2014-07-01CITY OF OKEECHOBEE
CENTENNIAL CELEBRATION AD HOC COMMITTEE
JULY 1, 2014, SUMMARY OF COMMITTEE ACTION
CITY HALL ' COUNCIL CHAMBERS
55 SE 3RD AVENUE * Room 200 *r OKEECHOBEE, FL 34974
I. CALL TO ORDER — Clerk Gamiotea (Initial Meeting Only).
This being the initial meeting of the newly formed Centennial Celebration Ad Hoc Committee by Resolution
No. 2014 -02, City Clerk Gamiotea called the session to order at 5:02 p.m.
II. COMMITTEE AND STAFF ATTENDANCE — Clerk Gamiotea.
Voting Members:
Magi Cable Present
Jeanne Enfinger Present
Dawn Hoover Present (entered Chambers at 5:06 p.m.)
J.D. Mixon Present
Antoinette Rodriguez Present
Sharie Turgeon Present
John Williams Present
Advisory Members:
Justin Domer Present
Katrina Elsken Absent (with consent)
Donna Gaiser Present
Susan Giddings Present
Staff:
John Cook, City Attorney Present
Brian Whitehall, City Administrator Present
David Allen, Public Works Director Present
Lane Gamiotea, City Clerk Present
Clerk Gamiotea announced to all in attendance, due to public records laws, should anyone show any document, picture,
video, or items, in support or opposition on any item during this proceeding, a copy of the document, picture, video, or item
must be provided, before leaving the chambers, to the City Clerk for the City's records.
Public participation is permitted on all matters considered on the agenda. Clerk Gamiotea announced that should the Chair
not specifically call for public input on an issue that a member of the public would like to address the CCAHC on, they
should signal the Chair by approaching the podium, and wait to be given the floor, stating their name for the record.
III. ELECTION OF A CHAIRPERSON AND VICE - CHAIRPERSON — Clerk Gamiotea.
A. Election of a Chair began by briefly reviewing the duties and responsibilities expected with the position.
They should be very knowledgeable with Roberts Rule of Order as the parliamentary procedures
guideline and have experience in running meetings effectively and efficiently. Additionally the Chair will
be responsible for making monthly presentations at City Council Meetings regarding this committee's
process and/or requests.
CCAHC - July 1, 2014 Meeting - Page 1 of 6
III. ELECTION OF A CHAIRPERSON AND VICE - CHAIRPERSON CONTINUED.
A. Continue Election of Chair.
1. Clerk Gamiotea opened the floor to receive nominations. Mr. Mixon, Mr. Williams and Mrs. Enfinger
were nominated. However, both Mr. Williams and Mrs. Enfinger rejected their nomination. Mr. Mixon
accepted.
2.There being no further nominations offered, the floor was closed.
3. Upon request for a motion and second, naming one of the nominations, Member Williams moved to
appoint Mr. J.D. Mixon to serve as Chairperson of the CCAHC; seconded by Member Cable.
4.Motion Carried unanimously upon call for the vote. Clerk Gamiotea passed the gavel to Chair Mixon
to facilitate the remainder of meeting.
B. Election of a Vice - Chair. The position of Vice -Chair serves in the absence of the Chairperson.
1. Chair Mixon opened the floor to receive nominations. Mrs. Hoover was nominated, and accepted.
2. There being no further nominations offered, the floor was dosed.
3. Upon request for a motion and second, naming one of the nominations, Member Williams moved to
appoint Mrs. Dawn Hoover to serve as Vice - Chairperson of the CCAHC; seconded by Member
Cable.
4.Motion Carried unanimously upon call for the vote.
IV. PROCEDURES, POLICIES AND LAWS — Attorney Cook, Administrator Whitehall, Clerk Gamiotea.
A. Sunshine Laws, Code of Ethics, Public Records Laws, and Parliamentary Procedures -Tab Z
In order to allow members to keep this important information at hand for easy reference, Tab Z of the
agenda books included a CCAHC Handbook; Using Parliamentary Procedure, A Guide to Conducting
Orderly Meetings; Government in the Sunshine Manual (shortened version); and the 2014 Guide to the
Sunshine Amendment and Code of Ethics.
Chair Mixon yielded the floor to Attorney Cook who distributed a two -page memorandum summarizing
the Sunshine Laws, Public Meetings Act, and public records requirements. Outside of a convened public
meeting, members are prohibited from discussing or exchanging opinions or ideas on a subject that
could be a topic for action or consideration at a future meeting, between each other, or with the Mayor
and City Council. The discussions and /or exchanges include e- mails, all social media, telephone calls,
text messages, basically, any form of communication, no matter how delivered. This is extended to the
use of a third party to communicate information between each other or to the Mayor and Council.
Matters that will clearly not come up for a recommendation, consensus, or approval may be discussed
with the Mayor and City Council outside a convened meeting. However, the membership was strongly
cautioned in doing this, as it can lead to further discussion that then could be a Sunshine violation.
Attorney Cook stated there is never a good reason to intentionally violate the Sunshine Law; the best
practice is to avoid the appearance of a violation all together. He then gave an example of two members
meeting for lunch.
CCAHC - July 1, 2014 Meeting - Page 2 of 6
IV. PROCEDURES, POLICIES AND LAWS CONTINUED.
A. Continue Sunshine Laws, Code of Ethics, Public Records Laws, and Parliamentary Procedures
While it is not a violation of the Sunshine Law, discussing centennial matters, accidentally or on
purpose, would break the law. However, the appearance alone can give any citizen the right to file a
codnplaint with the Ethic Commission, thereby causing an investigation.
The penalty for violating the Sunshine Law is based on intent. It is a criminal penalty for intentionally
violating the statute, as a second - degree misdemeanor, punishable by up to a $500.00 fine and 60 days
in jail. The civil penalty is a fine up to $500.00. While violations have not been an issue in Okeechobee,
and prosecutions for the violations are not wide spread, he cautioned to just avoid the problem
altogether by adhering to the requirements.
Regarding public records laws, the City Clerk is the official record custodian, and her office will be
handling the records processed for and by the City to the CCAHC. This includes but is not limited to all
materials for agendas, minutes, correspondences sent from and received at City Hall, the finance
records for accounts payables, receivables, and budget reports. However, all materials, documents,
correspondences, notes, text messages, emails, etc. created, initiated, or responded to, is the
responsibility of each member to house and maintain it, until it is transferred for retention, or requested
by the City Clerk,
Thh matter of Conflicts of Interest was reviewed by Attorney Cook first explaining each voting member is
recuired to cast their vote during the meeting when appropriate. The only time a member can abstain
from voting is when there is a conflict of interest. However, abstaining does not resolve the conflict. He
eldborated further that conflicts generally arise when the proposed action under consideration can result
in benefit (or loss) to the member; member's employer (includes the parent organization or subsidiary
of a corporate principal); member's relative or a business associate. (Added for further information:
Re ative is defined for this statute as father, mother, son, daughter, husband, wife, brother, sister, father -
in- aw, mother -in -law, son -in -law and daughter -in -law. Business Associate for this statute is specifically
de fined as any person or entity engaged in or carrying on a business enterprise with the member as a
pa ner, joint venture, co -owner of property, or corporate shareholder). When any member has a
conflict, they must state orally for the record the nature of the conflict before participating in the
discussion. Voting members must abstain and file a Form 8B, Memorandum of Voting Conflict for
County, Municipal and Other Local Public Officers, within 15 days. Forms are available in the City
Clerk's Office. Both voting and advisory members should inform the City Clerk or Attorney of a potential
conflict, prior to the meeting, to allow time to investigate the matter.
Members should familiarize themselves with basic parliamentary procedures. Voting members need to
be prepared to offer motions and seconds; all members are expected to participate in the discussions.
Each member and those in attendance will be required to conduct themselves with civility.
The members were provided with a form to sign and date, as a record of receiving the materials and
tra ning. Clerk Gamiotea collected the forms at the close of the meeting.
B. Mission of the CCAHC, Chain of Command, Procedures for budget and approving expenditures,
Use of liaisons and volunteers, Appointment of a Budget Liaison -Tab Y
Tab Y included a copy of Resolution No. 2014 -02. Administrator Whitehall distributed a Budgeting
informational handout. He then continued by asking the CCAHC to review the first paragraph of Section
One in the resolution, to assist in developing a mission statement, and consider adopting at the next
meeting.
CCAHC - July 1, 2014 Meeting - Page 3 of 6
IV. PROCEDURES, POLICIES AND LAWS CONTINUED.
B. Continue Sunshine Laws, Code of Ethics, Public Records Laws, and Parliamentary Procedures
In regards to events, festivals, contests, and the like, Administrator Whitehall suggested that any project
under the umbrella of the Centennial Celebration should have the 'blessing' of the CCAHC, as a matter
of publicity, uniformity, and control. This would apply to current annual events, as well as individuals
wishing to sell a product using the centennial logo, thereby curtail misrepresentation of the CCAHC's
mission statement.
Events /Contests originated by the CCAHC are to include a budget, presented in an income statement
format, formulated by the liaison or a coordinator. Events of this nature should be self - supporting with
excess monies used to supplement the expenses not derived from fund raising, such as general
advertising, etc. He requested the appointment of a Budget Liaison to coordinate financial information,
receipts, and disbursements. Chair Mixon opened the floor for a volunteer with banking and financial
experience to assume the responsibility of this position. Member Hoover moved to appoint Mr.
Williams to serve as the CCAHC Budget Liaison; seconded by Member Turgeon. There was no
further discussion. Motion Carried (unanimously).
Expenses perceived by the CCAHC as community -wide improvements, public infrastructure, or simply
borne by the City, are to be thoroughly analyzed by the Budget Liaison and the CCAHC, followed with
formal action. The Administrator will submit applicable budget items to the City Council for final
approval. The CCAHC asked whether the Mayor and Council would be offering any funds or a set
budget. Administrator Whitehall responded yes, the budget process is in motion. Workshops are
conducted in August, with final adoption hearings in September. He clarified his approach for a
Centennial Budget, pending approval, is an appropriations line item within the Legislative (City Council)
section of the General Fund. The Public Facilities Improvement Fund will integrate the items considered
community -wide improvements and /or public infrastructure. Additionally, Council adopted (by Resolution
2014 -02) for a fund to be established for processing all transactions of the Centennial Celebration
events and activities, with the Finance Department maintaining and processing all financial records,
receivables and payables. Periodic detail budget reports will be provided to the CCAHC and City
Council.
C. Establish a Meeting Schedule -Tab A
The materials provided by Clerk Gamiotea within Tab A were monthly calendars beginning August 2014
through January 2016. Each month identified dates the City Council Chambers would not be available to
conduct meetings, pertinent dates from the 2014/2015 school year calendar, and annual festivals or
special events. Upon discussion, the consensus of the CCAHC was to have regularly scheduled
meetings beginning at 5:30 p.m. held on the second and fourth Monday of each month; in
months where there will only be one meeting, it should be held on the 2nd Monday; additional
meetings for July 2014 will be held on the 14th and 28th.
V. PRIORITIZE TASKS — Tab B.
• Development of Individual and Corporate Sponsorship Packets.
Clerk Gamiotea provided examples of Stuart's sponsorship packet; it was a simple two - category
method, $500.00 for Individual and $1500.00 for Corporate. Stuart offered these via their social media
accounts and website with initial listings of Centennial Events available for sponsorship. The City of
Homestead was a more complex packet, mailed to all businesses and organizations, and offered four
levels starting at $1000.00 up to $15,000.00.
CCAHC - July 1, 2014 Meeting - Page 4 of 6
V. PRIOR TIZE TASKS CONTINUED.
• Continue Development of Individual and Corporate Sponsorship Packets.
In addition, she provided a more comparable example from the City of Port St. Joe, which offered four
levels of sponsorship, with each level titled using tree names within their National Forest, and began at
$100.00 up to $5,000.00. Following a brief discussion, the CCAHC will review the task further, and
consider it at the July 14 meeting. Chair Mixon offered to be the Liaison over this task.
• Delvelopment of a Centennial Logo and Establish Criteria for Permission of Use.
The initial discussion for a centennial logo centered on the pros and cons of conducting a logo contest.
The majority of the members were concerned with the quality of the submittals, expounding that due to
this celebration only happening once every 100 years, it is important enough to have an experienced
art st or graphic designer create it. The suggestion was offered to use Member Giddings concept of
setting perimeters such as whether it should have a tag line, capture the heritage and spirit of the City,
as well as a deadline for submitting, how it would be advertised, and merged in a Request for Proposal
(RPF) format. The consensus was to rank this task as number one, for the July 14 agenda to finalize the
criteria, adopt rules for permission for use, and the RFP from the social media accounts to be
established.
• Crpation of Social Media Accounts.
The City does not have any social media accounts at this time, only a website. Member Domer
vo unteered to serve as the CCAHC Social Media Liaison. He was tasked with creating and
promoting Facebook and Twitter accounts, and serve as administrator of both. Clerk Gamiotea is to
obtain social media policies from other municipalities for him to use. Administrator Whitehall agreed with
the plan of titling the accounts, City of Okeechobee Centennial Celebration, at the close of the
centennial year, they would be changed to the City of Okeechobee, in which then, the City would take
over administering them. The only website to be used at this time will be the City's. As a reminder, these
items and all their content fall under the public records laws,
• Creation of a Centennial History Time Line.
The CCAHC agreed that a historic time line would be a Centennial project, similarly fashioned like other
cities, designed on portable panels for public display, including photographs, to be launched January
2015. Clerk Gamiotea provided a chronology of the Okeechobee Regional History, covering from 1820
through 1993. The Palm Beach County Regional Preservation Office provided the chronology at a City
Cduncil meeting in 1999 during a preserving historic resources presentation. Member Cable
vo unteered to serves as the CCAHC Historic Time Line Event Liaison.
• Create a Calendar of existing festivals, parades, or special events.
Member Rodriguez volunteered to coordinate the creation of a calendar of existing festivals,
parades, contests, and special events /fund- raisers, to coordinate efforts with other organizations
when scheduling centennial initiated events, contests, etc. The First United Methodist Church, the First
Baptist Church, and the Okeechobee News will also be celebrating a centennial in 2015; therefore, their
events need to be coordinated within the calendar. Contact should be made for dates to other groups
such as the Cattlemen's, Martha's House, American Cancer Society, Okeechobee Pregnancy Center,
March of Dimes, and as well as various School functions involving the community (such as the Kick -off
Classic Football Game, Homecoming, Prom, Graduation, and Band events).
• Develop Centennial Events /Contests in coordination with existing festivals /events and for
months without an existing festival /event.
The task of coordinating and/or creating events was deferred to the next meeting.
CCAHC - July 1, 2014 Meeting - Page 5 of 6
V. PRIORITIZE TASKS CONTINUED.
• Additional /Other Tasks.
Chair Mixon opened the floor for members to offer additional tasks, suggestions, or other areas that
should be considered:
Upon initiation of the suggestion to have a member whose duties would be to communicate the
Centennial events within the schools, Member Enfinger volunteered to serve as the CCAHC School
Liaison.
Member Turgeon volunteered to serve as the CCAHC Media Liaison.
The committee wants to ensure all cultural and ethnic groups are showcased during the centennial, as
this is a once in a lifetime opportunity for everyone to participate in such a historical event. Member
Giddings asked whether she could serve as a cultural coordinator for the CCAHC, while she is
interviewing the numerous groups and individuals to produce a Centennial Edition of Okeechobee the
Magazine. Clerk Gamiotea responded that she would need to research that since Mrs. Giddings is
soliciting advertisements as well for the magazine. The perception could fall under using ones public
official position for private gain. Unfortunately, when appointments meet the State's definition as a
'public official,' that hat is always on. A member cannot resolve it by saying, "when I am asking for this, I
am wearing this hat, and when I am asking for that, I am wearing that hat ". This item will be discussed
further.
Chair Mixon opened the floor to anyone from the public to address the committee. Miss Allison Chandler
introduced herself as the Director of the B.R.A.T. Club, conveying that her organization is very excited
about the centennial, and would like to assist in any way possible, including sponsoring
events /contest geared toward the middle school age group. Additionally, Ms. Teresa Chandler was
present and she explained that the CCAHC could use the B.R.A.T. Club events as an additional method
to get information out to parents and youth. Chair Mixon thanked them for their commitment to the
centennial celebration, no official action was necessary for this item.
VI. ADJOURNMENT - Chairperson.
There being no further items on the agenda, or discussion offered, Chairperson Mixon adjourned the meeting at
6:53 p.m. The next regularly scheduled meeting is July 14, 2014 at 5:30 p.m.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the CCAHC with respect to any matter
considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a
verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Audio
recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act
(ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the
City Clerk's Office no later than two business days prior to proceeding, 863 - 763 -3372.
MINUTES SUBMITT./i
A flow:
FOR APPROVAL BY:
�I1,4114
CCAHC - July 1, 2014 Meeting - Page 6 of 6
ANE GAMIOTEA, CMC
CITY CLERK
DEPENDENT
NEWSPAPERS
OKEECHOBEE NEWS
STATE OF FLOIR1DA
COUNTY OF OKEECHOBEE
107 S.W. 17th Street, Suite U, Okeechobee, FI, 34974
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a
in the matter of
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee Co nty, Florida each week and has been
entered as seco d class rnail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one yoar next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refnrtd for the purpose of securing this
advertisement fbr publication in the said newspaper.
Tom Byrd
Sworn to and subscribed before me this
day of
Notary Public, State of Florida at Large
AD
ANGIE BRIDGES
MY COMMISSION # EE 177653
EXPIRES: April 20, 2016
Banded Ttiru Notary Public Underwriters
(863) 763 -3134
O Fl e '1I I 1 lq Mi;S
Mu)
CENTENNIAL CELEBRATION AD HOC COMMITTEE MEETING
NOTICE IS HEREBY GIVEN that the City of Okeechobee, Centennial Cele-
bration Ad Hoc Committee (CCAHC) meeting will be held on Tuesday, July
3rdZAve,,Rm 5:00 0, thereafter as
public is Invited City Hall,
to attend. Contact City Clerk's Office at 863- 763 -3372 x215, or web -
site, atyofokeechobee.com, to obtain a copy of the agenda.
ANY PERSON DECIDING TO APPEAL any decision made by the CCAHC
with respect to any matter considered at this meeting will need to ensure a
verbatim record of the proceeding is made and the record includes the testi-
mony and evidence upon which the appeal will be based. In accordance
with the Americans with Disabilities Act (ADA), any person with a disability
as defined by the ADA, that needs special accommodation to participate in
this proceeding, contact the City Clerk's Office no later than two business
days prior to proceeding, 863 -763 -3372.
BE ADVISED that should you intend to show any document, picture, video
or items to the CCAHC in support or opposition to any 'item on the agenda;
a copy of the document, picture, video, or item MUST be provided to the
Committee Secretary for the City's records.
By: James E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
466059 ON 6/27/2014
CITY OF OKEECHOBEE
CENTENNIAL CELEBRATION AD HOC COMMITTEE
JULY 1, 2014, SUMMARY OF COMMITTEE ACTION
CITY HALL ' COUNCIL CHAMBERS
55 SE 3RD AVENUE Room 200 Ve OKEECHOBEE, FL 34974
I. CALL TO
ORDER — Clerk Gamiotea (Initial Meeting Only).
This beig the initial meeting of the newly formed Centennial Celebration Ad Hoc Committee by Resolution
No. 2014 -02, City Clerk Gamiotea called the session to order at 5:02 p.m.
II. COMMITTEE AND STAFF ATTENDANCE — Clerk Gamiotea.
Voting Members:
Magi Cable
Jeanne nfinger
Dawn Hoover
J.D. Mixon
Antoinette Rodriguez
Sharie TUrgeon
John Wil isms
Advisory Members:
Justin Dgmer
Katrina Elsken
Donna Geiser
Susan G ridings
Staff:
John Cook, City Attorney
Brian Whitehall, City Administrator
David Allen, Public Works Director
Lane Gamiotea, City Clerk
Present
Present
Present (entered Chambers at 5:06 p.m.)
Present
Present
Present
Present
Present
Absent (with consent)
Present
Present
Present
Present
Present
Present
Clerk Gamiotea announced to all in attendance, due to public records laws, should anyone show any document, picture,
video, or item, in support or opposition on any item during this proceeding, a copy of the document, picture, video, or item
must be provided, before leaving the chambers, to the City Clerk for the City's records.
Public participation is permitted on all matters considered on the agenda. Clerk Gamiotea announced that should the Chair
not specifically call for public input on an issue that a member of the public would like to address the CCAHC on, they
should signal the Chair by approaching the podium, and wait to be given the floor, stating their name for the record.
III. ELECT!
N OF A CHAIRPERSON AND VICE - CHAIRPERSON — Clerk Gamiotea.
A. Election of a Chair began by briefly reviewing the duties and responsibilities expected with the position.
They should be very knowledgeable with Roberts Rule of Order as the parliamentary procedures
guideline and have experience in running meetings effectively and efficiently. Additionally the Chair will
be responsible for making monthly presentations at City Council Meetings regarding this committee's
process and /or requests.
CCAHC - July 1, 2014 Meeting - Page 1 of 6
III. ELECTION OF A CHAIRPERSON AND VICE - CHAIRPERSON CONTINUED.
A. Continue Election of Chair.
1.Clerk Gamiotea opened the floor to receive nominations. Mr. Mixon, Mr. Williams and Mrs. Enfinger
were nominated. However, both Mr. Williams and Mrs. Enfinger rejected their nomination. Mr. Mixon
accepted.
2.There being no further nominations offered, the floor was closed.
3. Upon request for a motion and second, naming one of the nominations, Member Williams moved to
appoint Mr. J.D. Mixon to serve as Chairperson of the CCAHC; seconded by Member Cable.
4.Motion Carried unanimously upon call for the vote. Clerk Gamiotea passed the gavel to Chair Mixon
to facilitate the remainder of meeting.
B. Election of a Vice - Chair. The position of Vice -Chair serves in the absence of the Chairperson.
1.Chair Mixon opened the floor to receive nominations. Mrs. Hoover was nominated, and accepted.
2.There being no further nominations offered, the floor was closed.
3. Upon request for a motion and second, naming one of the nominations, Member Williams moved to
appoint Mrs. Dawn Hoover to serve as Vice - Chairperson of the CCAHC; seconded by Member
Cable.
4.Motion Carried unanimously upon call for the vote.
IV. PROCEDURES, POLICIES AND LAWS — Attorney Cook, Administrator Whitehall, Clerk Gamiotea.
A. Sunshine Laws, Code of Ethics, Public Records Laws, and Parliamentary Procedures -Tab Z
In order to allow members to keep this important information at hand for easy reference, Tab Z of the
agenda books included a CCAHC Handbook; Using Parliamentary Procedure, A Guide to Conducting
Orderly Meetings; Government in the Sunshine Manual (shortened version); and the 2014 Guide to the
Sunshine Amendment and Code of Ethics.
Chair Mixon yielded the floor to Attorney Cook who distributed a two -page memorandum summarizing
the Sunshine Laws, Public Meetings Act, and public records requirements. Outside of a convened public
meeting, members are prohibited from discussing or exchanging opinions or ideas on a subject that
could be a topic for action or consideration at a future meeting, between each other, or with the Mayor
and City Council. The discussions and /or exchanges include e- mails, all social media, telephone calls,
text messages, basically, any form of communication, no matter how delivered. This is extended to the
use of a third party to communicate information between each other or to the Mayor and Council.
Matters that will clearly not come up for a recommendation, consensus, or approval may be discussed
with the Mayor and City Council outside a convened meeting. However, the membership was strongly
cautioned in doing this, as it can lead to further discussion that then could be a Sunshine violation.
Attorney Cook stated there is never a good reason to intentionally violate the Sunshine Law; the best
practice is to avoid the appearance of a violation all together. He then gave an example of two members
meeting for lunch.
CCAHC - July 1, 2014 Meeting - Page 2 of 6
IV. PROCEDURES, POLICIES AND LAWS CONTINUED.
A. Continue Sunshine Laws, Code of Ethics, Public Records Laws, and Parliamentary Procedures
Whilo it is not a violation of the Sunshine Law, discussing centennial matters, accidentally or on
purppse, would break the law. However, the appearance alone can give any citizen the right to file a
complaint with the Ethic Commission, thereby causing an investigation.
The penalty for violating the Sunshine Law is based on intent. It is a criminal penalty for intentionally
viola ing the statute, as a second - degree misdemeanor, punishable by up to a $500.00 fine and 60 days
in jai . The civil penalty is a fine up to $500.00. While violations have not been an issue in Okeechobee,
and prosecutions for the violations are not wide spread, he cautioned to just avoid the problem
altogether by adhering to the requirements.
Regarding public records laws, the City Clerk is the official record custodian, and her office will be
handling the records processed for and by the City to the CCAHC. This includes but is not limited to all
materials for agendas, minutes, correspondences sent from and received at City Hall, the finance
records for accounts payables, receivables, and budget reports. However, all materials, documents,
correspondences, notes, text messages, emails, etc. created, initiated, or responded to, is the
responsibility of each member to house and maintain it, until it is transferred for retention, or requested
by the City Clerk.
The matter of Conflicts of Interest was reviewed by Attorney Cook first explaining each voting member is
requ red to cast their vote during the meeting when appropriate. The only time a member can abstain
from voting is when there is a conflict of interest. However, abstaining does not resolve the conflict. He
elaborated further that conflicts generally arise when the proposed action under consideration can result
in a benefit (or loss) to the member; member's employer (includes the parent organization or subsidiary
of a corporate principal); member's relative or a business associate. (Added for further information:
Relative is defined for this statute as father, mother, son, daughter, husband, wife, brother, sister, father -
in -lard, mother -in -law, son -in -law and daughter -in -law. Business Associate for this statute is specifically
defined as any person or entity engaged in or carrying on a business enterprise with the member as a
partner, joint venture, co -owner of property, or corporate shareholder). When any member has a
confl ct, they must state orally for the record the nature of the conflict before participating in the
disctjssion. Voting members must abstain and file a Form 8B, Memorandum of Voting Conflict for
County, Municipal and Other Local Public Officers, within 15 days. Forms are available in the City
Cler's Office. Both voting and advisory members should inform the City Clerk or Attorney of a potential
conflict, prior to the meeting, to allow time to investigate the matter.
Members should familiarize themselves with basic parliamentary procedures. Voting members need to
be prepared to offer motions and seconds; all members are expected to participate in the discussions.
Each member and those in attendance will be required to conduct themselves with civility.
The members were provided with a form to sign and date, as a record of receiving the materials and
training. Clerk Gamiotea collected the forms at the close of the meeting.
B. Mission of the CCAHC, Chain of Command, Procedures for budget and approving expenditures,
Use of liaisons and volunteers, Appointment of a Budget Liaison -Tab Y
Tab Y included a copy of Resolution No. 2014 -02. Administrator Whitehall distributed a Budgeting
informational handout. He then continued by asking the CCAHC to review the first paragraph of Section
One in the resolution, to assist in developing a mission statement, and consider adopting at the next
meeting.
