Florida's Government in the Sunshine Law, commonly called the Sunshine Law, passed 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 (Section 286.011, Florida Statutes). "Meeting" is construed broadly, and is not confined to "formal" assemblages at which a ritualistic vote takes place.[1] The legislature intended to make open the entire decision-making process by the enactment of the Sunshine Law.
Exemptions to the Sunshine Law are few. The Sunshine Review Act of 1995 applies to meetings. According to that Act, an exemption must fit within one of three categories of identifiable public purposes, and must be seen as compelling enough to override a strong presumption of openness (Section 119.15(2), Florida Statutes).
Private Communication Restrictions: Board members are prohibited from using telephone conversations, social media platforms such as Facebook, 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. For instance, it is impermissible for a board member to task staff with polling other board members to ascertain their viewpoints on a particular issue.
Binding Actions at Open Meetings: Under the provisions of the Sunshine Law, any resolution, rule, regulation, or formal action must be conducted and ratified during an open meeting to be considered legally binding. This ensures transparency and accountability in decision-making processes within governmental bodies.
Penalties for Violations: The Florida Sunshine Law enforces penalties for violations, including misdemeanors and fines. Individuals found in breach of the law may face legal consequences as prescribed by the statutes governing public access to governmental proceedings and records.
This information provides clarity on the restrictions regarding private communication, emphasizes the requirement for conducting official actions in open meetings, and outlines the penalties for non-compliance with the Sunshine Law.
References
edit- ^ Times Publishing Co. v. Williams, 222 So.2d 470 (Fla. 2d DCA 1969)
2. May, R. (1997). Reforming the sunshine act - JSTOR. Reforming the Sunshine Act. https://www.jstor.org/stable/pdf/40709856.pdf
Weiss, M. J., Esq. (n.d.). Florida sunshine and public records laws [PDF]. Florida Department of Environmental Protection. https://floridadep.gov/sites/default/files/FloridaSunshinePublicRecordsLaws.pdf
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