exercise “the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services” (art. 8, sec. 2(b), Const.).
Statutes recognize two types of formal enactments by municipal councils – ordinances and resolutions.
1. Ordinances
An ordinance is an official legislative action which establishes “a regulation of a general and permanent nature and enforceable as a local law” (F.S.).
2. Resolutions
A resolution is a less substantial action and may be “an expression…concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body” (F.S.). Actions of a law-making nature must be accomplished in the form of an ordinance, not a resolution.
B. Scope of Authority
The policy-making authority of city governments is defined by a broad general grant of powers – “home rule” – and by two specific limitations.
1. Home Rule Powers
The municipal governments of Florida enjoy “home rule” powers granted through Article VIII, Section 2, Florida Constitution, and the Municipal Home Rule Powers Act (ch. 73-129, Laws), which was incorporated as Chapter 166, Florida Statutes. The law stipulates that a municipality “may exercise any power for municipal purposes except when expressly prohibited by law” (s. 166.021(1), F.S.); that the grant of powers to municipal government shall be construed liberally; and that it is the legislative intent “to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited” (s. 166.021(4), F.S.).
2. Restrictions
Thus, the municipal authority to act is quite broad, and is subject only to only two restrictions:
1. Any municipal action must be for a “municipal purpose.” Municipal purpose is defined as “any activity or power which may be exercised by the state or its political subdivisions.” Because of the breadth of this definition, the “municipal purpose” requirement seldom is restrictive.
2. A municipality may not do anything that is expressly prohibited by law. In broadest terms, this may be taken to mean that municipal action may not conflict with the U.S. Constitution or laws, with the Florida Constitution or laws, or with the municipality’s own charter. Examples include:
a. A municipality may not violate the U.S. Constitution by denying someone the “equal protection of the laws” or “due process” (14th Amendment).
b. A municipality may not violate U.S. law, such as the Fair Labor Standards Act, civil rights laws or environmental protection laws.
c. A municipality may not exercise powers which are expressly prohibited by the Florida Constitution, such as unilateral annexation, merger or exercise of extraterritorial powers (art. VIII, sec. 2-c, Const.).
d. A municipality may not exercise powers expressly prohibited or preempted by state law, such as imposition of price or rent controls (with specified exceptions), regulation of possession and sale of ammunition, and imposition of taxes, other than ad valorem taxes, without general law authorization do so.
Note that reference is made, above, to preemption as well as prohibition. A municipality may not exercise a power which has been expressly preempted either by state constitution or by legislative statute.
Preemption is not always complete, however; partial preemption restricts the area of municipal action but does not completely preclude it.
To summarize, the general principle concerning municipal authority is that any subject not expressly prohibited or preempted may be legislated on by a city council. In general, the Florida Supreme Court has given a broad interpretation to this statement of municipal legislative power.
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C. Procedural Requirements
Procedures for the adoption of ordinances and resolutions are prescribed in the Florida Statutes. While a city council may specify additional procedural requirements, it may neither lessen nor reduce the requirements of the statute, or other requirements as provided by general law.
1. General Requirements
Certain requirements apply to all formal policy-making by city councils. These requirements, are specified in the Florida Statutes, are as follows:
1. Each ordinance or resolution shall be introduced in writing.
2. Each ordinance or resolution shall embrace but one subject and matters properly connected therewith.
3. The subject of each ordinance or resolution shall be clearly stated in the title.
4. An ordinance to revise or amend shall set out in full the revised or amended part.
5. No ordinance shall be revised or amended by reference to its title only.
6. A proposed ordinance must be read, either by title or in full, on at least two separate days.
7. At least 10 days prior to adoption, a proposed ordinance must be noticed once in a newspaper of general circulation in the city; this notice shall state the date, time, and place of the meeting at which the ordinance may be adopted, title of the proposed ordinance, and places where the proposed ordinance may be inspected. The notice shall also advise that interested parties may be heard at the meeting. By a two-thirds vote, the council may enact an emergency ordinance without complying with these notice requirements; however, neither rezoning of private property nor amendment of a land-use plan may be done by emergency ordinance.