CCAHC - July 1, 2014 Meeting - Page 3 of 6
IV. PROCEDURES, POLICIES AND LAWS CONTINUED.
B. Continue Sunshine Laws, Code of Ethics, Public Records Laws, and Parliamentary Procedures
In regards to events, festivals, contests, and the like, Administrator Whitehall suggested that any project
under the umbrella of the Centennial Celebration should have the 'blessing' of the CCAHC, as a matter
of publicity, uniformity, and control. This would apply to current annual events, as well as individuals
wishing to sell a product using the centennial logo, thereby curtail misrepresentation of the CCAHC's
mission statement.
Events /Contests originated by the CCAHC are to include a budget, presented in an income statement
format, formulated by the liaison or a coordinator. Events of this nature should be self - supporting with
excess monies used to supplement the expenses not derived from fund raising, such as general
advertising, etc. He requested the appointment of a Budget Liaison to coordinate financial information,
receipts, and disbursements. Chair Mixon opened the floor for a volunteer with banking and financial
experience to assume the responsibility of this position. Member Hoover moved to appoint Mr.
Williams to serve as the CCAHC Budget Liaison; seconded by Member Turgeon. There was no
further discussion. Motion Carried (unanimously).
Expenses perceived by the CCAHC as community -wide improvements, public infrastructure, or simply
borne by the City, are to be thoroughly analyzed by the Budget Liaison and the CCAHC, followed with
formal action. The Administrator will submit applicable budget items to the City Council for final
approval. The CCAHC asked whether the Mayor and Council would be offering any funds or a set
budget. Administrator Whitehall responded yes, the budget process is in motion. Workshops are
conducted in August, with final adoption hearings in September. He clarified his approach for a
Centennial Budget, pending approval, is an appropriations line item within the Legislative (City Council)
section of the General Fund. The Public Facilities Improvement Fund will integrate the items considered
community -wide improvements and /or public infrastructure. Additionally, Council adopted (by Resolution
2014 -02) for a fund to be established for processing all transactions of the Centennial Celebration
events and activities, with the Finance Department maintaining and processing all financial records,
receivables and payables. Periodic detail budget reports will be provided to the CCAHC and City
Council.
C. Establish a Meeting Schedule -Tab A
The materials provided by Clerk Gamiotea within Tab A were monthly calendars beginning August 2014
through January 2016. Each month identified dates the City Council Chambers would not be available to
conduct meetings, pertinent dates from the 2014/2015 school year calendar, and annual festivals or
special events. Upon discussion, the consensus of the CCAHC was to have regularly scheduled
meetings beginning at 5:30 p.m. held on the second and fourth Monday of each month; in
months where there will only be one meeting, it should be held on the 2nd Monday; additional
meetings for July 2014 will be held on the 14th and 28th.
V. PRIORITIZE TASKS — Tab B.
• Development of Individual and Corporate Sponsorship Packets.
Clerk Gamiotea provided examples of Stuart's sponsorship packet; it was a simple two - category
method, $500.00 for Individual and $1500.00 for Corporate. Stuart offered these via their social media
accounts and website with initial listings of Centennial Events available for sponsorship. The City of
Homestead was a more complex packet, mailed to all businesses and organizations, and offered four
levels starting at $1000.00 up to $15,000.00.
CCAHC - July 1, 2014 Meeting - Page 4 of 6
V. PRIORITIZE TASKS CONTINUED.
• Continue Development of Individual and Corporate Sponsorship Packets.
In addition, she provided a more comparable example from the City of Port St. Joe, which offered four
leve s of sponsorship, with each level titled using tree names within their National Forest, and began at
$100.00 up to $5,000.00. Following a brief discussion, the CCAHC will review the task further, and
conider it at the July 14 meeting. Chair Mixon offered to be the Liaison over this task.
• Development of a Centennial Logo and Establish Criteria for Permission of Use.
The initial discussion for a centennial logo centered on the pros and cons of conducting a logo contest.
The majority of the members were concerned with the quality of the submittals, expounding that due to
this celebration only happening once every 100 years, it is important enough to have an experienced
artist or graphic designer create it. The suggestion was offered to use Member Giddings concept of
setting perimeters such as whether it should have a tag line, capture the heritage and spirit of the City,
as Well as a deadline for submitting, how it would be advertised, and merged in a Request for Proposal
(RPP) format. The consensus was to rank this task as number one, for the July 14 agenda to finalize the
criteria, adopt rules for permission for use, and the RFP from the social media accounts to be
established.
• Creation of Social Media Accounts.
The City does not have any social media accounts at this time, only a website. Member Domer
volunteered to serve as the CCAHC Social Media Liaison. He was tasked with creating and
promoting Facebook and Twitter accounts, and serve as administrator of both. Clerk Gamiotea is to
obta n social media policies from other municipalities for him to use. Administrator Whitehall agreed with
the plan of titling the accounts, City of Okeechobee Centennial Celebration, at the close of the
centennial year, they would be changed to the City of Okeechobee, in which then, the City would take
over administering them. The only website to be used at this time will be the City's. As a reminder, these
item and all their content fall under the public records laws.
• Cretion of a Centennial History Time Line.
The CCAHC agreed that a historic time line would be a Centennial project, similarly fashioned like other
citieo, designed on portable panels for public display, including photographs, to be launched January
2015. Clerk Gamiotea provided a chronology of the Okeechobee Regional History, covering from 1820
through 1993. The Palm Beach County Regional Preservation Office provided the chronology at a City
Council meeting in 1999 during a preserving historic resources presentation. Member Cable
volunteered to serves as the CCAHC Historic Time Line Event Liaison.
• Create a Calendar of existing festivals, parades, or special events.
Men)ber Rodriguez volunteered to coordinate the creation of a calendar of existing festivals,
parades, contests, and special events /fund- raisers, to coordinate efforts with other organizations
when scheduling centennial initiated events, contests, etc. The First United Methodist Church, the First
Baptist Church, and the Okeechobee News will also be celebrating a centennial in 2015; therefore, their
events need to be coordinated within the calendar. Contact should be made for dates to other groups
such as the Cattlemen's, Martha's House, American Cancer Society, Okeechobee Pregnancy Center,
March of Dimes, and as well as various School functions involving the community (such as the Kick -off
Classic Football Game, Homecoming, Prom, Graduation, and Band events).
• Develop Centennial Events /Contests in coordination with existing festivals /events and for
months without an existing festival /event.
The task of coordinating and /or creating events was deferred to the next meeting.
CCAHC - July 1, 2014 Meeting - Page 5 of 6
V. PRIORITIZE TASKS CONTINUED.
• Additional /Other Tasks.
Chair Mixon opened the floor for members to offer additional tasks, suggestions, or other areas that
should be considered:
Upon initiation of the suggestion to have a member whose duties would be to communicate the
Centennial events within the schools, Member Enfinger volunteered to serve as the CCAHC School
Liaison.
Member Turgeon volunteered to serve as the CCAHC Media Liaison.
The committee wants to ensure all cultural and ethnic groups are showcased during the centennial, as
this is a once in a lifetime opportunity for everyone to participate in such a historical event. Member
Giddings asked whether she could serve as a cultural coordinator for the CCAHC, while she is
interviewing the numerous groups and individuals to produce a Centennial Edition of Okeechobee the
Magazine. Clerk Gamiotea responded that she would need to research that since Mrs. Giddings is
soliciting advertisements as well for the magazine. The perception could fall under using ones public
official position for private gain. Unfortunately, when appointments meet the State's definition as a
'public official,' that hat is always on. A member cannot resolve it by saying, "when I am asking for this, I
am wearing this hat, and when I am asking for that, I am wearing that hat ". This item will be discussed
further.
Chair Mixon opened the floor to anyone from the public to address the committee. Miss Allison Chandler
introduced herself as the Director of the B.R.A.T. Club, conveying that her organization is very excited
about the centennial, and would like to assist in any way possible, including sponsoring
events /contest geared toward the middle school age group. Additionally, Ms. Teresa Chandler was
present and she explained that the CCAHC could use the B.R.A.T. Club events as an additional method
to get information out to parents and youth. Chair Mixon thanked them for their commitment to the
centennial celebration, no official action was necessary for this item.
VI. ADJOURNMENT - Chairperson.
There being no further items on the agenda, or discussion offered, Chairperson Mixon adjourned the meeting at
6:53 p.m. The next regularly scheduled meeting is July 14, 2014 at 5:30 p.m.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the CCAHC with respect to any matter
considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a
verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Audio
recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act
(ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the
City Clerk's Office no later than two business days prior to proceeding, 863 - 763 -3372.
MINUTES SUBMITTED FOR APPROVAL BY:
CCAHC - July 1, 2014 Meeting - Page 6 of 6
-,w E AMIOT: CMC
CIT CLERK
KEECHO E
5 SE?3"" R 200 E FL 34974
CITY OF OKEECHOBEE
CENTENNIAL CELEBRATION AD HOC COMMITTEE
JULY 1, 2014 AGENDA 5:00 PM
CITY HALL COUNCIL CHAMBERS
A
AVENUE OOM O
I. CALL TO! ORDER — Clerk Gamiotea (Initial Meeting Only)
II. COMMITTEE AND STAFF ATTENDANCE — Clerk Gamiotea
Voting Members:
Magi Cable v i L .c Loa_
Jeanne Enfinger ✓ C klA COL C
Dawn Hoover S. C(o
J.D.!Mixon ✓
Antoinette Rodriguez ✓ Tesk,0 C L
Sharie Turgeon ✓I`n alt a
John Williams v (')*
Advisory Members:
Justin Domer v 5ouce+ r �O
Katrina Elsken fa bS
Donna Gaiser v
Susan Giddings v
Staff:
Brian Whitehall, City Administrator
David Allen, Public Works Director
Lane Gamiotea, City Clerk iv
L ({-uc a 1.e,(2 1, (
Sts
Liti-5 (fCC
BE ADVISED that should you intend to show any document, picture, video or items to the
CCAHC in support or opposition to any item on this agenda, a copy of the document, picture,
video, or item must be provided, before leaving the chambers, to the City Clerk for the City's
records. PUBLIC PARTICIPATION is permitted on all items, signal the Chair by approaching the
podium, and wait to be given the floor. State your name for the record.
III. ELECTI
N OF A CHAIRPERSON AND VICE - CHAIRPERSON — Clerk Gamiotea
A. Election of a Chair \,
1.Open the floor to receive nominations J 0"-0 L`-' t ley
2.Close the floor for nominations X D e_ 6_t11 t & fv -Ha \ \I
3.Request motion and second, naming at least one of the nominations
4.Call for Vote )1yt
(Pass Gavel to Chair to facilitate remainder of meeting)
B. Election of a Vice -Chair
1.Open the floor to receive nominations
2.Close the floor for nominations
3.Request motion and second, naming at least one of the nominations
4.Cali fora vote C�ct Q C ,
�CtiG`71 cu(-1
v j h (41 LXtlt
0/0-
rv� 1 Q
30 )mC
IV. PROCEDURES, POLICIES AND LAWS — Attorney Cook, Administrator Whitehall, Clerk Gamiotea
A. Sunshine Laws, Code of Ethics, Public Records Laws, and Parliamentary Procedures -Tab Z c L LLp)-
B. M'ssion of the CCAHC, Chain of Command, Procedures for budget and approving
expenditures, Use of liaisons and volunteers, Appointment of a Budget Liaison -Tab Y
C. Ettablish a Meeting Schedule -Tab A
1
V. PRIORITIZE TASKS — Tab B
• Development of Individual and Corporate Sponsorship Packets
• Development of a Centennial Logo and Establish Criteria for Permission of Use
• Creation of Social Media Accounts
• Creation of a Centennial History Time Line
• Create a Calendar of existing festivals, parades, or special events
• Develop Centennial Events /Contests in coordination with existing festivals /events and for months
without an existing festival /event
• Additional /Other Tasks
VI. ADJOURNMENT — Chairperson
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the CCAHC with respect to any matter
considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a
verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Audio
recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act
(ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the
City Clerk's Office no later than two business days prior to proceeding, 863 - 763 -3372.
2
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CITY OF OKEECHOBEE
CENTENNIAL CELEBRATION AD HOC COMMITTEE
JULY 1, 2014 AGENDA * 5:00 PM
CITY HALL COUNCIL CHAMBERS
55 SE 3R° AVENUE R•oM 200 *[ OKEECHOBEE FL 34974
I. CALL TO ORDER — Clerk Gamiotea (Initial Meeting Only)
II. COMMIT
TEE AND STAFF ATTENDANCE — Clerk Gamiotea
Vot nq Members:
Magi Cable
Jeanne Enfinger
Dawn Hoover
J.D. Mixon
Antoinette Rodriguez
Shafie Turgeon
JoIll Williams
Advisory Members:
Justin Domer
Katrina Elsken
Donna Gaiser
Susan Giddings
Staff:
Brian Whitehall, City Administrator
David Allen, Public Works Director
Lane Gamiotea, City Clerk
BE DVISED that should you intend to show any document, picture, video or items to the
CC HC in support or opposition to any item on this agenda, a copy of the document, picture,
yid , or item must be provided, before leaving the chambers, to the City Clerk for the City's
rec rds. PUBLIC PARTICIPATION is permitted on all items, signal the Chair by approaching the
pod um, and wait to be given the floor. State your name for the record.
III. ELECTION OF A CHAIRPERSON AND VICE - CHAIRPERSON — Clerk Gamiotea
A. Election of a Chair
1.Open the floor to receive nominations
2.Close the floor for nominations
3.Request motion and second, naming at least one of the nominations
4.Call for Vote
(Pass Gavel to Chair to facilitate remainder of meeting)
B. Election of a Vice -Chair
1.0pen the floor to receive nominations
2. Close the floor for nominations
3. equest motion and second, naming at least one of the nominations
4. all for a vote
IV. PROCE ORES, POLICIES AND LAWS — Attorney Cook, Administrator Whitehall, Clerk Gamiotea
A. S nshine Laws, Code of Ethics, Public Records Laws, and Parliamentary Procedures -Tab Z
B. Mi sion of the CCAHC, Chain of Command, Procedures for budget and approving
ex enditures, Use of liaisons and volunteers, Appointment of a Budget Liaison -Tab Y
C. Establish a Meeting Schedule -Tab A
1
V. PRIORITIZE TASKS — Tab B
• Development of Individual and Corporate Sponsorship Packets
• Development of a Centennial Logo and Establish Criteria for Permission of Use
• Creation of Social Media Accounts
• Creation of a Centennial History Time Line
• Create a Calendar of existing festivals, parades, or special events
• Develop Centennial Events /Contests in coordination with existing festivals /events and for months
without an existing festival /event
• Additional /Other Tasks
VI. ADJOURNMENT — Chairperson
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the CCAHC with respect to any matter
considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a
verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Audio
recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act
(ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the
City Clerk's Office no later than two business days prior to proceeding, 863-763-3372.
2
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1Rt E 1 -[ -2d(
CLA C-4C
CCAHC Task
DEVELOPMENT OF SPONSORSHIP PACKETS - INDIVIDUAL AND CORPORATE
Review opies of the two samples attached, one from the City of Stuart, the other from
the City omestead. There many others to view online.
Stuart
Individual $500
Corporate $1500
Additionally they had sponsors for
specific events
Homestead
4 Levels, from $1,000 up to $15,000
Mailed with cover letter to all businesses
within the City, and surrounding the City
Notes; Questions, Idea's:
Sponsorship Ideas. Should the CCAHC decide to go with multiple levels, review how
the City of Port St. Joe used the names of the tree's for levels. Using our industry to
name the levels, starting with catfish as the first industry within the City; Speckled
Perch (we're the Capital), and add the other areas that have helped our community
grow, such as a Citrus Level, and a Cattle (or a specific name ie: Brahman) Level.
Sponsorship levels are listed below, but please remember that any amount donated will be appreciated. Publicity
will incldde the event website, facebook page, newspaper and radio advertising, event signage and posters. A
sponsorireception will be held before the main event to honor sponsors at different levels. Extra tickets for the
receptioh will be available to purchase at $50.00 each.
SPONSORSHIP INFORMATION
$5,000.00 Magnolia (Presenting Sponsor)
Pre tenting sponsors names & logos will be featured on all publicity and will receive four free tickets to all
fundraisers, a commemorative coin, book featuring historic photos and ten tickets to the Sponsors' Reception
$2 500.00 Palm
Palm Level Sponsors names and logos will be featured on all publicity and will receive two free
tickets to all fundraisers, a commemorative coin, a book featuring old historic photos and 8 tickets
to the Sponsor Reception
$1,000.00 Live Oak
Live Oak Level Sponsors names and logos will be featured on some publicity (website, facebook and
event signage) and will receive two free tickets to all fundraisers, a commemorative coin, a book
featuring historic photos and six tickets to the Sponsors Reception
$500.00 Cypress
Cypress Level Sponsors names and logos will be featured on some publicity (website, facebook and
event signage) and will receive a commemorative coin, a book featuring historic photos and four
tickets to the Sponsors Reception
$250.00 Tupelo
The Tupelo Level Sponsors will be listed on signage at the event sites, will receive a book featuring
historic photos and a commemorative coin.
$100_11Uong Leaf Pine.
The Long Leaf Pine Sponsors will be listed on signage at the event sites and will receive a
commemorative coin
Sponsor Company Name
Representative
Address City
Phone Email
Level of Sponsorship
Date of Payment
Signature of Representative
Checks made payable to the Port St. Joe Centennial Celebration
City Hall PO Box 278
Port St.'; Joe, FL 32457
For information please contact
Dana Boyer (easy to find at Boyer Signs, 107 2nd Street PSJ)
850 =227 -3777 work / 850 -i639 -2874 / 850 - 340 -1195 cell / boyersig@fairpoint.net email
6/27/2014 City of Stuart Centennial Celebration - AA ®AAAAAAAACelebrate 100 Years of Stuart's History!
eLebrate 100 years of Stuarts History!
Home Events History Centennial Reading Lists Sponsorships Photo Gallery Contact Us
ON THE ST. LUCIE
Help us Celebrate 100 Years
of Stuart on the St. Lucie!
Be a Centennial Sponsor!
Sponsorships start at $500 and include tickets to the Centennial Gala,
copies of Stuart on the St. Lucie: A Postcard History, and more.
Individual Sponsorship Form
Corporate Sponsorship Form
Thank you to our sponsors for helping celebrate Stuart on the St. Lucie
• Seacoast National Bank
• Stuart Magazine
• Scripps Treasure Coast Newspapers
• Martin County TDC
• Lessen Lesser, Landy & Smith, PLLC
• Nickerson & Company
• KaleidaMinds Marketing
• Stuart Lodge
• Tom Campenni
• Tara Biek Creative
• Stuart Parades
• Littman Sherlock & Heims, PA
• CAPTEC Engineering
• SMS /DBA
• FP &L
• Ann Corwell
• Gary Burkoff
• Kevin B. Edwards
• The Dgwntown Business Assoc. of
Stuart
http://www.celebratestuartorg/sponsorships.html
• Florida Power & Light
CELEBRATE STUART on FACEBOOK:
1/4
CELEBRATE
HELP CELE!M(ATL cSTiIART'�S
FIE.T 100 YEAr llf?ITfl A
WEEK—LONG CEITENNIAL
CELErATIoN!!
Name in all Centennial materials
including advertising, website, Facebook
page, and the Centennial Program
• 1 ticket to Centennial Gala,
May 3, 2014 ($75.00 value)
• 1 copy of Commemorative
Postcard Book ($10.00 value)
• 2 VIP passes to Centennial Party
in the Park,1 May 10, 2014
($30.00 value)
• Placement of one 2- dimensional
item in Centennial time capsule
• Special Recognition at all
Centennial vents
MAY 3
Centennial Gala
MAY 7
Centennial
Observation & Time
Capsule Dedication
•
MAY 10
Centennial Parade &
Party in the Park
CELIJiATING
YEAR,
For more information, call 772- 600 -1296 or info @celebratestuart.org
www.facebook.com/celebrate.stuart - www.CelebrateStuart.org
LUCIE
IILLF CELEI3ruLTL
TIJAItTt FlItT 100
YEARS AT THE
CE \TENNIAL GALA
Aire
• Logo or text recognition as
appropriate in all Centennial
materials including advertising,
website, acebook page, and the
Centenn4a1 Program distributed
at Centennial events
• 4 tickets to Centennial Gala,
May 3, 2014 ($300.00 value)
• 4 copies Of Commemorative
Postcardbook ($40.00 value)
• Placement of one 2- dimensional
item in Centennial Time Capsule
• Special recognition at all
Centennial Events
CLLLflfATING
YEAR.
For more information, call 772-600-1296 or info @celebratestuart.org
I, www.facebook.com/celebrate.stuart - www.CelebrateStuart.org
ST. LUCI
1914 -2014
CENTENNI:L CELEBiATION
SA ' II DAT, SAY JOT
PANCAKE BREAKFAST
KIWANIS PARK 7AM 4OAM
$5 FOR ADUL'TS, $3 CHILDREN 6-18
CENTENNIAL PARADE
MEMORIAL PARK 1OAM -11:45 AM
PARTY IN THE PARK
MEMORIAL PARK
FREE • 11:3 OAM -5 :OOPM
LUMBER JACK SHOW • LIVE MUSIC
PONY RIDES • BOUNCE HOUSE
TONS OF KID & FAMILY FRIENDLY ACTIVITIES
STUART
AGAIN Ln PAUH BEACH COOL
SPONSbRED BY: Seacoast National Bank, Stuart Magazine, Scripps Treasure Coast Newspapers, Martin County TDC,
Nickerkon & Company /KaleidoMinds Marketing, Stuart Parades, Stuart Lodge, Lesser, Lesser, Lundy & Smith, PLLC,
Janney Montgomery Scott, LLC, Tom Campenni, Martin Health System,
Crary Buchanan, Tara Biek Creative,
Littman Sherlock & Heims PA, CAPTEC Engineering,
Downtown Business Association of Stuart & Stuart Main Street.
HOMESTEAD
Homestead City Council
Steven C. Bateman
Mayor
loll Bttr ess
Vice-Mayor
Patricia Fairelough- McCornriik
Councilwoman
Elvis .\ialdonado
Councilman
Stephen R. Shelley
COuncilma,i
Jndv Waldman
Councilwoman
Jimmie L. Williams, HI
Councilnan
Centennial Steerhig Comrnitee
Yvonne C. Il noivlcs
ChairivoVnan
Timothy L Ciiig
Vice - Chub -man
Ruth L. Cti npbell
j11ember
Kaman' IJriver
MembK r
_1 riycol Ln ujuez
1ieiiiber
Steven 11 Losnerr
Kevin :\1vk'
Member
Dear Sponsor:
Homestead is about to celebrate 100 years of history and we want you to
be a part of this historic event. The Homestead Centennial Steering
Committee, working on behalf of the Homestead City Council, is asking
for your support as a sponsor.
An impressive variety of celebratory events are planned. Some events are
specific to the Centennial, others are already on the Homestead calendar
and the Homestead Centennial promotion will be a participant. The main
events that the Centennial Committee will be organizing are the
Centennial Kick Off on August 17 -18, 2012 and the final big celebration
marking Homestead's 100 years on February 2, 2013. Attached is a brief
overview of the variety of events that the Centennial Committee will be
tying into.
In addition, it is the intent of the Steering Committee to leave an oral
history of this community by way of video - biographies, an evening
presentation of historical storytelling, and a book that will commemorate
the Centennial. Finally, we hope to leave a lasting legacy in the form of a
memorial marker designating the 100 years of Homestead at an entry site
into the city.
We have an exciting and multi - faceted campaign planned. As an
important part of our business community, we hope we can count on you
to participate at one of the proposed sponsorship levels and help us make
this 6 month celebration a memorable event for our community. Sponsor
logos will be prominently mentioned and displayed on all of our
promotional material, press releases, banners, Centennial website and City
of Homestead website.
We thank you for your time and consideration of this request, and for your
ongoing support of the City of Homestead's effort to celebrate this
important milestone in our history. Please do not hesitate to contact us if
you need additional information or have any questions.
Sincerely
Homestead Centennial Committee
"
HOMESTEAD
1- I. <) K I U A
HOMESTEAD CENTENNIAL SCHEDULE OF EVENTS
It is planned that the Centennial Celebration will kick off in August 2012 and conclude with the
City of Homestead Centennial Celebration at Harris Field on Saturday, February 2, 2013. Over
this seven -month period, the residents are invited to attend a variety of free, public, citywide
events. The following is a list of some of the events that will take place during the Centennial
celebration, there is an opportunity for many more community events to be incorporated into the
festivities as the planning progresses.
2012 -2013 Events
• August 17 - A reception at Homestead Community Center where event sponsors, former
elected officials, as well as present local, county and state officials will be invited to
attend this early evening event.
• August 18 — Inaugural Centennial Celebration featuring historical re- enactors, live music
and festivities in downtown historic district of Homestead
• September 22 - Children's Day at Roscoe Warren Park #6— Announcing the winners of
the Essay contest, the Visual Arts contest and the Photo contest
• November 3 -4 - Wings Over Homestead Air Show - A Centennial tribute will be part of
Air Show weekend.
• November 9 - A Centennial tribute at the dual homecoming football challenge between
Homestead High School and South Dade High School. Harris Field
• November 11 - Veteran's Day Parade
• November 17, 18 — NASCAR - A Centennial tribute will be part of NASCAR weekend
• December 8 — Holiday in Losner Park Centennial Christmas Pageant
• January 19 — MLK Parade and Concert — A Centennial tribute will be part of MLK
weekend.
• January 25, 26 & 27 — Homestead Rodeo weekend, A Centennial tribute will be part of
Rodeo weekend.
• February 2, 2013 — Homestead Centennial Celebration, Harris Field
Homestead Centennial Steering Committee
HOMESTEAD CENTENNIAL Sponsorship Packages
Platinum Level Sponsorship - $15,000
• Sponsorship recognition on all marketing and advertising material throughout period of
Centennial celebration
• Product/Company logo displayed on official City Hall site
• Logo placement on official banner
• Sponsorship recognition via media announcements
• Sponsorship recognition on City of Homestead website
• Sponsorship recognition on Homestead Centennial website
• Tent at two Centennial events, August 18 and February 2 "d. (All tents and chairs are provided
by event committee. No tents exceeding 10x10 feet in dimension.)
