Florida Sunshine Law

Florida's Government in the Sunshine Law, commonly called the Sunshine Law, passed in 1967. It requires that all meetings of any state, county, or municipal board or commission in Florida be open to the public, and declares that actions taken at closed meetings are not binding.[1] "Meeting" is construed broadly, and is not confined to "formal" assemblages at which a ritualistic vote takes place.[2] The legislature intended to make open the entire decision-making process by the enactment of the Sunshine Law.

Exemptions to the Sunshine Law are few. The Sunshine Review Act of 1995 applies to meetings.[1] According to that Act, an exemption must fit within one of three categories of identifiable public purposes, and must be seen as compelling enough to override a strong presumption of openness.[3]

Provisions

Private Communication Restrictions

Board members are prohibited from using telephone conversations, social media platforms such as Facebook, email, or text messages to conduct private discussions regarding board business. While individual discussions between board members and staff or non-board members are permissible, these individuals may not serve as intermediaries to relay information between board members. For instance, it is impermissible for a board member to task staff with polling other board members to ascertain their viewpoints on a particular issue.

Binding Actions at Open Meetings

Under the provisions of the Sunshine Law, any resolution, rule, regulation, or formal action must be conducted and ratified during an open meeting to be considered legally binding. This ensures transparency and accountability in decision-making processes within governmental bodies.

Penalties for Violations

The Florida Sunshine Law enforces penalties for violations, including misdemeanors and fines. Individuals found in breach of the law may face legal consequences as prescribed by the statutes governing public access to governmental proceedings and records.

References

  1. 1 2 "286.011 Public meetings and records; public inspection; criminal and civil penalties". Florida Statutes. Archived from the original on July 25, 2026. Retrieved August 24, 2026 – via Florida Legislature.
  2. ↑ "Times Publishing Company v. Williams". Florida Second District Court of Appeal. 1969. Retrieved August 24, 2026 – via Google Scholar.{{cite web}}: CS1 maint: url-status (link)
  3. ↑ "119.15 Legislative review of exemptions from public meeting and public records requirements". Florida Statutes. Archived from the original on May 27, 2026. Retrieved August 24, 2026 – via Florida Legislature.

Further reading

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