Please define FL 720 Right to Speak Statute

Dana,
Membership meetings are all of the meetings at which the Board is meeting to conduct business except the annual meeting. That is a different horse, at which usually an election takes place, which is the only required meeting per Statutes 618, Not for Profit Corporation Stautes.

The Statutes say that any member is entitled to speak for 3 minutes IF they have submitted a written request prior to the meeting AND it is addressing any item that is on the agenda or is open for discussion per directions from the Board.

So your President is in error with the statement that no one can speak at the meetings. Copy the Statutes for him. He just has his idea backwards on meetings and annual meeting allowances. Unless your Bylaws state otherwise, dissallowing the membership time to address the Board, members must be allowed to speak. For what reason does he not want his membership to be allowed to speak? That's not a very wise policy on his part.

The 2011 Florida Legislative session has changed the following statute:
Specifically, HB1195 states:

(2) BOARD MEETINGS.- (b) Members have the right to attend all meetings of the board and to speak on any matter placed on the agenda by petition of the voting interests for at least 3 minutes. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak.

The text of the bill has deleted the last part of sentence one from ...and to speak.... and have added the complete sentence two.

In summary, §F.S. 720.303(2)(b)
 Deletes requirement that members must petition the Board in order to speak at Board meetings
 Provides members with the right to speak at Board meetings with reference to all designated items

However, the existing FS 720.306 states:

6) RIGHT TO SPEAK.--Members and parcel owners have the right to attend all membership meetings and to speak at any meeting with reference to all items opened for discussion or included on the agenda. Notwithstanding any provision to the contrary in the governing documents or any rules adopted by the board or by the membership, a member and a parcel owner have the right to speak for at least 3 minutes on any item, provided that the member or parcel owner submits a written request to speak prior to the meeting. The association may adopt written reasonable rules governing the frequency, duration, and other manner of member and parcel owner statements, which rules must be consistent with this subsection.

As you will note, 306 still retains the reference to the minimum 3 minute limit on speaking at meetings and also the requirement to petition the Board to speak prior to the meeting. I cannot see anything in the language that would negate the effect of this requirement contingent on another act.

I am uncertain how to advise Members about the change in speaking at meetings since these two statutes appear to be in conflict. Can anyone provide some insight or advice?

I agree with Mary. Board meetings are meetings of Board members which are open to members. Membership meetings are meetings such as the annual meeting of members and special membership meetings. There are different requirements for notice of membership meetings and are referred to in separate sections of Chapter 720.

Carolyn