Special Counsel to Local Government – Weiss Serota Helfman Cole + Bierman

Preliminary Injunction Entered to Prevent Enforcement of Florida’s Overly Intrusive Financial Disclosure Requirements

Weiss Serota Helfman Cole + Bierman — Tue, 11 Jun 2024 18:10:56 +0000

Miami, FL – United States District Court Judge Melissa Damian has entered a preliminary injunction enjoining the members of the Florida Commission on Ethics from enforcing a new requirement that local Mayors and members of municipal elected bodies file a highly intrusive financial disclosure form. For the past 50 years, municipal elected officials have been required to file a Form 1 financial disclosure, which advises the public of the officials’ employers, primary sources of income and major assets.

Last year, Florida enacted a new law that requires municipal elected officials instead to file a Form 6, which requires that elected municipal officials also disclose the amount of their net worth, the amount of their income (including from their primary jobs), the value of each of their assets and the amounts of each liability. These additional disclosures have nothing to do with the officials’ duties and are not relevant in any way to possible breaches of the public trust. Judge Damian found that “it is not apparent from the record that a change from the Form 1 requirement to the Form 6 requirement was necessary nor that SB 774 is substantially related to the State’s identified interests.”

In a lawsuit filed by Weiss Serota Helfman Cole + Bierman, over 170 elected municipal officials from throughout Florida challenged the law as a violation of the First Amendment. Judge Damian ruled that the elected municipal elected officials “have demonstrated a reasonable likelihood that they will succeed on the merits of their claim” and prevented the members of the Commission on Ethics from enforcing the new requirement statewide during the pendency of the lawsuit.

“This is the most intrusive form of financial disclosure that I am aware of in the entire nation, requiring more disclosure of quintessentially personal financial information than is required of the President of the United States, members of Congress and elected officials in every other state,” said Firm Partner and Fort Lauderdale Office Managing Director Jamie A. Cole, the lead attorney representing the plaintiffs. “Most municipal elected officials receive little to no compensation for their public service, yet they are being asked to disclose their precise net worth, income and assets. This legislative overreach has already resulted in the mass resignation of about 125 municipal elected officials and, if allowed, would discourage many others from serving their communities.”

Cole added that the preliminary injunction is a significant step in the plaintiffs’ efforts to ultimately obtain a ruling that the Form 6 disclosure requirements are unconstitutional.

WSHC+B Partners Edward G. Guedes and Anne R. Flanigan, and associate Jeremy Rosner, are co-counsel with Cole in representing the plaintiffs.

Click the links below to see media coverage.

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WSHC+B Files Petition on Behalf of Six School Districts, Challenging State COVID-19 Safety Protocols in Schools

Weiss Serota Helfman Cole + Bierman — Wed, 13 Oct 2021 12:45:45 +0000

WSHC+B’s constitutional law dream team Jamie A. Cole, Edward G. Guedes and Richard Rosengarten are challenging the state’s anti-mask mandate before the Florida Division of Administrative Hearings on behalf of six Florida school districts. The districts argue that the state rule that prevents them from taking basic COVID-19 safety measures based on local conditions is legally invalid.

The six school districts challenging the rule are Miami-Dade, Leon, Duval, Broward, Orange and Alachua.

According to Jamie, the Florida Department of Health’s latest emergency order does nothing to prevent communicable disease. “A rule that says parents have to have the sole discretion to opt their kids out of a mask mandate does not control COVID,” observed Jamie. “If anything, it results in less children wearing masks, which will result in more spread of COVID.”

“The DOH rule challenged in this petition is actually focused not on controlling COVID-19, but rather on protecting parental rights,” reads the case filed by Jamie, Edward and Richard. “The DOH does not have rulemaking authority in this area and thus exceeded its rulemaking authority.”

The division of administrative hearings has assigned Administrative Law Judge Brian Newman to preside over the rule challenge. A final hearing has been scheduled to begin on October 21, 2021.

To read the full petition, click here.

