Sunshine Law and Pubic Records for Atlantic Beach -Bartle and DiazGovernment 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
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.
Three Basic Requirements of
the Sunshine Law
1)Meetings of public boards/committees must be open and
accessible to the public;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.F.S.defines minutes as a brief summary or series
of brief notes or memoranda reflecting the events of the
meeting;accordingly a verbatim transcript is not required.
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
On Facebook
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 Committee
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