Sunshine Law: Who Does Florida's Law Apply To?

Florida's Government in the Sunshine Law, commonly called the Sunshine Law, was enacted in 1967 and guarantees the right of access to governmental proceedings at both the state and local levels. The law applies to any gathering of two or more members of the same board to discuss a matter that will come before that board for action. It applies to public collegial bodies within the state at both the local and state levels, covering elected or appointed boards or commissions. The Sunshine Law also applies to members-elect of public boards or commissions, who are covered by the law immediately upon their election.

Public access to meetings

Florida's Government in the Sunshine Law, commonly called the Sunshine Law, was enacted in 1967. It applies to most meetings of boards, commissions, and other governing bodies of state and local governmental agencies or authorities. The law requires that all meetings of any state, county, or municipal board or commission in Florida be open to the public. This includes elected officials and members-elect of public boards or commissions, who are covered by the law immediately upon their election.

The Sunshine Law defines a "meeting" broadly, including any gathering, whether formal or casual, of two or more members of the same board or commission to discuss a matter on which foreseeable action will be taken. The law ensures that the entire decision-making process is open to the public, not just the final vote.

There are limited exemptions that allow for closed meetings, such as certain discussions with an agency's attorney over pending litigation, portions of collective bargaining sessions, and when making probable cause determinations or considering confidential records. However, even in these cases, specific procedures must be followed to ensure transparency, and any actions taken during closed meetings are not considered binding.

The Sunshine Law also requires that reasonable notice of public meetings be given, and that minutes of the meetings be taken and made available for public inspection. Public agencies are allowed to adopt reasonable rules to ensure the orderly conduct of meetings, including limiting the time for individuals to speak and requesting that a representative of each side of an issue speaks when many people are in attendance. Citizens are permitted to use nondisruptive video recording devices to record public meetings.

Public access to records

Florida's Government-in-the-Sunshine Law, commonly called the Sunshine Law, was enacted in 1967 and can be found in Chapter 286 of the Florida Statutes. The Sunshine Law provides a right of access to governmental proceedings at both the state and local levels. It applies to any gathering of two or more members of the same board to discuss a matter that will foreseeably come before that board for action.

The Sunshine Law requires that meetings of boards or commissions must be open to the public, that reasonable notice of such meetings must be given, and that minutes of the meeting must be taken. The law applies to "any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision." Thus, it applies to public collegial bodies within the state at both the local and state levels. It applies equally to elected or appointed boards or commissions.

The Sunshine Law defines a "meeting" broadly, and it is not confined to "formal" assemblages at which a ritualistic vote takes place. The legislature intended to make the entire decision-making process open to the public by enacting the Sunshine Law. The law also applies to members-elect of public boards or commissions, who are covered by the Sunshine Law immediately upon their election to public office.

The public has a right to access and inspect public records, which are defined as all materials made or received by an agency in connection with official business, including not just traditional written documents but also tapes, photographs, films, sound recordings, and records stored in computers. These records are subject to inspection unless a statutory exemption exists. To request public documents, individuals can make a request over the phone or in writing, and they are not required to disclose the reason for their request. Unless otherwise exempted, a custodian of public records must honor the request, provided the required fees are paid. The law provides that the custodian shall furnish a copy of public records upon payment of the prescribed fee, which is typically up to 15 cents per one-sided copy for copies that are 14" x 8 1/2" or less.

There are some exemptions to the Sunshine Law, outlined in the Sunshine Review Act of 1995, which states that an exemption must fit within three categories of identifiable public purposes and must be seen as compelling enough to override the presumption of openness. Federal agencies operating in Florida are also not covered by the Sunshine Law.

Exemptions to the Sunshine Law

Florida's Government-in-the-Sunshine Law, commonly called the Sunshine Law, was enacted in 1967. It requires that all meetings of any state, county, or municipal board or commission in Florida be open to the public, and declares that actions taken at closed meetings are not binding. The Sunshine Law applies to public collegial bodies within the state at both the local and state levels.