• VIP Tent tickets, eight
Gold Level Sponsorship - $5,000
• Sponsorship recognition on all marketing and advertising material throughout events
• Product/Company logo displayed at Centennial site (must be supplied by sponsor)
• Sponsorship recognition at events on stage
• Table or Tent at two Centennial events, August 18 and February 2 "d., provided by event
committee, (no tent exceeding 10x10)
• Spo sorship recognition on City of Homestead website
• Spoi sorship recognition on Homestead Centennial website
• VIP Tent tickets, four
Silver Level Sponsorship — $2,500
• Product/Company logo displayed at official City Hall site (must be supplied by
sponsor)
• Sponsorship recognition at events on stage
• Sponsor supplied tent/tables /chairs at two Centennial events, August 18 and February 2 "d
• VIP Tent tickets, four
Bronze Level Sponsorship- $1,000 - $2,499
• Product/Company logo displayed on all Promotional Material, posters, flyers, banners, etc.
t sTENNl.
HOMESTEAD
-__
1-, L CJ 14 1 I:J �\
Sponsorship Agreement Form
Please submit the attached sponsorship agreement form to:
Homestead Centennial Steering Committee
43 N. Krome Avenue
Homestead, FL 33030
You can also submit your sponsorship form by email to: wellerandlosner @aol.com, or
ycknowles @aol.com.
General Information
All sponsors /vendors handling food must have their own health certificate and insurance,
identifying The City of Homestead as "Additional Insured"
Homestead Centennial Steering Committee reserves the rights to modify the program or make
adjustments due to matters outside of our control. For additional information you can contact the
Homestead Centennial Steering Committee at 305 323 6564 or email us as at
ycknowlesAaol.com or wellerandlosner @aol.com
Cancellation & Payment Policy
All sponsorship, advertising and exhibiting requests are FINAL. Payment must be made in
U.S. dollars drawn from a U.S. bank and payable to Payment
must be received by Homestead Centennial Steering Committee NO LATER than Friday,
August 3, 2012. All rates quotes are net and non- commissionable. All payments must be made
by check payable to
Payments should be submitted to:
Homestead Centennial Steering Committee
43N. Krome Avenue
Homestead, FL 33030
Contact Information
For more information, please contact:
Homestead Centennial Steering Committee
Financial Chair, Mr. Steve Losner
305 972 0385 email: Wellerandlosner(aol.com
Homestead Centennial Steering Committee
Chair, Yvonne Knowles
305 323 6564 email: ycknowles@aol.com
HOM ESTEA D
Thank you for your support! WVe Cook forward to seeing you at ad the CentenniaCevents!
Platinum Sponsor
Gold Sponsor
Silver Sponsor
;Bronze Sponsor
$15,000
$ 5,000
$ 2,500
$ 1,000 -2,499
Yes, I /We would be very pleased to Sponsor the Homestead Centennial celebration beginning
August 17, 2012 and ending February 2, 2013. Enclosed is my business card along with my
check made out to: City of Homestead, Centennial Celebration.
Signature of authorized Agent:
PAYMENT FORM
Your signature on this page signifies your commitment to pay for all sponsorship as stipulated
herein:
Name: Title:
Signature: Company:
Addres$: City: State: Zip:
Telephcjne: Fax: Email:
Check enclosed Check number: Total: $
Name ort check: Signature:
Cancellatioh & Payment policy: All sponsorship, advertising and exhibiting requests are final. Payment must be made in U.S. dollars drawn
from a U.S.' and payable to City of Homestead, Centennial Celebration. Payment must be received by the Homestead Centennial Steering
Committee NO LATER than Friday, August 3, 2012. All rates quotes are net and non- commissionable.
Your donation to the City of Homestead for the production of the Centennial Celebration may qualify as a tax
deductiblb contribution in accordance with Section 26 USC 170 (c) of the United States Code. Please consult a tax
professiohal to determine whether your donation will be tax deductible.
CCAHC Task
DEVELOPMENT OF A LOGO & ESTABLISH CRITERIA FOR PERMISSION OF USE
Sponsor a logo design contest to produce a graphic symbol that will be used on all
materials created for the centennial event. How other organizations may obtain
permission to use the logo will also need to be developed.
SampleS of guidelines to establish:
- Develop a complete set of rules and where they can be obtained
>Create a logo with tag line or slogan to capture the City's heritage and the spirit
of our community
- Deadline for submissions
- Locatioh for submissions
- When and where official logo winner will be announced and unveiled
- Contact person and information
- Prizes
- Sponsorship
Notes, Questions, Idea's:.
CCAHC Task
CREATION OF SOCIAL MEDIA ACCOUNTS AND /OR WEBSITE
Facebopk, Twitter, Centennial Website
When should the accounts go active?
Who wild be the administrators of the accounts?
Who wilt keep the website up to date, and post corporate sponsorship logo's?
Reminder: all are subject to the public records laws
Noted, Questions, Idea's:
6/27/2014
Port St. Joe Centennial Celebration
Schedule of Events Accommodations More Info Home
Sponsors /Donors
Follow us on Facebook
Photo Credits
FI .ZEWORKS ARE A GO FOR
FRIDAY NIGHT!
What an exciting time to be in Port St. Joe!
On July 1, 20)3, Port St. Joe will celebrate its tooth birthday and a celebration
worthy of a centennial year is being planned.
In October 2012 Mayor Mel Magidson appointed a committee that includes
representatives of the Chamber of Commerce, Tourist Development Council,
Historical Society, business community, and private citizens to begin planning this
event.
The last weekend in June was chosen as the kick -off date. Activities
are in the punning stages, and will be listed on the ,Schedule of Events page as
the list is finalized.
A limited number of commemorative coins ARE NOW available.
http:// ww w.psjcentennialcelebration.comf
Locations Map
Your Help is Needed!
Attend a Fundraiser.
Be a Sponsor.
Donate and /or Volunteer.
Click here for more info...
Download /Print this poster!
Recent Press:
• Gold coin commemorates Port St.
Joe's tooth birthday
The Star - 4/25/13
• Port St. Joe celebrates music through
the years with festival
The Star - 4/18/13
• Help document history Saturday
The Star - 2/21/13
• Documenting loo years of history
2/7/13
• PSJ Centennial Celebration
The Star - 6/6/12
1/4
6/27/2014
Celebrate 100 Years of Stuart's History! - City of Stuart Centennial Celebration
:elebrate 100 years of Stuart's History!
History Centennial Reading Lists
Sponsorships
Photo Gallery
Contact Us
City of Stuart is turning 100 on May 7th, 2014,
Punning is already under way and events have already s
Are you involved with a
business or organization that is also
celebrate n a milestone?
want to hear rom. you
ted.
Sponsorship
opportunities
available!
For h latest info!
www.celebratestuartorg
w.facebook.comicelebrate.stuart
http://www.celebratestuart.org/
1/2
4/LtYLU I
Homestead, FL - Official Website - City Centennial
Engage your community - connect to news, Bents and information you care about.
.ENE CIF' OF
FLORIDA
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Search Homestead
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Homestead: Home 1 Residents I rir/_Ctnt;-inni;l
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City Centennial
C,:-ni.enf1ia.1 Celebration of ?.he
HOMESTEAD
F L O R I D A
planned for the following
months, culminating in a big celebration marking Homestead's 100 years on February 2,
2013 in Hams Field Park.
f Horne tite:a i .t 91
Homestead is about to celebrate 100
years of history and we want you to be a
part of this celebration!
The Homestead Centennial Steering
Committee, working on behalf of the
Homestead City Council, is organizing a
variety of events to commemorate this
historic celebration. The Centennial Kick Off
event will take place on August 18 at Losner
Park in the Historic Downtown Homestead
with the music, historic re- enactments of
pioneers, an antique car show and more. An
impressive variety of celebratory events is
There are many ways to participate in the Centennial Celebration of the City of
Homestead. The Centennial Committee invites residents, the business community,
schools, non- for -profit organizations, the agricultural community and all of the churches in
Homestead to join the celebration. Please contact steering committee Chairwoman
Yvonne Knowles for volunteering opportunities as well as event information at
or (305) 323 -6564
Here are some of the exciting events and activities of the Homestead Centennial:
• See the Homestead Centennial
• Download the
• Download
• Meet the members of the
form for Homestead Centennial Festival February 2nd
The Centennial Steering Committee is working diligently to capture Homestead's rich
history through the planned documentary, book and other materials. Learn more about
Homestead's history from the
H O M E S T E AD
TO EVERGLADES & BISCAYNE
N A T I O N A L PARKS
City of Homestead Centennial
Recognized by State Senators
and State Representatives
Centennial Steering Committee
Recognized by Councilwoman
Fa it c loug h -M c Cor m i c k
At the February 20th Homestead
City Council Meeting,
Councilwoman Patricia
Fairclough- McCormick presented
members of the Centennial
Steering Committee with
certificates of recognition. <.:,;
Hones Contact Us C1,c aimcr
tVobmail Powered by G'vicRus
-
1}1or,1esTE.ao
City of Homestead 650 NE 22 Terrace I Homestead, Florida 33033
http://www.citylhomestead.conlindexaspVnid=301
1/1
CCAHC Task
CREATION OF A CENTENNIAL TIME LINE
Is this something the CCAHC would be interested in creating?
Notes, Questions, Idea's:
Events Idea's: Time -Line Wall. Many cities created a time line for display, with
photos from the local historical society, to bring "the time line alive." Another City
went a step further and added after the photo's, the entries of the Essay Contest,
"You Grew Up in Okeechobee if You Remember ..." In 1999, the City was presented
with, A Guide to Preserving Historic Resources. The Palm Beach County Regional
Preservation Office created and included this time line in that presentation.
CHRONOLOGY OF OKEECHOBEE REGIONAL HISTORY
c1820 Seminole Indians establish settlements throughout the Lake
Okeechobee region.
1835 Second Seminole War began throughout central Florida
1837 Ft. Basinger established by U.S. Army on the Kissimmee River.
1837 Battle of Okeechobee between the Seminoles and U.S. troops
commanded by Colonel Zachary Taylor.
1842 Second Seminole War ends.
1849 Ft. Drum established by U.S. Army.
1855!, Third Seminole War began throughout central Florida
1860, Ft. Drum and Ft. Basinger were abandoned following the Third
Seminole war.
c1880 Hamilton Disston, a Philadelphia industrialist, purchases four million
acres in central and south Florida.
1880.86 Kissimmee and Caloosahatchee Rivers are dredged for navigation .
1896 Peter Raulerson established a homestead on Taylor Creek at the site
of the present -day town of Okeechobee.
1902 Post Office is established for the settlement of Tantie.
el 906 Commercial catfishing industry on Lake Okeechobee booms.
Regular steamboat freight service established to Ft. Myers and
Kissimmee.
1909 Tantie Schoolhouse built on South Parrott Ave.
1911 Tantie post office is renamed Okeechobee.
1912 The Model Land Company, a real estate branch of the Florida East
Coast Railway was formed -
Okeechobee Land Company was formed
Pc3 1 c1�
1914 Flagler Park laid out by P. L. Jenkins, a civil engineer for the
Okeechobee Land Company
1915 Raulerson Store was built on corner of West South Park Street and
South Fifth Avenue
Anna and Roy Darrow, first doctors in Okeechobee, built Park Drug
Store next to Raulerson Store on West South Park Street
City of Okeechobee is incorporated.
Bank of Okeechobee built at corner of NW Fourth Avenue and West
North Park Street
Okeechobee Call newspaper started
Florida East Coast Railway arrived in Okeechobee
1916 Okeechobee County Jail built
Okeechobee Elementary School built
1917 Okeechobee County is created.
1924 Connors Highway opens from Okeechobee City to Twenty Mile
Bend in Palm Beach County
Seaboard Airline Railroad station built
1926 Okeechobee City Hall built
Okeechobee County Courthouse built
Okeechobee High School built
Okeechobee News started
Southland Hotel built on NE corner of Parrott Ave. & Park Street
1928 Hurricane kills over 2,000 in Lake Okeechobee region and decimates
the commercial fishing industry on Lake Okeechobee.
1930 Construction of the Herbert Hoover Dike began around the Lake
1937 Okeechobee Cattlemen's Association formed
1939 Okeechobee Livestock Market opened
1942 First blackout during World War II occurred in Okeechobee
1943 Okeechobee County Bank opened on west corner of West South Park
Street & Southwest Fifth Avenue
1947 Central and Southern Florida Flood Control Committee organized at
Okeechobee County Courthouse.
1948
A. & K. Hanna's Lake Okeechobee: Wellspring of the Everglades is
published.
perP3
1949 Central and Southern Florida Flood Control District (predecessor to
the South Florida Water Management District) was created by the
Florida Legislature
Louisiana Raulerson Hospital opened
1956 Wilfred T. Neill's The Story of Florida's Seminole Indians, 2nd
edition is published
1961 Lawrence E. Will publishes Okeechobee Hurricane
County Historic Marker dedicated at Okeechobee County Courthouse
1962 Channelization of the Kissimmee River began (known as the C -38
canal project)
1964 Lawrence E. Will publishes: Cracker History of Okeechobee,
Okeechobee Boats & Skippers; Okeechobee Catfishing
1968 Lawrence E. Will publishes Swamp to Sugar Bowl
1971 The first shopping center opened in Okeechobee on east South Park
Street, just east of Taylor Creek, named Northshore Plaza
1973 Okeechobee Historical Society founded
1976 Tantie Schoolhouse relocated to county -owned land on Hwy. 98
1976 Kyle S. Van Landingham publishes History of Okeechobee County
1992 Checkers restaurant built at site of Southland Hotel
1993 Twila Valentine & Betty Chandler Williamson publish Strolling
Down Country Roads Okeechobee County
2/23/99
CCAHC Task
EVENTS - FESTIVALS - PARADES - FUNDRAISERS
To help foster enthusiasm when celebrating a centennial an entire year, most Centennial
Committee's went to organizations that host existing events /festivals and asked them to
add "Centennial" in their event name for that year. They also used that event to have a
booth and sell any items they were using as fund - raisers (t- shirts, postcards, coins).
On the dalendars within Tab A, events /festivals that the dates could be confirmed were
listed. The CCAHC needs to have a liaison take on this project and obtain the dates of any
missing events /festivals. This can then be used to approach the organizations, and to be
sure any additional Centennial events are not scheduled on the same dates.
Other community centennial- sponsored events discovered in research are listed below, just
to give you some idea's of the type of things that can be planned.
*Kick -off Celebration
*Vintage Artwork
printed tb fill windows of
vacant downtown
building$
*Gala (Ball)
*Poster Contest
Elementary Age Youth
*Reading List by age
*Picnic in the Park
*5K
*Children's Festival
* "If I Were Mayor..."
Middle School Speech
Contest
*Time Capsule
* "You grew up in
Okeechobee if you
Remember..." High
School Youth Essay
Contest
*Library Hour
*Music Festival /Pick Off
*Family Fun Day
*Movie in the Park
(classic in black & white)
*Parade
*Birthday Party w/ Cake
*Street Dance
*Pancake Breakfast
*Local Theater write &
perform "The
Okeechobee Story" a
comedic & music
representation of the
last 100 years
Noted, Questions, Idea's:
6/27/2014 City of Stuart Centennial Celebration - 0000.440.04Celebrate 100 Years of Stuart's History!
Celebrate 100 years of Stuart's History!
Centennial Reading Lists Sponsorships Photo Gallery Contact Us
.err
ItX NG
'YEA Ito8
HE ST. LUIS
Stuart Centennial Reading Lists
Experience Stuart and the State of Florida through its Literary Works. In honor of the
City of Stu4rt's 100th Birthday, the Martin County School System, the Martin County
Library System, and the Stuart Heritage Museum have listed compiled lists of fiction and
non - fiction ',books that highlight the Florida experience with an emphasis on local
heritage.
The books on the Schools /Library list are provided in age- appropriate categories and are
available through the Martin County Library. Those on the Stuart Heritage list may be
purchased at the Stuart Heritage Museum.
Martin County Schools and Library System Reading List
centerinialreadinglis pdf
Downlbad File
Stuart Heritage Museum Reading List
shrn_r ading_ ist,pdf
Downlpad File
http://wvwv.celebratestuart.org/centennial-reading-lists.html
1/2
Attention Schools!
Hel Stuart Celebrate it's 100th Birthday.
On dnesday, May 7, 2014 the City of Stuart will turn 100 years old. To
celebrate this historic occasion, we will be dedicating a time capsule to be
opened on the city's 200th birthday in 2114.
Students in Stuart schools grades 4, 5, 6 and 7 are
invited to participate in this once -in -a- lifetime event
by submitting an item for the time capsule.
All items must be two- dimensional (such as a drawing,
photograph, letter or writing). Maximum size 8.5" x 11"
Items must represent Stuart in the year 2014.
• Participating students must be enrolled in 4th, 5th,
6th or 7th grade in a school or homeschool program
in the City of Stuart.
• All students must participate as part of a school or
class project, no individual contributions.
• Participating schools and programs are invited to
take part in the dedication ceremony, Wednesday,
May 7, 2014 at 9:00 a.m. at the Riverwalk Stage,
St. Lucie Avenue, Stuart.
• The City of Stuart Centennial Taskforce
reserves the right to exclude any item it deems
to be inappropriate.
To participate, supervising teacher or administrator for
the participating school or homeschool program should
send a written letter of commitment to the Task Force
by April 1, 2014. Please submit letters to the attention
of Thondra Lanese at 121 SW Flagler Avenue, Stuart,
FL 34994 or tlanese @ci.stuart.fl.us.
CELEBRATE
For more information, call 772-631-0118
or info @celebratestuart.org
www.facebook.com /celebrate.stuart - www.CelebrateStuart.org
Stuart
RESOLUTION NO. 2014 -02
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, CREATING A
CENTENNIAL CELEBRATION AD HOC COMMITTEE TO PROVIDE IDEAS AND
RECOMMINDATIONS PERTAINING TO ALL MATTERS WITH RESPECT TO
EVENTS AND ACTIVITIES RELATED TO THE CITY OF OKEECHOBEE
CENTENNIAL CELEBRATIONS TO BE HELD THROUGHOUT 2015; PROVIDING
FOR QUALIFICATIONS, APPOINTMENTS, AND TERMS FOR COMMITTEE
MEMBER$; PROVIDING FOR RULES OF CONDUCT OF THE COMMITTEE;
PROVIDING FOR EX- OFFICIO MEMBERS AND SUPPORT STAFF; PROVIDING
FOR AUTHORIZED LIMITED BUDGET EXPENDITURES BY THE COMMITTEE;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
-Tflr) `/ il- t -2o141-
WHEREAS, on Jlane 4, 1915, by Chapter 7208, Special Acts 1915, of the Florida Legislature,
Okeechobee City was incorporated. Governor Trammel appointed Mayor Peter Raulerson,
City Counc I President C.L. Hatch, City Council President Pro - Tempore C.R. Darrow, Council
Members W.L. Coats, S.J. Drawdy, and L.M. Raulerson, and City Clerk H.L. Chandler, as the
slate of municipal officers. The first official City Council meeting was held on July 13, 1915,
and therefore, the City has been incorporated for 100 years; and
WHEREAS, this bNing a Centennial Anniversary, the City Council for the City of Okeechobee finds
that just as the first citizens held a giant celebration with a fish fry, community activities,
games, and a musical program, it is in the best interest of its citizens to organize and plan
various celebrations throughout the year of 2015; and
WHEREAS, planning and fund - raising for a Centennial Celebration requires substantial time and
resources, therefore, the City Council of the City of Okeechobee recommends establishing a
Centennial 4elebration Ad Hoc Committee (CCAHC) to provide ideas and recommendations
pertaining tb all matters regarding the City's Centennial events and activities to celebrate the
City's heritage and to promote awareness of our history; and
WHEREAS, the CCAHC will be comprised of seven (7) members who are appointed by the City
Council, and who would report to and receive direction and input from the City Council, with
terms of membership to begin immediately upon appointment, and sunset on December 31,
2015.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida;
presented a� a duly advertised public meeting; and passed by majority vote of the City Council;
and properl executed by the Mayor or designee, as Chief Presiding Officer for the City, that:
SECTION ONE: CIItEATION, TITLE, AND FUNCTION OF COMMITTEE.
The City of Okeechobee's Centennial Year of 2015, is an opportunity to showcase our
heritage, pr mote awareness of our history, and create lasting legacies as we move into the
future. This c n be achieved by participating in established annual community -wide events and
festivals, an by creating new events, and educational initiatives throughout the year that
celebrates t e City of Okeechobee's past, 'present, and future. The celebration will begin
January 1, 2 15, and run through December 31, 2015.
The City Council hereby forms the Centennial Celebration Ad Hoc Committee (CCAHC) for
the purposes of:
A. Advising the City Council, by monthly presentation, on any and all matters with respect
to the events and activities related to the City of Okeechobee Centennial in 2015, which
focuses on celebrating the City's heritage and promoting awareness of our history.
Provide ideas and recommendations for the consideration to the City Council, by
month y presentation, for events and activities that celebrates the 100'h Anniversary of
Resolution No. 2014 -02 Page 1 of 4
the founding of the City of Okeechobee.
C. Solicit sponsorships and donations and conduct fund - raising to provide financial
assistance for the Centennial events and activities.
D. Hear citizens, community organizations, and /or other local groups input on Centennial
activities and recommend appropriate action to the City Council.
SECTION TWO: QUALIFICATIONS, APPOINTMENTS & TERMS; RULES OF CONDUCT OF COMMITTEE.
The Code of Ordinances, Subsection B -Land Development Regulations, Chapter 70-
Administration, Division 5- Citizens Boards, provides the regulations, in Sections 70 -121 through
70 -129, for any board comprised of citizens appointed by the City Council. However, for the
specific purposes of the CCAHC, the following shall apply:
A. The CCAHC shall be comprised of seven (7) regular voting members.
B.
Membership.
1. Regular Voting Members shall be appointed from among persons in a position
to represent the public interest, and should be members that live or work within
the City of Okeechobee.
(a) Excluding Ex- Officio or support staff, members cannot be an employee of
the City of Okeechobee, cannot be an elected official of the City of
Okeechobee, Okeechobee County, or State of Florida. Members cannot
cause a violation of the State of Florida's dual office holding laws, and
anyone currently appointed to local governmental committees, boards or
task force, should verify appointment to the CCAHC is allowed by State
Law.
(b) Should include representatives with various qualifications and include
those with community, historical, and commercial interests, and when
possible, from local organizations such as, but not limited to:
1- Chamber of Commerce
3 -The Rotary Club
5 -The Economic Council
7- School Board District
9 -First United Methodist Church
2015 Centennial Committee
2- Okeechobee Main Street
4 -The Kiwanis Club
6- Retired Educators Association
8- Historical Society
10 -First Baptist Church 2015
Centennial Committee
2. Advisory Non- Voting Members may be required by law or rule, requested by an
entity, or suggested by the City Council, City Staff, or the CCAHC. Their purpose
shall be to serve as an advisory member, participate in all discussions, offer
opinions or advise, or otherwise represent and act, on behalf of the entity they
are representing. Member(s) will not be subject to attendance requirements,
unless stipulated upon their appointment by the City Council.
(a) Any Advisory Member whose appointment is mandated by Federal law,
State Legislation, local ordinance or rule, shall be appointed as stipulated
by such law or rule, and implemented by interlocal agreement between the
City and the other entity requesting the appointment. Such agreement
shall set forth the term, duties, attendance, obligations, and whether
appointment is by the City Council, or the entity requesting the
appointment.
C. The terms of CCAHC shall begin immediately upon appointment of all regular voting
members, and sunset on December 31, 2015.
D. Should vacancies arise, they shall be filled by the City Council as quickly as possible for
the unexpired term of the resigning member.
E. Members of the CCAHC are considered volunteers, and shall not receive a salary for
their service.
Resolution No. 2014 -02 Page 2 of 4
F. The CCAHC's rules of procedure for conducting their meetings will follow Roberts Rules
of Order, and govern themselves civilly, keeping applicable laws of the City and State
Statutes.
1. The CCAHC's purpose is to act for gathering facts and information, and making
recommendations to the City Council, and is therefore subject to the Sunshine
Laws.
CCAHC Members will be required to file a State of Florida, Financial Disclosure
Form 1 upon being appointed, and Form 1 -Final upon resignation, or sunset of
term.
3. Upon the initial meeting of the Committee, a Chairperson and Vice Chairperson
will be elected among the members. The responsibilities of the Chair shall be to
conduct the meetings in an efficient manner, regulate and facilitate discussion,
present recommendations and /or reports to the City Council on behalf of the
CCAHC, and ensure compliance of the Sunshine Laws. The Vice Chair serves
in this same capacity during the absence of the Chair.
G. The] CCAHC meetings will be advertised by the Office of the City Clerk, as required by
Florida Statute, so the public may attend and contribute. Meetings should be held on
a regular schedule, to be determined by the members. Meetings that are not regularly
scheduled shall not be held without at least three days notice to each member.
H. At Fast four (4) members must be present in order to conduct business.
1. Should there be less than four members present, the Chair shall call the meeting
to order, have the secretary call the role, and publically announce the
adjournment of the proceeding, due to a lack of a quorum.
2. In the event that the Chair and Vice Chair are both absent, the Secretary shall
call the meeting to order, role call, and present the floor open for a member to
be appointed to serve as "Chairperson Pro- Tempore" for the duration of the
meeting.
The Committee shall keep minutes of its proceedings showing the vote of each
menhber, or if absent, failing to vote indicating such fact. All matters, documents,
posters and media, presented at the meetings shall become part of the minutes, and
a public record, filed and retained by the Office of the City Clerk.
SECTION THREE: EX- OFFICIO MEMBERS AND SUPPORT STAFF FOR COMMITTEE.
A. The City Administrator or designee shall serve as non - voting ex- officio member of the
CCAIHC.
B. The City Clerk or designee shall serve as secretary to the CCAHC.
C. The Director of Public Works or designee shall serve as non - voting ex- officio member
of the CCAHC.
SECTION FOUR: FUND - RAISING AND SPONSORSHIP; AUTHORIZED LIMITED BUDGET EXPENDITURES.
A. The CCAHC shall develop individual and corporate sponsorship packets as a means
to provide financial assistance for the Centennial Celebration events and activities.
B. The CCAHC shall conduct fund - raising through projects and events which will assist
to provide financial assistance for the Centennial Celebration events and activities.
C. The CCAHC is authorized to consider, approve or deny expenditures for goods,
equipment, and /or services necessary to carry out the duties to which they have been
tasked.
1. All considerations for expenditures, including methods for obtaining quotes, and
formal bidding procedures will be performed as regulated in Chapter 2 of the
Code of Ordinances, Florida Statutes, or other state law.
Resolution No. 2014 -02 Page 3 of 4
2. Requests for expenditures, which total is less than $7,500.00, are to be submitted
to the City Administrator for approval, and prior to the CCAHC taking final action
to approve, award, commit to, or order any goods, equipment, or receive
services.
3. Requests for expenditures, which total exceeds $7,500.00, are to be submitted
to the City Administrator for approval by the City Council, and prior to the CCAHC
taking final action to approve, award, commit to, or order any goods, equipment,
or receive services.
