³ÉÈËAVÊÓƵ

The "Sunshine" law has two primary areas:

• Public records law, Chapter 119, F.S., provides the public the right to access, inspect and copy public records. (Please see separate Frequently Asked Questions on public records.)
• Public meetings and records law, Section 286.011, F.S., provides the public a right of access to government proceedings and records.

• Any meeting, typically of a board or committee, performing a function for which the Board of Trustees has delegated its authority such that decision making or policy making is performed (or it is foreseeable that it will be performed).
• Employment Search and Selection Committees are the most common example of this type of "delegated authority" meeting for ³ÉÈËAVÊÓƵ employees.
• Collective bargaining negotiations are also examples of covered public meetings.
• Boards or committees formed specifically for fact-finding or information-gathering purposes and not delegated with policy or decision-making authority are not subject to the Sunshine Law.

• Those meetings are generally not Sunshine meetings because they do not involve a "delegation of authority" from the BOT for decision making or policy making on behalf of the Board of Trustees.
• The majority of meetings that ³ÉÈËAVÊÓƵ faculty and staff attend in performance of their job duties are not public and as a result, there is no right for the public to attend or to participate.

• Any discussions or deliberations, formal or casual, between two or more covered committee members about a matter in which it is foreseeable that the covered entity might take action.
• "Meetings" include any workshops, telephone conversations, e-mail communications, or other interactions where covered material is exchanged, including social gatherings.

When scheduling a covered meeting, note:

• Public notice of meetings must be provided a reasonable amount of time ahead of the scheduled meeting..
• All meetings must be open to the public.
• The meetings must be held in a location accessible to the public.
• Minutes must be taken at all public meetings.
• If a vote occurs at the meeting, it must be done in the "sunshine".  Discussed further under "Do any special procedures apply to sunshine meetings?"

• While the public has a right to attend and observe a Sunshine meeting, the law does not provide the right for the public to participate in the meeting.
• The Committee Chair should provide a reasonable opportunity for members of the public to be heard at the meeting.  This is typically done through setting time aside at some point in the meeting for public comment.
• The Chair of a public meeting may limit the number of those that may address a public comment to the Committee, place time limits on how long a member of the public may speak, and request comments be confined to the subject matter discussed at the meeting.

• Notice must be sufficient to provide the public and/or media advance notification of the information to be discussed.
• The "type" of notice that must be given varies depending upon the facts of the situation.
• In some circumstances, posting the notice on bulletin boards or other generally viewed areas (e.g., website) is sufficient. In others, posting the notice in a newspaper may be required. As a general rule of thumb, posting most notices on the ³ÉÈËAVÊÓƵ Master Calendar seven (7) days in advance of the meeting will be considered "reasonable notice". 
• Notices must contain the time and place of the meeting, as well as either an agenda or subject matter to be covered at the meeting.

• Minutes must be taken.
• No secret ballots, but no "roll call" is required.
• All Committee members must vote, unless they declare a conflict of interest.
• The minutes must reflect a vote for each member.

• No. There is only an obligation to maintain accurate minutes of the meeting.
• However, a member of the public may audiotape or videotape a public meeting if s/he does so in a non-disruptive manner.

• Two or more members of a Sunshine-covered entity may meet socially, or otherwise, but in doing so may not discuss information where it is foreseeable that the covered entity may take action.
• Members of a Sunshine-covered entity may not use third party "go between" to communicate about issues subject to Sunshine requirements.

Yes.

• Second degree misdemeanor to knowingly violate the sunshine law
• Removal from position
• Fine of up to $500
• Reasonable attorney's fees
• Declaratory and injunctive relief
• Any action taken by a Committee at a non-compliant meeting may be declared invalid.

Please contact

Office of the General Counsel

1 ³ÉÈËAVÊÓƵ Drive

J.J. Daniel Hall Building 1, Room 2100

Jacksonville, Florida 32224

(904) 620-2828

The following websites contain additional information: