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