Click the links below to see media coverage.

WTXL: https://www.wtxl.com/news/local-news/leon-county-joins-five-other-school-boards-challenging-state-mask-quarantine-rulings?utm_source=rss&utm_medium=rss

WSVN: https://wsvn.com/news/local/miami-dade/m-dcps-to-relax-covid-19-quarantine-rules-for-middle-school-students/?utm_source=rss&utm_medium=rss

WJCT: https://news.wjct.org/first-coast/2021-10-07/duval-school-board-sues-state-over-mask-mandate?utm_source=rss&utm_medium=rss

WOFL: https://www.fox35orlando.com/news/six-districts-challenge-rule-on-masks-quarantines?utm_source=rss&utm_medium=rss

Tallahassee Democrat: https://www.tallahassee.com/story/news/2021/10/07/six-school-districts-including-leon-challenge-florida-rule-on-masks-quarantines/6037810001/?utm_source=rss&utm_medium=rss

Jacksonville News: https://www.jacksonville.com/story/news/education/2021/10/07/duval-school-board-sues-state-health-department-over-mask-mandate-ban/6034787001/?utm_source=rss&utm_medium=rss

Latin Post: https://www.latinpost.com/articles/152291/20211007/florida-school-board-oks-funding-cuts-sanctions-schools-defying-mask.htm?utm_source=rss&utm_medium=rss

Florida Politics: https://floridapolitics.com/archives/463271-six-school-districts-file-suit-against-states-school-mask-and-quarantine-rules/?utm_source=rss&utm_medium=rss

WFOR: https://miami.cbslocal.com/2021/10/07/six-florida-districts-including-miami-dade-broward-challenge-rule-on-masks-quarantines/?utm_source=rss&utm_medium=rss

WLRN: https://www.wlrn.org/news/2021-10-07/six-florida-school-districts-challenge-rule-on-masks-quarantines?utm_source=rss&utm_medium=rss

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Jamie A. Cole and Edward G. Guedes respond to new executive order in Florida that eases school COVID rules

Weiss Serota Helfman Cole + Bierman — Fri, 24 Sep 2021 14:30:11 +0000

WSHC+B partners, Edward G. Guedes and Jamie A. Cole, discussed the impact of the new Department of Health emergency rule allowing parents to determine whether or not they quarantine their child after being exposed to someone who has tested positive for COVID-19.

The previous emergency rule banning universal mask mandates in schools has become moot after Florida’s new surgeon general, Dr. Joseph Ladapo, issued a new emergency rule putting masking and quarantine decisions at the sole discretion of parents.

The Tampa Bay Times reported that the emergency rule was unveiled to the public in court documents pertaining to a case brought by the school districts in Alachua, Broward, Leon, Miami-Dade and Orange counties. Jamie and Ed, along with firm attorney Richard Rosengarten, are representing the Leon and Miami-Dade School Boards in that matter.

The districts’ challenge to a mask mandate rule ended Wednesday after an attorney representing the state filed a motion to dismiss the case, arguing the case was moot because the new rule had repealed and replaced the earlier challenged rule. The request came two days before the case was set to begin before administrative law judge Brian Newman, who had set aside a week to hear arguments.

The department “did the [new] rule with absolutely no public notice, no hearing, no transparency whatsoever,” observed Jamie. “What is the emergency now that necessitated making this emergency rule?”

Ed raised concerns about the pattern that seemed to be emerging in the state’s approach.

“What’s going to happen the next time” a legal challenge nears its hearing date, Guedes asked. “Are they going to wait until the last minute and say, ‘Oh, we’ve repealed it and here’s another’?”

If that occurs, he observed, the state agency will have engaged in rule-making in a way that evades judicial review.

Click the links below to see media coverage.

