Florida's Sunshine and Public Records Laws

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Florida’s

Sunshine Law

A Primer for Attorneys and Public Officials

WELCOME to today’s webinar.

Presented by:

Susan H. Churuti, Bryant Miller Olive, PA

and Sandra C. Upchurch, Upchurch Watson White & Max Mediation Group

Florida’s

Sunshine Law

A Primer for Attorneys and Public Officials

Public Meetings

Section 286.011,Florida

Statutes

Susan Churuti has been board certified in City, County and Local Government law since 1996

Florida’s Sunshine

Law

Florida’s Sunshine Law…

• Meetings must be open to the public

• Reasonable notice of the meetings must be given

• Minutes must be taken

What are the basic requirements?

Susan Churuti has served as general counsel for more than 50 boards, commissions and special districts.

• Local governments

• Most public boards

• Local government board members including members of advisory boards

• Generally does not apply to staff or internal staff meetings.

Florida’s Sunshine Law…What entities must comply?

Sandra Upchurch is a member of the Upchurch Watson White & Max Governmental Affairs Practice Group.


• Any matter which may come before the governing body or board

What subject matters or topics must be discussed “in the

sunshine?”

Sandra Upchurch authors a blog entitled The Local Government Charette at http: / /uwwm-govaffairs.blogspot.com

http://uwwm-govaffairs.blogspot.com/


• All communications

• Basic methodologies such as verbal, written or telephonic

• Web 2.0 methodologies such as Twitter, Facebook, Linkedin, Instant Messages

What forms of communication are subject to the Sunshine Law?

Bryant Miller Olive has offices in Washington, D.C., Atlanta, Tallahassee, Jacksonville, Orlando, Tampa and Miami.

What about the exchange of information

between members of a board or

governing body through a liason?

The Upchurch Watson White & Max Mediation Group has offices in Orlando, Daytona Beach, Miami and Birmingham, AL.


Law

Does the Sunshine Law

prohibit me from attending a social

function with colleagues

on a public board?

Susan Churuti was recently named Co-Chair of the Bryant Miller Olive State and Local Government Group.


Law


• Security

• Litigation

• Risk Management

• Personnel matters (collective bargaining)

Are there exemptions from the Sunshine Law?

The Upchurch Watson White & Max Mediation Group has over 25 full-time mediators.


• How to convene and conduct a mediation involving a governmental entity

• Delegations• DAC• Bidders• Calendaring items• Forum delegations such as

Facebook and Twitter

Common issues:

Pre-suit mediation can be a great way for governmental entities to control litigation costs – read “A Call to Pre-Suit Mediation” at http://uww-adr.com/resources

http://uww-adr.com/resources


• Criminal penalties• Removal from office• Noncriminal penalties such as

fines• Attorneys’ fees• Civil Actions• Injunctive and declaratory relief

What can happen if the law is violated?

Bryant Miller Olive has specialists in a diverse number of practice areas including but not limited to government procurement, governmental consulting, labor and

employment, land use, public finance and state and local government.

Can steps be taken to cure a violation?

Susan Churuti has been active in the Florida Bar serving as Chair of the Eminent Domain Committee and the Chair of the

City, County and Local Government Section.


Law

Public Records

Chapter 119,Florida

Statutes

Susan Churuti was awarded the Ralph Marsciano Award for her significant contributions to the development of

local government law in Florida.


Law


• Agenda

• Minutes

• Official written communications must be placed in the minutes

What record must be created for public meetings?

Sandy Upchurch provided general counsel services to state and local governments for 15 years before joining the Upchurch Watson White & Max Mediation Group.


• Notes and non-final drafts of agency proposals are public records

• Personal notes to help jog a memory are not public records

• Personal notes intended to communicate, perpetuate or formalize knowledge are public records

Are my notes a public record?

To learn more about Susan Churuti and Bryant Miller Olive visit http://bmolaw.com

http://bmolaw.com/


• Purely personal emails are not public records, but be warned there is no “expectation of privacy” for the communications you make on your government-owned computer

• Work related emails, Facebook entries, Tweets and Instant Messages are public record

What about all of the work I do on my computer – is that public, too?

Upchurch Watson White & Max Mediation Group now offers the convenience of online scheduling at http://uww-adr.com

http://uww-adr.com/


• Computer screens / smart phone communications during meetings

• 911 operators

• Squad car computers

Common public record issues:

Susan Churuti’s expertise include U.S. and state constitutional law, legislation, charters, eminent domain, elections, risk management, public construction, public finance,

utilities, and procurement as well as litigation and appellate practice.


• Knowing violations can mean jail time and a fine up to $1,000.

• Any violation can mean fines, civil actions, attorneys’ fees and court costs

What can happen if the Public Records Law is violated?

The Upchurch Watson White & Max Mediation Group recently formed a Special Master / Magistrate Services Practice Group which serves to shift some

of the caseload off of Florida’s judicial system.

Thank you for joining us!

Susan Churuti

www.bmolaw.com

Email:[email protected]

813-273-6667

Florida’s

Sunshine Law

FL Bar Course

#2941-0

1.5 CLE Hrs.

.5 Ethics

Sandra Upchurch

www.uww-adr.com

Email:[email protected]

800-264-2622

Upchurch Watson White & MaxM E D I AT I O N G R O U P

http://www.bmolaw.com/

mailto:[email protected]

http://www.bmolaw.com/

mailto:[email protected]

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Florida's Sunshine and Public Records Laws