UNF: Open Meetings

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 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.

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.

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 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.

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 UNF Drive

J.J. Daniel Hall Building 1, Room 2100

Jacksonville, Florida 32224

(904) 620-2828

The following websites contain additional information:

Open Meetings