MSN: https://link.edgepilot.com/s/7bf8501c/mghaWBum-EuVJPMmi9GO0g?u=https://www.msn.com/en-us/news/us/florida-issues-new-executive-order-easing-school-covid-rules/ar-AAOIa0p&utm_source=rss&utm_medium=rss

Tampa Bay Times: https://link.edgepilot.com/s/a99a73ec/thOdU0CUn0WvBTzaT2na4w?u=https://www.tampabay.com/news/florida-politics/2021/09/22/florida-issues-new-executive-order-easing-school-covid-rules/&utm_source=rss&utm_medium=rss

Miami Herald: https://link.edgepilot.com/s/12881c39/gbnEBWJTVkWsMp7iZ2B7yA?u=https://www.miamiherald.com/news/local/education/article254436773.html&utm_source=rss&utm_medium=rss

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Jamie A. Cole discusses Leon School Board Mask Mandate Policies with ABC 27

Weiss Serota Helfman Cole + Bierman — Wed, 15 Sep 2021 19:40:06 +0000

WSHC+B partner and managing director of the firm’s Fort Lauderdale office, Jamie A. Cole, spoke with ABC 27 about mask mandate policies in schools and the Department of Health rules. Jamie and the firm are representing a number of school districts, including the Leon County School District, with respect to their mask mandate and other COVID policies.

When ABC 27 asked about the Executive Order issued by the Florida Department of Health that gives parents the authority to determine whether or not their child wears a mask at school, Jamie explained that “the Department of Health is only allowed to issue rules to protect against communicable diseases. That portion of the rule does not protect against communicable diseases.”

Jamie continued to explain that parents don’t have a right when it infringes on another parent’s right.

At the time of this interview, the first district court of appeals reinstated Florida’s ability to protect the freedom for parents to decide whether or not their child wears a mask while the court makes their own ruling on the appeal.

The policy in question hinges on how much authority a school district will have going forward on matters of protecting students.

Click here to watch the interview.

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Jamie A. Cole to Represent Leon School Board on Their Mask Mandate Policies

Weiss Serota Helfman Cole + Bierman — Tue, 07 Sep 2021 15:38:36 +0000

WSHC+B partner and managing director of the firm’s Fort Lauderdale office, Jamie A. Cole, will represent Leon County Schools in navigating the legal challenges regarding mask mandates in public schools.

After Superintendent Rocky Hanna instituted a temporary mask mandate for students in pre-Kindergarten through eighth grade, Florida Education Commissioner Richard Corcoran said the state will continue to withhold part of the salaries of superintendents and school board members in counties requiring in-school masks with no parental opt-out.

Cole, along with Firm partner, Ed Guedes, and senior associate, Richard Rosengarten, is also representing the School Board of Miami-Dade on similar matters, but Cole noted that Leon County is different because they began the school year by complying with the state’s interpretation of the emergency rule.

In a letter from Leon County Schools, which Cole assisted in drafting, the district argued it is following the DOH rule based on its language. It stated that to comply with the state’s interpretation of the rule, they would have to ignore CDC guidelines, the Florida state Constitution, and Florida statutes.

School Board members continue to insist that the issue is broader than masks, that this is a battle for home rule and the right of school districts to protect their own children.

In an interview with WFSU Public Media, Cole said “I’ve been fighting for home rule for cities and governments. And if the state or the governor and other state agencies are able to force you to do whatever they say and penalize you personally for doing it or kick you out of office for the way you vote—it goes to the heart of democracy and the separation of powers.”

According to Cole, this is a very difficult spot to be in and school board members are doing what they believe is right for the safety and health of their students.

Click the links below to see media coverage.

