Florida Special District Handbook Online

Section 3 - 2: Government-in-the-Sunshine

Public Records and Government-in-the-Sunshine laws ensure public access to all governmental records, public documents, and meetings, unless the Legislature enacts an exemption. Public access is required for:

• Discussions, deliberations, and formal actions taken by a public board or commission
• Any formal or casual gathering of two or more board members, regardless of a quorum, of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission
• All records, including computer transmissions such as e-mail, made or received by special districts in the course of official business
• Papers, letters, maps, books, tapes, photographs, films, sound recordings, or other materials regardless of physical form or characteristics

Exemptions

All governmental entity meetings and public records must be open to the public unless the Legislature has created an exemption. Exemptions of interest to special districts include the following:

• Appraisal reports, offers, and counter offers concerning water management districts purchasing property until an option contract is signed or 30 days before a contract is considered for approval by the governing board
• Collective bargaining discussions between the chief executive officer and a special district's governing board and any work products the special district develops in preparation for negotiations and for use during negotiations

Public Meeting Requirements

Special district governing body meetings must comply with the following requirements under the Government-in-the-Sunshine Law:

• Provide reasonable notice of meetings to the public
• Be open to the public
• Be held in a facility that does not restrict access or discriminate based on sex, age, race, creed, color, origin, or economic status, such as:
  • A public building when available within the special district
  • A county courthouse of a county in which the special district is located
  • A building in the county accessible to the public
• Minutes must be promptly recorded and open to public inspection

Penalties for Violating Government-in-the-Sunshine

Violation of the Government-in-the-Sunshine or Public Records laws may result in a criminal or noncriminal penalty or a civil action. Action taken at meetings held in violation of the Sunshine Law is void.

Noncriminal Infraction

A public officer who violates public meeting or public records requirements may be subject to a noncriminal infraction punishable by a fine up to $500.

Criminal Penalties

A member of any special district board who knowingly participates in a meeting that is being held in violation of the Sunshine Law is guilty of a misdemeanor of the second degree punishable by a prison term up to 60 days and/or a fine up to $500. A board member who knowingly violates the disclosure requirements of the Public Records Law is subject to suspension and removal and commits a misdemeanor of the first degree punishable by a prison term up to one year and/or a fine up to $1,000.

Attorney Fees

Any person may apply to the state's circuit court to issue an injunction to enforce the Sunshine Law. If such an action is filed against a special district's board, and the board is found in violation, the court will assess reasonable attorney's fees against the board. Fees may be assessed against board members. However, if the board seeks advice from its attorney and follows the advice, attorney's fees will not be assessed individually against any member of the board. With the exception of the state attorney, authorized assistants, or an officer enforcing the provisions of the law, the court may assess attorney's fees against the person filing the action if the person filed it frivolously or in bad faith.

If the special district's governing board appeals a decision against it, and the court affirms the decision against the board, the court will assess reasonable attorney's fees for the appeal against the board. The fees may be assessed against individual members unless the governing board seeks advice from its attorney and follows said advice. In these circumstances, attorney's fees will not be assessed individually against any member of the board. If a board member is acquitted of violating any laws concerning the open government laws, the governing board may reimburse the member for reasonable attorney's fees.

If a civil action is filed against the board to enforce the Public Records Law and the court determines that the board unlawfully withheld the records, the court will assess the reasonable costs of enforcement including reasonable attorney’s fees against the board.

Regular Public Meeting Schedule

Under the Government-in-the-Sunshine law, the special district must give notice at such time and in such a manner as will enable the media and general public to attend the meeting.

Under Section 189.417, Florida Statutes - Meetings; notice; required reports, all special districts must prepare quarterly, semiannually, or annually, a schedule of its regular meetings. This schedule must include:

• The date, time, and location of each scheduled meeting
• A statement that anyone wanting to appeal an official decision made on any subject at the meeting must have a verbatim record of the meeting that includes the testimony and evidence on which the appeal is based (does not apply to tax increase notices in Section 200.065, Florida Statutes - Method of fixing millage, Paragraph (3))

The special district must make this schedule public by doing the following:

• File a copy of the schedule with the special district's local governing authority or authorities.
• Publish the schedule in the legal notices and classified advertisements section of a newspaper that meets the following requirements:
  • It is of general paid circulation in the county or counties in which the special district is located.
  • It is a community newspaper of general interest and readership, as opposed to limited subject matter.
  • It is published at least five days a week, unless the only newspaper in the county is published fewer than five days a week.

Additional Information For Independent Special Districts

• Advertise the day, time, place, and purpose of any meeting, other than a regular meeting or any recessed and reconvened meeting of the governing body, at least seven days before such meeting.
• Publish the advertisement in the same way as the meeting schedule, unless a bona fide emergency exists. In that case, hold such meetings as necessary, with reasonable notice. The special district's governing board must subsequently ratify the meeting. A special district may not approve its annual budget at an emergency meeting.

Additional Information For Water Management Districts

• Water Management Districts may provide reasonable notice of public meetings held to evaluate responses to solicitations issued by such district, by publication in a newspaper of general paid circulation in the county where the principal office of the water management district is located, or the county or counties where the public work will be performed, no less than seven days before such meeting.