8. A majority of the council’s members shall constitute a quorum; any ordinance or resolution must be approved by an affirmative vote of a majority of a quorum present, except that two-thirds of all members is required for enactment of an emergency ordinance.
9. Votes on final passage shall be entered on the official record of the meeting.
10. All ordinances and resolutions become effective as provided therein or, otherwise, on 10 days after passage.
11. Every approved ordinance or resolution shall be recorded in a book kept for that purpose and shall be signed by the presiding officer and the clerk of the governing body.
2. Special Requirements for Zoning Changes
Special procedural requirements exist for an ordinance which would rezone specific parcels of private real property or which would substantially change permitted-use categories in zoning districts. These requirements are as follows:
1. If the proposed rezoning or change involves less than five percent of the total land-area of the municipality, the council’s clerk shall notify by mail each property owner whose property will be affected by the proposed rezoning change. The notice shall state the substance of the proposed ordinance and shall set a time and place for one or more public hearings. The notice of meeting shall be given at least 30 days in advance, and a copy of the notice shall be kept available for public inspection at the council clerk’s office. The council shall hold a public hearing, as announced, and may adopt the ordinance at that time.
2. If the proposed rezoning or change involves more than five percent of the total land area of the municipality, two public hearings must be held, each after 5:00 p.m. on a weekday; the first shall occur approximately seven days after the advertisement and the second shall occur approximately two weeks later and approximately five days after being advertised. The day, time, and place of the second hearing must be announced at the first hearing.
NOTE: Chapter 95-198, Laws, enacted by the Florida Legislature in 1995, allows a municipal governing body, by a majority plus one vote, to conduct public hearings on ordinances and resolutions that rezone real property or which effect the use of land at other times than after 5:00 p.m. on weekdays.
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Advertisements of the hearings must appear “in a newspaper of general paid circulation in the municipality and of general interest and readership in the community, not one of limited subject matter”; where possible, notice must be in a daily paper. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified ads appear. It shall be no less than one-quarter page in size, and its headline shall be in 18-point type or larger. The advertisement shall contain a map which clearly indicates the area affected, including major street names, and it shall be in the following form:
NOTICE OF ZONING (PERMITTED USE) CHANGE
The…(name of local government unit)…proposes to rezone the land within the area shown in the map in this advertisement.
A public hearing on the rezoning will be held on…(date and time)…at…(meeting place)…
The advertisement shall also contain a geographic location map indicating the area covered by the ordinance.
In lieu of publishing this advertisement, the municipality may mail a notice to each property owner within the affected area. Such notice shall clearly explain the proposed ordinance and shall identify the time, place, and location of both public hearings.
C. Abstention from Voting
Under certain circumstances, a council member is required by law to abstain from voting. For discussion, see “The Code of Ethics” section in this manual.
D. Form and Content of Ordinances
Florida law does not prescribe a form for ordinances. Most Florida municipalities, however, follow a few general rules which determine the form of their ordinances. Under these rules, each ordinance contains three principal parts:
1. the preamble, which contains the number, title and enacting clause of the ordinance;
2. the body, which contains the exact text of the ordinance; and
3. the trailer, which contains the effective date and any posting and publication information.
1. Preamble
In the preamble, the number of the ordinance or resolution usually relates to the date of enactment. Most municipalities use a numbering system that identifies the year and the order of enactment in that year (e.g., 2001-1, 2001-2, and so forth). Other municipalities simply number ordinances consecutively (e.g., 1,2,…), without reference to the year of enactment. There is no legal requirement for an ordinance number at all, but numbering is a custom followed by all municipalities, as a matter of convenience.
