Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #:     HB 191 Town of Orchid, Indian River County
SPONSOR(S): Brackett
TIED BILLS:       IDEN./SIM. BILLS:
    REFERENCE                                                     ACTION               ANALYST             STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF
    1) Local Administration, Federal Affairs & Special            15 Y, 0 N            Burgess             Darden
       Districts Subcommittee
    2) Ethics, Elections & Open Government                        17 Y, 0 N            Skinner             Toliver
       Subcommittee
    3) State Affairs Committee                                    18 Y, 0 N            Burgess             Williamson
                                              SUMMARY ANALYSIS
A local government must hold its public meetings within its jurisdictional boundaries, unless specifically
authorized by the Legislature to hold such meetings elsewhere. Municipalities with a population of 500 or fewer
residents may hold public meetings outside of their boundary at a time and place prescribed by ordinance or
resolution. Public meetings under this provision must be held within five miles of the exterior jurisdictional
boundary of the municipality. As of April 1, 2023, there were 45 municipalities with estimated populations of
500 or fewer residents.
The Town of Orchid (Town) in Indian River County was incorporated in 1965. The Town does not own any
meeting facilities within its jurisdictional limits and currently conducts public meetings in a room at a privately-
owned golf club within its municipal boundaries. As of April 1, 2023, the Town had an estimated population of
531 people.
The bill creates an exception to general law allowing the Town to hold public meetings within five miles of its
exterior jurisdictional boundary as long as its population does not exceed 1,250 people.
According to the economic impact statement, the bill will increase Town expenditures by $1,500 in Fiscal Year
2024-25, as the Town will need to purchase seating and other furnishings for conducting meetings .
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. The provisions of House Rule 5.5(b) appear
to apply to this bill.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0191e.SAC
DATE: 1/17/2024
                                                         FULL ANALYSIS
                                                    I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Present Situation
         Public Meetings
         The Florida Constitution requires all meetings of any collegial public body of the executive branch of
         state government or any collegial public body of a county, municipality, school district, or special
         district, at which official acts are to be taken or at which public business of such body is to be
         transacted or discussed, be open and noticed to the public. 1 The Legislature, however, may provide by
         general law an exemption2 from public meeting requirements provided that the exemption passes by a
         two-thirds vote of each chamber, states with specificity the public necessity justifying the exemption,
         and is no broader than necessary to meet its public purpose. 3
         Current law also addresses public policy regarding access to government meetings by further requiring
         all meetings of any board or commission of any state agency or authority, or of any agency or authority
         of any county, municipality, or political subdivision, at which official acts are to be taken, to be open to
         the public at all times, unless the meeting is exempt.4 The board or commission must provide
         reasonable notice of all public meetings.5 Public meetings may not be held at any location that
         discriminates on the basis of sex, age, race, creed, color, origin, or economic status or that operates in
         a manner that unreasonably restricts the public’s access to the facility. 6 Minutes of a public meeting
         must be promptly recorded and open to public inspection. 7 Failure to abide by public meeting
         requirements will invalidate any resolution, rule, or formal action adopted at a meeting.8 A public officer
         or member of a governmental entity who violates public meeting requirements is subject to civil and
         criminal penalties.9
         Extra-territorial Public Meetings of Small Municipalities
         The Florida Constitution provides that a municipality may exercise power outside of its boundaries only
         as authorized by the Legislature in a general or special law. 10 For instance, in 2008, the Legislature
         authorized the city council of the City of Belleair Beach to hold its meetings outside of the municipality’s
         boundaries at such time and place as prescribed by ordinance, resolution, or interlocal agreement. 11
         The city council was encouraged to hold its meetings in close proximity to the people it serves. 12 In
         2011, due to the number of situations in which small municipalities did not have the proper facilities
         available to hold public meetings, the Legislature permitted municipalities with populations of 500 or
         fewer residents to hold public meetings within five miles of their exterior jurisdictional boundaries.13
         Prior to this statutory authorization, several Attorney General Opinions indicated municipalities lacked
         statutory authorization to hold public meetings outside of their jurisdiction and, without such statutory
         authorization, acts and proceedings at meetings held outside the municipal jurisdiction were void. 14
1
  Art. I, s. 24(b), FLA. CONST.
2 A public meeting exemption means a provision of general law which provides that a specified meeting, or portion thereof, is n ot
subject to the access requirements of s. 286.011, F.S., or s. 24, Art. I of the Florida Constitution. See s. 119.011(8), F.S.
3 Art. I, s. 24(c), FLA. C ONST.
4 S. 286.011(1), F.S.
5 Id.
6 S. 286.011(6), F.S.
7
  S. 286.011(2), F.S.
8 S. 286.011(1), F.S.
9 S. 286.011(3), F.S.
10 Art. VIII, s. 2(c), FLA. C ONST.
11 Ch. 2008-286, Laws of Fla.
12
   Id.
