From the Florida Attorney General’s website – I’ve highlighted certain points:
Q. What is the Sunshine Law?
A. Florida’s Government-in-the-Sunshine law provides a right of access to governmental proceedings at both the state and local levels. It applies to any gathering of two or more members of the same board to discuss some matter which will foreseeably come before that board for action. There is also a constitutionally guaranteed right of access. Virtually all state and local collegial public bodies are covered by the open meetings requirements with the exception of the judiciary and the state Legislature which has its own constitutional provision relating to access.
Q. What are the requirements of the Sunshine law?
A. The Sunshine law requires that 1) meetings of boards or commissions must be open to the public; 2) reasonable notice of such meetings must be given, and 3) minutes of the meeting must be taken.
Q. What agencies are covered under the Sunshine Law?
A. The Government-in-the-Sunshine Law applies to “any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision.” Thus, it applies to public collegial bodies within the state at both the local as well as state level. It applies equally to elected or appointed boards or commissions.
Q. Does the Sunshine Law applies to members-elect?
A. Members-elect of public boards or commissions are covered by the Sunshine law immediately upon their election to public office.
Q. What qualifies as a meeting?
A. The Sunshine law applies to all discussions or deliberations as well as the formal action taken by a board or commission. The law, in essence, is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. There is no requirement that a quorum be present for a meeting to be covered under the law.
Q. Can a board vote by secret ballot?
A. The Sunshine law requires that meetings of public boards or commissions be “open to the public at all times.” Thus, use of preassigned numbers, codes or secret ballots would violate the law.
Q. Can two members of a public board attend social functions together?
A. Members of a public board are not prohibited under the Sunshine law from meeting together socially, provided that matters which may come before the board are not discussed at such gatherings.
Q. What agency can prosecute violators?
A. The local state attorney has the statutory authority to prosecute alleged criminal violations of the open meetings and public records law. Certain civil remedies are also available.