The title of the ordinance should be brief and descriptive. It should clearly identify the subject of the ordinance; for example, “An ordinance creating a civil service board of the City of Plymouth.” The title also should include a statement of the effect of the ordinance. If a section of the municipal code is being amended or repealed, this should be noted in the title. An example of an appropriate ordinance title is: “An ordinance to repeal and reenact, with amendments, Section 4-106, ‘Curbing of Pets,’ of the Town Code requiring that all dogs are kept on a leash when off the property of the pet owner.”
Some municipalities include in a title a mention of each section of the ordinance, producing a title consisting of a long string of such references, separated by semicolons.
The enacting clause contains formal language which introduces the statutory language which follows; for example, “Be it ordained by the Council of the City of …,” “Be it enacted by the City of…,” or “Be it enacted by the People of the Town of …” The enacting clause may also contain “Whereas” statements, a statement of purpose, a statement of objectives, or other introductory material which is not part of the essential legislative content of the ordinance.
2. Body
The body of the ordinance contains the exact text which is to be added to the city code. If the ordinance relates to a section of the municipal code, the number and title of that section must be clearly identified. The body is the only portion of the ordinance which will be incorporated into the municipal code; therefore, all essential content of the ordinance must be contained in the body of the ordinance.
3. Trailer
The trailer contains the effective date of the ordinance, if required. State law provides that all ordinances or resolutions “shall become effective 10 days after passage or as otherwise provided therein;” therefore, an effective date should be provided in the ordinance only if it is to be different from this automatic date. Publication of ordinances and resolutions is not required by state law, nor is it required by all municipal charters. If the charter does require publication, the trailer should include notice of where a copy of the enactment will be posted, the newspapers in which and the number of times it will be advertised, and the other governmental offices which will receive a copy of the document.
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E. Maintaining a Record
Each municipality must keep records of all ordinances and of all resolutions which may have a long-range effect, such as a resolution appointing a municipal official.
1. The Municipal Code
The city must keep a copy of every ordinance enacted, every amendment to that ordinance, any official listing of the ordinance in local newspapers, and any information pertaining to its repeal. Copies of all ordinances must be made available for inspection by any interested individual.
The complete set of ordinances is commonly referred to as the “municipal code.” As individual ordinances are adopted, each may be integrated into the body of existing ordinances, producing a body of laws not unlike the state statutes, albeit of much less volume. The process of integrating new ordinances into the existing body of municipal law in a systematic fashion is called “codification.” Most cities have their ordinances recodified on a regular schedule, the frequency is dependant upon the volume of ordinances.
2. The Municipal Log
Many municipalities also keep a log or journal of all ordinances, reflecting certain key information. Ideally, log entries for each ordinance will reflect:
1. the date of enactment, the vote by which it was enacted, and its effective date;
2. its location in the municipal code;
3. all amendments to it;
4. full reference to any related court cases; and
5. any relation to other earlier or later ordinances.
A log is not a legal record, but it can serve as an excellent administrative tool which will enable the municipality to record the entire life of an ordinance.
References
Florida Constitution: Article 8, Sec. 2. Florida Statutes: Chapter 166.
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Section 4-4
Public Meetings
A. Open Meeting Requirement
Florida Statutes require “All meetings of any board or commission of…any agency or authority of any county, municipal corporation or political subdivision…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.”
B. Applications of the "Sunshine Law"
The above-quoted passage is the essence of Florida’s Government-in-the-Sunshine Law of 1967. This law is also known as the “Open Meetings/Open Records Law” and the “Sunshine Law.” By any name, it has required much interpretation by the state judiciary and the Office of the Attorney General. Through both judicial decisions and attorney general advisory opinions, the Sunshine Law has been given a broad application. Several aspects of its application may be noted here, without elaboration.
The Sunshine Law…
…applies equally to appointed and elected bodies.
…applies to members-elect as well as to members.
…applies to meetings between a mayor and a council member if the mayor is a member of the council or has a voice in decisions.
…applies to the mayor if the mayor has or may have a voice in decisions of the council.
…does not apply to discussion between mayor and council member of a subject which falls within the administrative functions of the mayor and which will not come before the council for actions.
