HomeMy WebLinkAbout2008 07 10 Reports Handout by Carol LallathinBROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
~lttorneyr at Lain
Debra S. Babb-Nutcher° Offices in Orlando, Kissimmee, Cocoa,
Joseph E. Glitch Ft. Lauderdale & Tam a Vivian Cocotas
Usher L. Brown' P Michael O'Brien Colgan
Suzanne D'Agresta° Scott J. Dornstein
Anthony A. Garganese° Mitchell B. Haller
J.W. Taylor Katherine W. Latorre
Jeffrey S. Weiss Amy J. Pitsch
Erin J. O'Leary
Board Certified Civil Trial Lawyer Catherine D. Reischmann
°Board Certified City, County 8 Local Government Law William E. Reischmann, Jr.
Of Counsel
SUNSHINE LAW AND PUBLIC RECORDS
Presented by
Kate Latorre,
Winter Springs Assistant City Attorney
klatorre@orlandola w. net
1. GOVERNMENT IN THE SUNSHINE
A• Scope of the Sunshine Law - § 286.011, Florida Statutes
1. The Sunshine Law provides a right of access to governmental proceedings at both
the state and local levels and requires that:
a. Meetings of public boards or commissions must be open to the public;
b. Reasonable notice of such meetings must be given; and
c. Minutes of the meetings must be takers.
2. The Sunshine Law is applicable to both electecl and appointed boards.
3. The general rule is that the Sunshine Law is applicable to any gathering of two (2)
or more members of the same board to discuss some matter which will foreseeably
come before that board for action.
4. Upon application by any citizen of Florida, the circuit courts havejurisdiction to issue
injunctions to enforce the Sunshine Law.
B. Agencies Covered by the Sunshine Law
Sunshine Law applies to any board or commission of any state agency or authority
or of any agency or authority of any county, municipal corporation, or political
subdivision.
2. Advisory boards created pursuant to law or ordinance or otherwise established by
public agencies are subject to the Sunshine Law, even though their
recommendations are not binding upon the entities that create them.
225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
Sunshine Law and Public Records
January 25, 2007
Page 2
3. Exception: fact finding committees. Cornmittees established for fact-finding
purposes only are not subject to the Sunshine Law, i.e., information gathering and
reporting only.
4. Generally, meetings between members of county or municipal staff are not subject
to the Sunshine Law. However, if a certain group of staff are delegated the authority
to make recommendations to a board or committee which itself is in the Sunshine,
that staff group may also be subject to the Sunshine Law.
5. The legal authority on whether the Sunshine Law applies to any given board provides
that the focus should be on the nature of the act being performed , not on the
composition of the members performing it or on the formality with which they act.
C. Public Meetings
Sunshine Law 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.
2. No requirement that a quorum be present for a meeting of members of a public
board or commission to be subject to the Sunshine Law.
D. Discussions
Sunshine Law applies to discussions and deliberations, as well as to the formal
action taken by a public board or commission.
Workshop meetings, executive work sessions, and conference sessions all fall
under the Sunshine Law requirements.
E. Written Correspondence Between Board Members
The use of a written document by one board member to inform other board
members of a subject which will be discussed at a public meeting is not a violation
of the Sunshine Law as long as there is no interaction, whether written or verbal,
related to the document among the board mernbers.
2. If, however, the written document is circulated among board members for comments
with the comments being provided to other members, there is interaction among the
board members and such communication would violate the Sunshine Law.
3. If you desire to circulate written information to fellow board members, the preferred
practice is to give the recording secretary of the board the written document to
circulate.
F. Telephone Conversations and Meetings
Discussions between board members regarding board business through use of a
telephone are not removed from the requirements of the Sunshine Law.
G. Notice and Procedural Requirements
All meetings must be preceded by "reasonable notice" to the public and should
generally include the time, date, and location of the meeting, as well as the general
subject matter to be addressed.
Sunshine Law and Public Records
January 25, 2007
Page 3
2• What constitutes "reasonable notice" will vary depending on the circumstances
3. It is recommended, although not required, that an agenda be provided addressing
the subject matter to be discussed at public meetings. If no agenda is provided, a
general summation of the subject-matter will suffice.
4. Pursuant to section 286.012, Florida Statutes„ members of state, county or municipal
boards who are present at a meeting may not abstain from voting unless thPrP is, or
appears to be, a possible conflict of interest.
County, municipal, or other local public officers may abstain from voting due to a
conflict of interest where he or she is called to vote on any measure which affects
his or her special private gain or foss (almost always a financial gain or loss).
Written minutes of each public meeting must be kept and immediately made
available for public inspection. Tape recording of meetings is not required; however,
if recorded, the same must be made available for public inspection.
H. Consequences for Failure to Comply
1. Criminal: Any member of a public body subject to the Sunshine Law wh~rnowing/y
violates the Sunshine Law is guilty of a misdemeanor in the second degree,
punishable by a term of imprisonment not to exceed 60 days and/or a fine up to
$500.
2. Noncriminal: Any public officer who violates the Sunshine Law maybe found guilty
of a noncriminal infraction, punishable by a fine not exceeding $500. The state
attorney may pursue such actions on behalf of the state.
3. No resolution, rule, or formal action shall be considered binding except as taken or
made at an open meeting.
4. Courts have found actions taken in violation of the Sunshine Law to be invalid,
regardless of intent.
5. However, an initial violation of the Sunshine Law may be cured by a full, open
hearing reexamining and readdressing the issue with an independent final action
taken in the "sunshine."
