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FLORIDA SUNSHINE LAW

Florida’s “Sunshine Law” is a set of state laws that ensures government transparency by providing the public with the right to access the meetings and records of public boards, commissions, and other government agencies. The law is made up of two main components: the Public Records Act (Chapter 119, Florida Statutes) and the Public Meetings Law (Chapter 286, Florida Statutes). 

Public Meetings Law (Government-in-the-Sunshine)

This law requires that all meetings of Florida’s public boards and commissions must be open to the public. 

Key requirements:

The Public Meetings Law has several key requirements, including: 

  • Meetings must be open to the public and include any gathering of two or more members of a board or commission to discuss matters where action may be taken.
  • Reasonable public notice of meetings must be provided, although specific timeframes vary.
  • Minutes summarizing meeting proceedings must be recorded and available for public inspection.
  • The public has a right to attend and speak at meetings, subject to reasonable time limits.
  • Board members are prohibited from using intermediaries to discuss public business outside of public meetings. 

Public Records Act

This law mandates that most documents and materials created or received by government agencies are accessible to the public. 

What constitutes a public record?

Public records are broadly defined to include various formats created or received during official business, such as documents, emails, recordings, and photographs. 

How to request public records

The public has the right to inspect and copy records at reasonable times without providing identification or a reason for the request. Agencies must respond promptly and in good faith. Fees for copies are generally limited to duplication costs, with potential for additional charges for extensive requests. 

Exceptions to the law

Certain information may be exempt from public disclosure under specific statutory circumstances, including some law enforcement records, trade secrets, and protected personal information. 

Penalties for violations

Violations of the Sunshine Law can result in civil and criminal penalties, such as fines, criminal charges, removal from office, and potential awards of attorney’s fees against the agency. 

What are the penalties for violating Florida’s Sunshine Law?

Florida’s Sunshine Law includes a variety of penalties for violations, ranging from fines for unintentional offenses to criminal charges, suspension from office, and substantial civil penalties for knowing or intentional misconduct

Penalties for Public Meetings Law violations

Violations of the Public Meetings Law (Chapter 286, Florida Statutes) carry distinct penalties depending on the intent of the violation. 

  • Non-criminal infraction: A public officer who unintentionally violates the law is guilty of a non-criminal infraction, with a maximum fine of $500.
  • Second-degree misdemeanor: A board or commission member who “knowingly” violates the law can be charged with a second-degree misdemeanor. This carries the potential for a fine of up to $500 and up to 60 days in jail.
  • Removal from office: An official who knowingly violates the Sunshine Law may be subject to suspension or removal from office. 

Penalties for Public Records Act violations

Penalties for violations of the Public Records Act (Chapter 119, Florida Statutes) are tiered based on the official’s intent. 

  • Non-criminal infraction: A public officer who fails to permit public inspection of records in accordance with the law is guilty of a non-criminal infraction, punishable by a fine not exceeding $500.
  • First-degree misdemeanor: A knowing and willful violation is a first-degree misdemeanor, which can result in a fine of up to $1,000 and up to one year in jail.
  • Suspension or removal from office: A public officer can be subject to suspension or removal from office for a knowing violation. 

Civil penalties and attorney’s fees

Beyond fines and criminal charges, violating the Sunshine Law can lead to significant civil consequences.

  • Attorneys’ fees: If a court determines that an agency or official has violated the Public Records or Public Meetings Law, it can award reasonable attorney’s fees and costs to the citizen who filed the lawsuit. This can apply even if the records are produced after the lawsuit is filed.
  • Injunctions and invalidation: A court can issue an injunction to stop an ongoing or future violation. For meetings held in violation of the law, a court can invalidate any action taken during that meeting. 

What are the requirements for providing public notice of meetings under the Sunshine Law?

Under Florida’s Sunshine Law, agencies and boards must provide “reasonable public notice” of their meetings. The law does not specify an exact length for this notice in all cases, but it does include important guidelines regarding timing, content, and the method of delivery. 

Timing of notice

  • Regular meetings: A standard guideline for reasonable notice is seven days before the meeting. For agencies that must publish notices in the Florida Administrative Register, seven days’ notice is statutorily required for meetings, hearings, and workshops.
  • Special or emergency meetings: For meetings called with less time, at least 24 hours of notice is a common guideline. An emergency meeting is an exception to the seven-day notice rule for a state agency when the meeting is essential to address public health, welfare, or safety.
  • Adequacy is key: Ultimately, “reasonable notice” depends on the circumstances. It must be provided in a manner that gives the public and news media a fair chance to attend. 

Content of notice:

To be considered “reasonable,” the public notice should include the following: 

  • Time and place: The notice must state the time and location of the meeting.
  • Agenda or summary: It should also include an agenda, if available, or a summary of the subjects to be discussed. This is to ensure citizens are not misled into thinking a certain matter won’t be discussed.
  • Appeals advice: The notice must conspicuously include a statement advising that if a person decides to appeal any decision made at the meeting, they may need a verbatim record of the proceedings. 

Method of delivery

The method for publicizing the notice varies based on what is considered appropriate for the situation. It may include:

  • Posting: Prominently displaying the notice in an area accessible to the public, such as at city hall.
  • Websites: Posting the notice on the agency’s dedicated website.
  • Publication: In cases of significant public interest, publishing the notice in a local newspaper of general circulation may also be necessary. 

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