D. A fund will be established to process all transactions for the Centennial Celebration
events, and activities.
E. The Finance Department will maintain and process all financial records, receivables, and
payables; and will submit Monthly Detail Reports periodically to the CCAHC and City
Council.
SECTION FIVE: CONFLICT.
All Resolution or parts of Resolutions in conflict herewith are hereby repealed.
SECTION SIX: SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application
thereof shall for any reason be held invalid or unconstitutional by any court of competent
jurisdiction, such portion or provision and such holding shall not affect the validity of the
remaining portions or applications here.
SECTION SEVEN: EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this 20`h day of May, 2014.
ATT,EST:.
tiJ
-121
Lane Gamiotea, CMC, City Clerk
Resolution No. 2014 -02 Page 4 of 4
F-8 Y010(7606
m-49 {:.j k -tadu tt
Okeechobee Centennial Celebration Committee July 1, 2014
Budgeting
Most projects will probably be conducted by organizations which have either done the
project in the past and now are 'declaring' it part of the centennial event, or are
conducting a new project that is unique to the celebration. Any project that is under the
umbrella of the Centennial Celebration should have the blessing of the Committee, as a
matter of publicity, uniformity, and control.
• The Speckled Perch Centennial Celebration could be an example of an approved
project wherein the sponsor already handles administration and accounting.
• An individual wishing to sell a product using the Centennial logo, without
approval, for example, could be misrepresenting the Committee's mission
statement.
• Any project that is unique (originated by) to the Centennial Celebration where the
proceeds and expenditures are accounted for by this committee should have a
budget, presented in an income statement format as exemplified below
(formulated by the liaison or his /her representative from that group):
BUDGET ACTUAL
Starting cash $ 0.00 $ 0.00
Income:
Sponsorships $500.00
Sales of xyz $230.00
Donations $130.00
Subtotal $760.00
Expenses:
Printing $ 35.00
Purchase of
material $400.00
Auctioneer $ 40.00
Subtotal $475.00
Ending cash $285.00
Projects generally should be self supporting and excess monies (fund raisers) should be
used to supplement the Centennial Celebration expenses that are not derived from fund
raising, such as general advertising that's not otherwise included as public service
announcements.
The Committee should appoint a finance control person, or Budget Liaison, so that any
financial information /receipts /disbursements can be handled in an orderly fashion.
Expenses that are perceived by the Committee to be related to community -wide
improvements, public infrastructure, or simply should be borne by the City, should be
thoroughly analyzed by the Budget Liaison and the Committee and a formal (voted
upon) recommendation given to the City Administrator for submittal to the City Council,
if applicable, for approval.
City of Okeechobee
July 1,2014
MEMO
Re: Centennial committee
Board members
Brian, Whitehall
Lane Gamiotea
Welcome to government in the sunshine! While most of you probably have heard
of Florida's Sunshine laws, its breadth and applicability may be surprising. A general
staterjient and interpretation is a follows:
When a committee is appointed, and authorized by the city council or even single
indiv: duals within the city to receive materials, review applications, evaluate proposals,
and make a recommendation to the city council, this is a part of government process
such hat it is subject to the open meeting laws in Florida.
When the committees purpose is solely to act for gathering of facts and
information, and to pass that along to the council, that normally would not be subject to
the open meeting laws.
This committee is most certainly subject to the Sunshine law. The statute
prohi its, outside of a public meeting, two or more members from discussing or
exch nging opinions or ideas on a subject that foreseeably may be a topic for action at a
publi meeting. This includes e- mails, facebook postings, telephone calls, or other
elect onic media. Remember that any e -mails or other correspondence from member to
mem er on a topic pertaining to the committee is a public record and must be preserved!
An e ception is an email that supplies information or data for informational purposes, so
long s there is no discussion, or exchange of opinions or ideas. Also, the law does not
appl to members of different boards, so one may discuss committee matters with a
mem er of the city council, the city administrator, etc. A member cannot however, use a
non - Member as a "messenger" to convey information to another member of the same
board to get around the statute.
55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686
While there is no good reason to intentionally avoid the sunshine law, the best
practice is to avoid the appearance of a violation. Can two board members meet for lunch
without violating the law? Yes, as long as no business is discussed that may appear
before the board, but again avoid the appearance of a violation whenever possible.
The penalty for violating the Sunshine law? The criminal penalty for intentionally
violating the statute is a second degree misdemeanor, punishable by up to a fine of $500,
and 60 days jail; the civil penalty is a fine up to $500. Again, the violation must be
intentional, and prosecutions for violating the law intentionally are few and far between,
but just avoid the problem altogether by adhering to the statutory requirements.
Also, there may be times when a board member has a conflict of interest in a vote;
no member can abstain from voting on an item before the board, with the sole exception
of a conflict. This might occur where the board votes to purchase from a certain vendor,
or hire outside assistance, and a board member might personally benefit from that board
action. If this is the case, the conflict must be stated on the record, and Lane has the
necessary state forms to file, within 15 days of that particular meeting. If a committee
member has met with a member of the public or a vendor to discuss an item that comes
befor� the board, but does not feel that voting would be a personal benefit, the best
pract' a is just to announce the meeting and its content before you vote on the matter.
1 Thanks for volunteering, and if ever you have a question for me, let Mr. Whitehall
know or call me directly at 634 -1648.
John Cook
City dkttorney
j it It r3)501i r)
TABLE OF CONTENTS
INTRODUCTION 2
BOARD! AND COMMITTEE APPOINTMENT GUIDELINES 3
MEETING PROCEDURES AND MEMBER RESPONSIBILITIES 4
MEETING PROCEDURES AND MEMBER RESPONSIBILITIES CONTINUED 5
Additional Responsibilities for the Chair and Vice -Chair 5
Additional Responsibilities for the Chair and Vice -Chair Continued 6
Additional Responsibilities for the Chair and Vice -Chair Continued 7
Ex- Pairte Communications 8
Attendance, Removal and Resignation 9
OKEECHOBEE IN THE SUNSHINE 10
PUBLIC' INPUT AND PARTICIPATION 10
FINANCIAL DISCLOSURE FORMS 11
CONFLICT OF INTEREST 12
PUBLIC RECORDS AND RETENTION 14
APPENDIX
• Using Parliamentary Procedure, A Guide to Conducting Order Meetings
- Government in the Sunshine Manual (Shortened Version)
• 2014 Guide to the Sunshine Amendment and Code of Ethics
Last Revised 6/26/2014 by LG
1
INTRODUCTION
The pur ose of this handbook and its appendices is to give clear guidance to members
on what laws, policies and procedures will be required of them while serving on their
respective appointed board /committee.
All City cif Okeechobee Boards, Committees, and Task Forces serve at the pleasure of
the City Council. They are an integral part of citizen participation in local government,
and an mportant asset to the City for proper growth, development, and long term
stability.
Each enmity is created for different reasons and has different relationships with both the
City Co ncil and City Departments. Each appointed body has a specific scope of
authority as provided by City Ordinance, Resolution and /or State Statute. They may
have ad inistrative, managerial, quasi - judicial, investigatory, and /or advisory powers
depende t upon the enabling legislation. These bodies do not set policy, but rather act
as a colt ctive citizen sounding board in the policy process.
Resolution No. 2014 -02, adopted May 20, 2014, establishes the creation of the
Centenn al Celebration Ad Hoc Committee (CCAHC), and may be amended as
necessaity, by the City Council.
Member$ are strongly encouraged to bring any questions or concerns to the City Clerk.
Her office is the official records custodian of the City, she is appointed by F.S. as the
City Redords Management Liaison to the State; serves as Coordinator to the State
Commission on Ethics, and City Elections Filing Officer. Her office is also tasked with
making sure the City adheres to the Sunshine and Open Meetings laws by
posting /advertising all notices to the media and the general public.
Lane Galniotea, CMC
City Clerk
55 SE 30 Avenue
Okeechobee, Florida 34974
863-763-3372 x 215
lqamiotea@cityofokeechobee.com
2
BOARD AND COMMITTEE APPOINTMENT GUIDELINES
In general, citizens interested in serving on a Citizen Board /Committee should comply
with the following guidelines:
1. All appointments require formal action of the City Council. Every
board /committee serves in an advisory capacity to the City Council.
2. Unless otherwise stated by City Council, term of office on most
boards /committees is three years. CCAHC terms sunset December 31, 2015.
3. Appropriate recognition will be made of services when a member resigns, or
when disbanded by the Mayor.
4. Members of boards /committees shall receive no salaries for service, but may
receive actual and necessary expenses incurred in the performance of their
duties, as may be set from time to time by the City Council.
5. Vacancies on any board /committee shall be filled by appointment of the City
Council for the unexpired term of the member affected.
6. City boards /committees membership should reflect, to the greatest extent
possible a representation of the community's interests, ethnic, gender, and
age composition. Where possible, membership shall consist of any of the
following: architect, engineer, surveyor, urban planner, landscape architect,
general contractor, realtor, business person, and lay persons. City residency
is required of some boards /committees; where there is no requirement, both
City and County residents may apply.
7. No Member of a citizen board /committee shall be an employee of, or hold any
elective position or office in, the government of the City.
8. A newly formed board /committee will be convened by the City Clerk, and
each will elect a Chairperson and Vice Chairperson.
9. A City staff representative will be assigned by the City Council or City Clerk,
to work with each board /committee to prepare agendas, keep minutes and
provide assistance.
10. Board /Committee meetings shall be held at least once a month.
Special /Emergency meetings shall not be held without at least three days'
notice to each member.
11. Each board /committee shall keep minutes of its proceedings showing the vote
of each member, or if absent, or abstaining (conflict of interest) and indicating
such fact.
12. These guidelines may be waived or changed at the discretion of the City
Council.
13. Refer to Resolution No. 2014 -02 for specific guidelines of the CCAHC.
14. Members are to familiarize themselves, and adhere to all State Laws,
including but not limited to Code of Ethics Laws, Sunshine and Open Meeting
Laws, and Public Records Laws.
3
MEETING PROCEDURES AND MEMBER RESPONSIBILITIES
It is im ortant that all boards /committees have underlying organizational structure and
procedu es. The guidelines within this section provide guidance for members and the
general public. Additionally, included with this handbook, members should study and
refer of n the "Using Parliamentary Procedure, A Guide to Conducting Orderly
Meetin s" booklet.
This list has been created to provide a framework for boards /committees procedures:
The foil wing three points are always in order, and my be asked directly to the Chair, by
a memb r or the public, during the meeting:
■ Poi t of Order — is asked when questioning the process being used, to state an
object on of the process, and /or make a suggestion of an alternative process. This
may i clude a request for the Chair to rule on process.
■Poi t of Information — is asked to request for information on a specific question,
either about the process or about the content of a motion. However, this is not to be
used s a way to get the floor to say something you think people should know.
► Poit of Personal Privilege - is asked when one needs to address a personal
need, or address a direct response to a comment defaming one's character, or a plea
to open the windows, call for a recess, etc.
1. The members should be prepared to succinctly discuss the issues. It's not a bad
ide
prE
re
2. As
a for members to make notes, or even write a list of comments, so they will be
pared to intelligently discuss proposals (remember your notes are public
ords).
a courtesy to all and to fulfill their obligations, members should arrive prior to
the appointed time for the meeting.
3. Before proposing that members take a formal action or position on an issue, a bit
of preparation will help assure its acceptance. The member should ask these
questions:
• Is the language of my motion clear and specific?
• Is the motion stated briefly, concisely, and directly?
• Can my intent possibly be misinterpreted?
• Is the motion stated affirmatively?
• Will the motion be in order?
• Does it call for action outside the object of the organization?
4
MEETING PROCEDURES AND MEMBER RESPONSIBILITIES
CONTINUED
• Will the action conflict with rules of the organization or public law?
• Does it state who is to do what, when and to what intended effect?
• Is it practical to do it?
4. When a topic is first introduced or a main motion is made, allow all questions for
information purposes to be asked before opening to debate.
5. Members who have a conflict of interest, or need to disclose exparte
communications must state all information BEFORE participating in discussion.
6. During the meeting, observe proper parliamentary etiquette. Remarks in debate
must be confined to the merits of the pending question. Unnecessary interruption
of Members or conversation with another Member during debate should be
avoided. All remarks should be made to or through the Chair. Members need to
really listen to what colleagues and the citizens have to say, and keep an open
mind.
7. Members needing information during debate must wait for recognition by the
Chair, and use a point of information.
8. Voting. Unless otherwise voiced, members vote will be recorded in the affirmative
of the motion being considered. Each member is required to vote if present, one
may only abstain when completing a Conflict of Interest Form 8B.
Additional Responsibilities for the Chair and Vice -Chair
The Chairperson of any board /committee is crucial to efficiently run meetings. The Chair
and Vice -Chair are chosen by direct election of the voting members in accordance with
the legislation governing that board /committee. If the Chair is absent, the Vice -Chair will
preside.
Chair and Vice -Chair of boards /committees have several important responsibilities,
which are essential to the effectiveness of the respective group, and include:
1. Should be knowledgeable about parliamentary procedure and the rules
governing the public body. After being elected they should know more about
parliamentary procedure than any other member in order to conduct meetings
in an efficient manner, focusing on the issues relevant to the functions and
mission.
2. Ensure compliance with the "Government in the Sunshine" laws.
3. Assist in orienting new members about the function, role and mission of the
board /committee.
5
Additional Responsibilities for the Chair and Vice -Chair Continued
4.
5.
6.
During the meeting, they should be fair, and impartial, tactful and courteous,
all the while exhibiting common sense.
Assist, during the meeting, in mediating conflicts or disputes between board/
committee members.
Subject to the rules of the governing body, there are certain things that the
Chair should always do, and likewise, things that the Chair never should do. A
partial list of tips follows:
Always: Never:
•Maintain order •Get Excited
•Provide strong leadership
•Remain impartial
-Be tactful
-Be fair
•Keep discussion on target
-Exercise good judgment
-Be unjust
-Allow members to have sidebars
-Be more technical than necessary
-Allow debate /remarks to wander
•Indicate personal feelings
•Take advantage of lack of knowledge
7 Making Motions. The Chair having voice in accordance with governing
documents may make motions or second motions; however, this is not the
best approach, as they will be required to step down, and pass the gavel for
the remainder of the meeting to the Vice Chair. The better approach is that
the Chair "entertains a motion." If the Chair feels strongly about an issue and
no other member seconds the motion, that action can also be taken by the
Chair. This should not, however, be a common occurrence.
8. Participate in Discussion. The Chair having voice in accordance with
governing documents may also speak in debate to any motion. This privilege
should be used after all other members and the public have exhausted their
rights in debate. In this way, the Chair maintains, as much as possible, the
appearance of impartiality.
9. Voting. Unless otherwise voiced, the vote for the Chair will be recorded in the
affirmative of the motion being considered. The Chair may vote to create a tie,
which thereby kills the motion on the floor.
10. Open the meeting at the appointed time, with or without a quorum. After
opening and having the Secretary take the roll, if there is not a quorum
present within 15 minutes following the scheduled advertised starting time,
the Chair can announce the absence of a quorum and adjourn the meeting.
11. Follow the agenda and announce in proper sequence the steps to take
action on each item.
6
Additional Responsibilities for the Chair and Vice -Chair Continued
12. Recognize members, staff or the public, who are entitled to the floor.
- Members and staff obtain the floor by being recognized by the Chair. They
do not have to rise, but rather signal the Chair that they wish to speak.
- The public obtains the floor by being recognized by the Chair at the podium,
stating their name for the official record.
- If a speaker is interrupted, the Chair should advise that individual they will be
recognized after the current speaker completes their comments.
13. State and put to vote all questions that legitimately come before the
assembly, protecting from frivolous or dilatory motions, and announce the
result of the vote by:
Step 1, Take special care to make sure that the members know at all times
what motion is being considered.
Step 2, After a motion is made and seconded, the Chair repeats the motion.
This places the motion before the assembly. Until that time, the motion
belongs only to the Member who made it, who may modify the motion or even
withdraw it.
Step 3, Do not allow members nor public to speak on an issue until there is a
second, unless stated by a Point of Order, Point of Information, or Point of
Personal Privilege.
Step 4, Regulate and facilitate discussion to ensure all viewpoints are
represented, giving each member or the public, the opportunity to express
their ideas and /or concerns on issues being considered.
- Enforce the rules relating to debate, and maintain civility during the
meeting.
- Discourage the repetition of arguments. Attempt to call on people who
have not yet spoken before those who have already spoken.
- Discourage dialogues that start up between two individuals in debate.
- If debate carries on too long, impose time limits on speakers.
- Discourage people from talking in initials, have them spell them out.
- Expedite business in every way compatible with the rights of members.
Step 5, After debate is concluded, the Chair puts the motion to a vote by
saying "The question is on the adoption of a motion to recommend ...." This
reminds the Members of the exact wording of the motion before the vote is
taken.
Step 6, CaII for the vote.
Step 7, After vote is taken, the Chair announces the result of the vote by
stating which side has it ( "The ayes have it" or "The nays have it "), whether it
7
was adopted or lost ( "The motion is adopted" or "The motion is lost "), the
effect of the action, and when appropriate, the next item of business.
14. Expedite business by suggesting that a motion could be made (by stating,
"The Chair will entertain a motion to recommend ...").
15. Respond to inquiries of members or the public relating to parliamentary
procedure or facts. Members, the public, or staff should address such
inquiries through a point of order, point of information or point of personal
privilege.
16. Declare the meeting adjourned under the following circumstances:
a. When the predetermined hour of adjournment has arrived; or
b. When it appears there is no further business; or
c. In the event of fire, riot, or other extreme emergency.
17. Authenticate all acts or orders. The Chair may be responsible for signing
official correspondence, approved minutes of meetings together with the City
Clerk and /or board /committee secretary. These responsibilities are subject to
the rules of the local body.
18. The Chair's ruling must be followed unless overruled by the board /committee,
or is contrary to City Ordinances, Resolutions, board /committee rules or other
established policy.
19. The Chair has not been given rights to Veto actions by the board /committee.
Ex- Parise Communications
Pursuant to §286.0115 Florida Statutes the City enacted Resolution No. 97 -5 which
removes'', the presumption of prejudice from ex -parte communications with local officials
(meaning elected or appointed) by establishing the following process to disclose such
communications:
1. 1 All disclosures must be made before final action on a matter is taken.
2. Any person may discuss, through any means of communication, orally or
written, with any Board /Committee Member the merits of any matter on which
action may be taken.
3. The Board /Committee Member must identify the person, group or entity with
whom the communication took place and it must be made part of the official
record.
4. If a written communication, the Board /Committee Member must provide the
original document to the Board /Committee Secretary and it must be made
part of the official record.
5. Board /Committee Members may conduct investigations, site visits and
receive expert opinions so long as the information obtained in the
investigation, visit or opinion is disclosed and made part of the public record.
8
Attendance, Removal and Resignation
To be effective all boards /committees must have regular attendance. The following
governs attendance at meetings, how members may be removed for neglect of duty,
resignations:
1. Board /Committee members are asked to regularly attend all meetings. Members
are responsible for notifying the Office of the City Clerk of a planned absence
prior to the meeting.
2. Members of a board /committee may be removed by a majority vote of the City
Council.
3. Resignations are to be submitted to the Office of the City Clerk. They are effective
the date of filing, unless otherwise noted.
a. The Clerk notifies the Mayor and Chair within 10 days of receiving notice.
b. Members are responsible for filing a Final Form 1F, Financial Disclosure
Form within 60 days of the date of resignation with the Supervisor of
Elections.
9
OKEECHOBEE IN THE SUNSHINE
Florida' Government in the Sunshine Law provides a right of access to governmental
procee ings at both the state and local levels. The law is equally applicable to elected
and ap ointed citizen boards /committees, and has been applied to any gathering of two
or mor members of the same board /committee to discuss some matter which will
forseea ly come before that board /committee for action. There are three basic
require ents of §286.011, F.S.:
1. eetings' of public boards /committees must be open to the public;
2. R asonable notice of such meetings must be given; and
3. Minutes of the meetings must be taken.
Even though a board /committee must submit their recommendations for review by an
elected body it does not exempt them from the provisions of this law.
Mee ings are defined as any gathering, whether formal or casual, of two or more Members of
the s me board /committee to discuss some matter on which foreseeable action will be taken by
the ublic board /committee or City Council. This rule extends to telephone conversations and e-
mail ommunication, and even instant messaging conversations, whether on personal or public
devi es.
Elected Officials, appointed members of boards /committees, and other positions must
remain aware of whom they are communicating with and what is being discussed. The
safest course of action is to avoid discussion about matters that will come before the
board /c6mmittee, with other members of your board /committee, except when attending
a meeting of that body.
Bottom] line — you cannot communicate any business with fellow CCAHC
Membets, or the City Council, that relates to or could relate to the Centennial,
outside of a convened advertised meeting. "Communicate" means one on one
conversations in person, on the phone, through another individual, by text
message, by social media, by emails, etc. This includes once the meeting is
convened. Do not discuss any issue between yourselves or with the Mayor or a
City Cojncil Member once the meeting is adjourned.
Review and Refer often to the 2014 Florida Commission on Ethics, Guide to the
Sunshine Amendment and Code of Ethics for Public Officers and Employees, and
Government in the Sunshine Manual.
PUBLIC INPUT AND PARTICIPATION
Citizen input on City programs and services are vital to ensuring their relevance,
efficiency and effectiveness to the community. Using citizen boards /committees on
various issues is an important way for the City to receive and consider citizen input. All
meetings of boards /committees must be open to the public, and public input is
required by State Law.
10
FINANCIAL DISCLOSURE FORMS
All Board /Committee Members are required by State Law to complete and file with the
County Supervisor of Elections, a Statement of Financial Interest Form 1 within 30 days
of appointment/election. You may obtain a form from the City Clerk's Office or the Ethics
Commission website, www.ethics.state.fl.us.
Thereafter, a form will be mailed to you by the County Supervisor of Elections, once a
year to complete. The form must be completed annually and returned to that Office by
the deadline. If the annual form is not filed by September 1st, a fine of $25 for each day
late will be imposed by the State Ethics Commission, up to a maximum penalty of
$1, 500.0. (§112.3145, Florida Statutes)
Upon resignation from the Board /Committee, State Law requires that a Member
complete and file a Statement of Financial Interest Form 1 (FINAL) within 60 days of the
date of the resignation.
A failure to make any required disclosure constitutes grounds for and may be punished
by one or more of the following: disqualification from being on the Board /Committee,
reprimand, or a civil penalty not exceeding $10,000. (§112.317, Florida Statutes)
11
CONFLICT OF INTEREST
General y, a conflict of interest exists when a board /committee member influences a
decision of the board /committee that will (or has the potential to) materially affect the
individu I's financial interest.
Questio
potentia
given.
s involving conflicts of interest are each unique unto themselves, and each
conflict must be considered individually in order for proper legal guidance to be
If a menpber of a board /committee finds that their personal interests are involved in the
matter homing before the board /committee, there are issues to resolve prior to
disqualifying themselves from participation.
Section 112.3143(3)(a), F.S., prohibits a county, municipal, or other local
public officer from voting on any measure which insures to his or her
special private gain or loss; which the officer knows would inure to the
special private gain or loss of any principal or parent organization or
subsidiary of a corporate principal, other than a public agency, by whom
he or she is retained; or which the officer knows would inure to the special
pri'iate gain or loss of a relative or business associate of the officer. An
exception exists for a commissioner of a community redevelopment
agency created or designated pursuant to s. 163.356, F.S., or s. 163.357,
F.$., or an officer of an independent special tax district elected on a one-
acre, one -vote basis. Section 112.3143(3)(b), F.S.
Florida aw requires that all persons appointed to boards /committees disclose any
financial interests they have by filing disclosure forms, and must abstain from
participating in any matters before their board /committee that may have an impact on
their financial interest. In effect, if a board /committee member does business with a
person or business coming before the board /committee, it is essential that the member
not participate in the proceedings, or the individual will be in violation of the law.
In addition, members of boards /committees are required to abstain from voting when a
conflict of interest is involved. This means that they may not vote on any matter
which may have an impact on themselves, a family Member, or someone who
retains their services.
12
CONFLICT OF INTEREST CONTINUED
When a person abstains from voting due to a conflict of interest, the individual must
complete FORM 8B and submit it to the City Clerk's Office within 15 days of the
abstention. The form must become a part of the official minutes of the meeting, and the
official minutes must reflect the purpose for abstaining and that the form is on file.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR
TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN:
1. You must complete and file Form 8B (before making any attempt to influence the
decision) with the person responsible for recording the minutes of the meeting,
who will incorporate the form in the minutes.
2. A copy of the form must be provided immediately to the other Members.
3. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY
DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before
participating.
• You must complete Form 8B and file it within 15 days after the vote occurs with the
person responsible for recording the minutes of the meeting, who must incorporate
the form in the minutes. A copy of the form must be provided immediately to the
other Members of the Board /Committee, and the form must be read publicly at the
next meeting after the form is filed.
NOTE: Do not misunderstand, abstaining from voting on an issue with a conflict, does
not resolve it. Depending on the type of conflict, there could be multiple steps to be
taken. Always notify the City Clerk with as much notice as possible when a conflict
arises, as the matter may need to be referred to the State Ethics Commission for
direction.
Review and Refer often to the 2014 Florida Commission on Ethics, Guide to the
Sunshine Amendment and Code of Ethics for Public Officers and Employees and
the Sunshine Manual.
13
PUBLIC RECORDS AND RETENTION
Pursuan to the Article I, Section 24 of the Florida Constitution, and Chapter 119 of the
Florida ',tatutes, a public agency (the City) must provide access to its records. The
definition of a public record is very broad. Section 119.011(11), F.S., defines "public
records" to include: all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the
physical (form, characteristics, or means of transmission, made or received pursuant to
law or ordinance or in connection with the transaction of official business by any
agency.
The City is required to provide the records upon request. In order to do this, all
Committee Members are required to maintain their records, notes, correspondences,
emails, text messages, etc., that would fall into the category of a public record defined
above.
Upon sunset of your term, all records will be required to be provided to the City
Clerk for retention, as the City's Records Liaison to the State Bureau of Records
and Archives.
14
'11\ 7_l -2.'Ott
APPENDIX TO THE HANDBOOK FOR
CENTENNIAL CELEBRATION AD Hoc COMMITTEE
EXCERPTS FROM THE
GOVERNMENT IN THE SUNSHINE MANUAL
Thb limited pages copied of this manual are to assist the CCAHC in
comrbiling with the Sunshine, Open Meetings, and Public Records Laws
The (334 page) Manual is available to download online at
http:/ /www.myfloridalegal.com /sun.nsf /sunmanual
Excerpt Pages Included in this Appendix:
i - xii Table of Contents
1
3
4
16
17
20 -22
35
42 -44
47 -58
136 -138
141
167 -169
172 -176
GOVERNMENT-IN- THE - SUNSHINE- MANUAL
A Public Policy of Open Government
INTRODUCTION
Upon learning that the delegates to the Constitutional Convention had begun the
proceedings by adopting a secrecy requirement, Thomas Jefferson decried their decision as an
"abominable precedent" and added: "Nothing can justify this example but the innocence of their
intentions, and ignorance of the value of public discussions."