…applies to “evasive devices” by which officials might seek to evade the law; e.g., “serial” meetings between individual council members and a staff member, which constitute a de facto meeting of the council, e.g., circulation, among council members, of memoranda stating members’ views on a subject which is to be acted on by the council.
…may apply to a meeting of a single city official and private citizens if the official is appointed by the council as its representative, especially if the official has been delegated decision-making authority.
…does not apply to an appointed chief executive officer in his regular administrative routines; however, it does apply to the chief executive officer if he should act as liaison for council members or attempt to act in place of council members at their direction.
…applies to an ad hoc advisory board whose powers are limited to making recommendations; however, an appointed body may not be subject to the Sunshine Law if limited to data collection and fact-finding, without an advisory role.
…applies to committees made up solely of staff members if the committee performs a policy-making or decision-making role.
…applies to discussions and deliberations as well as to formal action; therefore, the law is applicable to any gathering where the members deal with some matter on which foreseeable action will be taken by the body.
…applies to personnel matters; contrary to widespread assumption, personnel matters enjoy no exemption from the Sunshine Law.
…does not apply to meetings between council members and the city attorney for discussion of pending litigation, under specific circumstances (see “Exceptions” below).
…applies to discussion of the sale or purchase of real property, including condemnation proceedings.
…requires, implicitly, that reasonable notice of public meetings be given to the public, that the notice must reasonably convey all the information required, and that it must afford a reasonable time for interested persons to make an appearance.
…does not apply, ordinarily, to meetings of staff; e.g., does not apply to staff actions to review bids and to negotiate proposed contracts with bidders.
…requires that a city council “meet” solely within the territorial jurisdiction of the city; council members may gather at other locations but should not have a “meeting” there, i.e., should not conduct business or have discussions of subjects which might be acted on by the council at a later date.
…does not apply to a gathering of two or more members of a body if the gathering is entirely for social purposes and no public business is discussed.
…applies to telephone conversations between members of a public body if public business is discussed.
The source of these applications of the Sunshine Law is the Government-in-the-
Sunshine Manual: Florida’s Government in the Sunshine and Public Records Law Manual, revised annually, prepared by the Office of the Attorney General, State of Florida, and the First Amendment Foundation. Copies of the latest edition may be obtained from the First Amendment Foundation, 336 E. College Avenue, Suite 300, Tallahassee, FL 32301, (850) 222-3518 or 1-(800) 337-3518, www.floridafaf.org.
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C. Exceptions
1. Collective Bargaining
Discussions between the city council and the city’s chief executive officer concerning collective bargaining are exempt from the Open Meetings Law.
2. Pending Litigation
Not withstanding the provisions of s. 286.01 (1), F.S., a municipal governing board or an agency or authority of the municipality may meet in private with its attorney to discuss pending litigation to which the municipality is currently a party before a court or administrative agency, provided that:
1. the city attorney has advised the municipality at a public meeting that he desires advice concerning the litigation;
2. the subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation to expenditures;
3. the session is recorded by a certified court reporter, who records the time of the session, all discussion and proceedings, the names of all persons present, and the names of all persons speaking; no portion shall be off the record; the notes shall be transcribed and recorded at the clerks office within a reasonable time after the meeting;
4. the entity gives reasonable public notice of the time and date of the attorney-client session and the names of the persons attending the session; and
5. the transcript shall become part of the public record upon conclusion of the litigation.
All other council meetings and all meetings of other city boards and commissions “at which official acts are to be taken” are subject to the open-meetings requirement.
D. PENALTIES
There are serious and substantive penalties for violating the Sunshine Law. Your city attorney should review these with you.
E. Location of Meetings
Meetings of municipal boards and commissions may not be held “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.” Persons subject to the open-meetings requirement are also subject to this requirement, and the same penalties apply.
Meetings should be accessible to physically handicapped persons (s. 286.26, F.S.). If a physically handicapped person submits a written request to attend a meeting and this request is received at least 48 hours prior to the scheduled time of the meeting, the person responsible for the meeting must provide reasonable access to the person. “Human physical assistance” may not be used to provide access if objected to by the affected person in his written request.
