Local governments throughout the Sunshine State, with its open records law, moved closer to being required to hear from their residents before voting on any topic.
The Senate Rules Subcommittee on Ethics and Elections on Wednesday supported SB 206, by Sen. Joe Negron, R-Stuart, to require boards and commissions to hear from residents during the discussion phase.
Negron is trying to reverse, through the legislative process, a 1st District Court of Appeal ruling from 2010 that declared the public does not have a right, by law, to speak at meetings.
I regret this is necessary, said Negron.
In 2010, the three-judge panel backed a lower court ruling against a group of residents who claimed they were denied a chance to address the Pensacola nonprofit Community Maritime Park Associates concerning the waterfront park.
The appeal court found that the states Sunshine Law didnt guarantee citizens the right to be heard at meetings.
"Although the Sunshine Law requires that meetings be open to the public, the law does not give the public the right to speak at the meetings," the court ruled. "Appellants have failed to point to any case construing the phrase 'open to the public' to grant the public the right to speak. Rather, we agree with the trial court that the remedy appellants are seeking in this case is more appropriately left to the legislative process or the local public officials."
Floridas Supreme Court declined to take up a further appeal.
Negron, an attorney, said he agreed the courts made the correct ruling based on the existing law.
Under Negrons proposal, the opportunity to be heard doesnt have to occur at the same meeting that action is being taken, but at a meeting during the decision-making process.
The need for public comment would be waived if the requirement interfered with a public health or safety emergency or when the board or commission is acting in a quasi-judicial capacity.
In voting against the bill, Sen. Steve Oelrich, R-Gainesville, said the law could create an instant appeal process through lawsuits by those who are not allowed to speak.
Im afraid were opening a Pandoras box that may be difficult to shut, Oelrich said.
A similar effort by Negron failed in the 2011 session.
The Florida League of Cities expressed opposition Wednesday, noting that most governments already have rules in place to address public comments.
Kraig Conn, lobbyist for the Florida League of Cities, said the bill could be interpreted to prohibit the board or commission or a fire marshal from limiting the number of those attending a meeting.
"Let cities account to their own constituents," Conn said.
Sen. Don Gaetz, R-Niceville, called Conn's comments a "vague fear."
"I dont see anything in the bill that revokes the authority of a chairman to maintain proper decorum if the meeting turns into a rout," Gaetz said.
Negron said there doesnt appear to be a problem with the vast majority of governments in allowing the public to be heard, but he noted that where people have complained is at special districts.
Gov. Rick Scott has said he wants to take a close look at the 1,600 special taxing districts across the state -- as he did the water management districts last year -- that proliferate across Florida and collectively impose $15.5 billion in taxes.
They just blankly said they dont want to hear from the public, Negron said.
Asked if 300 people show up, should everyone be given a right to speak, Negron responded that the time and number of speakers can be limited, but you cant simply say, 'you dont have a right to talk.'
Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.
