Handout- Sunshine Training 11-30-17 -vThe First Amendment Foundation
Protecting Your Right to Know for 30 Years!
2017
Sunshine Training
City of Atlantic Beach
Florida , The Sunshine State
Florida is one of only a handful of states that has both a constitutional
and statutory right of access to the records and meetings of its
government.
Our public records law was first enacted in 1909. Before that, state
courts recognized a common law right of access to government
records.
Today's Sunshine Law was enacted in 1968. However, Florida's first
open meetings law was passed in 1905.
In 1992, Florida voters overwhelming approved a constitutional right
of access to the records of all three branches of state government,
and the meetings of state agencies and local governments.
i. /,'ilL,
Florida's
Public Records Law
Article I , s . 24(a ), Fla . Con .
Chapter 119, F. S.
e...,_FLORIDA'S CONSTITUTION
Access to Government Records
Article I , section 24(a )
Every person has the right to inspect or copy any public record
made or received in connection with the official business of
any public body, officer, or employee of the state, or persons
acting on their behalf . . .This section specifically includes the
legislative, executive, and judicial branches of government; . . .
counties, municipalities, and districts; and each constitutional
officer, board, and commission . . . . "
Ak- Access to Government
Records
State Agencies & Local Government —
Chapter 119, Florida Statutes
The Florida Legislature —
Section 11 .0431, Florida Statutes
Florida Courts —
Rule 2 .420, Florida Rules of Judicial
Administration
Who's Responsible for1111.
Providing Access ?
Section 119.07(1)(a) : " Every person who has custody of a
public record shall permit the record to be inspected and
copied by any person . . . at any reasonable time, under
reasonable conditions, and under supervision by the
custodian of the public records. "
Section 119.011(5) : Defines " custodian of public records" as
the person who is responsible for "maintaining the office
having public records . . . ."
Section 119.07(1)(b): Authorizes the custodian to designate
another to permit inspection and copying; requires disclosure
of designee' s identity.
0:I14 I
Who's Responsible for
Providing Access ?
NOTE : Although s. 119 .011(5), F.S., defines " custodian of
public records " as the person who is responsible for
maintaining the office having public records, " the
Florida courts have concluded that the statutory
reference to the records custodian does not alter the
duty of disclosure " imposed by s. 119 .07( 1) upon
every person "who has custody of a public record . " Pulsv.
City of Port St. Lucie 678 So.2d 514 (Fla. 4th DCA 1996)
Who's Responsible for
Providing Access ?
Section 119.011(2), F.S., defines "agency" as any state, county,
district, authority, . . . division, board, bureau, commission, . . .
And any other public or private agency, person, partnership,
corporation, or business entity acting on behalf of any public
agency."
Section 119.0701, F.S., stipulates that all public agency contracts for
services contain a provision requiring the contractor to comply
with the public records law and to provide the public with access
to public records under the same terms and conditions — and at
the same cost — as the public agency. The contracting agency is
responsible for ensuring that its contractors comply with the
disclosure requirements.
i
41°.....----- Who Can Request
Public Records ?
The word " person " is defined to include " individuals, firms,
associations, joint []ventures, partnerships, estates, trusts, . . .
corporations, and all other groups or combinations." section
1.01(3), F.S.
The " law provides any member of the public access to public
records, whether he or she be the most outstanding civic
citizen or the most heinous criminal . Church of Scientology Flag
Service Org., Inc v. Wood, No. 97-688C1-07 (Fla. 6th Cir. Ct. Feb. 27, 1997)
e,Who Can Request
Public Records ?
A " person ' s motive in seeking public records is irrelevant. "
Timoney v. City of Miami Civilian Investigative Panel, 917 So.2d 885, 886n.3
Fla. 3rd DCA 2005)
Thus, "the motivation of the person seeking the records does
not impact the person ' s right [of access] under the Public
Records Act. Curry v. State, 811 So.2d 736, 742 (Fla. 4th DCA 2002)
The fact that a person seeking access to public records wishes
to use them in a commercial enterprise does not alter his or
her rights under Florida ' s public records law. " Microdecisions, Inc.
v. Skinner, 889 So.2d 871, 875 (Fla. 2nd DCA 2004)
4100
111,1
What is a Public Record ?
The term " public record " means " all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings,
data processing software, or other material, regardless of the
physical form, characteristics, or means of transmission, made
or received pursuant to law or ordinance or in connection
with the transaction of official business by any agency. " Section
119.011(11), F.S.
