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HomeMy WebLinkAbout2004 03 23 Other Date: 03232004 The following was provided by Attorney Robert Wayne Holmes for the 03/23/2004 Sunshine Law Seminar. FLORIDA'S GOVERNMENT-IN-THE-SUNSHINE LAW Intent: That all meetings of elected or appointed boards wh~re official acts are to be taken be open to the public at all times. A. Elected or Appointed Board or Commission: 1. State Agencies 2. County Authority 3. Municipal Corporation 4. Political Subdivision B. Meetings: 1. Two or more members of the board 2. Individual or entity delegated authority of the board 3. Conduits prohibited 4. Includes any communication (personal, phone, computer, etc.) C. Official Acts: 1. Any action pending 2. Any action to come before the board in the foreseeable future 3. Any step in process D. Open to Public at All Times: 1. Notice 2. Minutes 3. Public access a. Public location b. Accommodate anticipated public 4. Right of public input E. Penalties: 1. Civil (injunction/action set aSide/court costs/attorney fees) 2. Personal civil penalty up to $500 3. Criminal (if "knowing" violation) a. Second degree misdemeanor (60 days jail/$500 fine) b. Governor can suspend or remove from office Goal: Avoid Even the Appearance of a Sunshine Law Violation. Alrticle I, ~ 24. Access to public... meetings All meetings of any collegial public body...of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public.... 286.011. Public meetings and records; public inspection; criminal and civil penalties (1) All meetinqs of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetinqs open to the public at all times, and no resolution, rule, or formal action shall be considered bindinq except as taken or made at such meetinq. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowinqly violates the provisions of this section by attendinq a meetinq not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. FLORIDA'S GOVERNMENT-IN-THE-SUNSHINE LAW Intent: That all meetings of elected or appointed boards where official acts are to be taken be open to the public at all times. A. Elected or Appointed Board or Commission: 1. State Agencies 2. County Authority 3. Municipal Corporation 4. Political Subdivision B. Meetings: 1. Two or more members of the board 2. Individual or entity delegated authority of the board 3. Conduits prohibited 4. Includes any communication (personal, phone, computer, etc.) C. Official Acts: 1. Any action pending 2. Any action to come before the board in the foreseeable future 3. Any step in process D. Open to Public at All Times: 1. Notice 2. Minutes 3. Public access a. Public location b. Accommodate anticipated public 4. Right of public input E. Penalties: 1. Civil (injunction/action set aSide/court costs/attorney fees) 2. Personal civil penalty up to $500 3. Criminal (if "knowing" violation) a. Second degree misdemeanor (60 days jail/$500 fine) b. Governor can suspend or remove from office Goal: Avoid Even the Appearance of a Sunshine Law Violation. Article I, ~ 24. Access to public... meetings All meetings of any collegial public body...of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public.... 286.011. Public meetings and records; public inspection; criminal and civil penalties (1) All meetinqs of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetinqs open to the public at all times, and no resolution, rule, or formal action shall be considered bindinq except as taken or made at such meetinQ. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowinqly violates the provisions of this section by attending a meetinq not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. FLORIDA'S GOVERNMENT-IN-THE-SUNSHINE LAW Intent: That all meetings of elected or appointed boards where official acts are to be taken be open to the public at all times. A. Elected or Appointed Board or Commission: 1. State Agencies 2. County Authority 3. Municipal Corporation 4. Political Subdivision B. Meetings: 1. Two or more members of the board 2. Individual or entity delegated authority of the board 3. Conduits prohibited 4. Includes any communication (personal, phone, computer, etc.) C. Official Acts: 1. Any action pending 2. Any action to come before the board in the foreseeable future 3. Any step in process D. Open to Public at All Times: 1. Notice 2. Minutes 3. Public access a. Public location b. Accommodate anticipated public 4. Right of public input E. Penalties: 1. Civil (injunction/action set aSide/court costs/attorney fees) 2. Personal civil penalty up to $500 3. Criminal (if "knowing" violation) a. Second degree misdemeanor (60 days jail/$500 fine) b. Governor can suspend or remove from office Goal: Avoid Even the Appearance of a Sunshine Law Violation. Article I, ~ 24. Access to public... meetings All meetings of any collegial public body...of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public.... 286.011. Public meetings and records; publnc inspection; criminal and civil penalties (1) All meetinqs of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetinqs open to the public at all times, and no resolution, rule, or formal action shall be considered bindinq except as taken or made at such meetinq. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowinqly violates the provisions of this section by attendinq a meetinq not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. FLORIDA'S GOVERNMENT-IN-THE-SUNSHINE LAW Intent: That all meetings of elected or appointed boards where official acts are to be taken be open to the public at all times. A. Elected or Appointed Board or Commission: 1. State Agencies 2. County Authority 3. Municipal Corporation , 4. Political Subdivision B. Meetings: 1. Two or more members of the board 2. Individual or entity delegated authority of the board 3. Conduits prohibited 4. Includes any communication (persona'l, phone, computer, etc.) C. Official Acts: 1. Any action pending 2. Any action to come before the board in the foreseeable future 3. Any step in process D. Open to Public at All Times: 1. Notice 2. Minutes 3. Public access a. Public location b. Accommodate anticipated public 4. Right of public input E. Penalties: 1. Civil (injunction/action set aSide/court costs/attorney fees) 2. Personal civil penalty up to $500 3. Criminal (if "knowing" violation) a. Second degree misdemeanor (60 days jail/$500 fine) b. Governor can suspend or remove from office Goal: Avoid Even the Appearance of a Sunshine Law Violation. Article I, ~ 24. Access to public... meetings All meetings of any collegial public body...of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public.... 286.011. Public meetings and records; public inspection; criminal and civil penalties (1) All meetinQs of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetinQs open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meetinq. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowinqly violates the provisions of this section by attendinq a meetinq not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. FLORIDA'S GOVERNMENT-IN-THE-SUNSHINE LAW Intent: That all meetings of elected or appointed boards where official acts are to be taken be open to the public at all times. A. Elected or Appointed Board or Commission: 1. State Agencies 2. County Authority 3. Municipal Corporation 4. Political Subdivision B. Meetings: 1. Two or more members of the board 2. Individual or entity delegated authority of the board 3. Conduits prohibited 4. Includes any communication (personal, phone, computer, etc.) C. Official Acts: 1. Any action pending 2. Any action to come before the board in the foreseeable future 3. Any step in process D. Open to Public at All Times: 1. Notice 2. Minutes 3. Public access a. Public location b. Accommodate anticipated public 4. Right of public input E. Penalties: 1. Civil (injunction/action set aSide/court costs/attorney fees) 2. Personal civil penalty up to $500 3. Criminal (if "knowing" violation) a. Second degree misdemeanor (60 days jail/$500 fine) b. Governor can suspend or remove from office Goal: Avoid Even the Appearance of a Sunshine Law Violation. Article I, ~ 24. Access to public... meetings All meetings of any collegial public body...of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public.... 286.011. Public meetings and records; publDc inspection; criminal and civil penalties (1) All meetinqs of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetinqs open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meetinq. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction! punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attendinq a meetinq not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. FLORIDA'S GOVERNMENT-IN-THE-SUNSHINE LAW Intent: That all meetings of elected or appointed boards where official acts are to be taken be open to the public at all times. A. Elected or Appointed Board or Commission: 1. State Agencies 2. County Authority 3. Municipal Corporation 4. Political Subdivision B. Meetings: 1. Two or more members of the board 2. Individual or entity delegated authority of the board 3. Conduits prohibited 4. Includes any communication (personal, phone, computer, etc.) C. Official Acts: 1. Any action pending 2. Any action to come before the board in the foreseeable future 3. Any step in process D. Open to Public at All Times: 1. Notice 2. Minutes 3. Public access a. Public location b. Accommodate anticipated public 4. Right of public input E. Penalties: 1. Civil (injunction/action set aSide/court costs/attorney fees) 2. Personal civil penalty up to $500 3. Criminal (if "knowing" violation) a. Second degree misdemeanor (60 days jail/$500 fine) b. Governor can suspend or remove from office Goal: Avoid Even the Appearance of a Sunshine Law Violation. Article I, ~ 24. Access to public... meetings All meetings of any collegial public body...of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public.... 286.011. Public meetings and records; publUc inspection; criminal and civil penalties (1) All meetinqs of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered bindinq except as taken or made at such meetinq. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowinqly violates the provisions of this section by attendinq a meetinq not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. ' (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.