Florida's constitution and laws unambiguously reflect the open government philosophy
underlying Jefferson's comments. In our state, transparency is not up to the whim or grace of
public officials. Instead, it is an enforceable right of the people.
The benefits of open government are frequently acknowledged - -- transparency promotes
accountability, aids the search for truth, and fosters consistency and fairness in governmental
decision making. Fortunately, though, Florida's laws do not require that open government
be justified by reference to these desirable consequences. We live in a state that values open
government for its own sake, and for that we should all be thankful.
This year's edition of the Government in the Sunshine Manual incorporates laws, judicial
decisions, and Attorney General opinions in place as of October 2013. Additional informa-
tion about Florida's Sunshine Laws, including answers to frequently asked questions, is available
through the Office of Attorney General's Internet homepage, which may be reached at
www. myfloridalegal.com.
Suggestions from those who use this Manual are welcome and appreciated. Please forward
comments to: Office of the Attorney General, The Capitol, PL -01, Tallahassee, Florida 32399.
Pam Bondi
Attorney General
1
GOVERNMENT -IN-TH E-SUNSHINE - MANUAL
Proprietary confidential business information provided to public electric utility for d
diligence review— Proprietary confidential business information, as defined in the exempt '. n,
that is held by an electric utility that is subject to Ch. 119, F.S., in connection with a due diligence
review of a project, as defined in the exemption, is confidential and exempt. Chapter -143,
Laws of Florida, creating s. 119.0713(4) (a), F.S.
Referrals to Ethics Commission— Written referrals to the Ethics Commiss ,n submitted
pursuant to s. 112.324(1)(b), ES., and records relating to such referrals he . by the Ethics
Commission, the Governor, the Department of Law Enforcement, or a to attorney, and
records relating to any preliminary investigation of such referrals held by e Commission, are
confidential and exempt except as provided in the exemption. Chapter 1 - -38, Laws of Florida,
amending s. 112.324, F.S.
School food and nutrition program applicants and partici , ants— Personal identifying
information of an applicant for or participant in a school food an utrition service program held
by the Departments of Agriculture and Consumer Services, Ch.: ren and Families, or Education
is exempt. Chapter 13 -217, Laws of Florida, creating s. 5 .409, F.S.
B. New or expanded public access legislation
Animal shelters and animal control agencies —Eac r public or private animal shelter, humane
organization or animal control agency shall prepa and maintain specified records and make
them available for public inspection and dissemi, Lion for the 3 preceding years. Chapter 13-
32, Laws of Florida, amending s. 823.15, ES
Contracts with public agencies— Public ency contracts for services must include a provision
that requires the contractor, as defined i the exemption, to comply with public records laws,
including retention and public access r- uirements. Chapter 13 -154, Laws of Florida, creating
s. 119.0701, F.S.
Ethics and open government t . fining requirement—All constitutional officers, as defined in
the statute, must complete 4 •urs of ethics training that includes the public records and public
meetings laws. Chapter 13 6, Laws of Florida, creating s. 112.3142, ES.
Online access to finan al disclosure forms — Beginning with the 2012 filing year, all full and
public disclosures of ancial interest filed with the Commission on Ethics pursuant to s. 8, Art.
II of the State Cons tution, or s. 112.3144, F.S., must be scanned and made publicly available
by the Commissi i through a searchable Internet database. Chapter 13 -36, Laws of Florida,
creating s. 112.- 1445, ES.
Online acc..s to state financial and salary information—The ""Transparency Florida Act"
provides f. online public access to specified information on state fiscal planning, salaries and
contract . Chapter 13 -54, Laws of Florida, amending s. 215.985, F.S.
Pub 'c participation— Subject to specified exceptions, the public must be given a reasonable
op ortunity to be heard before a board takes official action on a proposition. Chapter 13 -227,
ws of Florida, creating s. 286.0114, F.S.
PART I
GOVERNMENT IN THE SUNSHINE LAW
A. WHAT IS THE SCOPE OF THE SUNSHINE LAW?
Florida's Government in the Sunshine Law, s. 286.011, F.S., commonly referred to as
the Sunshine Law, provides a right of access to governmental proceedings of public boards or
3
GOVERNMENT - IN-THE- SUNSHINE- MANUAL
commissions at both the state and local levels. The law is equally applicable to elected and
appointed boards, and applies to any gathering of two or more members of the same board to
discuss some matter which will foreseeably come before that board for action. Members -elect to
such boards or commissions are also subject to the Sunshine Law, even though they have not yet
taken office. There are three basic requirements ors. 286.011, F.S.:
(1) meetings of public boards or commissions must be open to the public;
(2) reasonable notice of such meetings must be given; and
(3) minutes of the meetings must be taken and promptly recorded.
The cc rnplete text of the Government in the Sunshine Law and related statutes may be
foun in Appendix B.
A constitutional right of access to meetings of collegial public bodies is recognized in
Art. I, s. 24, Fla. Const. See Frankenmuth Mutual Insurance Company v. Magaha, 769 So. 2d
1012, 1021 (Fla. 2000), noting that the Sunshine Law "is of both constitutional and statutory
dimension." Virtually all collegial public bodies are covered by the open meetings mandate of
this constitutional provision with the exception of the judiciary and the state Legislature, which
has it4 own constitutional provision requiring access. 'The only exceptions are those established
by Iavr or by the Constitution. The complete text of Art. I, s. 24, Fla. Const., may be found in
Appendix A of this manual.
B. WHAT AGENCIES ARE COVERED BY THE SUNSHINE LAW?
1. Are all public agencies subject to the Sunshine Law?
The Government in the Sunshine Law applies to "any board or commission of any state
agency or authority or of any agency or authority of any county, municipal corporation, or
political subdivision." The statute thus applies to public collegial bodies within this state, at
the local as well as state level. City of Miami Beach v. Berns, 245 So. 2d 38 (Fla. 1971). "All
governmental entities in Florida are subject to the requirements of the Sunshine Law unless
specifically exempted." Sarasota Citizens for Responsible Government v. City of Sarasota, 48 So. 3d
755, 762 (Fla. 2010).
The Sunshine Law is equally applicable to elected and appointed boards or commissions.
AGO 73 -223. Special district boards (AGO 74 -169) and boards created by interlocal agreement
(AGO 84 -16) are also included. And see Inf. Op. to Martelli, July 20, 2009 (State Fair Authority,
created by statute as a public corporation, subject to Sunshine Law). Cf. Turner v. Wainwright,
379 S . 2d 148, 155 (Fla. 1st DCA 1980), affirmed and remanded, 389 So. 2d 1181 (Fla. 1980)
(legislative requirement that certain board meetings must be open to the public does not imply
that the board could meet privately to discuss other matters).
2. Are advisory boards which make recommendations or committees established only
for fact- finding subject to the Sunshine Law?
a. Publicly created advisory boards which make recommendations
Advisory boards and committees created by public agencies may be subject to the Sunshine
Law, Oven though their recommendations are not binding upon the entities that create them.
The "dispositive question" is whether the committee has been delegated "decision - making
autho(ity," as opposed to mere "information- gathering or fact- finding authority." Sarasota
Citizens for Responsible Government v. City of Sarasota, 48 So. 3d 755, 762 (Fla. 2010). "Where
the committee has been delegated decision - making authority, the committee's meetings must be
open to public scrutiny, regardless of the review procedures eventually used by the traditional
governmental body." Id.
For example, in Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974), a citizen
planning committee appointed by a city council to assist in revision of zoning ordinances was
found to be subject to the Sunshine Law. The Gradison court, concluding that the committee
served as the alter ego of the council in making tentative decisions, stated that "any committee
established by the Town Council to act in any type of advisory capacity would be subject to
4
GOVERNMENT -IN -THE- SUNSHINE- MANUAL
their First Amendment right to publicly discuss knowledge that they have obtained indepenc
of court documents even though the information may mirror the information contain-' court
documents ").
(7) Victim and witness testimony in certain circumstances: Exce rovided in s. 918.16(2),
F.S., if any person under 16 years of age or any person with a. tellectual disability is testifying
in any civil or criminal trial concerning any sex offe t e judge shall clear the courtroom,
except for listed individuals. Section 918.16(1 . ". If the victim of a sex offense is testifying
concerning that offense, the court shall cl t e courtroom, except for listed individuals, upon
request of the victim, regardless oft _ rctim's age or mental capacity. Section 918.16(2), F.S. Cf.
Pritchett v. State, 566So. 2d 6 a. 2d DCA), review denied, 570 So. 2d 1306 (Fla. 1990) (where
a trial court failed to ma any findings to justify closure, application of s. 918.16, F.S., to the trial
of a defendant cha with capital sexual battery violates the defendant's constitutional right to
a public trial ccord Kovaleski v. State, 854 So. 2d 282 (Fla. 4th DCA 2003), cause dismissed,
860 So. o 978 (Fla. 2003).
a more complete listing of statutory exemptions, please see Appendix D and the Index.
C. DOES THE SUNSHINE LAW APPLY TO TELEPHONE, ELECTRONIC, OR
WRITTEN COMMUNICATIONS BETWEEN BOARD MEMBERS?
1. Application of the Sunshine Law to telephone conversations, written correspondence,
and electronic communications media
a. Telephone conversations
Private telephone conversations between board members to discuss matters which
foreseeably will come before that board for action violate the Sunshine Law. See State v. Childers,
No. 02- 21939 -MMC; 02- 21940 -MMB (Escambia Co. Ct. June 5, 2003), per curiam affirmed,
886 So. 2d 229 (Fla. 1st DCA 2004) (private telephone conversation during which two county
commissioners and the supervisor of elections discussed redistricting violated the Sunshine Law).
b. Written correspondence, e- mails, texts, and other electronic communications
The Sunshine Law requires boards to meet in public; boards may not rake action on or
engage in private discussions of board business via written correspondence, e- mails, text messages
or other electronic communications. See AGO 89 -39 (members of a public board may not use
computers to conduct private discussions among themselves about board business).
Similarly, city commissioners may not use an electronic newsletter to communicate among
themselves on issues that foreseeably may come before the commission. Inf. Op. to Syrkus,
October 31, 2000. And see AGO 09 -19 (members of a city board or commission may not
engage on the city's Facebook page in an exchange or discussion of matters that foreseeably will
come before the board or commission for official action); and Inf. Op. to Martelli, July 20,
2009 (authority should discuss business at publicly noticed meetings "rather than in a series of
letters between authority members "). Cf. Inf. Op. to Galaydick, October 19, 1995 (school board
members may share laptop computer even though computer's hard drive contains information
reflecting ideas of an individual member as long as computer is not being used as a means of
communication between members).
Thus, a procedure whereby a board takes official action by circulating a memorandum for
each board member to sign whether the board member approves or disapproves of a particular
issue, violates the Sunshine Law. Inf. Op. to Blair, May 29, 1973. And see Leach -Wells v. City
of Bradenton, 734 So. 2d 1168, 1171 (Fla. 2d DCA 1999) (selection committee created by city
council to evaluate proposals violated the Sunshine Law when the city clerk unilaterally ranked
the proposals based on the committee members' individual written evaluations; the court held
that "the short- listing was formal action that was required to be taken at a public meeting "); and
AGO 93 -90 (board not authorized to use employee evaluation procedure whereby individual
board members send their individual written comments to the board chair for compilation and
subsequent private discussion with the employee).
16
GOVERNMENT -IN- THE - SUNSHINE-MANUAL
However, a commissioner may send a written report to other commissioners on a subject
that will be discussed at a public meeting without violating the Sunshine Law, if prior to the
meeting, there is no interaction related to the report among the commissioners and the report,
which must be maintained as a public record, is not being used as a substitute for action at a
public meeting. AGO 89 -23. And see AGO 01 -20 (e -mail communication of information from
on council member to another is a public record but does not constitute a meeting subject
to he Sunshine Law when it does not result in the exchange of council members' comments
or esponses on subjects involving foreseeable action by the council). Cf. Inf. Op. to Kessler,
Ndvember 14, 2007 (procedural rule requiring county commissioner to make a written request
to commission chair to withdraw an item from the consent agenda does not violate the Sunshine
Law) .
If, on the other hand, the report is circulated among board tnembers for comments with
such comments being provided to other members, there is interaction among the board members
which is subject to s. 286.011, F.S. AGO 90 -03. See also AGO 96 -35 (school board member may
prepare and circulate informational memorandum or position paper to other board members;
however, use of a memorandum to solicit comments from other board members or the circulation
of responsive memoranda by other board members would violate the Sunshine Law.
In addition, the Attorney General's Office has expressed concern that a process whereby
board members distribute their own position papers on the same subject to other members is
"prp blematical" and should be discouraged. See AGO 01 -21 (city council's discussions and
deliberations on matters coming before the council must occur at a duly noticed city council
meeting and the circulation of position statements must not be used to circumvent the
requirements of the statute). Accord AGO 07 -35. And see AGO 08 -07 (city commissioner
may post comment regarding city business on blog or message boarci; however, any subsequent
postings by other commissioners on the subject of the initial posting could be construed as
a r sponse subject to the Sunshine Law); and Inf. Op. to Jove, January 22, 2009 (posting of
anticipated vote on blog).
2. Authorization to conduct public meetings via telephone, video conferencii
computer, or other electronic media
a. State boards
In AGO 98 -28, the Attorney General's w "ce °concluded that s. 120.54(5)(b)2., F.S.,
authorizes state agencies to conduct meetings via electronic means provided that the boarci
complies with uniform - o procedure adopted by the state Administration Commission.
These rules notice requirements and procedures for providing points of access for the
ee Rule 28 -109, F.A.C.
b. Local boards
(1) Meetings
As to local boards, the Attorney General's Office has noted that the authorization in s.
120.54(5)(b)2., to conduct meetings entirely through the use of communications media
technology applies only to state agencies. AGO 98 -28. Thus, since s. 1001.372(2)(b), ES.,
requires a district school board to hold its meetings at a "public place in the county," a quorum
of the board must be physically present at the meeting of the school boarci. Id. And see AGOs
09 -56 (where a quorum is required and absent a statute to the contrary, the requisite number
of members must be physically present at a meeting in order to constitute a quorum), and 10-
34 (city may not adopt an ordinance allowing members of a city boarci to appear by electronic
means to constitute a quorum). Cf. s. 163.01(18), ES., authorizing certain entities created by
interlocal agreement to conduct public meetings and workshops by means of communications
media technology.
However, if a quorum of a local board is physically present, "the participation of an absent
member by telephone conference or other interactive electronic technology is permissible when
such absence is due to extraordinary circumstances such as illness[;) ... [wjhether the absence
17
(1K
GOVERNMENT -IN- THE - SUNSHINE - MANUAL
not violate the Sunshine Law).
"Thus, the applicability of the Sunshine Law relates to the discussions of a single individual
who has been delegated decision - making authority on behalf of a board or commission. If the
individual, rather than the board, is vested by law, charter or ordinance with the authority to
take action, such discussions are not subject to s. 286.011, F.S. See City of Sunrise v. News and
Sun - Sentinel Company, 542 So. 2d 1354 (Fla. 4th DCA 1989) (since the mayor was responsible
under the city charter for disciplining city employees and since the mayor was not a board or
commission and was not acting for a board, meetings between the mayor and a city employee
concerning the employee's duties were not subject to s. 286.011, F.S.). Cf. AGO 13 -14 (where
contract terms regarding the police chief's employment have been discussed and approved at a
public city commission meeting, Sunshine Law does not require that the written employment
contract drafted by the town attorney as directed by the cornmission be subsequently presented
to and approved at another commission meeting).
2. Use of nonboard members or staff to act as liaisons or to conduct a de facto tneeting
of the board
As a general rule, individual board members "may call upon staff members for factual
information and advice without being subject to the Sunshine Law's requirements." Sarasota
Citizens for Responsible Government v. City of Sarasota, 48 So. 3d 755, 764 (Fla. 2010). And see
AGO 81 -42 (the fact that a city council member has expressed his or her views or voting intent
on an upcoming matter to a news reporter prior to the scheduled public meeting does not violate
the Sunshine Law so long as the reporter is not being used by the member as an intermediary in
order to circumvent the requirements of s. 286.011, ES.).
However, the Sunshine Law is applicable to meetings between a board member and an
individual who is not a board member when that individual is being used as a liaison between,
or to conduct a de facto meeting of, board members. See AGO 74 -47 (city manager is not a
member of the city council and thus may meet with individual council members; however, the
manager may not act as a liaison for board members by circulating information and thoughts of
individual council members). See also Inf Op. to Goren, October 28, 2009 (while individual city
commissioners may seek advice or information from staff, city should be cognizant of the potential
that commissioners seeking clarification by follow -up with staff with staff responses provided to
all commissioners could be considered to be a de facto meeting of the commissioners by using
staff as a conduit between commissioners). Compare Sarasota Citizens for Responsible Government
v. City of Sarasota, supra at 765 (private staff meetings with individual county commissioners
in preparation for a public hearing on a proposed memorandum of understanding [MOU] did
not violate the Sunshine Law because the meetings were "informational briefings regarding the
contents of the MOU" and "[t]here is no evidence that [county] staff communicated what any
commissioner said to any other commissioner ").
Therefore, a city manager should refrain from asking each commissioner to state his or
her position on a specific matter which will foreseeably be considered by the commission at a
public meeting in order to provide the information to the members of the commission. AGO
89 -23. See also AGO 75 -59 (director should refrain from calling each member of the board
separately and asking each member to state his or her position on a matter which will foreseeably
be presented for consideration to the entire board in open session).
Additionally, in Blackford v. School Board of Orange County, 375 So. 2d 578 (Fla. 5th
DCA 1979), the court held that a series of scheduled successive meetings between the school
superintendent and individual members of the school board were subject to the Sunshine
Law. While normally meetings between the school superintendent and an individual school
board member would not be subject to s. 286.011, F.S., these meetings were held in "rapid --
fire succession" in order to avoid a public airing of a controversial redistricting problem. Thus,
even though the superintendent was "adamant that he did not act as a go- between during these
discussions and [denied] that he told any one board member the opinions of the others" the
one -to -one meetings amounted to a de facto meeting of the school board in violation of s.
20
GOVERNMENT -IN -THE- SUNSHINE- MANUAL
286.011, F.S. Id. at 580. See also State v. Foster, 12 F.L.W. Supp. 1194a (Fla. Broward Co. Ct.
September 26, 2005), in which the court rejected the argument that the Sunshine Law permitted
city commissioners to attend a private breakfast meeting at which the sheriff spoke and the
commissioners individually questioned the sheriff but did not direct comments or questions
to each other. The court denied the commissioners' motion for summary judgment and ruled
that the discussion should have been held in the Sunshine because the sheriff was a "common
facilitator" who received comments from each commissioner in front of the other commissioners.
Similarly, in Citizens for a Better Royal Palm Beach, Inc. v. Village of Royal Palm Beach, No.
CII 9114417 AA (Fla. 15th Cir. Ct. May 14, 1992), the court invalidated a contract for the sale
of municipal property when it determined that after the proposal to sell the property which had
been discussed and approved at a public meeting collapsed, the city manager met individually
with council members and from those discussions the property was sold to another group. The
circuit court found that these meetings resulted in a substantial change in the terms of sale
and that the execution of the contract, therefore, violated the Sunshine Law. See also Sentinel
Communications Company v. School Board of Osceola County, No. CI92 -0045 (Fla. 9th Cir. Ct.
April 3, 1992) (series of private meetings between school superintendent and individual school
board members to consider staff recommendations concerning administrative structure of the
school system and to privately address any of the board's concerns, should have been held in the
sunshine; while individual board members are not prohibited from meeting privately with staff
or the superintendent for informational purposes or on an ad hoc basis, the Sunshine Law "shall
be construed to prohibit the scheduling of a series of such meetings which concern a specific
agenda "); and AGO 93 -90 (board that is responsible for assessing the performance of its chief
executive officer [CEO] should not use a review procedure in which individual board members
evaluate the CEO's performance and send their individual written comments to the board chair
for compilation and subsequent discussion with the CEO).
Not all decisions taken by staff, however, need to be made or approved by a board. Thus,
the district court concluded in Florida Parole and Probation Commission v. Thomas, 364 So. 2d
480 (Fla. 1st DCA 1978), that the decision to appeal made by legal counsel to a public board
after discussions between the legal staff and individual members of the board was not subject to
the Sunshine Law. And see Inf. Op. to Biasco, July 2, 1997 (administrative officers or staff who
serve public boards should not poll board members on issues which will foreseeably come before
the board although an administrative officer is not precluded from contacting individual board
members for their views on a matter when the officer, and not the board, has been vested with
the authority to take action).
E. WHAT TYPES OF DISCUSSIONS ARE COVERED BY THE SUNSHINE LAW?
This section discusses the application of the Sunshine Law to various proceedings of public
boards and commissions. Many, but not all, of the statutory exemptions for particular meetings
are also referenced. For a more complete listing of statutory exemptions, please refer to Appendix
C end D, and the Index.
1. Informal discussions, workshops, organizational sessions, election of officers
The Sunshine Law extends to the discussions and deliberations as well as the formal action
taken by a public board or commission. There is no requirement that a quorum be present or
that an item be listed on a board agenda in order for a meeting of members of a public board
or commission to be subject to s. 286.011, F.S. As the Florida Supreme Court said, "collective
inquiry and discussion stages" are embraced within the terms of the statute. Town of Palm Beach
v. Gradison, 296 So. 2d 474, 477 (Fla. 1974).
Accordingly, the law 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. Sarasota Citizens for Responsible
Government v. City of Sarasota, 48 So. 3d 755, 764 (Fla. 2010). And see City of Miami Beach v.
Berns, 245 So. 2d 38 (Fla. 1971); and Board of Instruction of Broward County v. Doran, 224
So. 2d 693 (Fla. 1969).
21
GOVERNMENT- IN-THE-SUNSHINE-MANUAL
It is the how and the why officials decided to so act which interests the public, not merely
the final decision. As the court recognized in Times Publishing Company v. Williams, 222 So.
2d 470, 473 (Fla. 2d DCA 1969), disapproved in part on other grounds, Neu v. Miami Herald
Publishing Company, 462 So. 2d 821 (Fla. 1985):
Every thought, as well as every affirmative act, of a public official as it relates to
and is within the scope of his official duties, is a matter of public concern; and it
is the entire decision- making process that the legislature intended to affect by the
enactment of the statute before us.
Thus, two members of a civil service board violated the Sunshine Law when they held
a private discussion about a pending employment appeal during a recess of a board rneeting.
Citizens for Sunshine, Inc. v. City of Sarasota, No. 2010CA4387NC (Fla. 12th Cir. Ct. February
27, 2012). Similarly, the Attorney General's Office advised that the following gatherings are
subject to the Sunshine Law: a public forum hosted by a city council member with city council
members invited to attend and participate in the discussion, Inf. to Jove, January 12, 2009;
"executive work sessions" held by a board of commissioners of a housing authority to discuss
policy matters, AGO 76 -102; "workshop meetings" of a planning and zoning commission, AGO
74 -94; and "conference sessions" held by a town council before its regular meetings, AGO 74-
62. Cf. AGO 04 -58 ( "coincidental unscheduled meeting of two or more county commissioners
to discuss emergency issues with staff" during a declared state of emergency is not subject to s.
286.011 if the issues do not require action by the county commission); and Inf. Op. to Spencer,
April 23, 2003 (where city charter provides that special meeting of the council may be called
by three members of the council, Sunshine Law is not violated if three members call a special
meeting; "[tjhe mernbers must, however, be mindful not to discuss substantive issues which may
come before the council in their consideration of whether a special meeting is necessary ").
Similarly, the Sunshine Law applies to an organizational session of a board. Ruff v. School
Board of Collier County, 426 So. 2d 1015 (Fla. 2d DCA 1983). Discussions between two
members of a three - member complaint review board regarding their selection of a third member
are subject to s. 286.011, ES. AGO 93 -79. Additionally, the Sunshine Law is applicable to
meetings held to elect officers of the board. AGOs 72 -326 and 71 -32 (boards may not use secret
ballots to elect officers).
The Sunshine Law is, therefore, applicable to all functions of covered boards and
commissions, whether formal or informal, which relate to the affairs and duties of the board
or commission. "[T]he Sunshine Law does not provide that cases be treated differently based
upon their level of public importance." Monroe County v. Pigeon Key Historical Park, Inc., 647
So. 2d 857, 868 (Fla. 3d DCA 1994). See, e.g., Inf. Op. to Nelson, May 19, 1980 (meeting
with congressman and city council members to discuss "federal budgetary matters which vitally
concern their communities" should be held in the sunshine because "it appears extremely likely
that discussion of public business by the council members [and perhaps decision making] will
take place at the meeting ").
2. Fact- finding or inspection trips
'The Sunshine Law does not prohibit advisory boards from conducting inspection trips
provided that the board members do not discuss matters which may come before the board for
official action. See Bigelow v. Howze, 291 So. 2d 645 (Fla. 2d DCA 1974); and AGO 02 -24 (two
or more members of an advisory group created by a city code to make recommendations to the
city council or planning commission on proposed development may conduct vegetation surveys
without subjecting themselves to the requirements of the Sunshine Law, provided that they do
not discuss among themselves any recommendations or comments the committee may make).
The "fact- finding exception" to the Sunshine Law, however, does not apply to a board with
"ultimate decision - making authority." See Finch v. Seminole County School Board, 995 So. 2d
1068 (Fla. 5th DCA 2008), holding that a district school board, as the ultimate decision making
body, violated the Sunshine Law when the board, together with school officials and members
of the media, took a bus tour of neighborhoods affected by the board's proposed rezoning even
22
GOVERNMENT-IN- THE-SUNSHINE- MANUAL
effort to satisfy the spirit of the Sunshine Law," the opinion also recommended that the published
notice of the county board "include mention of the anticipated attendance and participation of
county commission members in board proceedings." Id.
b. Board members attending meetings of another public board
Several Attorney General Opinions have considered whether one or more members of a
bo rd may attend or participate in a meeting of another public board. For example, in AGO 99-
55 the Attorney General's Office said that a school board member could attend and participate
in he meeting of an advisory committee appointed by the school board without prior notice of
his or her attendance. However, the opinion cautioned that "if it is known that two or more
members of the school board are planning to attend and participate, it would be advisable to note
their attendance in the advisory committee meeting notice."
