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PART I GOVERNMENT IN THE SUNSHINE LAW

GOVERNMENT -IN-THE- SUNSHINE -MANUALiFirst Amendment Foundation, Inc..xiiiIntroduction ..xvi2015 Legislative Highlights ..1 PART IGOVERNMENT IN THE SUNSHINE LAWA. WHAT IS THE SCOPE OF THE SUNSHINE LAW? ..2B. WHAT AGENCIES ARE COVERED BY THE SUNSHINE LAW?1. Are all public agencies subject to the SUNSHINE Law? ..22. Are advisory boards which make recommendations or committees established only for fact-finding subject to the SUNSHINE Law? ..2a. Publicly created advisory boards which make recommendations ..2b. Advisory committees appointed by a single public official ..3c. Fact-finding committees ..3d. Staff committees ..43. Are private organizations subject to the SUNSHINE Law?

governmentfiinfithefisunshinefimanual c.the sunshine law apply to telephone, electronic, or does written communications between board members?

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Transcription of PART I GOVERNMENT IN THE SUNSHINE LAW

1 GOVERNMENT -IN-THE- SUNSHINE -MANUALiFirst Amendment Foundation, Inc..xiiiIntroduction ..xvi2015 Legislative Highlights ..1 PART IGOVERNMENT IN THE SUNSHINE LAWA. WHAT IS THE SCOPE OF THE SUNSHINE LAW? ..2B. WHAT AGENCIES ARE COVERED BY THE SUNSHINE LAW?1. Are all public agencies subject to the SUNSHINE Law? ..22. Are advisory boards which make recommendations or committees established only for fact-finding subject to the SUNSHINE Law? ..2a. Publicly created advisory boards which make recommendations ..2b. Advisory committees appointed by a single public official ..3c. Fact-finding committees ..3d. Staff committees ..43. Are private organizations subject to the SUNSHINE Law?

2 6a. Private entities created pursuant to law or by public agencies ..6b. Private entities providing services to public agencies ..6c. Application of the SUNSHINE Law to specific private entities ..7(1) Direct-support organizations ..7(2) Economic development organizations ..8(3) Homeowners associations ..8(4) Political parties ..8(5) Volunteer fire departments ..84. Are federal agencies subject to the SUNSHINE Law? ..85. Does the SUNSHINE Law apply to the Governor and Cabinet? ..9a. Governor and Cabinet ..9b. Meetings between the Governor, President of the Senate, or Speaker of the House of Representatives ..96. Does the SUNSHINE Law apply to commissions created by the Constitution?

3 107. Does the SUNSHINE Law apply to the Legislature? ..108. Does the SUNSHINE Law apply to the 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.

4 14iiGOVERNMENTfiINfiTHEfiSUNSHINEfiMANUA LC. DOES THE SUNSHINE LAW APPLY TO TELEPHONE, ELECTRONIC, OR WRITTEN COMMUNICATIONS BETWEEN BOARD MEMBERS? ..151. Application of the SUNSHINE Law to telephone conversations, written correspondence, and electronic communications media ..15a. Telephone conversations ..15b. Written correspondence, e-mails, text messages and other electronic communications ..152. Authorization to conduct public meetings via telephone, video conferencing, computer, or other electronic media ..16a. State boards ..16b. Local boards ..16(1) Meetings ..16(2) Workshops ..17D. DOES THE SUNSHINE LAW APPLY TO A SINGLE INDIVIDUAL OR TO A MEETING BETWEEN A BOARD MEMBER AND A NONBOARD MEMBER?

5 171. Delegation of authority to single individual ..182. Use of nonboard members or staff to act as liaisons or to conduct a de facto meeting of the board ..19E. WHAT TYPES OF DISCUSSIONS ARE COVERED BY THE SUNSHINE LAW? ..211. Informal discussions, workshops, organizational sessions, election of officers ..212. Fact-finding or inspection trips ..223. Confidential records discussions ..224. Investigative meetings ..235. Legal matters ..23a. Settlement negotiations or strategy sessions related to litigation expenditures ..23(1) Is s. (8) to be liberally or strictly construed? ..24(2) Who may call an attorney-client meeting? ..24(3) Who may attend? ..24(4) Is substantial compliance with the conditions established in the statute adequate?

6 25(5) What kinds of matters may be discussed at the attorney-client session? ..25(6) When is an entity a party to pending litigation for purposes of the exemption? ..26(7) When is litigation concluded for purposes of s. (8)(e)? ..27b. Risk management exemption ..27c. Notice of settlement of tort claim ..286. Personnel matters ..28a. Collective bargaining discussions ..28(1) Strategy sessions ..28(2) Negotiations ..29b. Disciplinary, grievance, and complaint review proceedings ..29c. Evaluations ..30d. Selection and screening committees ..307. Purchasing committees ..31a. Application of SUNSHINE Law ..31b. Recording requirement for exempt meetings ..318. Quasi-judicial proceedings or hearings.

7 329. Real property negotiations ..3210. Security matters ..33F. DOES THE SUNSHINE LAW APPLY TO: ..331. Candidates or members-elect ..33a. Candidates ..33 GOVERNMENT -IN-THE- SUNSHINE -MANUAL iiib. Members-elect ..332. Meetings between members of different boards ..333. Meetings between a mayor and a member of the city council ..34 Meetings between a board member and his or her alternate ..345. Ex officio board members ..346. Board members attending meetings or serving as members of another public board ..34a. Board members serving as members of another public board ..34b. Board members attending meetings of another public board ..357. Staff and public officials also serving as members of public boards.

8 358. Community forums sponsored by private organizations ..369. Social events ..3610. A husband and wife serving on the same board? ..37G. WHAT ARE THE NOTICE AND PROCEDURAL REQUIREMENTS OF THE SUNSHINE LAW? ..371. What kind of notice of the meeting must be given ..37a. Reasonable notice required ..37b. Paid advertising requirements, and additional notice provisions imposed by other statutes, codes, or ordinances ..38c. Notice requirements when meeting adjourned to a later date ..39d. Notice requirements when board acting as quasi-judicial body or taking action affecting individual rights ..392. Does the SUNSHINE Law require that an agenda be made available prior to board meetings or restrict the board from taking action on matters not on the agenda?

9 393. Does the SUNSHINE Law specify when boards are required to conclude their meetings?..404. Does the SUNSHINE Law limit where meetings of a public board or commission may be held ..40a. Luncheon meetings..40b. Meetings at facilities that discriminate or unreasonably restrict access prohibited ..40c. Out-of-town meetings ..405. Can restrictions be placed on the public s attendance at, or participation in, a public meeting? ..41a. Public s right to attend or record meeting ..41(1) Size of meeting facilities ..41(2) Inaudible discussions ..41(3) Exclusion of certain members of the public ..42(4) Cameras and tape recorders ..42b. Public participation.

10 426. May the members of a public board use codes or preassigned numbers in order to avoid identifying individuals? ..447. May members of a public board vote by written or secret ballot? ..448. Are board members authorized to cast proxy votes? ..449. Are board members authorized to abstain from voting? ..4410. Is a roll call vote required? ..4511. Must written minutes be kept of all SUNSHINE meetings, including workshops? ..45a. Scope of minutes requirement ..45b. Content of minutes ..46c. Tape recording or internet archive as minutes ..46d. Use of transcript as minutes ..46H. WHAT IS THE LEGAL EFFECT OF STATUTORY EXEMPTIONS FROM THE SUNSHINE LAW? ..46ivGOVERNMENTfiINfiTHEfiSUNSHINEfiMAN UAL1.


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