GOVERNMENT-IN- THE-SUNSHINE MANUAL - …

1 2017 EditionA Reference For Compliance with florida s Public Records and Open Meetings Laws GOVERNMENT-IN- THE-SUNSHINEMANUALV olume 392017 GOVERNMENT-IN- THE-SUNSHINE MANUAL GOVERNMENT-IN- THE-SUNSHINE -manualiintrod uction ..xi2016 legislative highlights ..xiiFirst amendment Foundation, inc ..xivPART IGOVERNMENT IN THE sunshine LAWa. sCoPe oF the sunshine laW ..1B. What entities are CovereD BY the sunshine laW? aPPliCation oF the sunshine laW to: ..11. advisory boards ..1a. advisory boards created by a single public official ..2b. Fact-finding committees ..2c. staff committees ..32. Candidates or members-elect ..5a. Candidates ..5b. members-elect ..53. Commissions created by the florida Constitution ..54. Ex officio board members ..55. Federal entities ..66. governor and Cabinet ..67. individual board members ..7a. Delegation of authority to single individual ..7b. individual board member meeting with a member of another public board ..8c. mayor meeting with city commissioner or city council member.

2 9d. use of nonboard members or staff to act as liaisons or to conduct a de facto meeting of the board ..98. Judiciary ..10a. Criminal proceedings ..11b. Civil proceedings ..11c. Depositions ..12d. florida Bar grievance proceedings ..12e. grand juries ..12f. Judicial nominating commissions/Judicial Qualifications Commission ..13g. mediation proceedings ..13(1) Court-ordered mediation ..13(2) other mediation proceedings ..14h. statutes providing for closed court proceedings ..14(1) adoption ..14(2) Dependency ..14(3) guardian advocate appointments ..14(4) hiv test results ..14(5) Pregnancy termination notice waiver ..14(6) termination of parental rights ..14(7) victim and witness testimony in certain circumstances ..159. legislature ..1510. married couple serving on the same board ..1611. Private organizations ..16a. Private entities created pursuant to law or by public agencies ..16b. Private entities providing services to public agencies.

3 16c. application of the sunshine law to specific private entities ..17(1) Direct-support organizations ..17(2) economic development organizations ..18(3) homeowners associations ..18iigovernment-in- THE-SUNSHINE - MANUAL ( 4) Political parties ..18(5) volunteer fire departments ..1812. staff member or public official also serving as member of public board ..19C. What meetings oF memBers oF BoarDs are CovereD? aPPliCation oF the sunshine laW to: ..191. Board members attending meetings or serving as members of another public board ..192. Board member meeting with his or her alternate ..203. Community forums sponsored by private organizations ..204. Confidential records discussions ..215. e-mail, text messages, and other written communications between board members ..216. Fact-finding or inspection trips ..237. informal discussions, workshops, organizational sessions, election of officers ..238. investigative meetings ..249. litigation meetings.

4 24a. settlement negotiations or strategy sessions related to litigation expenditures ..25(1) strict compliance with statutory conditions ..25(2) Permitted discussions during closed session ..26(3) entity involved in pending litigation ..27(4) Persons authorized to attend closed session ..27(5) Determination of conclusion of the litigation ..28b. risk management exemption ..2910. Personnel matters ..29a. Collective bargaining discussions ..29(1) strategy sessions ..29(2) negotiations ..30b. Disciplinary, grievance, and complaint review proceedings ..30c. evaluations ..31d. selection and screening committees ..3211. Purchasing meetings ..3212. Quasi-judicial matters, proceedings, or hearings ..3313. real property negotiations ..3314. security meetings ..3415. social events ..3416. telephone conversations and meetings ..34a. Private telephone conversations ..34b. authorization to conduct and participate in public meetings via telephone, video conferencing, or other electronic media.

5 35(1) state boards ..35(2) local boards ..35 (a) meetings ..35 (b) Workshops ..35D. notiCe anD ProCeDures ..361. agenda ..362. location of meetings ..37a. Facilities that discriminate or unreasonably restrict access ..37b. luncheon meetings ..37c. out-of-town meetings ..37d. size of meeting facilities ..383. minutes ..39a. scope of minutes requirement ..39b. Content of minutes ..39government-in- THE-SUNSHINE -manualiii c. tape recording or internet archive as use of transcript as minutes ..404. notice requirements ..40a. reasonable notice ..40b. notice requirements when meeting adjourned to a later date ..41c. notice requirements when board acting as quasi-judicial body or taking action affecting individual rights ..41d. Paid advertising requirements and additional notice provisions imposed by other statutes, codes, or ordinances ..415. Public comment ..426. restrictions on public attendance ..43a. Cameras and tape recorders.

