Does Florida law require a local board to let the public speak before it votes on something?

Subject

Jacksonville Ethics Commission

Plain-English summary

The vice chair of the Jacksonville Ethics Commission asked the AG to interpret certain words in section 286.0114, the 2013 law guaranteeing the public a chance to speak before local and state boards act. The AG declined to issue a formal opinion, finding the statute's requirements straightforward, but gave general comments to help the commission apply it.

Section 286.0114 says members of the public must be given a reasonable opportunity to be heard on a "proposition" before a board or commission takes "official action." That chance does not have to come at the same meeting as the vote, as long as it happens during the decision-making process and reasonably close in time before the action. The statute carves out exceptions: emergencies affecting public health, welfare, or safety; ministerial acts like approving minutes or ceremonial proclamations; meetings already exempt from the Sunshine Law (s. 286.011); and meetings where the board acts in a quasi-judicial capacity. Boards may adopt rules governing the opportunity to be heard, but only the kinds the statute lists: time limits per speaker, procedures for group representatives, sign-up forms, and a designated public-comment period. A board that adopts and follows compliant rules is deemed in compliance, and a violation does not void the action taken, though a circuit court can enjoin violations and award attorney fees.

The AG noted that the statute does not define "proposition" or "official action," and does not distinguish between a formal meeting and an informal workshop. Because the Government in the Sunshine Law applies to all meetings where official acts are taken, the AG advised the commission to follow section 286.0114 whenever it takes official action on a proposition, regardless of how formal the meeting is, and to construe the law liberally in favor of public participation. Its bottom-line suggestion: when in doubt about whether public participation is required, err on the side of allowing it.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Does a Florida board have to let the public speak before voting?
Under section 286.0114, yes, the public must get a reasonable opportunity to be heard on a proposition before the board takes official action, subject to listed exceptions. The chance can come at an earlier meeting during the decision-making process.

What are the exceptions?
Emergencies affecting public health, welfare, or safety; purely ministerial acts such as approving minutes; meetings exempt from the Sunshine Law; and meetings where the board is acting in a quasi-judicial capacity.

Can a board limit how and when people speak?
Yes, but only with the kinds of rules the statute allows: per-speaker time limits, procedures for group spokespeople, sign-up forms or procedures, and a designated public-comment period. A board that follows compliant rules is deemed to comply.

Does it matter if it's a workshop instead of a formal meeting?
The AG advised following section 286.0114 whenever official action on a proposition is taken, regardless of the meeting's formality, because the Sunshine Law reaches all meetings where official acts occur.

Background and statutory framework

Section 286.0114 was enacted in the 2013 session (Ch. 2013-227, CS/CS/SB 50) to codify a public right to be heard before boards and commissions of state and local agencies. It defines "board or commission" broadly, sets the reasonable-opportunity requirement, lists exceptions, limits the rules a board may impose, provides for circuit-court enforcement and attorney fees, and specifies that a violation does not void the action taken.

The AG applied standard interpretive principles: where statutory language is clear, intent is drawn from the words used (Holly v. Auld), and undefined terms get their plain and ordinary meaning. It read section 286.0114 alongside the Government in the Sunshine Law and the case law favoring public access, citing Herrin v. City of Deltona (acknowledging the statute), Sarasota Citizens for Responsible Government v. City of Sarasota (Sunshine Law reaches meetings where official acts are taken), and Board of Public Instruction of Broward County v. Doran (public-benefit statutes construed favorably to the public). That is why the AG urged erring toward allowing public participation.

Citations

• section 286.0114, Florida Statutes
• s. 286.011, Florida Statutes
• Herrin v. City of Deltona, 121 So. 3d 1094, 1097 (Fla. 5th DCA 2013)
• Holly v. Auld, 450 So. 2d 217, 219 (Fla. 1984)
• Sarasota Citizens for Responsible Government v. City of Sarasota, 48 So. 3d 755, 764 (Fla. 2010)
• Board of Public Instruction of Broward County v. Doran, 224 So. 2d 693 (Fla. 1969)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/jacksonville-ethics-commission
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/1557

Original opinion text

Mr. Joe Jacquot

Vice Chair

Jacksonville Ethics Commission

117 West Duval Street, Room 450

Jacksonville, Florida 32202

Dear Mr. Jacquot:

On behalf of the Jacksonville Ethics Commission, you have asked this office for assistance in interpreting the Legislature’s intent by its use of certain words in section 286.0114, Florida Statutes. Given the statute’s straightforward requirements and the delineation of instances in which the statute does not require public participation, as well as the authority for governing bodies to prescribe rules to govern the public’s opportunity to be heard, this office is unable to render a formal opinion which would further clarify the statute. The following general comments are offered, however, in order to assist you in applying the statutory requirements to the actions of the commission.

Section 286.0114, Florida Statutes, passed during the 2013 Legislative Session,[1] states:

"(1) For purposes of this section, 'board or commission' means a board or commission of any state agency or authority or of any agency or authority of a county, municipal corporation, or political subdivision.

(2) Members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission. The opportunity to be heard need not occur at the same meeting at which the board or commission takes official action on the proposition if the opportunity occurs at a meeting that is during the decisionmaking process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action. This section does not prohibit a board or commission from maintaining orderly conduct or proper decorum in a public meeting. The opportunity to be heard is subject to rules or policies adopted by the board or commission, as provided in subsection (4).

