CEB Backup 07/25/2013 S CODE
ENFORCEMENT
BOARD
Workshop
Backup
July 25 , 2013
Sunshine Law & Public Records Law
County Attorney Office Presentation
Code Enforcement Board July 25,2013
Sunshine Law, Section 286.011,Florida Statutes
The Sunshine Law was enacted in 1967 and establishes a basic right of access to most meetings
of boards, commissions, and other governing bodies of state & local governmental agencies.
The Sunshine Law 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." Hough v. Stembridge, 278 So. 2d 288 (Fla.
3d DCA 1973).
There are three basic requirements of Section 286.011, Fla. Stat.:
(1) meetings of public boards or commissions must be open to the public;
(2) reasonable notice of such meetings must be given; and
(3) minutes of the meeting must be taken.
(1) Open to the public
- Meeting must be open to the public
- Location must be accessible, sufficient size for turnout, facility may not
discriminate based on a protected class,access not unreasonably restricted, within
Collier County.
- Effective 10.1.2013 —public shall be given a reasonable opportunity to be heard
on a proposition before a board or commission. The Board may establish policies
to maintain orderly conduct and proper decorum. May establish time limits.
(2) Reasonable notice must be given—"reasonable"approximately 72 hours.
(3) Written minutes of the meeting are required
o Must be taken and made available promptly
o Sound recordings may be used in addition to written minutes
o Minutes (including drafts)are public records
o Minutes must record the votes
The Sunshine Law applies to decision making committees=advisory boards&committees.
The Sunshine Law applies when two or more members of a governing board (such as the BCC)
discuss a matter that may foreseeable come before the governing board.
Advisory Board members must strictly adhere to all aspects of the Sunshine Law.
- No pre and post meeting discussions;
- No private conversations on the dais;
- Avoid texting on the dais;
- May not use non-members as liaisons between board members;
- Avoid the appearance of impropriety.
Written Correspondence and Emails—Advisory Board Business
- The Sunshine Law applies to written correspondence and emails.
- One way communication should be directed to the County staff liaison.
- Two way communication must be held in the Sunshine.
- Recommend that staff liaison include Sunshine Law reminder that board members
should not respond to written communication. Discussions must occur at the
public meeting.
- Regarding matters that may foreseeably come before the governing board.
- Social events of course permissible—be mindful of the Sunshine Law!
Inspection Trips—recommend against two or more members together. If an inspection trip is
required, all elements of the Sunshine Law must be strictly followed.
Telephone Participation — must have a quorum physically present in the meeting room, find
extraordinary circumstance, and vote to approve attendance.
Penalties: Second degree misdemeanor to knowingly violate, fine up to $500 or 60 days
imprisonment, removal from position.
Public Records Law, Chapter 119, Florida Statutes
A public record encompasses all materials made or received by an agency in connection with
official business which are used to perpetuate, communicate or formalize knowledge, regardless
of whether such materials are in final form.
Public records include: all documents, paper, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of physical form or
means of transmission made or received pursuant to law in connection with transaction of
official business by the agency.
Exemptions: documents prepared for litigation or in anticipation of litigation
- Social security numbers of employees or former employees
- Sealed bid or proposals (shade period)
Public Records Requests—Resolution No. 07-327
- May be made verbally or in writing by any person
- The board or staff person has a"reasonable"time to respond
- May charge for the cost of retrieving the records if amount requested is
voluminous
- May charge 15 cents per page
- Not required to create records
- Not required to provide explanation of records
Penalties: civil and criminal penalties.
Social Networking—Facebook, Twitter, You Tube
- The Sunshine Law&Public Records Laws apply
- Presents unique challenges
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