Read the full stored bill text
Florida Senate
-
2026
CS for CS for SB 332
By
the Committees on Governmental Oversight and Accountability;
and Judiciary; and Senator Bradley
585-02770-26 2026332c2
1 A bill to be entitled
2 An act relating to public records and public meetings;
3 creating s. 70.90, F.S.; providing an exemption from
4 public meetings requirements for meetings or portions
5 of meetings between agencies and their attorneys to
6 discuss certain claims concerning private property
7 rights; specifying what may be discussed during such
8 meetings; requiring that such meetings be transcribed;
9 providing that such transcripts become public records
10 at specified times; providing an exemption from public
11 records requirements for transcripts, recordings,
12 minutes, and records generated during the exempt
13 meetings or portions of such meetings; providing for
14 future legislative review and repeal of the
15 exemptions; providing a statement of public necessity;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 70.90, Florida Statutes, is created to
21 read:
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70.90 Public meetings and records regarding a claim under
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the Bert J. Harris, Jr.
,
Private Property Rights Protection
24
Act.—
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(1
) A meeting or portion of a meeting between an agency as
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defined in s. 119.011, or the chief administrative or executive
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officer of an agency, and the agency’s attorney during the 90
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day notice period specified in s. 70.001(4) to discuss claims
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submitted in accordance with that subsection is exempt from s.
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286.011 and s. 24(b), Art. I of the State Constitution, provided
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that:
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(
a) The agency’s attorney shall advise the agency at a
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public meeting that he or she desires advice concerning a claim
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submitted in accordance with s. 70.001(4).
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(b) The subject matter of the meeting must be confined to
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settlement negotiations or strategy sessions relating to a claim
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submitted in accordance with s. 70.001(4).
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(c) The entire session must be recorded by a certified
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court reporter. The reporter shall record the times of
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commencement and termination of the session, all discussion and
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proceedings, the names of all persons present at any time, and
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the names of all persons speaking. No portion of the session may
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be off the record. The court reporter’s notes must be fully
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transcribed and filed with the agency’s clerk within a
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reasonable time after the meeting.
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(d) The agency shall give reasonable public notice of the
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time and date of the attorney-client session and the names of
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persons who will be attending the session. The session must
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commence at an open meeting at which the persons chairing the
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meeting shall announce the commencement and estimated length of
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the attorney-client session and the names of the persons
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attending. At the conclusion of the attorney-client session, the
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meeting must be reopened, and the person chairing the meeting
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shall announce the termination of the session.
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(
e)
The transcript must be made part of the public record
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upon settlement of a claim under s. 70.001, or upon the
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expiration of the statute of limitations for the claim arising
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under this chapter in the event that no litigation is filed and
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there is no settlement of a claim under s. 70.001.
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(2)
Transcripts, recordings, minutes, and records generated
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during an exempt meeting or portion of such a meeting, pursuant
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to subsection (1), are exempt from s. 119.07(1) and s. 24(a),
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Art. I of the State Constitution.
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(3)
This section is subject to the Open Government Sunset
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Review Act in accordance with s. 119.15 and shall stand repealed
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on October 2, 2031, unless reviewed and saved from repeal
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through reenactment by the Legislature.
68 Section 2.
(1) The Legislature finds that it is a public
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necessity that meetings or portions of meetings between an
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agency as defined in s. 119.011, Florida Statutes, or the chief
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administrative or executive officer of an agency, and the
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agency’s attorney during the 90-day notice period specified in
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s. 70.001(4), Florida Statutes, to discuss claims submitted in
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accordance with that subsection be made exempt from s. 286.011,
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Florida Statutes, and s. 24(b), Article I of the State
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Constitution, provided that certain conditions are met. When
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those meetings are conducted in an open meeting, the agency
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cannot effectively review, discuss, and prepare strategies for
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resolution of the claim. Similar meetings regarding ongoing
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litigation are currently confidential. Making these meetings, or
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portions of these meetings, closed to the public encourages
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agencies to reasonably develop negotiation strategies that make
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prelitigation resolution more likely. Requiring meetings
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relating to a Bert Harris claim to be public defeats the purpose
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of having a prelitigation claim process, namely, to foster
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settlement quickly while limiting attorney fees of all parties.
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The public is protected by the requirement that the records of
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the meeting be open once the claim is settled.
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(2) The Legislature finds that it is a public necessity
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that the transcripts, recordings, minutes, and records generated
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during meetings or portions of meetings between an agency as
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defined in s. 119.011, Florida Statutes, or the chief
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administrative or executive officer of an agency, and the
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agency’s attorney during the 90-day notice period specified in
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s. 70.001(4), Florida Statutes, to discuss claims submitted in
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accordance with that subsection be made exempt from s.
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119.07(1), Florida Statutes, and s. 24(a), Article I of the
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State Constitution. Release of such information during
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negotiations or settlement discussions would negate the public
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meeting exemption. As such, the Legislature finds that the
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public record exemption is a public necessity.
102 Section 3. This act shall take effect July 1, 2026.