This includes " any material prepared in connection with official
agency business which is intended to perpetuate,
communicate, or formalize knowledge of some type. Shevin v.
Byron, Harless, Schaffer, Reid and Assoc., 379 So. 2d 633, 640 (Fla. 1980)
4)What is a Public Record ?
E- Mail
E-mail messages made or received by agency officers and
employees in connection with agency business are public
records and subject to disclosure [and retention
requirements] absent a specific statutory exemption . AGOs 96-
34 and 01-20
Text Messages
The Attorney General has said that the "same rules that apply to
e-mail should be considered for electronic communications"
including text messages and instant messaging. Inf. Op. to
Browning, March 17, 2010
What is a Public Record ?1110
Facebook Posts
The Attorney General has also said placement of material on an
agency's Facebook page presumably would be in connection with
the transaction of official business and thus subject to the public
records law, and that the agency is under an obligation to follow
retention schedules established by law. AGO 09-19
Tweets
And although neither the AGO nor the courts have directly addressed
the issue of tweets as a public record, we can safely assume that
such records, if "intended to perpetuate, communicate, or formalize
knowledge "related to official agency business are subject to the
requirements of the public records law.
What is a public record ?
Requests for Information
Florida's public records law requires an agency to provide
access to public records. But an agency is not required to
provide information from those records . AGO 92-38
Florida's public records law provides a right of access to
inspect and copy an agency's existing public records; it
does not mandate that an agency create new records in
order to accommodate a request for information from
the agency. Wooten v. Cook, 590 So.2d 1039 (Fla. 1st DCA 1991)
Ah.. /
What is a Public Record ?
Record Retention Requirements
Section 119.021(2)(a), F.S., requires the Division of Library and
Information Services (DOS) to adopt rules establishing retention
schedules and a disposal process for public records.
Section 257.36(6), F.S., says that public records can be destroyed or
otherwise disposed of "only in accordance with retention schedules
established by the division. "
Division of Library & Information Services
State Records Center
850/245-6750
RecMgt@dos.state.fl.us
http://dlis.dos.state.fl.us/RecordsManagers
i
e Reasonable Conditions
Agency Imposed Restrictions
An agency may not impose a rule or condition on the right of
access that operates to restrict or circumvent that right. AGO
75-50
Absent specific statutory authority, an agency cannot
require :
that requests for records be made in writing; or
Dade Aviation Consultants v. Knight Ridder, Inc., 800 So.2d 302 (Fla. 3d DCA 2002)
that a requestor provide identity or the reason for the
request. AGOs 92-38 and 91-76
0N.
Reasonable Conditions
Prompt Response v. Reasonable Production
Section 119 .07( 1) (c), F.S., requires that requests to inspect
or copy public records be acknowledged promptly and in
good faith .
This is separate from the reasonable production
requirement in s. 119 .07( 1) (a ) . The Florida Supreme
Court has said that " reasonable " means the time it takes
to locate a record, review it for exempt information, and
provide a copy to the re q u e sto r. Tribune Company v. Cannella, 458
So.2d 1075, 1078 (Fla. 1984)
Fees & Costs
The custodian of public records must furnish a copy or a
certified copy of the [requested] record upon payment of
the fee prescribed by law. Section 119.07(4), F.S.
Authorized Fees
15 C a page for paper copies up to 81/2 x 14 inches, plus an
additional 5 C for two-sided copies.
or
The actual cost of duplication for large size paper or non-
paper copies. Section 119.07(4)(a), F.S.
0141
Fees & Costs
Actual cost of duplication " means the cost of the material and
supplies actually used to duplicate the public record . Labor
and overhead costs are specifically excluded and such costs
can ' t be passed on to the requestor. Section 119.011(1), F.S.
Other Authorized Fees
Fees prescribed by statute. Section 119.07(4), F.S.
1.00 per copy for certified copies of public records. Section
119.07(4)(b), F.S.
Charges for county maps or aerial photographs supplied by
county constitutional officers can include reasonable labor
and overhead costs associated with duplication . Section
119.07(4)(c),F.S.
e,Fees & Costs
Extensive Use
Section 119.O7(4)(d), F.S., allows an agency to charge a
reasonable fee for the extensive use of agency resources —
personnel, information technology, or both — in addition to
the actual cost of duplication .
Such fees must be reasonable and based on actual costs
incurred . Section 119.07(4)(d), F.S.
Automatic application is prohibited . AGO 90-07
Agencies should have
a definition of " extensive use " and
a justification for the definition . 2016 Sunshine Manual, pp. 163-
164.
