(a) Intent. The intent of this code section is to ensure that information and decisions made by the town commission, planning and zoning board, and board of adjustment meetings are available for the public in a timely manner, unless there is a significant public policy to the contrary or unless the minutes have been derived from a meeting permitted to be closed to the public by state law.
(b) Definition. Unless the context of usage shall affirmatively and clearly indicate to the contrary, the following terms as set forth in this section shall be defined as set forth herein:
AUDIO RECORDING. A recording made by the town government of a meeting, in whole or in part, which reproduces and preserves only the audio sounds and vocalizations occurring at said meeting.
MINUTES. The term “minutes” shall mean and refer to a brief summary or series of brief notes or memoranda of a proceeding or transaction at meetings of the town commission or town boards. The minutes are intended to describe what was done at a meeting. The term shall not refer to a word for word or verbatim transcript of a proceeding or an audio or video recording of a meeting.
VIDEO RECORDING. A recording made by the Town government of a meeting, in whole or in part, which reproduces and preserves the video
pictures, or video and audio sounds and vocalizations, occurring at said meeting.
Editor’s note:
Town Commission's Intent: This definition is derived from opinions of the state Attorney General, including A.G.O. 82-47 and 75-45, as well as Robert's Rules of Order. Newly Revised (9th ed.)
(c) Content of minutes.
(1) The minutes should never reflect the opinion of the person drafting the minutes (such as the Town Clerk or a board secretary), favorable or otherwise, on anything done at a meeting.
(2) The minutes shall include:
(A) a reference to the type of meeting held: regular, special, workshop, etc.;
(B) the name of the town commission, board, or otherwise holding the meeting;
(C) the date of the meeting, the time at which the meeting was called to order, and the location at which the meeting was held;
(D) the name of the person presiding at the meeting, as well as the names of all members of the commission, board, or other group at the meeting, the names of appointive town officers present, the name of the person taking minutes at the meeting, the names of all members of the commission, board, or other group absent from the meeting, and, if appropriate, whether the absent individual was excused from attendance;
(E) whether any draft minutes of previous meetings were presented, any corrections or amendments made to the draft minutes, and the vote by which the draft minutes were approved;
(F) the minutes shall be prepared in a manner and with separate sections and titles for each item that corresponds to the title and item number as presented on the official agenda for the meeting. However, the order of separate agenda items and sections shall be ordered in the minutes in the order in which the individual items were discussed at the meeting rather than the order in which the agenda listed the items for discussion;
(G) each motion made by a commissioner or board member, which motion shall recite the wording in which each motion was adopted, withdrawn, or otherwise acted or disposed of;
(H) the name of the person making or seconding the motion, whether procedural or substantive in nature;
(I) any nominations made as well as the name of the person making the nomination;
(J) the vote upon each motion. On final passage of an ordinance by the town commission, the vote of each member shall be recorded in the minutes;
(K) the name of any member abstaining from voting and the reason for the abstention. State commission on ethics voting conflict of interest forms filed by a commission or board member shall be incorporated in the minutes;
(L) the name and, if possible, the address of each person addressing the town commission or board and a brief synopsis of the general nature of the statement that said person made to the town commission or board;
(M) the name and subject of any guest speakers; and
(N) the signature of the town clerk or other board secretary preparing the minutes and of the presiding officer should be placed at the end of the minutes after the minutes are in final form and have been approved.
(3) The minutes may have attached to the minutes an explanation of why a member of the town commission voted in a particular manner. Said explanation shall not be subject to a vote by the other commissioners and shall not exceed 250 words. The explanation must be submitted by the agenda closing date for the meeting at which approval of the minutes to which the statement is to be attached shall be considered by the town commission. Said explanation shall not contrast the commissioner''s vote with other members of the town commission. Said explanation shall show respect for the position of other commissioners and shall merely explain why the commissioner voted as he or she did. The explanation may be expunged from the minutes and maintained as a separate public record by a majority vote of the commission for failure to adhere to this paragraph.
(4) A copy of the agenda for the meeting shall be maintained as a cover sheet with each set of approved meeting minutes.
(d) Posting and preparation of minutes.
(1) Posting of draft minutes.