Tallahassee Democrat: https://www.tallahassee.com/story/news/2021/09/02/leon-school-board-unanimously-votes-hire-lawyer-fight-desantis/5693841001/?utm_source=rss&utm_medium=rss

WCTV: https://www.wctv.tv/2021/09/03/leon-county-school-board-votes-hire-attorney-gearing-up-legal-fight-over-mask-mandate/?utm_source=rss&utm_medium=rss

WTXL: https://www.wtxl.com/news/local-news/lcs-hires-lawyer-responds-to-corcorans-grave-concerns?utm_source=rss&utm_medium=rss

WTXL: https://www.wtxl.com/news/local-news/lcs-board-takes-extra-steps-to-strengthen-defense-against-corcoran?utm_source=rss&utm_medium=rss

The Famuan: http://www.thefamuanonline.com/2021/09/02/leon-county-school-board-hires-firm-in-fight-with-state/?utm_source=rss&utm_medium=rss

WFSU: https://news.wfsu.org/wfsu-local-news/2021-09-02/leon-school-district-lawyers-up-in-preparation-for-potential-lawsuits-over-its-mask-policy?utm_source=rss&utm_medium=rss

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Edward G. Guedes Discusses the Legal Battles Over School Masks with the Tampa Bay Times

Weiss Serota Helfman Cole + Bierman — Thu, 02 Sep 2021 13:43:04 +0000

In two stories published by the Tampa Bay Times, Edward G. Guedes discussed that potential attempts by legislators to expand the Governor’s powers allowing him to remove appointed superintendents, would violate the Florida Constitution and continue the steady stream of legal challenges to recent legislative and administrative action.

The standoff occurring in school districts across Florida over mask mandates could shift into the Florida Legislature as Republicans consider a session to expand the law that allows for the suspension or removal of superintendents who have opposed the Governor’s order forbidding mandatory face coverings to protect against COVID-19.

“The Legislature cannot come along and suddenly bestow new powers on the Office of the Governor, not when the Constitution specifically speaks to what those removal powers are,’’ said Guedes.

Guedes, who is representing the Miami-Dade County school district, has also asked the Third District Court of Appeal to review the validity of the Aug. 6 Department of Health emergency rule requiring schools to include an opt-out clause in any mask rules they adopt. The Department of Education has invoked the rule in an effort to keep 10 school districts, including Hillsborough County, from imposing mask mandates.

According to Guedes, the Department of Health is supposed to be the agency dealing with communicable diseases and regulating health matters, but its “emergency” rule only offered suggestions on when and how to quarantine and related issues.

The legal challenges by school districts are expected to continue in state and federal courts, as school boards have asked their attorneys to protect their authority to adopt policies they determine to be in the best health and safety interests of students and staff.

Click here and here to read the full articles.

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WSHC+B Attorney Chanae L. Wood is the Recipient of the Diversity, Equity, and Inclusion Award at the upcoming IMLA Annual Conference

Weiss Serota Helfman Cole + Bierman — Fri, 27 Aug 2021 16:21:01 +0000

The firm is pleased to announce that Chanae L. Wood has been recognized by the International Municipal Lawyers Association (IMLA) for her efforts in Diversity, Equity, and Inclusion. Chanae serves as the Chair of the firm’s Diversity and Inclusion Program Committee and speaks often on DE&I matters. In less than a year, what started out as Chanae’s idea for an internal D&I program to foster in-depth conversations and inclusion education among the firm’s attorneys and staff blossomed into a much larger endeavor within the legal community.

Chanae will be officially recognized as the Diversity, Equity, and Inclusion honoree during the IMLA’s 86th Annual Conference taking place in Minneapolis, September 29-October 3, 2021.

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Florida Law Update: Senate Bill 60 – County and Municipal Code Enforcement

Jose L. Arango — Thu, 01 Jul 2021 14:54:39 +0000

On June 29, 2021, CS/SB 60 was signed by Governor DeSantis, becoming effective on July 1, 2021. As of its effective date, municipal and county code inspectors are prohibited from initiating investigations on code violation complaints that were submitted anonymously. Any person who submits such a complaint must provide his or her name and address to the pertinent local government before an investigation occurs. However, this prohibition does not apply if the code inspector has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or imminent destruction of habitat or sensitive resources.

In light of the new law, all code enforcement personnel should be briefed accordingly so that they may make necessary changes in operating procedures.

