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Sunshine Law and Pubic Records for Atlantic Beach -City Clerk & Deputy CCGovernment in the Sunshine Law and Pubic Records for Atlantic Beach Board and Committee Members Donna Bartle, City Clerk Lori Diaz, Deputy City Clerk December 2019 Three Basic Requirements of the Sunshine Law 1)Meetings of public boards/committees must be open and accessible to the public;Section 286.011(6),F.S.,prohibits boards or commissions from holding their meetings at any facility which discriminates on the basis of sex,age,race, creed,color,origin,or economic status,or which operates in such a manner as to unreasonably restrict public access to such a facility. 2)Reasonable notice of such meeting must be given;The Sunshine Law does not define the term “reasonable notice. 3)Written minutes of meeting must be taken and promptly recorded.s.286.011,F.S.,a brief summary or series of brief notes or memoranda reflecting the events of the meeting;accordingly a verbatim transcript is not required. SCOPE OF THE SUNSHINE LAW Florida’s Government in the Sunshine Law,s.286.011,F.S.,commonly referred to as the Sunshine Law,provides a right of access to governmental proceedings of public boards or commissions at both the state and local levels. The law is equally applicable to elected and appointed boards,and 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. Members-elect to such boards or commissions are also subject to the Sunshine Law,even though they have not yet taken office. A “meeting” for Sunshine Law purposes can occur ... Via email Via text message On the phone In the ladies/men’s room In the grocery store At a soccer game Are the following allowed outside of a public meeting? a)Board Member A asking the Planning Director about his conversation with Board Member B on an upcoming Board agenda item? b)Committee Member A asking the City Attorney what Board Member B thinks about an upcoming purchase of police vehicles? c)Send an email to another Board Member (on the same Board as me) and ask them to respond or react to the information sent? d)Send an informational email to a fellow Committee Member specifically asking recipient not to respond? e)The City Manager discusses Board business with a Board member? Penalties for Violating Sunshine Law Knowing Violation: Second Degree Misdemeanor $500 fine and/or 60 days in County Jail All Other violations (unknowing violations): $500 non-criminal fine Attorney fees for Complaining Party Definition of “Public Record”. Section 119.011(12), F.S., defines “public records” to include: 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. The Florida Supreme Court has interpreted this definition to encompass all materials made or received by an agency in connection with official business which are used to perpetuate, communicate or formalize knowledge. What to do to ensure public records are being properly retained Members should provide or forward a copy of any and all public records to your committee/board’s staff liaison. Best practice would be to email the documents to one of the city email accounts. All city emails received or sent through a city email account are saved in an email archiver to ensure retention of records. PROVIDING PUBLIC RECORDS Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so,at any reasonable time,under reasonable conditions,and under supervision by the custodian of the public records. The custodian of records should protect them from alteration,damage,or destruction and ensure that any person reviewing the records is not subjected to physical constraints designed to preclude review. The requester is not required to put the request in writing,explain the purpose or reason for a public records request,or provide their personal information (unless the custodian is required by law to obtain this information prior to releasing the records). PUBLIC RECORDS –RIGHT OF ACCESS Florida’s Public Records Law,Ch.119,F.S.,provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Article I,s.24,Fla.Const.,establishes a constitutional right of access to 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,except those records exempted pursuant to Art.I, s.24,Fla.Const.,or specifically made confidential by the Constitution. In the absence of a statutory exemption,this right of access applies to all materials made or received by an agency in connection with the transaction of official business which are used to perpetuate, communicate or formalize knowledge. Publications Attorney General’s website: Florida’s Government-in-the-Sunshine and Public Records Law Manual Chapter 119, Public Records Chapter 286, Public Business: Miscellaneous Provisions FAQ’s