CS/HB 439 Summary

• Expands the exemption from public meetings requirements under Florida Statutes section 286.011 to allow state agencies, county and municipal entities, and their chief administrative officers to meet privately with their attorneys to discuss imminent litigation.

• Requires the entity's attorney to identify the name of the potential claimant or litigant at a public meeting before discussing imminent litigation in private.

• Mandates that private meetings be recorded by a certified court reporter with complete transcripts filed with the entity's clerk, with no off-the-record portions allowed.

• Specifies that transcripts become public upon conclusion of the litigation, or if imminent litigation does not commence, within a reasonable time after the underlying matter is resolved or the statute of limitations expires, whichever occurs first.

• Defines litigation as "imminent" when the entity receives notice of a claim or demand threatening litigation, and subjects the exemption to the Open Government Sunset Review Act with repeal scheduled for October 2, 2023, unless reenacted by the Legislature.