Sunshine Rules Florida

No resolution, rule, regulation or formal measure is binding unless it is taken in open session. Acts that violate the transparency law are null and void from the outset, as if they had never happened. Measures – but not violations – can be corrected if the offending authority takes “independent final action in the sun.” This means that an agency must recreate the meeting that violated the Sunshine Act – participate in the same discussions, debates and votes. The same rules apply to the destruction of public records as to the retention of records. Official schedules can be found in GS5 for public universities and colleges and GS1 for state and local government agencies, or via the UWF Document Management Program website. In general, the public has “an inalienable right to be present and heard at most open meetings.” But a government agency can adopt reasonable rules that require orderly behavior and allow for the orderly conduct of public meetings. This includes limiting how long a person can speak when a large number of people are present and want to speak. The Sunshine Act requires that meetings of public bodies or commissions be “open to the public at all times.” This means that members of the public board should not take notes during a meeting, rather than having an open discussion in front of the public, and all conversations between members should be audible. Florida`s Sunshine Law provides a right of access to government procedures at the state and local levels.

The Sunshine Act generally applies to any formal or random meeting of two (2) or more members of the same meeting of the Board or Commission to discuss a matter in which foreseeable action is taken. Article I, Section 24 of the Florida Constitution: “All meetings of a collegial organ of the executive branch of state government or of a . County, municipality, school district or special district in which official acts are to be performed or in which public business is to be performed . must be carried out or discussed, made available to the public and brought to the attention … Chapter 286, Florida Regulations: “All meetings of any organ or commission of a state agency or agency, or of an agency or authority of a county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken, shall be declared public meetings open to the public at all times. and no resolution, rule or formal act shall be binding unless it is taken or taken at such meeting. The Bureau or the Commission shall give timely notice of all such meetings. Florida`s Sunshine Law provides for a “right of access” to government proceedings of public agencies or commissions (i.e. and the Florida Public Records Act extends the “right of access” to all documents and other materials created or received in the course of official university business (e.g., emails, session notes, audio recordings, photographs, text messages, etc.). The law has many implications for how we do business at UWF, such as; Keep records, respond to requests for public documents, file data, and ensure meeting minutes are recorded. There is a general presumption of openness, i.e. a meeting of two or more members of the same college is considered open, unless there is a specific statutory exception. Only Parliament can create an exception to our constitutional right of access.

Currently, there are over 1,000 exceptions to the Public Documents and Open Meeting Act, and many of the session exceptions have strict restrictions that require tape recordings, restrict who can attend the closed session, etc. TIP: If you receive legally required notice authorizing the closure of a public gathering, be sure to read the correct legal language. to determine whether there are any restrictions on the exception. If you have any questions, contact the UWF Document Management Program or the UWF Document Management contact: Gus Harris, (850) 474-2693, gharris@uwf.edu. ATTENTION: Please note that all requests for public documents must be forwarded to the Office of the General Counsel at the time of receipt. As long as the applicant provides sufficient information for you to identify the documents, the UWF is obliged to provide copies or allow access to the requested documents. In general, there is no fee for viewing a public document. The trustee may charge a fee for copies of a public document of up to 15 cents per copy of a page for paper copies of 8 1/2 x 14 inches or less. For all other copies, the depositary may charge the actual cost of duplication. If the nature and scope of the records to be copied require extensive use of IT resources and/or significant administrative or supervisory support, the Agency may charge a reasonable service fee based on actual costs incurred. Extensive use is not defined in legislation, so each authority must determine what constitutes extensive use of its resources.

TIP: If an agency charges a high user fee, ask the agency to provide the cost in writing. Record retention schedules vary and are submitted to the Florida Department of State, Division of Library and Information Services. Official schedules can be found in GS5 for public universities and colleges and GS1 for state and local government agencies. A public institution may not hold a meeting in an institution that discriminates on the basis of age, race, etc., nor can a public institution unreasonably restrict public access. It must hold its meetings in an accessible room large enough to accommodate the expected attendance. The following questions and answers are for reference purposes only – interested parties should refer to Florida regulations and applicable jurisdiction before drawing any legal conclusions. A knowingly or intentionally infringed offence is a 1st degree offence punishable by a fine of up to $1,000 and imprisonment for up to one year. An unintentional violation is a non-criminal offence punishable by a fine of up to $500. A public official who intentionally contravenes the Public Records Act will be suspended or removed from office. Lawyers` fees and court costs are available to the plaintiff who wins a civil action for access to the territory. Any questions or concerns regarding record retention should be directed to the UWF Records Management Program, which can be consulted for on-site training and to establish a departmental records liaison. This information and many other useful resources can be found on the UWF Document Management Program website.

Here are some frequently asked questions about Florida`s Sunshine and Public Records Act: If you are unsure whether the purpose of a record is “created or received in the course of official business used to perpetuate, communicate, or formalize knowledge,” keep it. Florida began its tradition of openness as early as 1909 with the passage of Chapter 119 of the Florida Statutes, or Public Records Act. This Act provides that all records created or received by a public body in the course of its official activities may be accessed, unless specifically exempted by the Florida Legislature. Over the years, the definition of “public record” includes not only traditional written documents such as papers, maps and books, but also tapes, photographs, films, sound recordings and documents stored on computers. No. You do not have to summarize requested documents, answer questions about the content of a document, or reformat them. UWF policy is that all employees must accept requests for public records if asked to do so. Please note that certain information is exempt from public folder requests, which may include: personally identifiable information (PII), trade secret/intellectual property related matters, applicable contest materials, and other data protected by HIPAA and FERPA. The Florida Supreme Court interprets “public records” as “any material created or received in the course of official business used to perpetuate, communicate, or formalize knowledge.” This applies to: Violations of the Sunshine Act may result in impeachment, non-criminal offenses, and criminal penalties (possibility of a second-degree offense, which may include jail time and/or a fine).

While there is no set timeline for responding to a request, the University is required to make good faith efforts to process each request for public records within a reasonable time. The definition of “reasonable time” depends on the nature and circumstances of the request. For example, a “large or extended” request or requests made just before or during a vacation period will require more time to process. In general, the Sunshine Act does not apply to social events, information collections, or meetings where a legal exception applies.