O'°..•.•. "Fees & Costs
Fees for Those Who Make Their Own Copies
If a requestor makes his own copies or provides the materials
and supplies necessary to duplicate the record, the custodian
can ' t charge copy fees but may charge a supervisory service
charge if supervision requires an extensive use of agency
resources. AGO 82-23
However, it is difficult to justify the imposition of a fee for
supervisory time if the personnel providing such supervision is
simultaneously performing regular duties. AGO 00-11
01.1
Fees & Costs
Inspection of Public Records
Generally, an agency can't charge for the mere inspection of
public records. AGO 75-50
However, an agency may charge a reasonable fee based on
actual labor costs for clerical personnel who are required, due
to the nature or volume of a request, to safeguard such
records from loss or destruction during the inspection . AGO 00-
11
But again, if the employee supervising continues to perform
regular duties, the person inspecting shouldn't be charged for
supervisory time. AGO 00-11
e Electronic Records
Electronic Format
Everyone has a right to public records in "some meaningful
form . Seigle v. Barry, 422 So. 2d 63, 66 (Fla. 4th DCA 1982)
An agency must provide a copy of a public record in the format
requested if the record is maintained in that format. Section
119.01(f), F.S.
If the record is not in the format requested, an agency has the
option of converting the record and charging a fee pursuant to
s 119.07(4) . F.S.
al, Electronic Records
PDF v. Requested Electronic Format
Although neither the Attorney General nor the courts have
directly addressed the issue of providing a . pdf in lieu of
the requested format, there is an Attorney General
Opinion, AGO 91-61, which is analogous.
In this opinion, the Attorney General opined that if an
agency is asked for a copy of an electronic record, the
agency must provide a copy of the record in its original
format — a typed transcript does not satisfy the
requirements of s. 119.07(1), F.S.
el,Presumption of Openness
All records are presumed open and subject to disclosure
unless there is a specific statutory exemption . Art. I, s. 24(a),
Fla. Con
Only the Legislature can create an exemption to our
constitutional right of access. Art. I, s. 24(c), Fla. Con.
Even the " courts cannot judicially create any exceptions,
or exclusions to Florida's Public Records Act. " Board of
County Commissioners of Palm Beach County v. D.B., 784 So. 2d 585, 591 (Fla. 4th
DCA 2001)
e Exemptions
Burden of Proof
The public records law is to be liberally construed in favor of open
government, and exemptions from disclosure are to be narrowly
construed so they are limited to their stated purpose. Krischer v.
D 'Amato, 674 So.2d 909, 911 (Fla. 4th DCA 1996)
An agency claiming an exemption bears the burden of proving the right
to an exemption. Woolling v. Lamar, 764 So.2d 765, 768 (Fla. 5th DCA 2000)
If an agency denies a request public records in whole or in part, the
agency must put the denial in writing, provide the exact statutory
citation authorizing the denial, and explain "with particularity" the
conclusion that the record is exempt if asked to do so by the
requestor. Section 119.07(1)(f), F.S.
el,Exemptions
Redacting Exempt Information
If a record contains both exempt and non-exempt information,
the keeper of the record must redact (delete) that which is
exempt and provide access to the remainder. Section 119.07(1)(d),
F.S.
An agency may not ordinarily charge for the cost to review
records for exempt information . AGO 84-81
However, an extensive use fee may be imposed if review and
redaction require an extensive use of agency resources. Florida
Institutional Legal Services v. Florida Department of Corrections, 579 So. 2d 267,
269 (Fla. 1St DCA 1991), review denied, 592 So. 2d 680 (Fla. 1991)
al,Exemptions
Exempt v. Confidential and Exempt
If information is exempt from public disclosure, the custodial
agency may allow access to such information . Williams v. City of
Minneola, 575 So. 2d 683 (Fla. 5th DCA), review denied, 589 So. 2d 289 (Fla. 1991)
and 2016 Sunshine Manual at pp. 158 - 159.
Information that is confidential and exempt cannot be released
except as specified by the exemption . WFTV, Inc. v. School Board of
Seminole County, 874 So.2d 48 (Fla. 5th DCA 2004) , review denied, 892 So. 2d
1015 (Fla. 2004) and 2016 Sunshine Manual at p. 158.
Oq
Other Restrictions
Effect of Federal Law
Access to records subject to public disclosure under Florida law
can be denied only when there is an absolute conflict
between state and federal law relating to confidentiality of
such records. 2016 Sunshine Manual, pp. 160 — 62
If a federal statute requires particular records to be closed and
the state is clearly subject to the provisions of the statute, the
state must keep the records confidential . State ex. Rel. Cummer v.
