Sunshine Law: Who Is Bound By It?

Sunshine laws are regulations that require public disclosure of government agency meetings and records. They are designed to ensure transparency and ethical standards in government and business dealings. Florida's Sunshine Law, for example, provides a right of access to governmental proceedings of public boards or commissions and their records. This includes all documents and materials made or received in connection with official business, such as emails, meeting notes, sound recordings, and text messages. The Sunshine Law in Florida applies to state and local governing bodies, including boards, commissions, and other authorities, with the exception of the judiciary and the state legislature, which has its own provisions for access.

Public boards or commissions

Florida's Government-in-the-Sunshine 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." This means that public boards or commissions are subject to the Sunshine Law. The law provides a "right of access" to the meetings and proceedings of these public boards or commissions.

The Sunshine Law requires that meetings of public boards or commissions must be open to the public, with reasonable notice given and minutes of the meeting taken. This applies to all discussions and deliberations, as well as formal actions taken by the board or commission. There is no requirement for a quorum to be present for the law to apply. The law also prohibits the use of secret ballots by public boards or commissions, as this would violate the requirement for meetings to be "open to the public at all times."

In addition to the meetings themselves, the Sunshine Law also applies to records and documents created or received by public boards or commissions in connection with official business. This includes traditional written documents, such as papers, maps, and books, as well as electronic records like emails, text messages, and sound recordings. These records are subject to inspection and copying by the public, with certain limited exceptions for confidential or exempt information.

Violations of the Sunshine Law can result in serious consequences, including removal from office, noncriminal infractions, and criminal penalties such as imprisonment and/or fines.

Federal agencies

The Government in Sunshine Act, also known as the Sunshine Act, was passed in 1976 to promote accountability within federal agencies. The act includes ten exceptions and permits agencies to close specific meetings due to the potential adverse effects of disclosure. Meetings may be closed if premature disclosure would hinder the implementation of proposed agency action, if another statute requires it, or if the meeting concerns an agency's participation in a civil action.

The Freedom of Information Act (FOIA) is another example of a federal-level sunshine law. FOIA protects citizens' right to request information from the federal government, but it also includes exceptions for issues of national security, law enforcement, trade secrets, and privileged communications.

In addition to the Sunshine Act and FOIA, federal agencies must also comply with sunshine laws in the medical field. For instance, pharmaceutical companies are required to disclose what items they have provided to physicians or institutions, along with the associated value, as part of their regular reporting procedures.

Overall, while federal agencies are not subject to Florida's Sunshine Law, they are subject to various other sunshine laws at the federal level that promote transparency and accountability.

State agencies

Florida, for example, has particularly broad sunshine laws that apply to all government authorities unless specifically exempted. The state's sunshine laws define "agency" broadly, including any municipal corporation, political subdivision, and authority of any county. The Florida Sunshine Law provides a "right of access" to governmental proceedings of public boards or commissions and their records. This includes all documents and materials made or received in connection with official business, such as emails, meeting notes, sound recordings, photographs, and text messages.

Violations of the Sunshine Law in Florida can result in penalties such as removal from office, noncriminal infractions, and criminal penalties, including the possibility of a second-degree misdemeanor with potential imprisonment and/or a fine.

The purpose of sunshine laws is to promote ethical standards, prevent fraud and corruption, and increase public trust. They require government meetings to be held with sufficient advance notice and at times and places convenient and accessible to the public, except in cases of emergency meetings.

Local agencies

Florida's Government-in-the-Sunshine 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." This means that local agencies are covered by the Sunshine Law.

The Sunshine Law provides a "right of access" to the meetings of these local agencies. It requires that their meetings be open to the public, with reasonable notice given, and that minutes of the meetings be taken. The law also grants the public access to records and materials made or received by these local agencies in connection with official business. This includes documents, emails, meeting notes, sound recordings, photographs, text messages, and other forms of communication or record-keeping.

Violations of the Sunshine Law by local agencies can result in serious consequences, including removal from office, noncriminal infractions, and criminal penalties such as imprisonment and/or fines.

Businesses

Sunshine laws are regulations that require government entities and businesses to maintain public transparency in their dealings. These laws mandate that many official actions undertaken by businesses or government entities must be made available for public observation, participation, or inspection.

Sunshine laws apply to businesses in the following ways:

Financial Reporting

Sunshine laws for businesses often relate to financial reporting to bodies like the U.S. Securities and Exchange Commission (SEC). For example, mandatory corporate reporting to the SEC is considered a sunshine law.

Medical Sector

In the medical field, sunshine laws require certain manufacturers, such as pharmaceutical companies, to disclose what items have been provided to an institution or physician, along with the associated value of the items, as part of their standard reporting procedure. This is to improve the transparency surrounding the financial ramifications of such transactions, making the information accessible and trackable.

Private Companies Working with Public Agencies

Even if a company is private, if it is working on behalf of a public agency or entity, it can still fall under the purview of the Sunshine Law. For example, a private nonprofit corporation operating public hospital facilities would be subject to the Sunshine Law.

State-Specific Laws

While all 50 U.S. states have enacted some form of open meeting law, state sunshine laws vary in their specific mandates. For example, Florida's sunshine 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."

Exceptions

There are a few instances where sunshine law reporting may not apply to businesses:

• Active legal proceedings and certain aspects of law enforcement
• Issues pertaining to national security
• Certain commercial or financial trade secrets
• Protected or "privileged" communications
• Information that would lead to financial speculation or damage a company's stability
• Certain disciplinary actions that may violate personal privacy

Frequently asked questions