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Advisory Legal Opinion
Number: AGO 74-40
Date: February 11, 1974
Subject: Public officers-elect and sunshine law
RE, SUNSHINE LAW--APPLICABILITY TO PUBLIC OFFICERS-ELECT
To: Thomas G. Freeman, Winter Springs City Attorney,
Altamonte Springs
Prepared by: Jan Dunn, Assistant Attorney General
QUESTION,
Can elected officials, prior to taking office, violate the
Sunshine Law without liability?
SUMMARY:
Members-elect of boards and commissions are within the
scope of the Sunshine Law. There must be proof of scienter
in order for there to be criminal liability.
YOUr question is answered by Hough v. Stembridge, 278 So.2d
288 (3 D.C.A. Fla., 1973), The court held that "members
elect of boards, commissions, agencies, etc. are within the
scope of the Government in the Sunshine Law." Hough at 289.
In order for there to be a criminal violation of the
statute, there must be proof of scienter. The Supreme
Court, in Board of Public Instruction of Broward Co. v.
Doran, 224 So.2d 693 (Fla. 1969), stated that
"Subsection (3) of Fla. Stat., s . 286.011, F.S.A., provides
that any person who violates the provisions of the act by
attending a meeting not held in accordance with the
provisions hereof, is guilty of a misdemeanor. Defendant
complains because scienter was not made a specific element
of the offense. We construe the statute to impliedly
require a charge and proof of scienter. II
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