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Update on Sunshine Law Issues and Public Meetings

Jamie Cole — Fri, 13 Mar 2020 23:06:26 +0000

By: Jamie Cole, Susan Trevarthen, David Tolces, David Wolpin, Chad Friedman, Anthony Soroka and Haydee Sera (Special Counsel to Local Government Practice Group)

In light of the current public health emergency due to COVID-19, government and health officials are recommending that the public avoid any large public gatherings. It is possible that officials may recommend cancellation of all public gatherings. Notwithstanding the recommendation to restrict or cancel public gatherings, a local government’s governing body may still need to hold public meetings to address essential public business.

In anticipation of this possible scenario, and to avoid any uncertainty, on March 3, 2020, our firm requested that Governor DeSantis grant an exemption from Section 286.011, Fla. Stat., so that official acts may be taken during meetings where a quorum of the governing body is only telephonically or electronically present. As of the date of this memorandum, Governor DeSantis has not responded to our request; however, discussions with his office and other state officials regarding this important issue are ongoing. This memo may be updated or revised if we receive further guidance from the state, or based on other developments. At this time, the Florida Legislature continues to meet in person.

In light of the uncertainty regarding a governing body’s ability to meet at a public meeting, we are providing the following guidance to our municipal clients regarding the ability of a governing body to hold public meetings telephonically or electronically (“virtual public meetings”):

Sunshine Law Requirements.

The Florida Constitution requires that public meetings be “open and noticed to the public.” See Article I, Section 24(b) (the “Sunshine Law”). The Florida Legislature is empowered to provide by general law for an exemption of meetings from these requirements, if the law “states with specificity the public necessity justifying the exemption” and “is no broader than necessary to accomplish the stated purpose of the law.” See Article I, Section 24(c).

The Florida Legislature adopted Section 286.011, Fla. Stat., echoing the requirements of the Florida Constitution and requiring meetings to be “open to the public at all times” following the provision of reasonable notice, and requiring the keeping of minutes of such meetings. It has created limited exemptions from the Sunshine Law for meetings related to litigation, security, and collective bargaining. It has not adopted any law addressing meetings during emergencies. Virtual public meetings are not specifically authorized or prohibited by the Florida Constitution or the Florida Statutes, and no caselaw has addressed this issue.

However, the Florida Attorney General has repeatedly opined that in order to comply with Section 286.011, Fla. Stat., a local governing body must have a physical quorum present in order to hold a public meeting at which action may be taken. See, e.g., Attorney General Opinion 2010-34, August 25, 2010. These opinions, however, have been in a non-emergency context.

Restrictions on Public Gatherings

The recommendation to limit public gatherings was issued in response to a public health emergency and state of emergency declared by Governor DeSantis for the State of Florida (Executive Orders 20-51 and 20-52), as well as an emergency declared by both Miami-Dade and Broward Counties during the week of March 9, 2020. The Governor’s Executive Order 20-52 acknowledges that special duties and responsibilities placed on state, regional and local agencies in responding to the emergency may require them to suspend the application of the statutes, rules, ordinances and orders they administer. Section 4(D) of Executive Order 20-52 provides for political subdivisions within the State to “waive the procedures and formalities otherwise required . . . by law pertaining to:

Performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community;
Entering into contracts . . .;
Incurring obligations;
Employment of permanent and temporary workers;
Utilization of volunteer workers;
Rental of equipment;
Acquisition and distribution, with or without compensation, of supplies, materials and facilities; and
Appropriation and expenditure of public funds.”

The Executive Order thus authorizes a local government to take prudent action to ensure the health, safety, and welfare of the community, which could include holding virtual public meetings.

During this declared health emergency, compliance with the physical quorum and public attendance requirements could jeopardize the health of the governing body members and the general public. The declared emergency therefore impedes a governing body’s ability to meet the Attorney General’s guidance under the Sunshine Law. Literal compliance with both the health recommendations and the Attorney General Opinions could prevent the governing body from performing essential public business.