F. Appeal of Decision
If a person wishes to appeal a decision of a city board, commission, or agency, that person will need a record of the proceedings at which the decision was made; therefore, he or she should obtain a verbatim record. Each municipal body is required to include advice to this effect in any legally required notice of a meeting or hearing.
G. Requirement to Vote
A member of a municipal board, commission, or agency, who is present at a meeting at which “an official decision, ruling, or other official act is to be taken or adopted” must vote on the decision, ruling, or act, and a vote shall be recorded for each member present, except when possible conflict of interest requires abstaining.
References
Florida Statutes: Chapter 286; s. 447.605. Also, Government-in-the-Sunshine Manual: Florida’s Government in the Sunshine and Public Records Law Manual, revised annually, prepared by the Office of the Attorney General, State of Florida, and the First Amendment Foundation, available from the First Amendment Foundation, 336 E. College Avenue, Suite 300, Tallahassee, FL 32301, (850) 222-3518 or 1-(800) 337-3518, www.floridafaf.org.
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Section 4-5
Public Records
A. Public Records Law
It is the policy of the State of Florida that all state, county, and municipal records shall at all times be open for personal inspection by any person. To that end, the Legislature has enacted the Public Records Law (ch. 119, F.S.), which contains requirements that public records be made available for public inspection, they be kept in usable condition, they be kept in safe places, they be kept in convenient places, and copying of records be provided at reasonable costs.
Chapter 95-296, Laws, enacted by the Florida Legislature in 1995, states that agencies should strive to provide access to public records by “remote electronic means” to the extent feasible, and that this access should be provided by the most cost-effective and efficient means available. The law also authorizes (does not require) the custodian to charge a fee for such service.
The custodian of public records is assigned various responsibilities pertaining to the requirements of the public records law. A “custodian” is the municipal officer, elected or appointed, who is charged with the responsibility of maintaining the office having public records, or his designee. Most official custodians will be appointed administrators rather than elected officials; however, elected officials are responsible to see to it that this law, like others, is adhered to by employees.
B. Maintenance of Records
“Insofar as practicable,” custodians of public records shall keep them in fireproof and waterproof locations. They are to be kept in locations “easily accessible for convenient use.” All public records should be kept in the buildings in which they are ordinarily used. If worn, mutilated, damaged, or difficult to read, they should be copied or repaired. The council must approve the removal of records from their normal location in order to be repaired or reproduced. Statute requires the “official who causes a record book to be copied shall attest and certify on oath that it is an accurate copy of the original book.”
C. Destruction of Records
Destruction of obsolete records is to be done in accordance with Chapter 257, Florida Statutes, and with the consent of the Division of Library and Information Services of the Department of State.
D. Transfer of Records
On leaving office, an official shall deliver to his or her successor all public records kept or received in the transaction of official business.
E. Public Access to Records
1. Public Access Requirements
Every custodian of public records shall “permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian…or his designee.” A copy or certified copy of any public document shall be furnished by its custodian on request, with payment of a prescribed fee, if any, or of the actual cost of material and supplies. “An agency may charge a fee, set by statute, for certified or other copies of records.” A special service charge may be levied if the nature or volume of public records requested to be inspected, examined, or copied “is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance…”
2. Exemptions from Access Requirements
Each year, the Attorney General updates the exemptions from access; you can obtain this list in the “Government In the Sunshine Manual,” or your municipal attorney.
It should be noted that exemption of records from the Public Records Law does not ensure secrecy if the subject matter is also the subject of discussions and/or actions by a public body which is subject to the Open Meetings Law. The only council discussions and/or actions which are exempted from the Open Meetings Law are those pertaining to collective-bargaining negotiations. For more information on the Open Meetings Law (also called the Sunshine Law), see the section on “Public Meetings” in this chapter of the manual.