While the Sunshine Law is far-reaching, there are some exemptions. The Sunshine Review Act of 1995 applies to meetings and outlines that an exemption must fit within one of three categories of identifiable public purposes and be seen as compelling enough to override a strong presumption of openness.

There are a limited number of exemptions that would allow a public agency to close a meeting. These include certain discussions with the board's attorney over pending litigation and portions of collective bargaining sessions. In addition, specific portions of meetings of some agencies may be closed when those agencies are making probable cause determinations or considering confidential records.

The Sunshine Law also includes restrictions on private communication. Board members are prohibited from using telephone conversations, social media platforms, email, or text messages to conduct private discussions regarding board business. While individual discussions between board members and staff or non-board members are permissible, these individuals may not serve as intermediaries to relay information between board members.

Finally, any resolution, rule, regulation, or formal action must be conducted and ratified during an open meeting to be considered legally binding.

Private communication restrictions

Florida's Government in the Sunshine Law, commonly known as the Sunshine Law, was enacted in 1967. The law applies to all meetings of any state, county, or municipal board or commission in Florida and requires that they be open to the public.

The Sunshine Law places several restrictions on private communications between board members. Here are the key points:

• Prohibition on Private Discussions: Board members are prohibited from using private channels such as telephone conversations, social media, email, or text messages to discuss board business. This restriction aims to prevent decisions being made behind closed doors.
• Intermediaries Not Allowed: While individual discussions between board members and staff or non-board members are allowed, these individuals cannot act as intermediaries to convey information between board members. For example, a board member cannot ask staff to poll other board members on their opinions about a specific issue.
• Gathering Requirement: The Sunshine Law applies to any gathering, formal or informal, where two or more board members discuss matters that may lead to foreseeable action by the board. This means that even casual conversations or electronic communications about board business are subject to the law.
• Transparency and Accountability: The law ensures transparency and accountability by requiring binding actions and decisions to be made during open meetings. Any resolutions, rules, regulations, or formal actions must be conducted and ratified in public to be considered legally binding.
• Penalties for Violations: The Sunshine Law enforces penalties for violations, including misdemeanours and fines. Individuals found in breach of the law may face legal consequences as outlined in the statutes governing public access to governmental proceedings and records.

Penalties for violations

Florida's Government in the Sunshine Law, commonly known as the Sunshine Law, was enacted in 1967. It applies to all meetings of any state, county, or municipal board or commission in Florida. The Sunshine Law requires that these meetings be open to the public, and it declares that actions taken at closed meetings are not binding.

The Sunshine Law enforces penalties for violations, including misdemeanours and fines. If a board member, commissioner, or similar knowingly violates the Sunshine Law, they are likely guilty of a second-degree misdemeanor, which can include 60 days of imprisonment and a fine of up to $500.

In addition to criminal penalties, there are other consequences for violating the Sunshine Law. An individual found in breach of the law may be removed from office or suspended. The Governor of Florida may suspend elected or appointed officials who are indicted for misdemeanour violations arising from their official duties. If an individual is convicted of, or pleads guilty or nolo contendere to, a misdemeanour, the Governor can issue an executive order to remove them from office.

Another possible action is an injunction. An individual can ask the court to issue an order to prevent a future violation similar to a past violation. While injunctions can be difficult to obtain, they are possible if the plaintiff can show by the greater weight of the evidence that a violation occurred on the date alleged.

Any resolution, rule, regulation, or formal action made outside of an open meeting will not be binding. However, this can be "cured" by taking actions within the Sunshine Law, such as holding full open and public hearings or meetings after inadvertent violations.

Finally, the plaintiff's reasonable attorney's fees shall be assessed and included in the penalties, including appellate attorney's fees. These fees can be assessed against the individual board members, commissioners, etc., unless they sought and took the advice of the board's or commission's attorney. If the individual filing the lawsuit did so in bad faith or with a frivolous case, the court may assess attorney's fees against them.

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