Recommendations For Substantial Compliance with the Sunshine Law During This Emergency

Local governments vary greatly in their population and scope, and a meeting of a small city commission might involve the gathering of only a few dozen persons while a meeting of a larger government might routinely draw more than 100 persons together. The circumstances of these governments will also vary; some governments may have active and documented cases of COVID-19 in or near their jurisdiction while others may not. Technological abilities vary as well. In short, different cities may make different choices in this emergency.

Some cities may desire to hold virtual public meetings in this emergency. In light of the Attorney General opinions and the purpose of the Sunshine Law, in order to conduct essential public business and meet the conflicting demands of this emergency, we believe that a governing body should be allowed to hold a virtual public meeting (with no members physically present) by: (1) properly noticing the meeting, (2) taking minutes, and (3) making the meeting open to the public through technological means that are made available to the public, such as by teleconference or online video-conference.

Matters to be discussed or decided at such a meeting should be limited to essential matters that are related to the public health, safety and welfare. Findings and a record should be made of the specific public necessity justifying the virtual public meeting.

The agenda items should be limited to those public necessities so that the meeting is, as indicated by Section 24(b) of the Florida Constitution, “no broader than necessary to accomplish the stated purpose” of having it as a virtual public meeting. At this time, we would also recommend that no land use or zoning matters requiring public hearings or quasi-judicial hearings should be handled in this manner. These recommended restrictions result in a narrowly tailored virtual public meeting that meets the intent of the Sunshine Law as fully as possible under the circumstances.

The governing body’s steps to substantially comply with the Sunshine Law’s requirements as stated above would allow for the public’s essential business to continue, and provide the public with reasonable, safe access to such a public meeting in conformance with the recommendation to avoid public gatherings.

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COVID-19 a/k/a Coronavirus: What Does It Mean for Florida Local Governments?

Jamie Cole — Sat, 07 Mar 2020 00:15:57 +0000

By: Jamie Cole, Susan Trevarthen and Haydee Sera

As local governments prepare for the effects of COVID-19, it is important to recognize some of the legal challenges and implications presented by the virus for our communities. Here are some questions and answers designed to help you spot the concerns and be prepared for the impacts. Please keep in mind that we are a resource as you navigate the novel issues during this public health emergency.

Question: What do the Governor’s Executive Order No. 20-51 establishing COVID-19 response protocol and directing a public health emergency and the State Surgeon General’s Declaration of Public Health Emergency mean for Florida’s local governments?

Answer: These orders provide procedures for responding to the emergency created by COVID-19. The Department of Health is the lead state agency coordinating emergency response activities among state agencies and local governments. See Section 381.0011(7), Florida Statutes. The public health emergency allows the State Surgeon General to take actions that are necessary to protect the public health. See Section 381.00315, Florida Statutes. These actions may include declaring, enforcing, modifying, or abolishing the isolation and quarantine of persons, animals, and premises.

Question: What do these orders mean for local law enforcement agencies?

Answer: Any Department of Health order issued pursuant to Section 381.00315(4), Florida Statutes, is immediately enforceable by a law enforcement officer. See Section 381.00315(4), Florida Statutes.

Question: Do these orders also bind other local officials?

Answer: Yes. Appropriate city officials also have a duty to assist the Department of Health and its agents with enforcement. See Section 381.0012, Florida Statutes.

Question: What about the impact of this emergency on our municipal employees?

Answer: Taking a proactive approach and keeping an open dialogue with employees can help municipalities to manage this stressful period effectively. Here are our top readiness tips for coping with the creeping cloud of COVID-19:

Communicate early and often. Send internal communications to the workforce on a regular basis and remind employees that their health and safety is of utmost importance. Internal communications may include an explanation of the signs and symptoms of COVID-19, the latest updates on COVID-19 from the Center for Disease Control (“CDC”) and tips from the CDC on preventing the spread of germs and bacteria that could lead to other illnesses, such as the flu or the common cold. If your healthcare program includes a nurse hotline, doctor-on-demand, and/or an employee assistance program, now is a good time to reiterate the availability of these resources.
Create a healthy environment. Although it may sound obvious, municipalities should be taking necessary measures to promote a sanitary work environment. Encourage hand washing (for at least 20 seconds), provide plenty of soap and hand sanitizer, and ensure that your cleaning crew is engaged and well stocked.
Promote remote work and/or alternate work arrangements. As the probability increases that your employees may need to stay home, it is important to ensure that the municipality can remain operational. Develop methods of operating the critical components of the municipality on a remote basis if possible, and ensure that the methods that you currently have in place are up-to-date and functional. If you operate in a unionized environment, familiarize yourself with the existing rights established under any applicable collective bargaining agreement(s) (or past-practices) that might affect the ability of bargaining unit employees to work remotely. All requests received from personnel to work remotely should be treated in a consistent and non-discriminatory manner, while keeping in mind the particular employee’s request; any known or disclosed medical condition(s); your established sick leave policies and any applicable rights created under a bargaining agreement(s); and the employee’s position and job responsibilities.
Disclose exposure. If an employee discovers that they have been exposed to someone who has been diagnosed with COVID-19, they should call ahead to human resources (before coming to city hall) to report this information. However, it is important to maintain the confidentiality of employees’ health-related information. HIPAA remains in effect, notwithstanding any health crisis.
Sick employees should stay home. To the extent your employees feel ill, they should err on the side of not reporting to work where they could potentially expose others. Remind employees of your established procedures for calling out sick. If an employee is unable to reach his/her initial contact, they need to be aware of the next step in communicating their out-of-work status to human resources.
Travel precautions. If your employees are required to travel to locations where there have been confirmed cases of COVID-19, you should consider whether such travel is necessary and/or take steps to provide additional support to such employees.
Plan ahead for less-likely scenarios. Although it may seem unlikely, consider the possibility of temporary closure of the workplace, and prepare an advance plan for the implementation of corresponding procedures.

Question: Are the requirements of the Sunshine Law affected by this emergency?

Answer: Section 286.011, Florida Statutes, requires that all municipal governing body meetings be open to the public. The Florida Attorney General’s Office has consistently interpreted this statute to require the physical presence of a quorum of the members of the local governing board. See Florida AGOs 92-44, 98-28 and 2003-41. In-person local governing board meetings may conflict with future directives from Federal, State or County health officials and could potentially promote further community spread of COVID-19. In light of this, our Firm has requested that the Governor order a limited emergency exemption from Section 286.011(1), Florida Statutes for those communities directly affected by COVID-19, so that a virtual meeting can be held via a teleconference or webinar that is open to public. Click here to view our letter sent to Governor DeSantis.

Question: What about the right to public comment at public meetings?

Answer: Section 286.0114, Florida Statutes, governs the right of the public to be heard at public meetings, and has a limited exception to the right to public comment in certain emergency situations.

Question: How might this emergency affect parks and public facilities?

Answer: Local governments should plan for potential closures of public facilities, parks, golf courses, and beaches. Issues include when to implement closures, how to enforce them, and how to provide notice to the public of the closures – and of the subsequent re-openings. It may be that special events will need to be canceled; accordingly, permits, licenses and rental agreements should be reviewed and any cancellation clauses followed.

Question: What are some recommendations for how to handle mass gatherings in this emergency?

Answer: The World Health Organization’s key planning recommendations for mass gatherings in the context of the current COVID-19 outbreak are at this link. The CDC Guidance on Mass Gatherings or Large Community Events is at this link.

Question: Could the emergency affect the enforceability of government contracts?

Answer: The relevant contractual clauses, such as force majeure, should be interpreted in consultation with the municipal attorney. Particularly important are contracted essential services such as waste management, recycling, building department functions, planning departments, transit and micro-transit services, landscape and general maintenance.

Question: Where can I look for additional information?

Answer: Here are some links to various sources of information about COVID-19 and Florida’s response to it.

march-3-letter-to-governor-link-attachment-to-march-6-post

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