Summary
To: Finance Board
From: Stefan Massol, Director of Support Services
Date: 11/21/2019
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Subject:
Title
Refresher on Sunshine Law
Summary:
The Sunshine Law will be reviewed along with some commonly asked questions
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Body
Background/Problem Discussion: Florida's Government-in-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 some matter which will foreseeably come before that board for action. There is also a constitutionally guaranteed right of access.
Below are some commonly asked questions and answers as provided by the Florida Attorney General's Office:
1) What qualifies as a meeting?
The Sunshine law applies to all discussions or deliberations as well as the formal action taken by a board or commission. The law, in essence, is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. There is no requirement that a quorum be present for a meeting to be covered under the law.
2) Can a public agency hold closed meetings?
There are a limited number of exemptions which would allow a public agency to close a meeting. These include, but are not limited to, 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 (usually state agencies) may be closed when those agencies are making probable cause determinations or considering confidential records.
3) Does the law require that a public meeting be audio taped?
There is no requirement under the Sunshine law that tape recordings be made by a public board or commission, but if they are made, they become public records.
4) Can a c...
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