Moreover, while recognizing that commissioners may attend meetings of a second public
board and comment on agenda items that may subsequently come before the commission for final
act on, the Attorney General Opinions have also advised that if more than one "commissioner is
in 4ttendance at such a meeting, no discussion or debate may take place among the commissioners
on those issues.' AGO 00 -68. Accord AGO 98 -79 (city commissioner may attend a public
community development board meeting held to consider a proposed city ordinance and express
his or her views on the proposed ordinance even though other city commissioners may be in
attendance; however, the city commissioners in attendance may not engage in a discussion or
debate among themselves because "the city commission's discussions and deliberations on the
proposed ordinance must occur at a duly noticed city commission meeting "). See also AGOs
05 -59 and 77 -138.
7. Staff and public officials also serving as members of public boards
In some cases, staff members or public officials also serve as members of public boards.
If so, discussions between those board members that involve matters which foreseeably could
come before the board must be held in the Sunshine. For example, a 1993 Attorney General
Opinion concluded that communications between the sheriff and the state attorney, as members
of tf he county's criminal justice commission, would be subject to the Sunshine Law when such
discussions involve matters which foreseeably would come before the commission. AGO 93 -41.
Cf. AGO 11 -04, noting that if the state attorney and sheriff elect to appoint individuals to serve
on a county criminal justice commission in the place of each officer, as authorized by county
ord nonce, neither the state attorney nor the sheriff would be a member of the commission so
as o make these communications subject to the Sunshine Law. See now, s. 286.01141, F.S.
(20113), creating a Sunshine Law exemption for that portion of a meeting of a duly constituted
local advisory criminal justice commission at which members of the commission discuss active
criminal intelligence or investigative information that is currently being considered by or which
ma' foreseeably come before the commission, provided that public disclosure of the discussion is
made at any public meeting of the commission at which the matter is being considered.
However, the Sunshine Law is applicable only to discussions of matters which may
foreseeably come before the board. For example, the Sunshine Law would not apply to meetings
between the mayor and city commissioners where a mayor performs the duties of city manager
and the city commissioners individually serve as the head of a city department when the meeting is
held solely by these officers in their capacity as department heads for the purpose of coordinating
administrative and operational matters between executive departments of city government for
which no formal action by the governing body is required or contemplated. Those matters which
normally come before, or should come before, the city commission for discussion or action,
hov{'ever, must not be discussed at such meetings. AGO 81 -88. Accord AGOs 83 -70 and 75-
210 (mayor may discuss matters with individual city council member which concern his or her
acIniinistrative functions and would not come before the council for consideration and further
action).
Similarly, the Sunshine Law would not apply to a school faculty meeting simply because
two or more members of school advisory council who are also faculty members attend the faculty
35
GOVERNMENT- IN- TI- IE-SUNSHINE- MANUAL
Supp. 8 (S.D. Iowa 1971); and Southwestern Newspapers Corporation v. Curtis, 584 S.W.2d 362
(Tex. Ct. App. 1979).
(4) Cameras and tape recorders
A board or commission may adopt reasonable rules and policies which enst e orderly
conduct of a public meeting and require orderly behavior on the part of tl •: persons attending
a public meeting. A board, however, may not ban the use of no ruptive recording devices.
Pinellas County School Board v. Suncam, Inc., 829 So. 2d 98 a. 2d DCA 2002) (school board's
ban on unobtrusive videotaping invalid). Accord . • 91 -28. And see AGO 77 -122 (silent
nondisruptive tape recording of district meetit • ermissible).
The Legislature in Ch. 934, ES
record public meetings. AGO
regulates the interceptio
"[o]ral cornmunic
public meet
may n
9
pears to implicitly recognize the public's right to silently
8. Chapter 934, ES., the Security of Communications Act,
oral communications. Section 934.02(2), F.S., however, defines
to specifically exclude "any public oral communication uttered at a
See also Inf Op. to Gerstein, July 16, 1976, stating that public officials
omplain that they are secretly being recorded during public meetings in violation of s.
3, ES.
b Public participation
Prior to the adoption of s. 286.0114, ES. (2013), Florida courts had determined that
s. 286.011, F.S., provides a right to attend public meetings, but does not provide a right to be
heard. See Herrin v. City of Deltona, 38 F.L.W. D 1767 (Fla. 5th DCA August 16, 2013) (phrase
"open to the public" as used in s. 286.011, F.S., means that "meetings must be properly noticed
and reasonably accessible to the public, not that the public has the right to be heard at such
meetings "). See also Keesler v. Community Maritime Park Associates, Inc., 32 So. 3d 659 (Fla. 1st
DCA 2010), review denied, 47 So. 3d 1289 (Fla. 2010); and Grapski v. City of Alachua, 31 So. 3d
193 (Fla. 1st DCA 2010), review denied, 47 So. 3d 1288 (Fla. 2010).
However, as the court observed in Herrin, s. 286.01 14(2), F.S., now mandates that
"[mjernbers of the public shall be given a reasonable opportunity to be heard on a proposition
before a board or commission." The opportunity to be heard does not have to occur at the
sane meeting at which the board or commission takes official action if the opportunity "occurs
at a meeting that is during the decisiontnaking process and is within reasonable proximity in
time before the meeting at which the board or commission takes the official action." Section
286.0114(2), F.S.
Section 286.0114(3), ES., states that the "opportunity to be heard" requirement does not
apply to:
1) An official act that must be taken to deal with an emergency situation affecting
the public health, welfare, or safety, if compliance with the requirements would
cause an unreasonable delay in the ability of the board or commission to act;
2) An official act involving no more than a ministerial act, including, but not
limited to, approval of minutes and ceremonial proclamations;
3) A meeting that is exempt from s. 286.011; or
4) A meeting during which the board or commission is acting in a quasi - judicial
capacity. 1- however, this does not affect "the right of a person to be heard as otherwise
provided by law."
The statute does not prohibit a board or commission from "maintaining orderly conduct
or proper decorum in a public meeting." Section 286.0114(2), F.S. In addition, the opportunity
to be heard is "subject to rules or policies adopted by the board or commission" as provided in s.
286.0114(4), F.S. These rules or policies are limited to those that:
1) Provide guidelines regarding the amount of time an individual has to address the
board or commission;
42
GOVERNMENT - IN-THE- SUNSHINE - MANUAL
2) Prescribe procedures for allowing representatives of groups or factions on a
proposition to address the board or commission, rather than all members of such
groups or factions, at meetings in which a large number of individuals wish to be
heard;
3) Prescribe procedures or forms for an individual to use in order to inform
the board or commission of a desire to be heard; to indicate his or her support,
opposition, or neutrality on a proposition; and to indicate his or her designation of
a representative to speak for him or her or his or her group on a proposition if he
or she so chooses; or
4) Designate a specified period of time for public comment.
If a board or commission adopts such rules or policies and thereafter complies with them,
it is deemed to be acting in compliance with the statute. Section 286.0114(5), ES. And see Jones
v. Heyman, 888 F.2d 1328, 1333 (1 1th Cir. 1989) (mayor's actions in attempting to confine
the speaker to the agenda item in the city commission meeting and having the speaker removed
when the speaker appeared to become disruptive constituted a reasonable time, place and manner
regulation and did not violate the speaker's First Amendment rights), and McCray v. Frankel, No.
12 +81096- CIV- Middlebrooks /Brannon (S.D. Fla. June 6, 2013) ( "As made clear in cases like . .
. Jones, speech at public fora can be restricted without violating the First Amendment ").
A circuit court is authorized to issue injunctions for the purpose of enforcing s. 286.01 14,
ES Section 286.0114(6), F.S. However, an action taken by a board or commission which is
found to be in violation of that statute is not void as a result of the violation. Section 286.0114(8),
ESL
6. May the members of a public board use codes or preassigned numbers in order to
avoid identifying individuals?
Section 286.011, ES., requires that meetings of public boards or commissions be "open
to the public at all times ...." See Neu v. Miami Herald Publishing Company, 462 So. 2d 821,
823 (Fla. 1985), disapproving a procedure permitting representatives of the media to attend a
cit)' council meeting provided that they agreed to "respect the confidentiality" of certain matters:
"Udder the Sunshine Law, a meeting is either fully open or fully closed; there are no intermediate
categories."
The use of preassigned numbers or codes at public meetings to avoid identifying the
names of applicants violates s. 286.011, ES., because "to permit discussions of applicants for the
position of a municipal department head by a preassigned number or other coded identification
in hrder to keep the public from knowing the identities of such applicants and to exclude the
public from the appointive or selection process would clearly frustrate or defeat the purpose of
the Sunshine Law." AGO 77 -48. Accord AGO 76 -240 (Sunshine Law prohibits the use of coded
syn bols at a public meeting in order to avoid revealing the names of applicants For the position of
cit manager). And see News -Press Publishing Company v. Wisher, 345 So. 2c1 646, 648 (Fla. 1977)
( "public policy of this state as expressed in the public records law and the open meetings statute
elit 1inate any notion that the commission was free to conduct the county's personnel business by
pse0donyms or cloaked references ").
7. May members of a public board vote by written or secret ballot?
A secret ballot violates the Sunshine Law. See AGO 73 -264 (members of a personnel board
ma' not vote by secret ballot during a hearing concerning a public employee). Accord AGOs 72-
32 and 71 -32 (board may not use secret ballots to elect the chair and other officers of the board).
However, board members are not prohibited from using written ballots to cast a vote as
long as the votes are made openly at a public meeting, the name of the person who voted and his
or her selection are written on the ballot, and the ballots are maintained and made available for
public inspection in accordance with the Public Records Act. See AGO 73 -344. In addition,
bcctiuse the Sunshine Law expressly requires that public meetings be open to the public "at all
43
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
times," after the ballots are marked, it may be advisable for the person who tallies the votes to
announce the names of the persons who voted and their votes. See AGO 71 -32 (if at any time
during a public meeting, the proceedings become "covert, secret or not wholly exposed to the
view and hearing of the public," that portion of the meeting is not "open to the public at all
times ").
8. May board members cast proxy votes?
In the absence of statutory authority, proxy voting by board members is not allowed. AGO
78 -117.
9. Are board members authorized to abstain frotn voting?
Section 286.012, F.S., provides:
No member of any state, county or municipal governmental board, commission, or
agency who is present at any meeting daily such body at which an official decision,
ruling, or other official act is to be taken or adopted may abstain from voting ... a
vote shall be recorded or counted for each such member present, except when, with
respect to any such member, there is, or appears to be, a possible conflict of interest
under ... s. 112.311, s. 112.313, or s. 112.3143, [ES.). (e.s.)
A member of a state, county or municipal board who is present at a meeting is thus
prohibited from abstaining from voting unless there is, or appears to be, a possible conflict of
interest under ss. 112.311, 112.313 or 112.3143, F.S., of the Code of Ethics for Public Officers
and Employees. See AGO 02 -40 (s. 286.012, F.S., applies to advisory board appointed by a
county commission).
Failure of a member to vote, however, does not invalidate the entire proceedings. City of
Hallandale v. Rayel Corporation, 313 So. 2d 113 (Fla. 4th DCA 1975), cause dismissed sua sponte,
322 So. 2d 915 (Fla. 1975) (to rule otherwise would permit any rnernber to frustrate official
action merely by refusing to participate).
Section 286.012, F.S., applies only to state, county and municipal boards. AGO 04 -21.
Special district boards are not subject to its provisions and may adopt their own rules regarding
abstention, subject to s. 112.3143, F.S. AGOs 04 -21, 85 -78 and 78-11.
Questions as to what constitutes a conflict of interest and when board members are
prohibited from voting under the above statutes should be referred to the Florida Commission
on Ethics.
10. Is a roll call vote required?
While s. 286.012, F.S., requires that each member present cast a vote either for or against
the proposal under consideration by the public board or commission, it is not necessary that a
roll call vote of the members present and voting be taken so that each member's specific vote on
each subject is recorded. the intent of the statute is that all members present cast a vote and that
the minutes so reflect that by either recording a vote or counting a vote for each member. Ruffu
School Board of Collier County, 426 So. 2d 1015 (Fla. 2d DCA 1983) (roll call vote so as to record
the individual vote of each such member is not necessary). Cf. s. 20.052(5)(c), ES., requiring
that minutes, including a record of all votes cast, be maintained for all meetings of an advisory
body, commission, board of trustees, or other collegial body adjunct to an executive agency.
11. Must written minutes be kept of all sunshine meetings, including workshops?
a. Scope of minutes requirement
Section 286.011(2), F.S., requires that minutes of a meeting ofa public board or commission
be promptly recorded and open to public inspection. Workshop meetings are not exempted
from this requirement. AGOs 08 -65 and 74 -62. And see Lozman v. City of Riviera Beach, No.
502007CA007552XXXXMBAN (Fla. 15th Cir. Ct. June 9, 2009), per curium affirmed, 46 So.
3d 573 (Fla. 4th DCA 2010) (minutes required for city council's agenda review meetings).
44
GOVERNMENT -IN- THE- SUNSHINE-MANUAL
b.
Attendance at closed meetings
In some cases, a statutory exemption specifies the persons who are permitted to attend
closed session. For example, s. 286.011(8), F.S., establishing an open meetings exemptio or
certain discussions pertaining to pending litigation, provides that only the entity, th- ntity's
attnrney, the entity's chief administrative officer, and a court reporter may atten the closed
meeting. See AGO 01 -10 (clerk of court not authorized to attend).
However, where an exemption for certain public hospital board
"written strategic plan" did not specify who may attend (other than a
General's Office recommended that the board "strictly limit attend
who are essential to the purpose of the meeting, i.e., to discus
approve a strategic plan, in order to avoid what the courts
the public." AGO 07 -28. And see AGO 06 -34 (mem
attending a closed session of the statewide advocac
local council's cases, may not remain in the clos
considering cases from other advocacy counc
cases). Cf. AGO 03 -09 (exemption for
I ?S , does not directly address the c
closed meeting, but there is clea
are not to be open to public
4. Special act exec i tions
Prior to Jul ' , 1993, exemptions from the Sunshine Law could be created by special act.
Article I, s. 24 a. Const., however, now limits the Legislature's ability to enact an exemption from
the coast i d tional right of access to open meetings established thereunder. While exemptions in
eff$ct ► July 1, 1993, remain in force until repealed, the Constitution requires that exemptions
et . tcd after that date must be by general law. Such law must state with specificity the public
ielcssity for the exemption and be no broader than necessary to accomplish that stated purpose.
I. WFIAT ARE THE CONSEQUENCES IF A PUBLIC BOARD OR COMMISSION
FAILS TO COMPLY WITH THE SUNSHINE, LAW?
1. Criminal penalties
A knowing violation of the Sunshine Law is a misdemeanor of the second degree. Section
286.011(3)(b), ES. A person convicted of a second degree misdemeanor may be sentenced to a
term of imprisonment not to exceed 60 days and /or fined up to $500. Sections 775.082(4)(b)
and 775.083(1)(e), ES. The criminal penalties apply to members of advisory councils subject
to the Sunshine Law as well as to members of elected or appointed boards. AGO 01 -84 (school
arhisory council members).
Conduct which occurs outside the state which constitutes a knowing violation of the
Sunshine Law is a second degree misdemeanor. Section 286.011(3)(c), E.S. Such violations
are prosecuted in the county in which the board or commission normally conducts its official
business while violations occurring within the state may be prosecuted in that county. Section
91Q.16, F.S.
co
etings relating to a
reporter), the Attorney
e to only those individuals
receive a report on, modify, or
ight consider to be a disclosure to
s of a local advocacy council, who are
ouncil during the discussion of one of the
session when the statewide advocacy council is
which are unrelated to the local advocacy council's
lective bargaining strategy sessions in s. 447.605[11,
semination of information that may be obtained at the
egislative intent that matters discussed during such meetings
closure).
2. Removal from office
When a method for removal from office is not otherwise provided by the Florida
Co istitution or by law, the Governor may suspend an elected or appointed public officer who is
ind cted or informed against for any misdemeanor arising directly out of his or her official duties.
Section 112.52(1), F.S. [f convicted, the officer may be removed from office by executive order of
the Governor. Section 112.52(3), F.S. A person who pleads guilty or nolo contendere or who is
found guilty is, for purposes of s. 112.52, F.S., deemed to have been convicted, notwithstanding
the suspension of sentence or the withholding of adjudication. Id. Cf. s. 112.51, ES. (municipal
officers) and Art. IV, s. 7, Fla. Const. (state and county officers).
3. Noncriminal infractions
47
GOVERNMENT-IN-THE-SUNSHINE-MANUAL
Section 286.011(3)(a), ES., imposes noncriminal penalties for violations of the Sunshine
Law by providing that any public officer violating the provisions of the Sunshine Law is guilty
of a noncriminal infraction, punishable by a fine not exceeding $500. The state attorney may
pursue such actions on behalf of the state. State v. Foster, 12 F.L.W. Supp. 1194a (Fla. Broward
Co. Ct. September 26, 2005). Accord AGO 91 -38. Cf. State v. Foster, 13 F.L.W. Supp. 385a (Fla.
17th Cir. Ct. January 25, 2006) (no right to jury trial is triggered when an individual faces a
noncriminal violation of the Sunshine Law).
If a nonprofit corporation is subject to the Sunshine Law, its board of directors constitute
"public officers" for purposes of s. 286.011(3)(a), ES. AGO 98 -21. See Goosby v. State, No.
GF05- (00 1 1 22 - 00 1 130,001135) -BA (Fla. 10th Cir. Ct. December 22, 2006), cert. denied, No.
2D07 -281 (Fla. 2d DCA May 25, 2007) (members of the Polk County Opportunity Council,
which had assumed and exercised a delegated governmental function, were "public officers" for
purposes of the Sunshine Law and subject to the imposition of the noncriminal infraction fine).
4. Attorney's fees
Reasonable attorney's fees will be assessed against a board or commission found to have
violated the Sunshine Law. Section 286.011(4), ES. See Indian River County Hospital District v.
Indian River Memorial Hospital, Inc., 766 So. 2d 233, 235 (Fla. 4th DCA 2000), concluding that
the trial court erred by failing to assess attorney's fees against a nonprofit hospital corporation
found to have violated the Sunshine Law. And sees. 286.01 1(5), F.S., authorizing the assessment
of attorney fees if a board appeals an order finding the board in violation of the Sunshine Law
and the order is affirmed.
While the statue authorizes an award of appellate fees if a person successfully appeals a trial
court order denying access, it "does not supersede the appellate rules, nor does it authorize the
trial court to make an initial award of appellate attorney's fees." School Board of Alachua County
v. Rhea, 661 So. 2d 331 (Fla. 1st DCA 1995), review denied, 670 So. 2d 939, 332 (Fla. 1996).
"thus, a person prevailing on appeal must file an appropriate motion in the appellate court in
order to receive appellate attorney's fees. Id. If a board appeals an order finding the board in
violation of the Sunshine Law, and the order is affirmed, "the court shall assess a reasonable
attorney's fee for the appeal" against the board. Section 286.01 1(5), F.S.
Attorney's fees may be assessed against the individual members of the board except in those
cases where the board sought, and took, the advice of its attorney. Section 286.011(4) and (5),
ES.
If a member of a board or commission charged with a violation of s. 286.011, ES., is
subsequently acquitted, the board or commission is authorized to reimburse that member for any
portion of his or her reasonable attorney's fees. Section 286.01 1(7), ES. Cf AGO 86 -35, stating
that this subsection does not authorize the reimbursement of attorney's fees incurred during an
investigation of alleged sunshine violations when no formal charges were filed, although common
law principles may permit such reimbursement.
Reasonable attorney's fees may be assessed against the individual filing an action to enforce
the provisions of s. 286.011, F.S., if the court finds that it was filed in bad faith or was frivolous.
Section 286.011(4), ES. The fact that a plaintiff nay be unable to prove that a secret meeting
took place, however, does not necessarily mean that attorney's fees will be assessed. See Bland
v. Jackson County, 514 So. 2d 1115, 1 116 (Fla. 1st DCA 1987), concluding that although the
plaintiff was unable to prove that a meeting in violation of the Sunshine Law took place, the
evidence showed that the county commission unanimously voted on the issue in an open public
meeting without identifying what they were voting on and without any discussion and under
these circumstances an inference might reasonably be drawn that the commissioners had no need
to discuss the action being taken because they had already discussed and decided the issue before
the public meeting.
5. Civil actions for injunctive or declaratory relief
Section 286.01 1(2), F.S., states that the circuit courts have jurisdiction to issue injunctions
48
GOVERNMENT -IN -THE- SUNSHINE - MANUAL
upon application by any citizen of this state. While normally irreparable injury must be proved
by the plaintiff-before an injunction may be issued, in Sunshine Law cases the mere showing that
the law has been violated constitutes "irreparable public injury." Town of Palm Beach v. Gradison,
296 So. 2d 473 (Fla. 1974); and "Times Publishing Company v. Williams, 222 So. 2d 470 (Fla.
2d DCA 1969), disapproved in part on other grounds, Neu v. Miami Herald Publishing Company,
46 So. 2d 821 (Fla. 1985). The plaintiff's burden is to "establish by the greater weight of the
evi ence" that a meeting which should have been held in the sunshine took place on the date
all ged. Lyon v. Lake County, 765 So. 2d 785, 789 (Fla. 5th DCA 2000).
A complaint for injunctive relief must allege by name or sufficient description the identity
of the public official with whom the defendant public official has violated the Sunshine Law.
Deerfield Beach Publishing, Inc. v. Robb, 530 So. 2d 510 (Fla. 4th DCA 1988). And see Forehand
v. School Board of Gulf County, Florida, 600 So. 2d 1 187 (Fla. 1st DCA 1992) (plaintiff was not
denied a fair and impartial hearing because the board only briefly deliberated in public before a
vote was taken as there was no evidence that the board had privately deliberated on this issue);
and Law and Information Services v. City of Riviera Beach, 670 So. 2d 1014 (Fla. 4th DCA
1996) (patent speculation, absent any allegation that a nonpublic meeting in fact occurred, is
insufficient to state a cause of action).
Although a court cannot issue a blanket order enjoining any violation of the Sunshine
Lai' based upon a finding that the law was violated in particular respects, a court may enjoin a
future violation that bears some resemblance to the past violation. See Board of Public Instruction
of 4$roward County v. Doran, 224 So. 2d 693, 699 -700 (Fla. 1969), and Port Everglades Authority
v. l'iternational Longshoremen's Association, Local 1922 -1, 652 So. 2d 1169, 1173 (Fla. 4th DCA
195), and Citizens for Sunshine, Inc. v. Martin County School Board, 38 F.L.W. D180 (Fla. 4th
DCA January 23, 2013). See also Wood v. Marston, 442 So. 2d 934 (Fla. 1983) (trial court's
per nanent injunction affirmed). Compare Leach -Wells v. City of Bradenton, 734 So. 2d 1168,
1170n. 1 (Fla. 2d DCA 1999), in which the court noted that had a citizen appealed the trial
court's denial of her motion for temporary injunction based on a selection committee's alleged
vio ation of the Sunshine Law, the appellate court "would have had the opportunity to review this
ma ter before the project was completed and to direct that the City be enjoined from entering
into a final contract with the developer until after such time as the ranking of the proposals could
be accomplished in compliance with the Sunshine Law."
The future conduct must be "specified, with such reasonable definiteness and certainty
that the defendant could readily know what it must refrain from doing without speculation and
conjecture." Port Everglades Authority v. International Longshoremen's Association, Local 1922 -1,
supra, quoting from Board of Public Instruction v. Doran, 224 So. 2d 693, 699 (Fla. 1969). And
see Lozman v. City of Riviera Beach, No. 502007CA007552XXXXMB (Fla. 15th Cir. Ct. June
9, 2009), per curiam affirmed, 46 So. 3d 573 (Fla. 4th DCA 2010) (injunctive relief against
future violations of city to record minutes of certain meetings appropriate in Tight of city's past
conduct and consistent refusal to record such minutes even after being advised to do so by the city
attorney and because the city "has continuously taken the legal position that local governments
are not required by the Sunshine Law to record minutes ").
Declaratory relief is not appropriate where no present dispute exists but where governmental
agencies merely seek judicial advice different from that advanced by the Attorney General and
the state attorney or an injunctive restraint on the prosecutorial discretion of the state attorney.
Askew v. City of Ocala, 348 So. 2d 308 (Fla. 1977).
6. Validity of action taken in violation of the Sunshine Law and subsequent corrective
action
Section 286.011, F.S., provides that no resolution, rule, regulation or formal action shall
be considered binding except as taken or made at an open meeting.
Recognizing that the Sunshine Law should be construed so as to frustrate all evasive
devices, the courts have held that action taken in violation of the law is void al) initio. "Town of
Palrn Beach v. Gradison, 2.96 So. 2d 473 (Fla. 1974). See Silver Express Company v. District Board
49
GOVERNMENT- IN-THE-SUNSHINE- MANUAL
of Tribunal Trustees, 691 So. 2c1 1099 (Fla. 3d DCA 1997) (selection committee rankings
resulting from a meeting held in violation of the Sunshine Law are void ab initio and agency
enjoined from entering into contract based on such rankings); TSI Southeast, Inc. v. Royals, 588
So. 2d 309 (Fla. 1st DCA 1991) (contract for sale and purchase of real property voided because
board failed to properly notice the meeting under s. 286.011, ES.); and Grapski v. City of Alachua,
31 So. 3d 193 (Fla. 1st DCA 2010), review denied, 47 So. 3d 1288 (Fla. 2010) (by failing to
open its minutes to public inspection and copying in a timely and reasonable manner, prejudice
is presumed and therefore city's approval of minutes is null and void ab initio). See also Citizens
for Sunshine, Inc. v. City of Sarasota, No. 2010CA4387NC (Fla. 12th Cir. Ct. February 27, 2012)
(where two members of civil service board held a private discussion about a pending case during
a recess, the board's subsequent findings in the case were "null and void" and city must reconvene
the board and hear the evidence de novo). Cf. s. 286.0114(8), F.S. (an action taken by a board
or commission which is found to be in violation of s. 286.0114, F.S. [providing a right to be
heard on a proposition before a state or local board or commission] "is not void as a result of
that violation ").
Such a violation need not be "clandestine" in order for a contract to be invalidated because
"the principle that a Sunshine Law violation renders void a resulting official action does not
depend upon a finding of intent to violate the law or resulting prejudice." Port Everglades
Authority v. International Longshoremen's Association, Local 1922 -1, 652 So. 2d 1169, 1171 (Fla.
4th DCA 1995). But see Killearn Properties, Inc. v. City of Tallahassee, 366 So. 2d 172 (Fla. 1st
DCA 1979), cert. denied, 378 So. 2d 343 (Fla. 1979) (city which had received benefits under
contract was estopped from claiming contract invalid as having been entered into in violation of
the Sunshine Law).
