Sunshine Law Overview SUNSHINE LAW OVERVIEW
There are three basic requirements of the Sunshine Law, and they are as follows:
(1) meetings of public boards or commissions must be open and accessible to the
public;
(2) reasonable notice of such meetings must be given to the public; and
(3) minutes of the meetings must be taken and promptly recorded.
All boards operating in the City of Boynton Beach are subject to the requirements of Florida's
Sunshine Law. Section 286.011(1) of the statute provides, in part:
All meetings of any board or commission of any state agency or authority,
or of any agency or authority of any county, municipal corporation, or
political subdivision, except as otherwise provided in the Constitution, at
which official acts are to be taken are declared to be public meetings open
to the public at all times, and no resolution, rule, or formal action shall be
considered binding except as taken or made at such meeting.
Government-in-the-Sunshine is applicable to any gathering, whether formal or casual, of two or
more members of the same board or commission to discuss some matter on which foreseeable
action will be taken by the public board or commission. The use of telephones,written
correspondence,third parties, facsimile transmissions, memoranda or E-mail does not remove a
conversation from the requirements of the Sunshine Law. The law applies to all functions of
covered boards and commissions which relate to the affairs and duties of the board or commission.
Therefore, Board members cannot meet or engage in any discussion related to public business that
may come before the Board at some time in the future, unless the members are openly discussing
the matter at a duly noticed public meeting. This does not mean that board members cannot meet
at social gatherings, provided that matters which may come before the board or commission are not
discussed at such gatherings. As long as no public business is discussed between two or more
members of a board or commission, it is likely that no violation of the Sunshine Law has been
committed.
If a violation of the Sunshine Law does occur,pursuant to Section 286.011(3)(a)and(b)the
violator may be subject to criminal and civil penalties. In addition,the board and the member(s)
found in violation of the law may be required to pay the other party's attorney's fees. Any and all
actions taken where a violation of the Sunshine Law has occurred can be declared void.
Please carefully review this memorandum to assure your continued compliance with the Sunshine
Law. Should you have any questions that have not been answered herein regarding Florida's
Government-in-the-Sunshine Law or any other matter related to your board membership, please •
contact the City Attorney's Office at(561) 375-6050 for clarification.
Prepared by the City Attorney's Office
7/8/97
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