(3) The requirements in subsection (2) do not apply to:

(a) An official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with the requirements would cause an unreasonable delay in the ability of the board or commission to act;

(b) An official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations;

(c) A meeting that is exempt from s. 286.011; or

(d) A meeting during which the board or commission is acting in a quasi-judicial capacity. This paragraph does not affect the right of a person to be heard as otherwise provided by law.

(4) Rules or policies of a board or commission which govern the opportunity to be heard are limited to those that:

(a) Provide guidelines regarding the amount of time an individual has to address the board or commission;

(b) Prescribe procedures for allowing representatives of groups or factions on a proposition to address the board or commission, rather than all members of such groups or factions, at meetings in which a large number of individuals wish to be heard;

(c) Prescribe procedures or forms for an individual to use in order to inform the board or commission of a desire to be heard; to indicate his or her support, opposition, or neutrality on a proposition; and to indicate his or her designation of a representative to speak for him or her or his or her group on a proposition if he or she so chooses; or

(d) Designate a specified period of time for public comment.

(5) If a board or commission adopts rules or policies in compliance with this section and follows such rules or policies when providing an opportunity for members of the public to be heard, the board or commission is deemed to be acting in compliance with this section.

(6) A circuit court has jurisdiction to issue an injunction for the purpose of enforcing this section upon the filing of an application for such injunction by a citizen of this state.

(7)(a) Whenever an action is filed against a board or commission to enforce this section, the court shall assess reasonable attorney fees against such board or commission if the court determines that the defendant to such action acted in violation of this section. The court may assess reasonable attorney fees against the individual filing such an action if the court finds that the action was filed in bad faith or was frivolous. This paragraph does not apply to a state attorney or his or her duly authorized assistants or an officer charged with enforcing this section.

(b) Whenever a board or commission appeals a court order that has found the board or commission to have violated this section, and such order is affirmed, the court shall assess reasonable attorney fees for the appeal against such board or commission.

(8) An action taken by a board or commission which is found to be in violation of this section is not void as a result of that violation."

In Herrin v. City of Deltona,[2] the court acknowledged the enactment of section 286.0114, Florida Statutes, stating that the statute "specifically provides, with limited exceptions, that the public be allowed a reasonable opportunity to be heard on a proposition before a board or commission."

When the language of a statute is clear and unequivocal, the legislative intent may be gleaned from the words used.[3] Moreover, absent a statutory definition, the plain and ordinary meaning of words may be used to determine their effect.[4] The terms "proposition" or "official action" are not defined by the act, nor is there a distinction between official action taken at a formal meeting versus an informal setting, such as a workshop. Given that the Government in the Sunshine Law applies to all meetings of a board or commission at which official acts are to be taken,[5] it would be advisable to adhere to the mandates of section 286.0114, Florida Statutes, when a board or commission is taking official action on a proposition regardless of the formality of the meeting.

It should also be noted that section 286.0114, Florida Statutes, recognizes public participation need not occur at the meeting at which the official action on a proposition takes place as long as the public is allowed to speak before official action is taken and that a board or commission may adopt rules or policies regulating such public participation. In light of the purpose of the statute to allow public participation during the decision-making process on a proposition, it should be liberally construed to facilitate that purpose.[6] This office would suggest, therefore, that when in doubt as to whether the public participation is required, a board or commission should err on the side of allowing the public to do so.

I trust that these informal observations regarding section 286.0114, Florida Statutes, will be of assistance to you. Should you still have concerns about the application of the statute, you may wish to seek legislative clarification.

Sincerely,

Lagran Saunders

Assistant Attorney General

ALS/tsh

[1] See Ch. 2013-227, Laws of Fla. (CS/CS/SB 50).

[2] 121 So. 3d 1094, 1097 (Fla. 5th DCA 2013).

[3] See Holly v. Auld, 450 So. 2d 217, 219 (Fla. 1984), Reino v. State, 352 So. 2d 853, 860 (Fla. 1977); State v. Egan, 287 So. 2d 1, 4 (Fla. 1973); Tallahassee Memorial Regional Medical Center, Inc. v. Tallahassee Medical Center, Inc., 681 So. 2d 826, 830 (Fla. 1st DCA 1996).

[4] See generally Sieniarecki v. State, 756 So. 2d 68 (Fla. 2000) (in absence of a statutory definition, words of common usage are construed in their plain and ordinary sense and, if necessary, the plain and ordinary meaning of the word can be ascertained by reference to a dictionary); In re McCollam, 612 So. 2d 572 (Fla. 1993) (when language of statute is clear and unambiguous and conveys a clear meaning, statute must be given its plain and ordinary meaning). I would note that the legislative history reflected in The Florida Senate Bill Analysis and Fiscal Impact Statement, CS/CS/SB 50, dated March 8, 2013, states that the term "proposition" is not defined by the bill.

[5] See Sarasota Citizens for Responsible Government v. City of Sarasota, 48 So. 3d 755, 764 (Fla. 2010).

[6] Cf. Board of Public Instruction of Broward County v. Doran, 224 So. 2d 693 (Fla. 1969) (statutes enacted for public benefit should be interpreted most favorably to the public); Wood v. Marston, 442 So. 2d 934 (Fla. 1983).