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2021 Informal Opinions Op. Fla. Att'y Gen. [1] (2021)

handle is hein.sag/sagfl0111 and id is 1 raw text is: Florida Attorney General
Advisory Legal Opinion
Number: INFORMAL
Date: January 28, 2021
Subject: In-person Quorum-School Board Advisory Meetings
Ms. Barbara J. Myrick, General Counsel
The School Board of Broward County, Florida
600 S.E. Third Avenue, 11th Floor
Fort Lauderdale, Florida 33301
Dear Ms. Myrick,
This office has received your inquiry of November 4, 2020 on behalf of the School Board
of Broward County, Florida, asking substantially the following question:
May a district school board's advisory committee meet remotely through
communications media technology and without the requirement of an in-person quorum
at a physical meeting location?
Because advisory committees are part of the district school board organization,1 unless
and until legislatively or judicially determined otherwise, I conclude that the statutory
requirement of an in-person quorum at a physical meeting location that applies to the
School Board in conducting its business also applies to a school board advisory
committee in carrying out its delegated duties.2
Background Facts
The School Board's inquiry is prompted by the expiration of Executive Order 20-69,3 in
which Governor DeSantis had exercised his authority, during the declared Covid-19
pandemic emergency,4 to suspend any Florida Statutes that require a quorum of a local
government body to be physically present in one location for it to conduct official
business.5 The same executive order suspended any requirement that a local
government body meet at a specific public place, and also authorized local government
bodies to utilize communications media technology to conduct public meetings.6 You
state that, during the time that Executive Order 20-69 was effective, advisory
committees of the Board met remotely through means of communications media
technology and without an in-person quorum. The School Board now asks if, in the
absence of the effective suspension of any requirement that a quorum be physically
present, its advisory committees must have an-person quorum in one physical meeting
location to conduct business.

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