Pace, 159 So. 679 (Fla. 1935)
41,Other Restrictions
Access to Copyrighted Material
In the absence of statutory authorization, a public agency cannot
copyright material produced in connection with the
transaction of agency business. Microdecisions, Inc. v. Skinner, 889 So.
2d 871 (Fla. 2d DCA 2004), review denied, 902 So. 2d 291 (Fla. 2005), cert. denied,
126 S.Ct. 746 (2005)
The fact that material received by a public agency may be
copyrighted does not preclude the material from constituting
a public record . AGO 97-84 and 201 Sunshine Manual at pp. 160 - 162
Sanctions
Suspension or removal from office. Section 112.52(1), F.S.
An intentional violation of the public records law is a 1st
degree misdemeanor punishable by a fine of up to $ 1,000 and
a jail term not exceeding one year. Sections 119.10(1)(b) and (2), F.S.
An unintentional violation of the law is a non-criminal
infraction punishable by a fine not exceeding $500. Section
119.10(1)(a), F.S.
Attorney's fees and court costs. Section 119.12, F.S.
4.
7e;
ilL
Florida 's
Open Meetings Law
Article I , s . 24( b) , Fla . Con .
Section 286 .011 , F. S .
Alk.. FLORIDA' S CONSTITUTION
MIF—z,--,
Access to Government Meetings
Article I , section 24( b)
All meetings of any collegial body of the executive branch
of state government or of any . . . county, municipality,
school district, or special district, at which official acts are
to be taken or at which public business . . . is to be
transacted or discussed, shall be open and noticed to the
public . . . .
Florida Legislature
Note that the Florida Legislature is not subject to the
meetings provision in Article I, section 24( b),
of Florida's Constitution .
However, the Legislature is bound by the requirements
of Article III, s. 4(e), Fla . Con ., which says that pre-
arranged meetings between more than 2 members
of the Legislature must be " reasonably" open to the
public.
6.
Florida Courts
Florida courts are not bound by the meetings
requirements in Article I, section 24( b), Fla . Con .
However, Amendments I and VI of the U .S. Constitution
guarantee open judicial proceedings, and although a
court has the inherent power to control its
proceedings, there is a " strong presumption of
openness " in both criminal and civil proceedings. In
each case a court must balance the interests of the
parties against those of the public.
dik. FLORIDA'S SUNSHINE LAW
P' Section 286 . 011, F.S.
Three Requirements
1 . Meetings of public agencies must be open to the
public;
1 . Reasonable notice of such meetings must be given;
and
1 . Minutes must be taken .
10,What is a " meeting? "
Generally, the Sunshine Law applies to any gathering,
whether formal or informal, of two or more
members of the same board or commission to
discuss some issue on which foreseeable action will
be taken by the board or commission . Hough v. Stembridge,
278 So.2d 288 (Fla. 3d DCA 1973)
0,,What is a " meeting? ”
Evasive Devices
The Sunshine Law applies, generally, to deliberations and
discussions between two or more members of the board on
any issue on which foreseeable action might be taken, and the
use of a telephone to conduct such discussions does not
remove the conversations from the requirements of the law.
State v. Childers, No. 02-21939-MMC; 02-21940-MMB (Escambia Co. Ct. June 5,
2003), per curiam aff 'd., 886 So.2d 229 (1st DCA 2004)
Similarly, members of a public board can't use computers to
conduct private discussions among themselves about board
business. AGO 89-39
What is a " meeting? "
Who is Covered by the Sunshine Law?
All public agencies in the state : state agencies, local
governments, school boards, and special districts.
Advisory boards and committees.
Private companies doing business on behalf of a
government agency.
One person acting on behalf of a board or commission .
Members- and Officers-elect.
Ie,What is aatisa " m
Who is Covered by the Sunshine Law?
Advisory boards or committees created pursuant to law or
ordinance or otherwise established by public agencies are
subject to the Sunshine Law even if their recommendations
are not binding. Town of Palm Beach v. Gradison, 296 So.2d 473 (Fla. 1974)
Staff meetings are not generally subject to the Sunshine Law.
School Board of Duval County v. Florida Publishing Company, 670 So.2d 99, 101
Fla. 1St DCA 1996)
But staff should refrain from polling board members on specific
issues which will come before the board for consideration .
AGO 75-59
e,What is a " meeting
9,
Who is Covered by the Sunshine Law?
