As local government law attorneys in Florida, Woodward, Pires & Lombardo regularly assist clients and provide guidance and representation concerning Florida’s Sunshine Law regarding open government. As noted by the Office of the Attorney General of Florida, Florida’s Government-in-the-Sunshine Law, commonly referred to as the “Sunshine Law,” provides the public a right of access to governmental proceedings of public boards or commissions at both the state and local levels. The Sunshine Law requires Florida governments to show their work by making decisions at publicly noticed meetings where minutes are taken and then filed/recorded.
If you have questions about Florida’s Sunshine Law or related local government law matters, contact Woodward, Pires & Lombardo, P.A. at (239) 649-6555 or reach us online.
The Sunshine Law “is of both constitutional and statutory dimension” and can be found in Article 1, Section 24 of the Florida Constitution and Section 286.011 of the Florida Statutes. These constitutional and statutory provisions establish a fundamental right of access to virtually all meetings of boards, commissions, and other governing bodies of state and local governmental agencies or authorities, with the exception of the courts and the state Legislature, which has its own constitutional provision relating to access.
The Three Elements of the Florida Sunshine Law
The Sunshine Law requires:
(1) meetings of public boards or commissions must be open to the public.
(2) reasonable notice of such meetings must be given; and
(3) minutes of the meetings must be taken and promptly recorded.
The law applies whenever two or more board members meet and discuss items reasonably foreseeable to be on an upcoming agenda.
Government Transparency
These requirements result in what may appear to be inefficiencies because, for example, opponents of the proposed action by the governmental body can watch the decision-making process, but the goal of the Florida Sunshine Law is not efficiency, it is transparency.
Another perceived inefficiency is that discussions can only happen at publicly noticed meetings at locations accessible to the public. Thus, if a board subject to the Sunshine Law only meets once per month, absent setting and noticing special meetings, it cannot address items more frequently than that.
Exceptions to the Sunshine Law
There are a limited number of exceptions to the requirement that meetings must be open to the public. One exception is when a government is a party to pending litigation. During those times, Florida government boards can hold closed sessions with their attorneys with certain limitations and under strict conditions. These meetings, however, must have a court reporter, and the transcript becomes a public record after the litigation is concluded.
Government-in-the-Sunshine Manual
The Florida Attorney General’s office compiles an annual guide known as the Government-in-the-Sunshine Manual at no taxpayer expense to assist the public. You can find it at https://legacy.myfloridalegal.com/webfiles.nsf/wf/mnos-b9qq79/$file/sunshinemanual.pdf.
Talk to Our Florida Local Government Attorneys
If you need assistance with issues surrounding the Florida Sunshine Law, contact one of our local government law attorneys at Woodward, Pires & Lombardo, P.A. today.