Where, however, a public board or commission does not merely perfunctorily ratify or
ceremoniously accept at a later open meeting those decisions which were made at an earlier secret
meeting but rather takes "independent final action in the sunshine," the decision of the board or
commission will not be disturbed. Tolar v. School Board of County, 398 So. 2d 427, 429
(Fla. 1981). Accord Bruckner v. City of Dania Beach, 823 So. 2d 167, 171 (Fla. 4th DCA 2002)
(Sunshine violations "can be cured by independent, final action completely in the Sunshine ").
And see Monroe County v. Pigeon Key Historical Park, Inc., 647 So. 2d 857, 861 (Fla. 3d DCA
1994) (adoption of the open government constitutional amendment, Art. I, s. 24, Fla. Const., did
not overrule the Tolar "standard of remediation "). Cf. Board of County Commissioners of Sarasota
County v. Webber, 658 So. 2d 1069 (Fla. 2d DCA 1995) (no evidence suggesting that board
members met in secret during a recess to reconsider and deny a variance and then perfunctorily
ratified this decision at the public hearing held a few minutes later); B.M.Z. Corporation v. City
of Oakland Park, 415 So. 2d 735 (Fla. 4th DCA 1982) (where no evidence that any decision was
made in private, subsequent formal action in sunshine was not merely perfunctory ratification of
secret decisions or ceremonial acceptance of secret actions).
Thus, in a case involving the validity ofa lease approved by a board ofcounty commissioners
after an advisory committee held two unnoticed meetings regarding the lease, a court held that
the Sunshine Law violations were cured when the board of county commissioners held open
public hearings after the unnoticed meetings, an effort was made to make available to the public
the minutes of the unnoticed meetings, the board approved a lease that was markedly different
from that recommended by the advisory committee, and most of the lease negotiations were
conducted after the advisory committee had concluded its work. Monroe County v. Pigeon Key
Historical Park, Inc., 647 So. 2d 857, 860 -861 (Fla. 3d DCA 1994).
Similarly, a school board remedied an inadvertent violation of the Sunshine Law when it
subsequently held full, open and independent public hearings prior to adopting a redistricting
plan. Finch v. Seminole County School Board, 995 So. 2d 1068, 1073 (Fla. 5th DCA 2008). And
see Sarasota Citizens for Responsible Government v. City of Sarasota, 48 So. 3d 755 (Fla. 2010)
(any possible violations that occurred when county commissioners circulated e -mails among each
other were cured by subsequent public meetings).
It must be emphasized, however, that only a full open hearing will cure the defect; a
50
GOVERNMENT-EN- THE - SUNSHINE - MANUAL
violation of the Sunshine Law will not be cured by a perfunctory ratification of the action taken
outside of the sunshine. Spitlis Candela er Partners, Inc. v. Centrust Savings Bank, 535 So. 2d 694
(Fla. 3d DCA 1988). For example, in Zorc v. City of Vero Beach, 722 So. 2d 891, 903 (Fla. 4th
DCA 1998), review denied, 735 So. 2d 1284 (Fla. 1999), the Fourth District explained why a
subsequent city council meeting did not cure the council's prior violation of the Sunshine Law:
It is evident from the record that the meeting was not a full reexamination of the
issues, but rather, was merely the perfunctory acceptance of the City's prior decision.
This was not a full, open public hearing convened for the purpose of enabling the
public to express its views and participate in the decision - making process. Instead,
this was merely a Council meeting which was then opened to the public for comment
at the City's request. There was no significant discussion of the issues or a discourse
as to the language sought to be included. The City Councilmen were provided with
transcripts of the hearings, but none reviewed the language previously approved,
and the Council subsequently voted to deny reconsideration of the wording.
Similarly, a public hearing held by a county commission following an advisory comrnittee's
vio ation of the Sunshine Law failed to cure the "Sunshine Law problem" because the county
commission did not "review the complete deliberative process fully in the sunshine." Florida
Keys Aqueduct Authority v. Board of County Commissioners, Monroe County, Florida, No. CA-
K -60 -1170 (Fla. 16th Cir. Ct. May 16, 2001). And see Gateway Southeast Properties, Inc. v.
Torn of Medley, 14 F.L.W. Stipp. 20a (Fla. 1 l th Cir. Ct. October 24, 2006) (subsequent public
meting did not cure the defects of earlier closed meeting where no evidence was presented and
no questions asked or discussion pursued by council members at subsequent open meeting). Cf.
AGO 12 -31 (audit committee's statutorily prescribed function to create a request for proposals
may not be delegated to a subordinate entity; the committee may not, therefore, ratify a defective
request for proposals which was created and issued by the county's financial officer contrary to
the requirements of the law).
Moreover, an appellate court warned that while subsequent public board meetings may
have "cured" a Sunshine Law violation, "if a pattern of Sunshine Law violations existed before
this violation, then perhaps we may have found that any subsequent school board actions were
metiely 'perfunctory, ratification[s] of secret actions and decisions. "' Citizens for Sunshine, Inc.
v. Martin County School Board, 38 EL.W. D180 (Fla. 4th DCA January 23, 2013). See Bert
Fish Foundation v. Southeast Volusia Hospital District, No. 2010 - 20801 -CINS (Fla. 7th Cir.
Ct. February 24, 2011) (series of public meetings did not "cure" Sunshine Law violations that
resulted from 21 closed door meetings over 16 months; "[t]here was so much darkness for so
long, that a giant infusion of sunshine might have been too little or too late ").
7. Damages
The only remedies provided for in the Sunshine Law are a declaration of the wrongful
acti n as void and reasonable attorney fees. Dascott v. Palm Beach County, 988 So. 2c1 47 (Fla.
4th DCA 2008), review denied, 6 So. 3d 51 (Fla. 2009) (equitable recovery of back pay not
autl orized for employment termination conducted in violation of Sunshine Law).
PART II
PUBLIC RECORDS
A. WHAT IS THE SCOPE OF THE PUBLIC RECORDS ACT?
Florida's Public Records Law, Ch. 119, F.S., provides a right of access to the records of the
star and local governments as well as to private entities acting on their behalf. En the absence of
a sr tutory exemption, this right of access applies to all materials made or received by an agency in
con ection with the transaction of official business which are used to perpetuate, communicate
or f rmalize knowledge.
A right of access to records is also recognized in Art. 1, s. 24, Fla. Const., which applies to
virtually all state and local governmental entities, including the legislative, executive and judicial
51
GOVERNM ENT- 1N-TH E -S UNSHINE- MANUAL
branches of govern rnent. The only exceptions are those established by law or by the Constitution.
The complete text of Art. I, s. 24, Fla. Const., may be found in Appendix A.
B. WHAT IS A PUBLIC RECORD WHICH IS OPEN TO INSPECTION AND
COPYING?
1. Statutory definition
Section 119.011(12), ES., defines "public records" to include:
all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical
form, characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business by any agency.
Tile Florida Supreme Court has interpreted this definition to encompass all materials
made or received by an agency in connection with official business which are used to perpetuate,
communicate or formalize knowledge. Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc.,
379 So. 2d 633, 640 (Fla. 1980). All such materials, regardless of whether they are in final form,
are open for public inspection unless the Legislature has exempted them from disclosure. Wait u
Florida Power d7 Light Company, 372 So. 2d 420 (Fla. 1979). The complete text of Ch. 119, F.S.,
the Public Records Act, is found in Appendix C.
The term "public record" is not limited to traditional written documents. As the statutory
definition states, "tapes, photographs, films, sound recordings, data processing software, or
other material, regardless of the physical form, characteristics, or means of transmission" can all
constitute public records. And see National Collegiate Athletic Association v. Associated Press, 18
So. 3d 1201 (Fla. 1st DCA 2009), review denied, 37 So. 3d 848 (Fla. 2010) ( "public records law
is not limited to paper documents but applies, as well, to documents that exist only in digital
form "). Cf. Church of Scientology Flag Service Org., Inc. v. Wood, No. 97- 688CI -07 (Fla. 6th
Cir. Ct. February 27, 1997) (physical specimens relating to an autopsy are not public records
because in order to constitute a "public record" for purposes of Ch. 119, "the record itself must
be susceptible of some form of copying .... ").
Clearly, as technology changes the means by which agencies communicate, manage, and
store information, public records will take on increasingly different forms. Yet, the comprehensive
scope of the term "public records" will continue to make the information open to public
inspection unless exempted by law.
Article 1, s. 24, Fla. Const., establishes a constitutional right of access to any public record
made or received in connection with the official business of any public body, officer, or employee
of the state, or persons acting on their behalf, except those records exempted pursuant to Art. I,
s. 24, Fla. Const., or specifically made confidential by the Constitution. See State ex rel. Clayton
v. Board of Regents, 635 So. 2d 937 (Fla. 1994) ( "[O]ur Constitution requires that public officials
must conduct public business in the open and that public records must be made available to all
members of the public. "); and Rhea v. District Board of Trustees of Santa Fe College, 109 So. 3d 851,
855 (Fla. 1st DCA 2013) ( "A citizen's access to public records is a fundamental constitutional
right in Florida "). The complete text of Art. I, s. 24, Fla. Const., the Public Records and Meetings
Amendment, may be found in Appendix A.
2. Drafts and notes
'There is no "unfinished business" exception to the public inspection and copying
requirements of Ch. 119, ES. As the Florida Supreme Court stated in Shevin v. Byron, Harless,
Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (Fla. 1980), the term "public record"
means "any material prepared in connection with official agency business which is intended to
perpetuate, communicate, or formalize knowledge of some type." Such material is a "public
record" regardless of whether it is in final form or the ultimate product of an agency. Id.
Thus, "[i]nteroffice memoranda and intra - office memoranda communicating information
from one public employee to another or merely prepared for filing, even though not a part of
52
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
an agency's later, formal public product, would nonetheless constitute public records inasmuch
as they supply the final evidence of knowledge obtained in connection with the transaction of
official business." 379 So. 2d at 640. See also Booksmart Enterprises, Inc. v. Barnes &Noble College
Bookstores, Inc., 718 So. 2d 227, 229 (Fla. 3d DCA 1998) (book selection forms completed by
sta e university instructors and furnished to campus bookstore "are made in connection with
o cial business, for memorialization and communication purposes" and are public records);
an National Collegiate Athletic Association v. Associated Press, 18 So. 3d 1201, 1207 (Fla. 1st
DCA 2009), review denied, 37 So. 3d 848 (Fla. 2010) (transcript and response prepared as part
of NCAA disciplinary proceeding involving state university were public records because the
"the purpose of the transcript was to perpetuate the information presented to the infractions
corhmittee" and the response "was designed to communicate information to the body that would
her the appeal within the NCAA "). Compare Rogers v. Hood, 906 So. 2d 1220, 1223 (Fla. 1st
DCA 2005), review denied, 919 So. 2d 436 (Fla. 2005) (unused or unvoted Florida punch card
ballots from 2000 election do not constitute public records because they do not "perpetuate,
communicate, or formalize knowledge," but a ballot becomes a public record once it is voted
because at that point "the voted ballot, as received by the supervisor of elections in a given county,
has memorialized the act of voting ").
Accordingly, any agency record, if circulated for review, comment or information, is a
public record regardless of-whether it is an official expression of policy or marked "preliminary"
or `working draft" or similar label. Examples of such materials include interoffice memoranda,
pre iminary drafts of agency rules or proposals which have been submitted for review to anyone
within or outside the agency, and working drafts of reports which have been furnished to a
supervisor for review or approval.
In each of these cases, the fact that the records are part of a preliminary process does not
remove them from the definition of "public record." When material falls within the statutory
definition of "public record" in s. 119.011(12), F.S., and has been prepared to "perpetuate,
communicate or formalize knowledge," the record is subject to disclosure even if the agency
believes that release of the nonfinal product could be detrimental. See, e.g., Gannett Corporation,
Inc. v. Goldtrap, 302 So. 2d 174 (Fla. 2d DCA 1974) (county's concern that premature disclosure
of 4 report could be harmful to the county does not make the document confidential). Cf.
Grapski v. City of Alachua, 31 So. 3d 193 (Fla. 1st DCA 2010), review denied, 47 So. 3d 1288
(Fla 2010) (canvassing board minutes, although not yet considered by the city commission for
app oval, constituted the board's final work product and were subject to disclosure). As with
othr}r public records, only the Legislature has the authority to exempt preliminary or draft public
recolyds from disclosure. Wait v. Florida Power & Light Company, 372 So. 2d 420 (Fla. 1979).
See, e.g., s. 1 19.071(1)(d), ES., providing a limited work product exemption for agency attorneys.
While the broad definition of the term "public record" ensures that the public's right of
acce s includes preliminary and nonfinal records, the Shevin decision recognizes that not every
reco d made or received in the course of official business is prepared to "perpetuate, communicate
or f ruralize knowledge." Accordingly, preliminary drafts or notes prepared for the personal use
of d e writer may constitute mere "precursors" of public records if they are not intended to be
the nal evidence of the knowledge recorded. See Shevin v. Byron, flarless, Schaffer, Reid and
Asso iates, Inc., 379 So. 2d 633, 640. (Fla. 1980). And see the discussion of "attorney notes" on
pag 113 -114.
Thus, public employees' notes to themselves "which are designed for their own personal use
in rernembering certain things do not fall within the definition of `public record. "' (e.s.) Justice
Coalition v. The First District Court of Appeal Judicial Nominating Commission, 823 So. 2d 185,
192 (Fla. 1st DCA 2002). Accord Coleman v. Austin, 521 So. 2d 247 (Fla. 1st DCA 1988),
holding that preliminary handwritten notes prepared by agency attorneys and intended only
for the attorneys' own personal use are not public records. See also AGO 10 -55 (handwritten
personal notes taken by city manager to assist in remembering matters discussed during manager's
interviews of city employees are not public records "if the notes have not been transcribed or
shown to others and were not intended to perpetuate, communicate, or formalize knowledge ");
53
GOVERNMENT-IN- THE-SUNSHINE- MANUAL
and Inf. Op. to Trovato, June 2, 2009 (to the extent city commissioner has taken notes for his
own personal use and such notes are not intended to perpetuate, communicate, or formalize
knowledge, personal notes taken at a workshop or during a commission meeting would not be
considered public records).
The relevant test is whether the records have been prepared to "perpetuate, communicate,
or formalize knowledge of some type." See AGO 05 -23, stating that "it is only uncirculated
materials that are not in and of themselves intended to serve as the final evidence of the
knowledge to be recorded that Fall outside of the definition of a public record." Accord AGOs
10 -55 ( "nonfinal documents need not be communicated to anyone in order to constitute a public
record "), and 04 -15 (tape recordings of staff meetings made at the request of the executive director
by a secretary for use in preparing minutes of the meeting are public records because "they are
made at the request of the executive director as an independent record of the proceedings, and,
unlike tapes or notes taken by a secretary as dictation, are intended to perpetuate the discussion
at a staff meeting "). See also Inf. Op. to McLean, December 31, 1998 (where council member's
notes represent "formalized knowledge" and thus constitute public records, "the use of portions
of the notes to generate another document to be distributed to other members of the council does
not create an exception from the Public Records Law for such portions of the notes ").
For example, in Miami Herald Media Co. v. Sarnoff, 971 So. 2d 915 (Fla. 3d DCA 2007),
the court held that a memorandum prepared by a city commissioner after a meeting with a former
city official, summarizing details of what was said and containing alleged factual information
about possible criminal activity, was a public record subject to disclosure. The court determined
that the memorandum was not a draft or a note containing mental impressions that would later
form a part of a government record, but rather formalized and perpetuated his final knowledge
gained at the meeting. See also Grapski v. City of Alachua, 31 So. 3d 193, 197 (Fla. 1st DCA
2010), review denied, 47 So. 3d 1288 (Fla. 2010) (canvassing board minutes constitute "final
work product of the [bjoard, not a preliminary draft or note "); City of Pinellas Park, Florida v.
Times Publishing Company, No. 00- 008234CI -19 (Fla. 6th Cir. Ct. January 3, 2001) (rejecting
city's argument that employee responses to survey are "notes" which are not subject to disclosure
because "as to each of the employees, their responses were prepared in connection with their
official agency business and they were `intended to perpetuate, communicate, or formalize
knowledge' that they had about their department "); and Florida Sugar Cane League, Inc. v.
Florida Department of Environmental Regulation, No. 91 -4218 (Fla. 2d Cir. Ct. June 5, 1992)
(handwritten notes of agency staff "utilized to communicate and formulate knowledge within
[the agency] are public records subject to no exemption ").
Similarly, in AGO 05 -23, the Attorney General's Office was asked whether handwritten
notes taken by an assistant city labor attorney during her interviews with city personnel were
public records. The notes were reviewed by the city's labor attorney, used to prepare a disciplinary
action form, and then filed. The opinion concluded that the notes "are public records when those
notes are made to perpetuate and formalize knowledge and to communicate that information
to the labor attorney." 'The notes represented the "end product of her interviews and were
the formalized knowledge that was used to prepare a separate and distinct public record: the
disciplinary action form."
3. Electronic and computer records
a. Electronic databases and files
Information stored in a public agency's computer "is as much a public record as a written
page in a book or a tabulation in a file stored in a filing cabinet ...." Seigle v. Barry, 422 So.
2d 63, 65 (Fla. 4th DCA 1982), review denied, 431 So. 2c1 988 (Fla. 1983). And see National
Collegiate Athletic Association v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009), review
denied, 37 So. 3d 848 (Fla. 2010) (public records law is not limited to paper documents but
applies to documents that exist only in digital form); AGO 98 -54 (application and disciplinary
reports maintained in a computer system operated by a national securities dealers association
which are received electronically by state agency for use in licensing and regulating securities
54
GOVERNMENT -IN- THE- SUNSHINE-MANUAL
dealers doing business in Florida are public records); AGO 91 -61 (agency must provide copy
of computer disk in response to Ch. 119 request); and AGO 85 -03 (computer tape subject to
disclosure).
Thus, information such as electronic calendars, databases, and word processing files stored
in agency computers, can all constitute public records because records made or received in the
coirse of official business and intended to perpetuate, communicate or formalize knowledge of
some type, fall within the scope of Ch. 119, ES. AGO 89 -39. Compare AGO 85 -87 (to the
extent that "machine - readable intermediate files" may be intended to "communicate" knowledge,
any such communication takes place completely within the data processing equipment and
in such form as to render any inspection pursuant to Ch. 119, F.S., unintelligible anti, except
pe haps to the computer itself, meaningless; therefore, these files are analogous to notes used
to prepare some other documentary material, and are not public records). And see Grapski v.
Machen, No. 01- 2005 -CA -4005 J (Fla. 8th Cir. Ct. May 9, 2006), affirmed per curiam, 949 So.
2d 202 (Fla. 1st DCA 2007) (span or bulk mail received by a public agency does not necessarily
constitute a public record).
Moreover, the definition of "public records" specifically includes "data processing
software" and establishes that a record made or received in connection with official business is
a Public record, regardless of physical forrn, characteristics, "or means of transmission." See s.
119.01 1(12), F.S. "Automation of public records must not erode the right of access to [public
records]." Section 119.01(2)(a), F.S.
Accordingly, electronic public records are governed by the same rule as written documents
anal other public records -the records are subject to public inspection unless a statutory exemption
exi is which removes the records from disclosure. Cf. AGO 90 -04, stating that a county official
is i of authorized to assign the county's right to a public record (a computer program developed
by 1 former employee while he was working for the county) as part of a settlement compromising
a lawsuit against the county.
b. Consideration of public access in design of electronic recordkeeping system
When an agency is designing or acquiring an electronic recordkeeping system, the agency
must consider whether the proposed system is capable of providing data in some common
for nat such as, but not limited to, the American Standard Code for Information Interchange.
Section 119.01(2)(6), F.S. Cf. Inf. Op. to Moore, October 19, 1993, noting that an agency
considering the acquisition of computer software should be responsive to the need for preserving
public access to the information through use of the computer's software and that "[t]he design
and development of the software, therefore, should ensure that the system has the capability
of edacting confidential or exempt information when a public records request is made." And
see . 287.042(3)(h), F.S. (Department of Management Services responsible for development of
pro -edures to be used by state agencies when procuring information technology commodities
an contractual services that ensure compliance with public records and records retention
reg[tiretients).
Similarly, an agency may not enter into a contract for the creation or maintenance of a
public records database if that contract impairs the ability of the public to inspect or copy the
public records of that agency, including public records that are online or stored in an electronic
recordkeeping system used by the agency. Section 119.01(2)(c), F.S.
The importance of ensuring public access to computer records is recognized by statute and
in the electronic recordkeeping rules of the Division of Library and Information Services of the
Department of State. Rule 1B- 26.003(6)(g), F.A.C., provides that each agency shall "[e] nsure
that agency electronic recordkeeping systems meet state requirements for public access to records
in accordance with Chapter 1 19, ES."
c. E -Mail
E -mail messages made or received by agency officers and employees in connection with
official business are public records and subject to disclosure in the absence of an exemption.
55
GOVERNMENT - IN-THE-SUNSHINE - MANUAL
AGOs 96 -34 and 01 -20. See Rhea v. District Board of Trustees of Santa Fe College, 109 So. 3d
851, 855 (Fla. 1st DCA 2013), rioting that "electronic communications, such as e -mail, are
covered [by the Public Records Act] just like communications on paper." Cf. s. 668.6076, ES.,
requiring agencies that operate a website and use electronic mail to post the following statement
in a conspicuous location on the agency website: "Under Florida law, e-mail addresses are public
records. If you do not want your e -mail address released in response to a public records request,
do not send electronic mail to this entity. Instead, contact this office by phone or in writing."
Similarly, e -mails sent by city commissioners in connection with the transaction of official
business are public records subject to disclosure even though the e -mails contain undisclosed or
"blind" recipients and their e -mail addresses. AGO 07 -14. Cf. Butler v. City of Hallandale Beach,
68 So. 3d 278 (Fla. 4th DCA 201 1) (affirming a trial court order finding that a list of recipients
of a personal e -mail sent by mayor from her personal computer was not a public record).
Like other public records, e -mail messages are subject to the statutory restrictions on
destruction of public records. See s. 257.36(6), ES., stating that a public record may be destroyed
or otherwise disposed of only in accordance with retention schedules established by the Division
of Library and Information Services (division) of the Department of State. Thus, an e -mail
communication of "factual background information" from one city council member to another
is a public record and should be retained in accordance with the retention schedule for other
records relating to performance of the agency's functions and formulation of policy. AGO 01 -20.
d. Facebook
The Attorney General's Office has stated that the placement of material on a city's Facebook
page presumably would be in connection with the transaction of official business and thus subject
to Ch. 119, F.S., although in any given instance, the determination would have to be made based
upon the definition of "public record" contained in s. 119.011(12), F.S. AGO 09 -19. To the
extent that the information on the city's Facebook page constitutes a public record, the city is
under an obligation to follow the public records retention schedules established in accordance
with s. 257.36(6), ES. Id.
e. Text messages
In Inf. Op. to Browning, March 17, 2010, the Attorney General's Office advised the
Department of State (which is statutorily charged with development of public records retention
schedules) that the "same rules that apply to e -mail should be considered for electronic
communications including Blackberry PINS, SMS communications (text messaging), MMS
communications (multimedia content), and instant messaging conducted by government
agencies."
In response, the Department revised the records retention schedule to recognize that
retention periods for text messages and other electronic messages or communications "are
determined by the content, nature, and purpose of the records, and are set based on their legal,
fiscal, administrative, and historical values, regardless of the format in which they reside or the
method by which they are transmitted." Stated another way, it is the content of the electronic
communication that determines how long it is retained, not the technology that is used to send
the message. See General Records Schedule GS1 -SL for State and Local Government Agencies,
Electronic Communications, available online at http: / /dlis.dos.state.fl.us.
4. Personal records
As noted in AGO 04 -33, the broad definition of "public record" makes it clear that the
"form of the record is irrelevant; the material issue is whether the record is,.mad'e or received by
the public agency in connection with the transaction of official._ business." See s. 119.011(12),
F.S., defining the term "public records" to mean materials - "Made or received pursuant to law or
ordinance or in connection with the transaction.of official business by any agency." See also Shevin
IA Byron, Ilarless, Schaffer,.,Reid-andAssociates, Inc., 379 So. 2d 633, 640 (Fla. 1980), stating that
in order to,_ constitute "public records" for purposes of Ch. 119 disclosure requirements, the
.reeo«is «must have been prepared "in connection with official agency business" and be intended
56
GOVERNMENT -IN- THE- SUNSHINE-MANUAL
to "perpetuate, communicate, or formalize knowledge of some type."
Accordingly, records which are not made or received in connection with the transactio.' of
official business do not constitute public records for purposes of Ch. 119 disclosure require ents.
See e.g. Butler v. City of Hallandale Beach, 68 So. 3d 278 (Fla. 4th DCA 2011) (e -mai ent by
mayor from her personal account using her personal computer and blind copied to f- ends and
supporters did not constitute a public record because the e -mail was not made pursu it to law or
ordinance or in connection with the transaction of official business).
In evaluating whether a record is made or received in connection with th official business
of n agency, "the determining factor is the nature of the record, not its physic,. ocation." State u
City of Clearwater, 863 So. 2d 149, 154 (Fla. 2003). In Clearwater, the Co t held that personal
e -mails between government employees on government -owned computer • which were not made
or received in the course of official business did not constitute public ecords. See also Bent v.
State, 46 So. 3d 1047, 1050 (Fla. 4th DCA 2010) (sound recordings , ade by sheriff's office of
initiate personal telephone calls to friends and family which do not ' nvolve "criminal activity or
a security breach" are not public records because the "recordings • not perpetuate or formalize
knowledge in connection with official action "); and Media Ge.'eral Operations, Inc. v. Feeney,
849 So. 2d 3 (Fla. 1st DCA 2003) (records of personal or pr. ate calls of legislative employees
usi rg cellular phone service provided by a political party do a t constitute official business of the
Legislature and are not subject to public disclosure).
However, in concluding that the location of e -ma ',s on a government computer does not
control the application of Public Records Act, the Cle water court also cautioned that the case
before it did not involve e- mails "that may have beer isolated by a government employee whose
job required him or her to locate employee misus of government computers." State v. City of
Clearwater, at 151n.2. And see Miami -Dade Cou ty v. Professional Law Enforcement Association,
90 So. 2d 1289 (Fla. 3d DCA 2009) (person flight log of pilots paid by county which are
required as part of pilots' administrative dutie -'are distinguishable from personal e- trails in City
of Clearwater case and are subject to disclos re). See also AGO 09 -19 (because the creation of
a city Facebook page must be for a municipal, not private purpose, the "placement of material
on the city's page would presumably be it` furtherance of such purpose and in connection with
the transaction of official business and4ius subject to the provisions of Chapter 119, Florida
Statutes "),
Similarly, the mere fact that 41 ( e-mail is sent From a private e -mail account using a personal
conputer is not the determining /factor as to whether it is a public record; it is whether the
e -r ail was prepared or received in connection with official agency business. See Butler v. City of
Ha andale Beach, supra. For gxample, if a public employee sends a proposed agency budget to
his Or her supervisor for review, the report is a public record, regardless of whether the report was
sent From the employee's agency e -mail account using a government computer, or from his or her
home computer using a personal e -mail account.
