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.

2 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 ..9d. use of nonboard members or staff to act as liaisons or to conduct a de facto meeting of the board.

3 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.

4 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 ..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.

5 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.

6 216. Fact-finding or inspection trips ..237. informal discussions, workshops, organizational sessions, election of officers ..238. investigative meetings ..249. litigation meetings ..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.

7 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.

8 34b. authorization to conduct and participate in public meetings via telephone, video conferencing, or other electronic media ..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.

9 39government-in- THE-SUNSHINE -manualiiic. 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.

10 43a. Cameras and tape recorders ..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.