(A) Unless the minutes have been derived from a meeting permitted to be closed to the public by state law, a draft of minutes from town commission, planning and zoning board, and board of adjustment meetings should be posted, if possible, on the town web-site on the world wide web within five town business days after the date of the meeting, provided that any portion of the minutes deemed potentially adverse to the welfare of the town by the town clerk or town attorney may be deleted from the version of the minutes posted on the town web-site until the matter is considered by the town commission or other board at the time of approval of the minutes. The minutes shall be conspicuously labeled as “DRAFT MINUTES – These minutes are not official until approved by the “[insert name of approving commission or board].” Draft minutes shall be considered to be a public record once they have been completed by the town clerk or applicable board secretary.
(B) If the town clerk, town manager, or the town commission determines that minutes of a particular meeting are critical to a debate on an upcoming town commission agenda, the town clerk shall attempt to prepare draft minutes and distribute them to the town commission prior to the meeting, unless excused from doing so by the mayor. Draft minutes shall be considered to be a public record once they have been completed by the town clerk.
(2) Posting of approved minutes. Unless minutes have been derived from a meeting permitted to be closed to the public by state law or unless technical difficulties exist in the preparation of the minutes, approved minutes (as approved by the commission or board from which the minutes are derived) from town commission, planning and zoning board, and board of adjustment meetings shall be posted on the town web-site on the world wide web within three business days after the date of the meeting at which the minutes were finally approved. Minutes derived from a meeting permitted to be closed to the public by state law need not be posted on the town web-site unless affirmatively so required by the government-in-the-sunshine act, § 286.011(2), Fla. Stat.
(e) Audio or video recordings of town commission or board meetings.
(1) Video recordings of town commission or board meetings shall not be required to be made by the town.
(2) Audio recordings of town commission, planning and zoning, board of adjustment, or code enforcement special magistrate meetings should be made, unless:
(A) the meeting is closed to the public and exempt from the government-in-the-sunshine act, § 286.011(2), Fla. Stat.;
(B) technical difficulties make it infeasible or impractical to have an audio recording; or
(C) the town commission votes affirmatively to excuse the audio recording of a meeting, if permitted by the public records law, Ch. 119, Fla. Stat.
(3) Posting of audio recordings on town website . The audio recording of town commission, planning and zoning board, and board of adjustment meetings should be posted on the town web-site on the world wide web within 48 hours after the date of the meeting, Saturdays, Sundays and town holidays excluded. Audio recordings of code enforcement special magistrate meetings are not required to be posted on the town web-site.
(f) Significance of minutes of town commission or board meetings.
(1) Minutes are required by the government-in-the-sunshine act, § 286.011(2), Fla. Stat. Minutes shall provide a summary of events that transpired at a meeting but need not be verbatim, word for word transcripts of a meeting. Minutes shall include any statements, or portions thereof, or a summary thereof, that the town commission, board, town attorney, or board attorney asks to be included in the minutes for the purpose of clarifying the intent of the town commission or board members.
(2) While video or audio recordings may be used to record a meeting in toto, written, draft minutes of such meeting must be prepared, unless the meeting is held in executive session and excused by a reasonable reading of the government-in-the- sunshine act, § 286.011(2), Fla. Stat. Written minutes are intended to provide a summary of a meeting which, when unclear on any point or when a reader of the minutes desires additional information, may be clarified by resort to an audio, or video (if any), recording of a meeting. The written minutes and tape or audio recordings must be preserved and retained and shall not be disposed of, except in compliance with the provisions of §§ 119.021 and 257.36, Fla. Stat., provided that tape or audio recordings must be maintained for at least ten years, or until said recordings shall dissipate through natural processes so as to be substantially indiscernible, whichever event shall first occur. Any such tape or audio recording of a public meeting constitutes a public record within the definitional purview of the state’s public record law in Ch. 119, Fla. Stat. and is thereby subject to public inspection thereof, unless state or federal law provides that said tape or audio recording is exempt from the state’s public record law or otherwise confidential.
(Ord. 2001-01, adopted 3-16-11; Am. Ord. 2020-05, adopted 10-21-20)
Editor’s note:
Town commission's intent: Portions of this language is derived from an opinion of the state Attorney General in A.G.O. 75-45.