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An Overview of Open Meetings -- a Florida Perspective

This overview provides information on the Sunshine Law in Florida, which requires public board meetings to be open, reasonable notice to be given, minutes to be taken, and access to proceedings. It also covers exemptions, social events, reasonable notice, public participation, voting, penalties for violations, and recent cases.

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An Overview of Open Meetings -- a Florida Perspective

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  1. An Overview of Open Meetings-- a Florida Perspective Joe Baker, Jr., Board Executive Director and FCLB Executive Fellow Florida Department of Health, Division of Medical Quality Assurance (850) 245-4393; joejr_baker@doh.state.fl.us

  2. Meetings of public boards must be open to the public Reasonable notice of meetings must be given Minutes must be taken Access to proceedings Applicable to gatherings of 2 or more board members where a matter is discussed which will foreseeably come before the board for action Government in the Sunshine

  3. Meetings Subject to Sunshine Law • Applies to discussions/deliberations as well as meetings where formal action is taken • No quorum requirement for law to be applied • Law applicable to any gathering of two or more members of any same board • Law construed to “frustrate all evasive devices”

  4. continued • Correspondence between board members OK if not being used as substitute for action at a public meeting • Cannot use staff as conduit to circumvent • Telephone calls • E-mail – important area to watch • Discussions about officer elections

  5. Are all discussions covered? • Exemption from Public Records Act does not automatically exempt from Sunshine Law • Probable Cause Panel meetings are exempt from Sunshine Law – unless case is on reconsideration • Atty-Client meeting is exempt in order to discuss strategies concerning litigation (settlement negotiations or expenditures) • Personnel matters are covered by Sunshine Law

  6. Social Events • No prohibition under Sunshine Law of board members gathering together socially – just as long as matters which may come before the board are not discussed • May be difficult for some to comply • Issues of staff dining w/ board members & having to be Sunshine Law police

  7. Reasonable Notice • Notice of time and place required so interested persons can attend • 7 days publication in Florida Administrative Weekly • Publication on board/department website • E-mail interested parties lists • Agenda must be available 7 days ahead of meeting as well

  8. continued • Meetings cannot be held at locations which discriminate on the basis of sex, age, race, creed, color, origin or economic status • The location cannot unreasonably restrict public access to the facility • Cannot direct the public to leave the room • Staff is part of the public and cannot be directed to leave the meeting room • Public can videotape and record a public meeting

  9. Public Participation • Atty Gen’l Opinion – “we recognize the importance of public participation in open meetings” • Reasonable time limits on public comments • Should seek public comment but not feel intimidated to allow it to go on “forever”

  10. Voting • May use written ballots if votes are made in a public meeting • Name of person voting and his/her selection must be recorded on the ballot • Ballots must be maintained & available for public inspection • Secret ballots violate the Sunshine Law

  11. What if the Sunshine Law is violated? • Criminal penalties – anyone who knowingly violates is guilty of 2nd degree misdemeanor • Governor may suspend the board member • Governor may remove if conviction occurs • Non-criminal infractions – fine not to exceed $500 • Attorney’s fees may be imposed against board or member found to be in violation

  12. Childers ‘sunshine’ sentencing set in Pensacola– Jacksonville Times-Union PENSACOLA, Fla. - Former Florida Senate President W.D. Childers and another suspended Escambia County commissioner will be sentenced here May 12 on charges they violated Florida's open-government "sunshine law.“ Mike Bass, whose term on the county board has expired, and Childers were accused of illegally discussing public business in private with other commissioners. The charges are misdemeanors that carry a maximum penalty of 120 days in jail.

  13. The wild rise and fall of Childers– St. Petersburg Times PENSACOLA, Fla. - W.D. Childers woke up in jail this morning. For 29 years, he made laws as a notoriously powerful and feisty state senator from Pensacola. Now, he is a convicted lawbreaker, serving a 60-day sentencefor cutting public deals in private. He's the first public official to go to jail for breaking Florida's open meetings law.

  14. Questions ?

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