13 Ch. 2011-147, Laws of Fla., codified as s. 166.0213, F.S.
14 08-01 Op. Att’y Gen. Fla. 1 (2008). Also see 03-03 Op. Att’y Gen. 1 (2003); 75-139 Op. Att’y Gen. 1 (1975).
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DATE: 1/17/2024
         As of April 1, 2023, there were 45 municipalities with estimated populations of 500 residents or fewer.15
         Town of Orchid
         The Town of Orchid (Town) in Indian River County was incorporated in 1965.16 As of April 1, 2023, the
         Town had an estimated population of 531 residents.17 In 1985, the Deerfield Groves Partnership
         purchased a significant portion of the land within the municipal boundaries to expand its grapefruit
         operations.18 This was followed by a sale to Orchid Island Association Ltd. in 1987 for the purpose of
         establishing a luxury gated community centered around a golf course. The Town adopted a revised
         charter in 1988.19
         The original plan of development for the Town included a town hall, but today the Town is mostly built
         out with few remaining parcels.20
         The Town does not own any meeting facilities within its jurisdictional limits that can accommodate
         larger meetings, such as the Town Council meetings. The Town currently holds its public meetings in
         the Sandpiper Room at the Orchid Island Golf & Beach Club within the municipal boundaries.21
         According to a statement by the mayor, the club currently offers the Town space to hold public
         meetings free of charge, but may not do so in the future.22 Additionally, the popularity of the venue
         results in difficulty scheduling public meetings.
         Effect of Proposed Changes
         The bill provides findings that the Town currently owns no public meeting facilities within its boundaries
         and has no reasonable prospect of doing so in the future. The bill provides an exception to general law
         authorizing the Town to hold public meetings within five miles of its exterior jurisdictional boundary as
         long as its population does not exceed 1,250 people.
         According to the economic impact statement, the bill will increase Town expenditures by $1,500 in
         Fiscal Year 2024-25, as the Town will need to purchase seating and other furnishings for conducting
         meetings.
     B. SECTION DIRECTORY:
        Section 1:        Provides legislative intent and exception to general law for the Town to hold public
                          meetings outside of its jurisdictional boundary subject to certain conditions.
        Section 2:        Provides an effective date of upon becoming a law.
                               II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
     A. NOTICE PUBLISHED?              Yes [X]      No []
        IF YES, WHEN?             August 18, 2023
15 Bureau of Economic and Business Research, Florida Estimates of Populations 2023, https://www.bebr.ufl.edu/wp-
content/uploads/2023/12/estimates_2023.pdf (last visited Jan, 5, 2024).
16 Town of Orchid, Incorporation of the Town of Orchid, https://www.townoforchid.com/community/page/incorporation-town-orchid (last
visited Jan. 5, 2024).
17 Bureau of Economic and Business Research, Florida Estimates of Populations 2023, https://www.bebr.ufl.edu/wp-
content/uploads/2023/12/estimates_2023.pdf (last visited Jan. 5, 2024).
18
   Town of Orchid, Development of the Town, https://www.townoforchid.com/community/page/development-town (last visited Jan. 5,
2024).
19 City of Orchid Ordinance No. 88-01 (Sept. 20, 1988).
20 See Town of Orchid, Development of the Town, https://www.townoforchid.com/community/page/development-town (last visited Jan.
5, 2024); Town of Orchid, Recent History, https://www.townoforchid.com/community/page/recent-history (last visited Jan. 5, 2024).
21
   Samantha Baita, Site of Orchid’s new Town Hall on island seen ideal fit, Vero News (Oct. 5, 2023),
https://veronews.com/2023/10/05/site-of-orchids-new-town-hall-on-island-seen-ideal-fit/ (last visited Jan. 5, 2024).
22 Economic Impact Statement for HB 191 (2024).
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DATE: 1/17/2024
       WHERE?                 The Indian River Press Journal, a daily newspaper of general circulation
                              published in Indian River County, Florida.
   B. REFERENDUM(S) REQUIRED?              Yes []     No [X]
       IF YES, WHEN?
   C. LOCAL BILL CERTIFICATION FILED?               Yes [X]    No []
   D. ECONOMIC IMPACT STATEMENT FILED?                   Yes [X]       No []
                                                 III. COMMENTS
   A. CONSTITUTIONAL ISSUES:
       None.
   B. RULE-MAKING AUTHORITY:
       The bill neither requires nor provides authority for agency rulemaking.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
       on the Special Order Calendar for expedited consideration. The provisions of House Rule 5.5(b) appear
       to apply to this bill.
                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   None.
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DATE: 1/17/2024