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Open Meetings
Frequently Asked Questions
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What is Florida's Government-in-the-Sunshine Law?
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.
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What meetings at UNF are subject to the Sunshine law?
- 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 UNF 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.
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Are faculty, department and/or staff meetings Sunshine meetings?
- 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 UNF 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.
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What constitutes a Sunshine meeting?
- 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.
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What are the requirements for a Sunshine meeting?
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?"
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Does the public have a right to participate in 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.
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What are "reasonable notice" requirements?
- 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 UNF 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.
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Do any special procedures apply to Sunshine meetings?
- 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.
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Must Sunshine meetings be taped?
- 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.
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Are the any other Sunshine issues to consider?
- 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.
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Are there any penalties for noncompliance with 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.
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What if I have more questions regarding Florida's Sunshine Law?
Please contact
Office of the General Counsel
1 UNF Drive
J.J. Daniel Hall Building 1, Room 2100
Jacksonville, Florida 32224
(904) 620-2828
The following websites contain additional information:
Florida Government in the Sunshine
Guide to Sunshine Amendment and Code of Ethics for Public Officers and Employees