Title: Public Meetings During Declared States of Emergency

Summary: Providing for the suspension of certain statutory provisions during declared states of emergency for a specified timeframe; authorizing governing bodies to use communications media technology to conduct meetings during declared states of emergency; providing that certain remote participation by a governing body member in a meeting constitutes that individual's presence at such meeting and counts toward a quorum during a declared state of emergency; authorizing members of a governing body to attend certain meetings in person or through communications media technology, etc.

Full Text:
An act relating to public meetings during declared states of emergency; creating s. 252.386, F.S.; defining terms; providing for the suspension of certain statutory provisions during declared states of emergency for a specified timeframe; providing an exception; authorizing governing bodies to use communications media technology to conduct meetings during declared states of emergency; providing that certain remote participation by a governing body member in a meeting constitutes that individual s presence at such meeting and counts toward a quorum during a declared state of emergency; requiring meetings conducted through communications media technology during a declared state of emergency to function as if they are being conducted in person; authorizing members of a governing body to attend certain meetings in person or through communications media technology; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 252.386, Florida Statutes, is created to read: 252.386  Suspension of statutory provisions during states of emergency.  (1)   For purposes of this section, the term: (a)    Governing body  means the council, commission, or other board or body in which the general legislative powers of a local or regional governmental entity are vested. (b)    Local governmental entit y  means a municipalit y, a count y, a district sch ool board,a special district,or any other local entit ywithin the jurisdiction of one county created by general or special law or local ordinance. (c)    Regional governmental entit y  means a regional planning council, a metropolitan planning organization, a water supply authority that include smore than one county, a local health council,a water management district,and any other regional entity that is authorized and created by general or special law which have duties or responsibilities extending beyond the jurisdiction of a single county. (2)   Any statutory provision that requires the physical presence of members to satisfy a quorum or that requires the members of a governing body to be physically present at a specif ied public place is suspended if a state of emergency is declared by the Governor, for a period not to exceed months from the date on which the state of emergency is declared, unless the state of emergency is extended by the Govern or pursuant to executive order. (a)   If a county is declared to be under a state of emergency by the Governor, a governing body within that county may use communications media technology, including telephonic and video conferencing, as provided in s. 120.54(5)(b)2. to conduct meetings. (b)   The participation by a member of a governing body in a meeting conducted through communications media technology as provided in paragraph (a) constitutes that member   spresence at such meeting and count stoward a quorum. (c)   A meeting conducted through communications media technology must function as if it is being conducted in person. (d)   If a meeting is conducted through communications media technology, a member of the governing body is entitled to attend the meeting in person or to attend the meeting through communications media technology. Section 2. This act shall take effect July 1, 2022.