Inweekly contacted the Florida First Amendment Foundation, a non-profit considered to be the authority of Florida’s Sunshine Law, and asked whether Mayor-Elect D.C. Reeves’ transition team must follow the open meetings and public record requirements of the state statute.
And the answer is yes. Reeves must follow the Sunshine Law, even though he won’t take office until late November. Plus, the transition team must do it also.
Daniela Abratt of the Thomas & LoCicero law firm in Fort Lauderdale helps the foundation with its hotline.
She said, “The Sunshine Law explicitly applies to people elected to office but who have not taken office yet: ‘All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times…,'” – Fla. Stat. s. 286.011(1)
As far as the transition, the opinion she mentioned is here.
“Essentially, the Attorney General’s office explains that courts have found that committees comprised of private citizens whose purpose is to make recommendations to the mayor would be subject to the Sunshine Law,” Abratt said . “This provides support for the idea that the transition team appointed by the mayor-elect would similarly be subject to the Sunshine Law.”
We’ve reached out to Reeves for comment. He texted, “Had a meeting with Charlie about this yesterday. Like deja vu from four years ago, it’s a gray area – more details to it – but safest to operate in most likely. Capt. Kinsella is in Ireland but will discuss with him Tuesday.”
The mayor-elect added, “But we’re prepared to operate in Sunshine, we’re comfortable with it. I worked with city to do it four years ago, and we are certainly as prepared as any team would be to do it again.”