The sunshine law applies to meetings between a board member
and an individual who is not a board member when that
individual is being used as a liaison between, or to conduct a
de facto meeting of, board members. AGO 74-47
A single member of a board or commission will be subject to the
sunshine law if that one person has been delegated the
authority to act on behalf of the entire board or commission .
AGOs 74-294; 75-41; and 10-15
mk.
W What is a " meeting? "
Who is Covered by the Sunshine Law?
Members-elect of boards or commissions are subject to the
sunshine law at the point election results are certified .
Hough v. Stembridge, 287 So.2d 288 (Fla. 3d DCA 1973) and Section 286.011, F.S.
The sunshine law applies to transition teams appointed by a
member- or officer-elect for the purpose of making
recommendations. Inf. Op to Lamar, August 2, 1993
10, What is a " meeting? "
When the Sunshine Law does not apply:
When a committee has been established for the sole
purpose of fact-finding — gathering information and
reporting the facts — the Sunshine Law will not apply. Cape
Publications, Inc. v. City of Palm Bay, 473 So.2d 222 (Fla. 5th DCA 1985)
However, the "fact-finding exception " applies only to
advisory committees and not to boards with " ultimate
decision-making authority. Finch v. Seminole County School
Board, 995 So. 2d 1068 (Fla. 5th DCA 2008)
0,,,,What is a " meeting? "
When the Sunshine Law does not apply:
Community or political forums sponsored by a private
organization are not subject to the sunshine law even though
two or more members of the same board or commission are
in attendance and discussing issues that may come before
them in their official capacity. AGOs 92-05 and 94-62
The sunshine law will apply, however, if the members of the
board or commission discuss such issues among themselves.
What is a " meeting? "
When the Sunshine Law does not apply:
The Sunshine Law does not apply to social gatherings
attended by two or more members of the same board or
commission provided that public business is not
discussed . AGO 92-79
ah..
Procedural Requirements
1. Notice
Must be sufficient so as to inform; and
Must be reasonable in terms of
Content
Timing
Placement
NOTE: Other statutes, codes or ordinances may impose different — and
more stringent notice requirements — than those required by s.
286.011.
Procedural Requirements
The type of notice that must be given is variable, depending on
the facts of the situation and the board involved . In each
case, an agency must give notice at such time and in such a
manner as will enable the media and the general public to
attend the meeting. AGOs 04-44, 80-78, and 73-170.
The purpose of the notice requirement is to apprise the public of
the pendency of matters that might affect their rights, afford
them the opportunity to appear and present their views, and
afford them a reasonable time to make an appearance if they
wish . Rhea v. City of Gainesville, 574 So. 2d 221, 222 (Fla. 1st DCA 1991)
Ah.
W Procedural Requirements
2 . Public Participation
The Florida Supreme Court has said that government
boards and commissions should not be allowed to
deprive the public of the " inalienable right to be
present and to be heard at all deliberations
wherein decisions affecting the public are being
made . ''Board of Public Instruction of Broward County v. Doran, 224 So. 2d
693, 699 (Fla. 1969)
04
Procedural Requirements
Section 286.0114, F.S., requires boards and commissions to
provide the public with a "reasonable opportunity to be
heard" on propositions before the board or commission .
The right to speak doesn't have to be at the same meeting at
which the proposition will be considered, but it must occur
within reasonable proximity to the meeting at which official
action will be taken .
The law allows for the adoption of reasonable rules requiring
orderly conduct and the orderly progression of a meeting,
subject to a few minor exceptions.
r
IIILProcedural Requirements
Reasonable Rules
A government agency may adopt reasonable rules which require
orderly behavior and allow for the orderly progression of
public meetings. Section 286.0114, F.S.
To remove a speaker who has become disruptive during a
meeting does not violate the speaker's First Amendment
Rights. Jones v. Heyman, 888 F.2d 1328 (11th Cir. 1989)
However, the use of non-disruptive recording devices, whether
cameras or tape recorders, cannot be banned . Pinellas County
School Board v. Suncam, Inc. 829 So. 2d 989 (Fla. 2d DCA 2002)
ei,,i
Procedural Requirements
3 . Location
A government agency -
Cannot hold a meeting at any facility which
discriminates based on age, race, etc.;
Cannot unreasonably restrict public access; and
Must hold meetings in a facility of sufficient size so
as to accommodate the anticipated turnout. 2016
Sunshine Manual, pp. 40 - 41
i
e,Procedural Requirements
3 . Location/Out-of-Town Meetings
Public access to meetings of public boards or commissions is the "key
element" of the Sunshine Law, and public agencies are advised to avoid
holding meetings in places not easily accessible to the public. 2016
Sunshine Manual, p. 40
The fact that a meeting is held in a public room does not make it public within
the meaning of the Sunshine Law; for a meeting to be "public," the public
must be given advance notice and provided with a reasonable opportunity
to attend. Bigelow v. Howze, 291 So. 2d 645 (Fla. 2d DCA 1974)
Some statutes limit where board meetings may be held — s. 125.011 (county
commissions) and s. 1001.372 (school boards) — and the Attorney General
has opined that city commissions should hold meetings within city
boundaries. AGOs 08-01 and 03-03
i
le,Procedural Requirements
4. Inaudible Discussions
A violation of the sunshine law may occur if board
members discuss board business in a manner not
generally audible to the public attending the
meeting. Although such a meeting is not
clandestine, it nonetheless violates the letter and
spirit of the law. Rackleff v. Bishop, No. 89-235 (Fla. 2d Cir. Ct. March 5,
1990)
Procedural Requirements
5 . Voting
Board members may use written ballots to cast a vote if the
votes are made openly at a public meeting, the name of the
person who voted and his or her selection are written on
ballot, and the ballots are maintained and made available for
public inspection . AGO 73-344
A member of a state, county, or municipal board who is present
at a meeting cannot abstain from voting unless there is, or
appears to be, a possible conflict of interest under the Code
of Ethics for Public Officers and Employees. Section 286.012, F.S.
4) Exemptions
Presumption of Openness : All meetings between two
or more members of the same board or commission
are open to the public unless there is a specific
statutory exemption .
Only the Legislature can create an exemption to our
constitutional right of access. Art. I, s. 24(c), Fla. Con.
If denied access to a meeting, the person denied may
demand the statutory citation authorizing closure .
04
Litigation Exemption
Section 286 .011 ( 8) , F. S.
1. Applies to pending litigation to which the public agency is
presently a party;
2. Agency attorney must notify the agency at a public meeting;
3. Attendance is strictly limited;
4. Subject matter is limited to discussion of settlement
negotiations or strategy sessions related to litigation
expenditures;
5. Action is prohibited;
6. The meeting must be recorded by a court reporter; and
7. A transcript of the meeting becomes a public record at the
conclusion of the litigation.
Security Exemption
W
Section 286.0113 ( 1 ), F.S.
Allows closure of portions of government meetings
which would reveal a security system plan .
A " security system plan " includes " all records,
information, photographs, audio and visual
presentations, schematic diagrams, surveys,
recommendations, or consultations . . . relating to
the physical security of the facility or revealing
security systems . . . " Section 119.071(2), F.S.
ill,Competitive Solicitation Exemption
Section 286 . 0113 ( 2 ), F. S .
Those portions of a meeting at which a
1) negotiation with a vendor is conducted pursuant to a
competitive solicitation;
2) vendor makes an oral presentation as part of a competitive
solicitation; or
3) vendor answers questions a part of a competitive
solicitation are exempt, as are portions of team meetings at which
negotiation strategies are discussed are exempt. Sections 286.0113(2)(b) &
c)
Competitive solicitation " means the process of requesting and
receiving sealed bids, proposals or replies in accordance with the
terms of a competitive process, regardless of the method of
procurement. Section 85.0113(3)(a)1.
Cure Meetings
No resolution, rule, regulation, or formal action shall
be considered binding except as taken at an open
meeting. Section 286.011, F.S.
Action taken in violation of the Sunshine Law is void
ab initio . Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974)
Action — but not violations - can be cured when the
offending agency takes " independent final action in
the sunshine .
17
Tolar v. School Board of Liberty County, 398 So. 2d 427,
429 (Fla. 1981)
ei„
Sanctions
Suspension or removal from office. Section 112.52(1), F.S.
An unintentional violation : non-criminal infraction punishable
by a fine up to $500. Section 286.011(3)(a), F.S.
A knowing violation : 2d degree misdemeanor punishable by a
fine of not more than $500 and/or a jail term of not more
than 60 days. Section 286.011(3)(b), F.S.
Attorney fees and court costs. Sections 286.011(4) and (5), F.S.
dii.
mir- --,. Need Help ?
First Amendment Foundation
Call (800) 337-3518 or (850) 222-3518
E-mail sunshine@floridafaf.org
Open Government Mediation Program
Call (850) 245-0179
E-mail pat.gleason@myfloridalegal .com