6 43b. exclusion of certain members of the public ..43c. inaudible discussions ..447. time and length of meeting ..448. use of codes or preassigned numbers in order to avoid identifying individuals ..449. voting ..45a. abstention ..45b. Proxy votes ..45c. roll call votes ..45d. Written or secret ballots ..46e. statutorY eXemPtions ..461. Creation and review of exemptions ..462. exemptions are narrowly construed ..463. effect of statutory exemptions ..47a. notice requirements ..47b. attendance at closed meetings ..47c. Disclosure of matters discussed at closed meetings ..484. special act exemptions ..48F. remeDies anD Penalties ..481. Criminal penalties ..482. removal from office ..483. noncriminal infractions ..484. attorney s Civil actions for injunctive or declaratory relief ..506. validity of action taken in violation of the sunshine law and subsequent corrective action ..517. Damages ..53 PART IIPUBLIC RECORDSa.

7 SCoPe oF the PuBliC reCorDs aCt ..53B. What entities are CovereD? aPPliCation oF the PuBliC reCorDs aCt to: ..541. advisory boards ..542. Private organizations ..55a. Private entities created pursuant to law or by public agencies ..55b. Private entities contracting with public agencies or receiving public funds ..55(1) totality of factors test ..56(2) Delegation of function test ..57c. Private company delegated authority to keep certain records ..59ivgovernment-in- THE-SUNSHINE -manuald . subcontractors ..59e. other statutory provisions governing records of private entities ..59(1) Contract requirements ..59(2) legislative appropriation ..60(3) Public funds used for dues ..603. Judiciary ..60a. Public records act inapplicable to judicial records ..60b. Public access to and protection of judicial branch records, Fla. r. Jud. admin..60(1) scope of the rule ..60(2) Confidential judicial records ..61(3) Procedures for accessing judicial branch records under rule.

8 61c. Discovery material ..62d. florida Bar ..63e. Judicial Qualifications Commission and judicial nominating Jury records ..63(1) grand jury ..63(2) trial jury ..64g. sunshine in litigation act ..644. legislature ..655. governor and Cabinet ..656. Commissions created by the Constitution ..66C. What reCorDs are CovereD? aPPliCation oF the PuBliC reCorDs aCt to: ..661. adoption and birth records ..672. autopsy and death autopsy reports ..67b. autopsy photographs and recordings ..67c. Photographs, video, and audio recordings that depict or record the killing of a law enforcement officer ..68d. Death certificates ..683. Child and vulnerable adult abuse and protection records ..68a. Department of Children and Families abuse records ..68(1) Confidentiality of abuse records ..68(2) release of abuse records ..69b. Foster home, licensure, and quality assurance records ..70c. guardians ad litem and court monitors ..70d. status of abuse records held by law enforcement agencies.

9 704. Direct-support organizations ..705. Domestic violence and stalking records ..716. Drafts and notes ..727. education records ..74a. Charter schools ..74b. student records ..74c. Children in government -sponsored recreation programs ..75d. testing election records ..75a. Ballots ..75b. voter registration and voter records ..769. electronic and computer records ..76a. electronic databases and files ..76b. Consideration of public access in design of electronic recordkeeping system ..77c. e-mail ..77d. Facebook ..78government-in- THE-SUNSHINE -manualve. text messages ..78f. twitter ..7810. emergency records ..78a. emergency 911 records ..78b. emergency evacuation plans ..79c. emergency medical services records ..79d. emergency notification ..79e. emergency planning information furnished to Division of emergency management ..79f. special needs registry ..8011. Financial records ..80a. audit reports ..80(1) auditor general audits.

10 80(2) local government audits ..80(3) state agency inspector general audits ..81b. Bids, proposals, and financial statements ..81c. Budgets ..82d. economic development records ..82(1) Business location or expansion plans ..82(2) Convention center booking business records ..83e. ownership records for registered public Personal financial records ..83(1) Bank account, debit, and credit card numbers ..84(2) Consumer financial information ..84(3) Financial information submitted by state licensure (4) temporary cash assistance program participant ..84(5) toll payment personal identifying information ..84(6) utility payment records ..84g. taxpayer records ..8412. Firearms records ..8513. hospital and medical Communicable or infectious disease reports ..85b. hospital records ..86(1) Public hospitals ..86(2) Private hospitals/private organizations operating public hospitals ..87c. Patient and clinical records ..87(1) Patient and clinical records generally.