When city administrators plan and convene for public meetings, they must act in accordance with the Florida Public Meetings Act, which ensures that citizens have the right to access government meetings and records. Read on to learn the key provisions of the Florida Public Meetings Act.
What is the Florida Public Meetings Act?
The Florida Public Meetings Act, also known as the “Sunshine Law,” is a set of statutes designed to ensure transparency and openness in government proceedings at the state and local levels within Florida. Enacted in 1967, the law mandates that governments must be accessible to the public and official business must be conducted openly.
The Sunshine Law defines a meeting as any discussion (either in formal or casual settings) between two or more members from the same public board or commission about an issue on which the board could take action in the foreseeable future. A quorum of board members is not required to be present for a meeting to be covered under the law.
The Florida Public Meetings Act applies to the following groups:
- Florida legislature
- Municipal corporations
- Political subdivisions
- City councils
- Public agencies
- School boards
- County commissions
- Advisory boards
- City commissions
- Special district boards
Federal agencies operating in Florida do not have to operate within the regulations of the Florida Public Meetings Act.
Key Provisions of the Florida Public Meetings Act
Members-elect of public boards are immediately covered by the Sunshine Law once they are elected to office. Learn about its key provisions.
1. Openness
The fundamental role of the Florida Public Meetings Act is to enshrine the rights of members of the public to be informed members of the legislative process while it happens. The Sunshine Law confirms that all public meetings are open to the public at all times. Public meetings are also the only place where resolutions, rules, or formal actions are considered to be binding decisions. Meetings must be held in a location that is reasonably accessible and does not discriminate against anyone based on sex, race, age, creed, color, background, or economic status.
During the meetings, the public has a right to speak their minds regarding meeting topics, but the legislative body or board can enforce reasonable restrictions on behavior. This can be done with time limits for each speaker or requesting that representatives of each side of an issue speak rather than every meeting attendee.
2. Notice
The Florida Public Meetings Act affirms that the public must be given reasonable notice of an upcoming meeting before it takes place, but the Sunshine Law does not offer a specific definition of what counts as reasonable notice. Seven days is a generally accepted minimum for open meetings. In the case of emergency meetings, notice must be posted at least 24 hours before the meeting time.
There is more detailed language for what information should be included in the notice. Governing bodies must provide the date, time, meeting location, a list of agenda items if available, and a summary to the public. The notice should be displayed in easily accessible places, such as the governing body’s website, a widely circulated newspaper, or the office of the agency behind the meeting.
3. Access
All governing bodies must provide a summary of the open meeting or a copy of the minutes to keep as public records. There is no requirement for any board to record the meetings, but if recordings are made, then they also become public records. Documents become part of public records as soon as they are sent to a public agency unless there is a legal exemption that makes them confidential. Private citizens can make meeting recordings of their own, as long their method for doing so does not disrupt the proceedings.
The personnel records of public employees are too considered publicly accessible unless the legislative body has received a specific exemption or been authorized to limit access to certain documents. Statutory exemptions also apply to personnel records.
Members of the public can make a public records request for documents in person, in writing, or over the telephone. The public records custodian must honor the request unless otherwise exempted and the reason for the ask does not have to be disclosed. If the request for public records is denied, then a custodian must explain why in writing.
4. Exceptions
Public agencies are allowed to hold closed meetings for a select few reasons such as meeting with an attorney over pending litigation, portions of collective bargaining sessions, making probable cause determinations, or discussing confidential records.
Unless these meetings receive exemptions, the public should still receive notice of their occurrence with a time, date, and the names of the personnel attending the meeting. The meetings should also be recorded by a court reporter and the transcript should be made part of the public record after the litigation is concluded.
5. Enforcement
Any public official who knowingly attends a meeting that violates the Florida Public Meetings Act can be found guilty of a misdemeanor. Fines for these violations can go up to $500. Local state attorneys have the authority to prosecute criminal violations of the Florida Public Meetings Act. There are also civil responses for certain infractions.
When an action has been filed against a board or public agency, the court will assess a reasonable attorney’s fee against the agency or the person who filed the action if the court deems it to be filed in bad faith or too frivolous to proceed. Members of public agencies have the right to appeal and will have their attorney’s fees reimbursed if they are acquitted.
eScribe Powers Effective City Councils
The Florida Public Meetings Act protects the rights of the public to become informed citizens when it comes to local legislature. As the organizers of open meetings, the boards of public agencies and city councils have a lot of responsibility to ensure meetings are conducted properly, educate public attendees, and meet state standards for compliance.
Meeting management software such as eScribe can help your team accomplish all of these goals. eScribe helps governments get the most out of their meetings with a comprehensive suite of tools for creating agendas, conducting votes, reporting, and more. For public access, it allows citizens to participate in meetings in person or virtually, with closed caption live streaming, the ability to submit comments, and a request to speak function.
Learn more about how our platform supports open governance in this Greensboro case study.