G. Applications
The Public Records Law has been the subject of many court decisions and attorney general’s opinions. These are summarized in the Government-in-the-Sunshine Manual, prepared by the Office of the Attorney General, State of Florida, and the First Amendment Foundation. Some of these applications of the law are listed below:
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The Public Records Law…
…applies to “public records,” i.e., “any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type.” Not counted as public records are materials prepared as drafts which are “mere precursors of governmental ‘records’ and are not, in themselves intended as final evidence of the knowledge to be recorded.” However, if a document’s purpose is to “perpetuate, communicate, or formalize knowledge,” it may be considered as a public record even if it is not in final form or the ultimate product of the agency.
…applies to inter-office and intra-office (person-to-person) memoranda communicating information from one employee to another or merely prepared for filing. The attorney general has opined that “any document, however prepared, if circulated for review, comment or information, is a public record regardless of whether it is a final product or marked ‘preliminary’ or ‘working draft’ or other such label.”
…applies to land appraisal reports, inspection reports, job applications, budget work sheets, travel itineraries, investigation reports, developers’ detailed engineering plans, accident reports, health-inspection reports, architect’s drawings, and tape recordings of incoming calls.
…applies to work products of a city attorney, in the absence of a specific statute providing exemption; and may apply to attorney-client communications.
…applies to a private agency, person, or other entity if it is “acting on behalf of” a public agency; thus, records of private bodies, agents, or contractors are subject to the law when performing a governmental function or participating in the decision-making process.
…applies to personnel records if not statutorily exempted.
…applies, with respect to inspection and copying of records, to request by anyone (“by any person”), regardless of purpose, interest, or intended use.
…does not apply to particular records if a federal statute requires that they be closed and if the state is clearly subject to said statute. For records to be exempt from the Public Records Law due to a counter-vailing federal law, there must be an “absolute conflict” between the state law and a specific federal law.
…applies to the time, date, location, and nature of a reported crime; the name, sex, age, and address of an arrested person; the time, date and location of the incident and the arrest; and the charge or charges against an accused person; does not apply to certain information concerning any victim of a crime.
…applies to all public records, including electronic records, except these types that have been specifically and explicitly exempted by a specific statutory provision.
H. Penalties
Any public officer who violates any provision of Chapter 119, Florida Statutes, is guilty of a noncriminal infraction, punishable by fine not exceeding $500. Any person willfully and knowingly violating any provision of Chapter 119 is guilty of a first-degree misdemeanor, subject to a definite term of imprisonment not exceeding one year and a $1,000 fine. In addition, a public officer who knowingly violates the provisions of the Florida Statutes, which provide for reasonable access to public records, is subject to suspension and removal or impeachment and is guilty of a first-degree misdemeanor, subject to a definite term of imprisonment not exceeding one year and a $1,000 fine.
I. State Assistance
The Division of Library and Information Services of the Department of State shall give advice and assistance to municipal officials concerning records maintenance and the provision of public access to records. Municipal officials are required to prepare “an inclusive inventory of categories of public records in their custody,” and the division “shall establish a time period for the retention or disposal of each series of records.” The division may assist local governments by providing storage or filing space for records and by providing other assistance, including the microfilming of records.
It is to be noted that Chapter 119 penalties do not apply only to official custodians of public records, but to any “public officer” who participates in violation of a provision of the chapter.
References
Florida Statutes: Chapter 119. Government-in-the-Sunshine Manual: Florida’s Government-in-the-Sunshine and Public Records Law Manual, revised annually, Office of the Attorney General, State of Florida, and the First Amendment Foundation (copies available from the First Amendment Foundation, 336 E. College Avenue, Suite 300, Tallahassee, FL 32301, (850) 222-3518 or 1-(800) 337-3518, www.floridafaf.org). Brechner Report, published by The Brechner Center for Freedom of Information, P.O. Box 118400, 3208 Weimer Hall, University of Florida, Gainesville, FL 32611-8400, (352) 392-2273, www.jou.ufl.edu/brechner/index.htm.
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