II. PUBLIC RECORDS
A. What is a Public Record?
1. Section 119, Florida Statutes, defines "public records" to include all documents,
papers, letters, maps, books, tapes, photographs, films, sound recordings, data
processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business by any agency.
2. The Florida Supreme Court has interpreted this definition to encompass all materials
made or received by an agency in connection with official business which are used
to perpetuate, communicate or formalize knowledge.
3. As technologyadvances, the means bywhich agencies communicate, manage, and
store information will take on different forms, as will the definition of "public records."
Sunshine Law and Public Records
January 25, 2007
Page 4
B. What Agencies are Subject to the Public Records Act?
Any state, county, district, authority, or municipal officer, department, division, board,
bureau, commission, or other separate unit of government created or established by
law is subject to the Chapter 119 public records disclosure requirements.
The definition of "agency" for purposes of Chapter 119, Florida Statutes, is not
limited to governmental entities. Much like the types of agencies subject to the
Sunshine Law requirements, advisory boards and private entities acting on behalf
of governmental bodies are also subject to public records disclosure.
C. What Kind of Agency Records are Subject to the Act?
As a general rule, all state, county, and municipal records shall be open to the public
for general inspection, unless a specific statutory exemption exists. See section
119.01, Florida Statutes.
2. Computer records, election records, financial records, investigation records of non
law enforcement agencies, certain litigation records and personnel records are all
subject to public inspection.
3. Section 119.071, Florida Statutes, provides an extensive list of exceptions to the
general disclosure requirement exempting records from public inspection.
4. Social security numbers may be redacted from documents that are otherwise
required to be disclosed, but a document may not be withheld from public inspection
based solely on the fact that a social security number is contained within the
document.
..- • 1
BRO'VVN~, V'VARD, SA~.,ZIVIAN & WEYSS, P.A.
ATTORNEYS AT LAW
Usher L. Brown •
Iohn TT. Ward •
Clary S. Salzman°
Jeffrey S. Weiss
Suzanne D'Agresta
Anthony A. Garganesc°
Scott D.panahy
James G. Vlckaryotu
Allison Cat7nine McDonald
Alfred Truesdell
Arthur K "Randy" Brown, Ir.
Board Certified Civil Trial [awyrr
° Board Gtrtified Business Litigation Lawyer
° [3ovd Certified City. County 6c Cereal Covemmtnt Law
September 26, 2000
I/ic~ Facsimile and U.S. Maid
Charter Review Committee
City of Winter Springs
1126 E. State Road 434
Winter Springs, >;L 32708-2799
Re: introduction and Sunshine Law
Members of the Charter Review Committee:
i 11 North Otunge Ave., Sulu 875
Post Ol~icc Boz 2873
Orlando, FL 32802-2$73
(407)425-9566
(407) 425-9596 J'AX ,
Email: firrt>~a orlandolaw.net
Website: www.orIandolaw.net
Congratulations on being appointed to the City of Winter Springs Charter Review Committee
("Committee"). As members of the Committee, you aze about to embark on a cornprehcnsive review
of the City of Winter Springs Chaztcr. Under the directive of the City Commission, you are regtured
to bring forth recommendations to update the City Charter consistent with Resolution No.2000-27.
The Charter Review process is of extreme importance to the operation of the City's
govctnmcntai affairs. The City Charter is the organic law upon which the Ciry of Winter Springs
government is established and is ultimately promulgated by the people of Winter Springs by
referendum to cover matters pertaining to the local civil government of the City. It is, therefore, a
tremendous honor and responsibility for you to be a member of the Committee and to recommend
changes to the City Charter. Your recommendations will have a profound impact on city
government in Winter Springs. I am confident that each Committee member's coxttributia>z to the
Committee will be extremely valuable to our community and. as the City Attorney. it is with great
pleasure and anticipation that I look forward to assisting the Committee.
As a member ofthe Committee, you should be aware that the Committee is subjxt to the
1~lorida Sunshine Law. Therefore, the discussions, deliberations, and Formal actions of the
Cotmnitteo and its members must be conducted during a public meeting in accordance with the
~4
Charter Review Committee
September 26, 2000
P_ago2
Sunshine Law. The Sunshine Law applies to ?~Y gathering, whether formal or casual, of two or
more members of the Com~.uittee to discuss some matter on which foreseeable aaion wiI1 be taken
by the Committee. Thus, all functions ofthe Committee and its members, which relate to the affairs
and duties of the Committee, roust occur at a duly advertised and held public meeting of the
Committee. City Staffwill. insure that proper notice is given of the Committee meetings.
Committee members, however, are not prohibited under the Sunshine Law from muting
together socially, provided that matters which may come before the Committee are not discussed at
such meedngs_ Moreover, Committee members will normally be permitted to meet with members
ofthe txhnicaladvisory staffand othernon-committee members individually to discuss Committee
business, but you should only do so when other Committee members are not present. I suggest the
Committee members follow this simple rule:
Members oi' the Committee should refrain from communicating
among themselves on issues pending before the Committee, unless
those communications occur at a duly held public meeting of the
Charter Rcview Committee.
Again, I wish to con~atulatc you on your appointment to the City of Winter Springs Charter
Review Committee. Y look forward to assisting you in successfully accomplishing the task assi v,,ned
by the City Commission.
Please do not hesitate to contact me should you have any questions regarding the Sunshine
Law or any other issue relative to serving on the Charter Review Committee.
Anthony A. Garganese,
AAG:mw
cc: Ronald Mei.emore, City Manager
F:~DOCS1City of Winter Springslge~leralK:}urrcr R,~wiew Committcc~Comcapondrnce~Memb«~.Itr.09.26.00.nrv