Your Right to Be Heard at Public Meetings
Speak up!
Public comment is an essential part of local democracy, but it’s not unconditional
The right to be heard at local government meetings is enshrined in Florida law:
Members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission.
Restrictions on the Right to be Heard
There are limits to this right. For example, governments can set rules to keep order and are not required to allow public comment at the same time voting occurs:
The opportunity to be heard need not occur at the same meeting at which the board or commission takes official action on the proposition if the opportunity occurs at a meeting that is during the decisionmaking process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action. This section does not prohibit a board or commission from maintaining orderly conduct or proper decorum in a public meeting. The opportunity to be heard is subject to rules or policies adopted by the board or commission . . . .
Section 286.0114, Florida Statutes (Emphasis added)
Likewise, cities and counties have put limits on public comment in the following situations:
Emergencies
Ordinances (a kind of legislation that requires 2 public meetings to adopt)
Workshops (a kind of public meeting where no votes will be taken)
Certain advisory board meetings or executive sessions may also be exempt from the requirement to allow public comment. For more, see the Government-In-The-Sunshine Manual below.
Pro Tip: if there’s an item you really want to speak on, try requesting a “time certain” from your clerk or mayor. This will ensure that the item comes up at a specific time along with an opportunity to be heard.
Open to the Public = Open to All?
There is some grey area about whether being “open to the public” means open to everyone. So far, no court has squarely resolved whether keeping one person out of a meeting would void all actions taken at the meeting.
However, in 1995, a court ruled that a procurement committee improperly asked bidders to excuse themselves from each other’s presentations.
Similarly, Florida’s Attorney General has stated that the employees of a public agency are also members of the public, meaning that they cannot be kept from public meetings. Still, this does not stop a board from using its powers to enforce decorum.
Enforcing the Right to be Heard
Florida’s circuit courts can issue injunctions to enforce the right to be heard. But that does not void a board or commission’s action, even if the right to be heard was violated.
Likewise, local governments can adopt rules regarding public comment. If the government later follows those rules - even to cut public comment short - it is usually deemed to be complying with state law.
For additional information, check out our explainer on Florida’s Sunshine Law.
Want to learn more?
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