Thus, in Bill of fights, Inc. v. City of New Smyrna Beach, No. 2009 - 20218 -CINS (Fla. 7th
Cir. Ct. April 8, 201 , the court concluded that billing documents regarding personal calls mace
and received by cit employees on city -owned or city - leased cellular telephones are public records,
MI n those doct Tents are received and maintained in connection with the transaction of official
bus ness; "and," fie `official business' of a city includes paying for telephone service and obtaining
reiniburseme �(t from employees for personal calls." See also AGO 77 -141 (copies of letters or
other docu Tents received by the mayor in his official capacity constitute records received "in
con iectio with the transaction of official business" and therefore are public records). Compare
Inf Op to Burke, April 14, 2010 (while the licensing board, and not Attorney General's Office,
must . =terrnine whether a letter, allegedly sent to the board by mistake, had been received by the
boa i in connection with the transaction of official business, the board "may wish to consider
w her circumstances characterize how the document was received, such as does the letter relate
a past, existing, or potential investigation by the board ").
C. WHAT AGENCIES ARE SUBJECT TO THE PUBLIC RECORDS ACT?
57
GOVERNMENT-IN-THE-SUNSHINE-MANUAL
Section 119.011(2), F.S., defines "agency" to include:
any state, county, district, authority, or municipal officer, department, division,
board, bureau, commission, or other separate unit of government created or
established by law including, for the purposes of this chapter, the Commission on
Ethics, the Public Service Commission, and the Office of Public Counsel, and any
other public or private agency, person, partnership, corporation, or business entity
acting on behalf of any public agency.
In addition, Art. I, s. 24(a), Fla. Const., establishes a constitutional right of access to
any public record made or received in connection with the official business of any public body,
officer, or employee of the state, or persons acting on their behalf, except with respect to those
records exempted pursuant to this section or specifically made confidential by this Constitution."
This constitutional right of access includes the legislative, executive, and judicial branches of
government; counties, municipalities, and districts; and each constitutional officer, board, and
commission, or entity created pursuant to law or by the Constitution.
1. Advisory boards
The definition of "agency" for purposes of Ch. 119, F.S., is not limited to governmental
entities. A "public or private agency, person, partnership, corporation, or business entity acting
on behalf of any public agency" is also subject to the requirements of the Public Records Act. See
also Art. I, s. 24(a), Fla. Const., providing that the constitutional right of access to public records
extends to "any public body, officer, or employee of the state, or persons acting on their behalf . .
.." (e.s.)
Thus, the Attorney General's Office has concluded that the records of an employee
advisory committee, established pursuant to special law to make recommendations to a public
hospital authority, are subject to Ch. 119, ES., and Art. I, s. 24(a), Fla. Const. AGO 96 -32.
And see Inf Op. to Nicoletti, November 18, 1987, stating that the Loxahatchee Council of
Governments, Inc., formed by eleven public agencies to study and make recommendations on
local governmental issues was an "agency" for purposes of Ch. 119, F.S.
2. Private organizations
A more complex question is presented when a private corporation or entity provides
services for, or receives funds from, a governmental body. The term "agency," as used in the
Public Records Act, includes private entities "acting on behalf of any public agency." Section
119.011(2), ES. The Florida Supreme Court has stated that this broad definition of "agency"
ensures that a public agency cannot avoid disclosure by contractually delegating to a private
entity that which would otherwise be an agency responsibility. News and Sun - Sentinel Company
v. Schwab, Twitty Hanser Architectural Group, Inc., 596 So. 2d 1029 (Fla. 1992). Cf Booksmart
Enterprises, Inc. v. Barnes 6 Noble College Bookstores, Inc., 718 So. 2d 227, 229n.4 (Fla. 3d
DCA 1998) (private company operating state university bookstores is an "agency" as defined
in s. 119.011 [2], ES., "[n]otwithstanding the Ianguage in its contract with the universities that
purports to deny any agency relationship ").
While the mere act of contracting with, or receiving public funds from, a public agency is
not sufficient to subject a private entity to Chi 19, ES., the following discussion considers when
the statute has been held applicable to private entities.
a. Private entities created pursuant to law or by public agencies
The fact that a private entity is incorporated as a nonprofit corporation is not dispositive
as to its status under the Public Records Act, but rather the issue is whether the entity is "acting
on behalf of" a public agency. The Attorney General's Office has issued numerous opinions
advising that if a private entity is created by law or by a public agency, it is subject to Ch.
119 disclosure requirements. The following are some examples of such entities: Pace Property
Finance Authority, Inc., created as a Florida nonprofit corporation by Santa Rosa County to
provide assistance in the funding and administration of certain governmental programs, AGO
58
GOVERNMENT-IN-THE- SUNSHINE- MANUAL
compliance with the Public Records Act ").
Thus, an agency is not authorized to impose conditions or limit access to public records
based on a suspicion that the request may be for an improper purpose. Inf. Op. to Cook, May
27, 2011. However, as noted in that opinion, Florida Statutes impose criminal penalties for the
unauthorized use of personal identification information for fraudulent or harassment purposes
and for the criminal use of a public record or public records information. See ss. 817.568 and
817.569, ES.
Similarly, "the fact that a person seeking access to public records wishes to use them in
a commercial enterprise does not alter his or her rights under Florida's public records law."
Microdecisions, Inc. v. Skinner, 889 So. 2d 871, 875 (Fla. 2c1 DCA 2004), review denied, 902 So.
2d 791 (Fla. 2005), cert. denied, 126 S.Ct. 746 (2005). See also State ex rel. Davis v. McMillan,
38 So 666 (Fla. 1905) (abstract companies may copy documents from the clerk's office for their
own Use and sell copies to the public for a profit); Booksmart Enterprises, Inc. v. Barnes 6' Noble
Collegle Bookstores, Inc., 718 So. 2d 227, 228n.2 (Fla. 3d DCA 1998), review denied, 729 So. 2d
389 (Ela. 1999) ( "Bookstnart's reason for wanting to view and copy the documents is irrelevant
to the issue of-whether the documents are public records ").
4. What agency employees are responsible for responding to public records requests?
a. Custodian of public records
Section 119.011(5), ES., defines the term "custodian of public records" to mean "the elected
or appointed state, county, or municipal officer charged with the responsibility of maintaining
the office having public records, or his or her designee." The custodian of public records, or a
person} having custody of public records, may designate another officer or employee of the agency
to perImit the inspection and copying of public records, but must disclose the identity of the
designee to the person requesting to inspect or copy public records. Section 119.07(1)(b), F.S.
However, the courts have concluded that the statutory reference to the records custodian
does riot alter the "duty of disclosure" imposed by s. 119.07(1), ES., upon "[e]very person who
has ct stody of a public record." Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA
1996) [Emphasis supplied by the court].
1"[hus, the term "custodian" for purposes of the Public Records Act refers to all agency
personnel who have it within their power to release or communicate public records. Mintus
u City of West Palm Beach, 711 So. 2d 1359 (Fla. 4th DCA 1998) (citing Williams v. City of
Minneola, 575 So. 2d 683, 687 [Fla. 5th DCA 1991]). But, "the mere fact that an employee of
a public agency temporarily possesses a document does not necessarily mean that the person has
custody as defined by section 119.07." Id. at 1361. In order to have custody, one must have
super Vision and control over the document or have legal responsibility for its care, keeping or
guardianship. Id. Cf. Remia v. City of St. Petersburg Police Pension Board of Trustees, 14 E
854a (Fla. 6th Cir. Ct. July 17, 2007), cert. denied, 996 So. 2d 860 (Fla. 2c1 DCA 2008)
(since pity clerk's responsibility to provide public records was ministerial, city was not entitled to
protective order prohibiting attorney in litigation with the city from directly contacting the clerk
with a public records request without first contacting the city attorney). Questions relating to
the application of the Rules of Professional Conduct should be addressed to The Florida Bar. See
Florida Bar Ethics Opinion 09 -01, issued December 10, 2010.
b. puty to acknowledge requests promptly and to respond in good faith
fi[he custodian of public records and his or her designee must acknowledge requests to
inspect or copy records promptly and respond to such requests in good faith. Section 1 19.07(1)
(c), ES. A good faith response includes making reasonable efforts to determine from other
officers or employees within the agency whether such a record exists and, if so, the location at
which the record can be accessed. Id.
5. Is an agency required to provide copies of public records if asked, or may the agency
allow inspection only
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GOVERNMENT- IN- TFIE-SUNSHINE-MANUAL
"It is the policy of this state that all state, county, and municipal records are open for
personal inspection and copying by any person." (e.s.) Section 119.01(1), F.S. In addition, s.
119.07(1)(a), F.S., provides that "[e]very person who has custody of a public record shall permit
the record to be inspected and copied by any person desiring to do so ...." Finally, s. 119.07(4),
F.S., requires the custodian to "furnish a copy or a certified copy of the record upon payment
of the fee prescribed by law ...." And see Fuller v. State ex rel. O'Donnell, 17 So. 2d 607
(Fla. 1944) ( "The best- reasoned authority in this country holds that the right to inspect public
records carries with it the right to make copies "); and Schwartzman v. Merritt Island Volunteer
Fire Department, 352 So. 2d 1230, 1232n.2 (Fla. 4th DCA 1977) (Public Records Act requires
custodian to furnish copies). Cf. Wootton v. Cook, 590 So. 2d 1039, 1040 (Fla. 1st DCA 1991) (if
the requestor identifies a record with sufficient specificity to permit the agency to identify it and
forwards the appropriate fee, the agency must furnish by mail a copy of the record).
6. May an agency refuse to cotnply with a request to inspect or copy public records on
the grounds that the records are not in the physical possession of the custodian?
No. An agency is not authorized to refuse to allow inspection of public records it made or
received in connection with the transaction of official business on the grounds that the documents
are in the actual possession of an agency or official other than the records custodian. See Wallace v.
Guzman, 687 So. 2d 1351 (Fla. 3d DCA 1997) (public records cannot be hidden from the public
by transferring physical custody of the records to the agency's attorneys); Tober v. Sanchez, 417 So.
2d 1053 (Fla. 3d DCA 1982), review denied sub nom., Metropolitan Dade County Transit Agency v.
Sanchez, 426 So. 2d 27 (Fla. 1983) (official charged with maintenance of records may not transfer
actual physical custody of records to county attorney and thereby avoid compliance with request
for inspection under Ch. 119, ES.); and AGO 92 -78 (public housing authority not authorized
to withhold its records from disclosure on the grounds that the records have been subpoenaed by
the state attorney and transferred to that office). "Given the aggressive nature of the public's right
to inspect and duplicate public records, a governmental agency may not avoid a public records
request by transferring custody of its records to another agency." Chandler v. City of Sanford, 38
F.L.W. D1945, 1946 (Fla. 5th DCA September 13, 2013).
Thus, in Barfield a Florida Department of Law Enforcement, No. 93 -1701 (Fla. 2d Cir. Ct.
May 19, 1994), the court held that an agency that received records from a private entity in the
course of official business and did not make copies of the documents could not "return" their to
the entity Following receipt of a public records request. TFhe court ordered the agency to demand
the return of the records From the private entity so they could be copied for the requestor.
Similarly, in Times Publishing Company v. City of St. Petersburg, 558 So. 2d 487, 492 -493
(Fla. 2d DCA 1990), the court found that both the city and a private entity violated the Public
Records Act when, pursuant to a plan to circumvent Ch. 119, ES., the city avoided raking
possession of negotiation documents reviewed and discussed by both parties and instead left
them with the private entity's attorney. The court determined that although city officials may
have intended merely to "avoid" the law, the effect of their actions was to "evade the broad
policy of open government." And see Wisner v. City of Tampa Police Department, 601 So. 2d 296,
298 (Fla. 2d DCA 1992) (city may not allow a private entity to maintain physical custody of
public records [polygraph chart used in internal investigation] "to circumvent the public records
chapter "); and National Collegiate Athletic Association v. Associated Press, 18 So. 3d 120 1 (Fla. 1st
DCA 2009), review denied, 37 So. 3d 848 (Fla. 2010) (records on private entity's secure website
that were viewed and used by a state university in carrying out its official duties were public
records even though the university did not take physical possession).
Similarly, in WFTV, Inc. v. School Board of Palm Beach County, No. CL 94- 8549 -AD (Fla.
15th Cir. Ct. March 29, 1995), affirmed per curiam, 675 So. 2d 945 (Fla. 4th DCA 1996), the
court held that a school board which hired a marketing firth to conduct a survey, then reviewed
and commented upon survey questionnaires designed by the firm but avoided taking possession
of the documents, unlawfully refused a public records request for the documents. And see
AG() 98 -54 (registration and disciplinary records stored in a computer database maintained
by a national securities association which are used by a state agency in licensing and regulating
137
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
securities dealers doing business in Florida are public records).
7. May an agency refuse to allow access to public records on the grounds that the records
are also maintained by another agency?
the c
state
from
atten
to th
No. The fact that a particular record is also maintained by another agency does not relieve
istodian of the obligation to permit inspection and copying in the absence of an applicable
ory exemption. AGO 86 -69. If information contained in the public record is available
other sources, a person seeking access to the record is not required to make an unsuccessful
pt to obtain the information from those sources as a condition precedent to gaining access
public records. Warden v. Bennett, 340 So. 2d 977, 979 (Fla. 2d DCA 1976).
8. May an agency refuse to allow inspection or copying of public records on the groan(
that the request is "overbroad" or lacks specificity?
No. In Lorei v. Smith, 464 So. 2d 1330, 1332 (Fla. 2c1 DCA 1985), review
So. 2d 695 (Fla. 1985), the court recognized that the "breadth of such right [t
public records] is virtually unfettered, save for the statutory exemptions . .
the absence of a statutory exemption, a custodian must produce the reco
of the number of records involved or possible inconvenience. Note
ES., authorizes a custodian to charge, in addition to the cost of d
charge for the cost of the extensive use of information techn
such extensive use is required because of the nature or vol
or co]ied. See AGO 92 -38.
Thus, a person seeking to inspect "all" fi
required to specify a particular book or retort
v. C'oich, 156 So. 297, 300 (Fla. 1934). 1
if this were the case, "one person may
favored one, because of his preten
exam nation of all of them." I
Publi( Records Act that pu
v. Cit
recor
prom
it is t
recor
inust
reco
ed, 475
ain access to
.Accordingly, in
sJrequested regardless
,owever, s. 119.07(4)(d),
ication, a reasonable service
ogy resources or of personnel, if
e of public records to be inspected
ncial records of a municipality may not be
e or she wishes to inspect. State ex rel. Davidson
avidson, the Florida Supreme Court explained that
e required to specify the book, while another and more
d ignorance of the name of the record might be permitted
Such a result would be inconsistent with the mandate in the
c records are open to all who wish to inspect them. Id. Cf. Salvadore
of Stuart, No. 91- 2 CA (Fla. 19th Cir. Ct. December 17, 1991), stating that if a public
s request is in cient to identify the records sought, the city has an affirmative duty to
tly notify t Yirequestor that more information is needed in order to produce the records;
fie respoi..t ility of the city and not the requestor to follow up on any requests for public
s. C pare Woodard v. State, 885 So. 2d 444, 446 (Fla. 4th DCA 2004) (records custodian
ish copies of records when the person requesting them identifies the portions of the
with sufficient specificity to permit the custodian to identify the record and forwards the
ry fee).
9. May an agency require that a request to inspect or copy public records be ma qtr
writing?
Chapter 119, [ ?S., does not authorize an agency to require that rec. -`` s for records be in
writit g. See Dade Aviation Consultants v. Knight Ridder, Inc., 800 , s. d 302, 305n.1 (Fla. 3d
DCA 200 1) ( "There is no requirement in the Public Records f that requests for records must
be in citing "). As noted in AGO 80 -57, a custodian rn onor a request for copies of records
which is sufficient to identify the records desired ' Tether the request is in writing, over the
telephone, or in person, provided that the rec ' ed fees are paid.
reque
form
such
recor
1987)
to cot
to hot
If a public agency believes that
t for public records, the a
r document; however,
ocutnentation as -•a
s. See Sulliv
per curl
ple
is necessary to provide written documentation of a
y may require that the custodian complete an appropriate
e person requesting the records cannot be required to provide
econdition to the granting of the request to inspect or copy public
v. City of New Port Richey, No. 86- 1129CA (Fla. 6th Cir. Ct. May 22,
firmed, 529 So. 2d 1124 (Fla. 2d DCA 1988), noting that a requestor's failure
city form required for access to documents did not authorize the custodian to refuse
the request to inspect or copy public records.
138
GOVERNMENT -IN- THE- SUNSHINE-MANUAL,
public records, a custodian may provide access to public records by remote ele is means,
provided exempt or confidential information is not disclosed." And sees. •.i (2)(e), F.S. 'Thus,
an agency is authorized but not required to permit remote ele rc access to public records.
Section 119.07(2)(b), ES., requires
contents of the public records from unau
the disclosure or modification of th
the c . •.ian to provide safeguards to protect the
zed electronic access or alteration and to prevent
portions of the records which are exempt from disclosure.
Unless otherwise - irecl by law, the custodian may charge a fee for remote electronic
access, granted u a contractual arrangement with a user, which fee may include the direct and
indirect c•.- of providing such access. However, fees for remote electronic access provided to
th • feral public must be in accordance with the provisions of s. 119.07, F.S. Section 119.07(2)
c), ES.
13. When must an agency respond to a public records request?
The custodian of public records or his or her designee is required to acknowledge requests
to inspect or copy records promptly and to respond to such requests in good faith. Section
119.07(1)(c), ES. The Public Records Act, however, does not contain a specific time limit (such
as 24 hours or 10 days) for compliance with public records requests. The Florida Supreme Court
has stated that the only delay in producing records permitted under Ch. 119, ES., "is the limited
reasonable time allowed the custodian to retrieve the record and delete those portions of the
record the custodian asserts are exempt." Tribune Company v. Cannella, 458 So. 2d 1075, 1078
(Fla. 1984), appeal dismissed sub nom., DePerte v. Tribune Company, 105 S.Ct. 2315 (1985).
a. Automatic delay impermissible
A municipal policy which provides For an automatic delay in the production of public
records is impermissible. Tribune Company v. Cannella, 458 So. 2d 1075, 1078 -1079 (Fla.
1984), appeal dismissed sub nom., Deperte v. Tribune Company, 105 S.Ct. 2315 (1985. See also
Michel v. Douglas, 464 So. 2d 545, 546 at n.2 (Fla. 1985), wherein the Supre ,ourt noted
that a county resolution imposing a 24 -hour waiting period before allowing it :.ection of county
personnel records which had been upheld in an earlier appellate decisio Roberts v. News -Press
Publishing Company, Inc., 409 So. 2c1 1089 (Fla. 2c1 DCA), review de ed, 418 So. 2d 1280 (Fla.
1982)1, was no longer enforceable in Tight of subsequent judicia ecisions.
Thus, an agency is not authorized to delay inspec
allow the employee to be present during the inspectio
v. Cannella, 458 So. 2d at 1078. Compare s. 101
expressly provided that no material derogato
until 10 days after the employee has been
Similarly, the Attorney Gene
pension fund may not delay rel
the board for a vote. AGO
DCA 2010), review denie
meeting minutes unt
n of personnel records in order to
of his or her records. Tribune Company
1(3)(a)3., F.S., in which the Legislature has
to a public school employee may be inspected
otified as prescribed by statute.
s Office has advised that a board of trustees of a police
se of its records until such time as the request is submitted to
-55. And see Grapski v. City of Alachua, 31 So. 3d 193 (Fla. 1st
, 47 So. 3d 1288 (Fla. 2010) (city may not delay public access to board
after the city commission has approved the minutes).
More rec- tly, in Johnson v Jarvis, 74 So. 3d 168 (Fla. 1st DCA 2011), the appellate court
reviewed a s to attorney's policy requiring that certain records requests be directed to the state
attorney' nai n office rather than produced at a branch office where the records were located.
The c• rt said that the trial judge must hold a hearing to determine whether there was a delay
to oduce the requested records to the petitioner-, and if so, whether the delay was reasonable
ider the facts of the case.
b. Production delays
An agency's unjustified delay in produ
refusal to provide access to publicreco . ee
5th DCA 2012) (mere frc outer my quickly
and fax is r • .' r.osrtive of whether county's
.f
cin
cor s can constitute an unlawful
fewlings v. Orange County, 87 So. 3d 839 (Fla.
responded to public records request by voicernail
45-clay delay in complying with the request was
141
GOVERNMENT- IN- THE-SUNSHINE- MANUAL,
school business, absent compliance with statutory restrictions on destruction of records). n
exemption only removes the records from public access requirements, it does not exem the
records from the other provisions of Ch. 119, F.S., such as those requiring that publi -ccords
be kept in a safe place or those regulating the destruction of public records. AGO 93 ®6. See s.
119.021, ES.
Moreover, if an assertion is made by the custodian that a requested rec• c" is not a public
record subject to public inspection or copying, the requested record may no ®'e disposed of for a
period of 30 days after the date on which a written request to inspect or co , the record was made
to the custodian; if a civil action is instituted within the 30 -day period .o enforce the provisions
of this section with respect to the requested record, the custodian m, not dispose of the record
exciept by order of a court of competent jurisdiction after notice all affected parties. Section
11.07(1)(h), ES
d. Evidence obtained by law enforcement agencies
Documentary evidence "obtained by a police de 'rtrnent is a public record subject to
retention schedules approved by the division. AGO i4 -51. Accord Inf. Op. to Blair, August
24,1 2011 (evidence that constitutes a public recorc may be destroyed only in accordance with
retention schedules established by the division an oting that the division has adopted a General
Reoords Schedule GS2 for law enforcement agef cies).
However, "the disposition of evidenc: not constituting a public record within the meaning
of Chapter 119, Florida Statutes, would •pear to be dependent upon an agency's determination
that it is no longer needed." Inf. Op. o Blair, August 24, 2011. (e.s.) Cf. Church of Scientology
Flag Service Org., Inc. v. Wood, No. 688CI -07 (Fla. 6th Cir. Ct. February 27, 1997) (physical
specimens relating to an autopsy re not public records because in order to constitute a "public
record" for purposes of Ch. 11 , the record itself must be susceptible of some form of copying .... ").
c. Duplicate records
Section 257.36(( , F.S., requires the division to adopt rules which, among other things,
establish "[s]tandard ✓' or the reproduction of records for security or with a view to the disposal of
the original recorc / For example, the division is responsible for determining whether an agency
may dispose of :r►audiotape of a witness statement without regard to the retention schedule, if
the } -e is also . ranscript of the statement. lnf. Op. to Mathews, July 12, 2004. C.f AGO 91 -09
(if .► facsin ' e document is subsequently copied by the receiving agency, the facsimile document
is cbnsi ;red an intermediate document which may be destroyed; the copy of the facsimile then
is rot • A as a public record). See also AGO 92 -85, stating that individual school board members
are ,'required to retain copies of public records which are regularly maintained in the course of
ness by the clerk of the school board in the school board administrative offices.
A.
APPENDICES
PUBLIC RECORDS AND MEETINGS CONSTITUTIONAL AMENDMENT
Article I, Section 24, Horida Constitution
Section 24. Access to public records and meetings.
(a) Every person has the right to inspect or copy any public record made or received in
connection with the official business of any public body, officer, or employee of the state, or
per ons acting on their behalf, except with respect to records exempted pursuant to this section
or pecifically made confidential by this Constitution. This section specifically includes the
legi lative, executive, and judicial branches of government and each agency or department created
thereunder; counties, municipalities, and districts; and each constitutional officer, board, and
cofr4mission, or entity created pursuant to law or this Constitution.
(b) All meetings of any collegial public body of the executive branch of state government
or Of any collegial public body of a county, municipality, school district, or special district, at
which official acts are to be taken or at which public business of such body is to be transacted or
167
GOVERNMENT-IN-THE-SUNSHINE-MANUAL
discussed, shall be open and noticed to the public and meetings of the legislature shall be open
and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted
pursuant to this section or specifically closed by this Constitution.
(c) This section shall be self - executing. The legislature, however, may provide by general
law passed by a two - thirds vote of each house for the exemption of records from the requirements
ofsubsection (a) and the exemption of meetings from the requirements ofsubsection (b), provided
that such law shall state with specificity the public necessity justifying the exemption and shall be
no broader than necessary to accomplish the stated purpose of the law. The legislature shall enact
laws governing the enforcement of this section, including the maintenance, control, destruction,
disposal, and disposition of records made public by this section, except that each house of the
legislature may adopt rules governing the enforcement of this section in relation to records of
the legislative branch. Laws enacted pursuant to this subsection shall contain only exemptions
from the requirements of subsections (a) or (b) and provisions governing the enforcement of this
section, and shall relate to one subject.
(d) All laws that are in effect on July 1, 1993 that limit public access to records or meetings
shall remain in force, and such laws apply to records of the legislative and judicial branches, until
they are repealed. Rules of court that are in effect on the date of adoption of this section that limit
access to records shall remain in effect until they are repealed.
B. GOVERNMENT IN THE SUNSHINE LAW AND RELATED STATUTES
286.011 Public meetings and records; public inspection; criminal and civil penalties.- -
(1) .A11 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, including meetings with or attended by any person
elected to such board or commission, but who has not yet taken office, 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. The
board or commission must provide reasonable notice of all such meetings.
(2) The minutes of a meeting of any such board or commission of any such state agency
or authority shall be promptly recorded, and such records shall be open to public inspection. The
circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of
this section upon application by any citizen of this state.
(3)(a) Any public officer who violates any provision of this section is guiltyofa noncriminal
infraction, punishable by fine not exceeding $500.
(b) Any person who is a member of a board or commission or of any state agency or
authority of any county, municipal corporation, or political subdivision who knowingly violates
the provisions of this section by attending a meeting not held in accordance with the provisions
hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or
s. 775.083.
(c) Conduct which occurs outside the state which would constitute a knowing violation
of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or
s. 775.083.
(4) Whenever an action has been filed against any board or commission of any state
agency or authority or any agency or authority of any county, municipal corporation, or political
subdivision to enforce the provisions of this section or to invalidate the actions of any such
board, commission, agency, or authority, which action was taken in violation of this section,
and the court determines that the defendant or defendants to such action acted in violation of
this section, the court shall assess a reasonable attorney's fee against such agency, and may assess
a reasonable attorney's fee against the individual filing such an action if the court finds it was
filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual
member or members of such board or commission; provided, that in any case where the board
168
GOVERNMENT- IN-THE- SUNSHINE-MANUAL
or commission seeks the advice of its attorney and such advice is followed, no such fees shall be
assessed against the individual member or members of the board or commission. However, this
subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer
charged with enforcing the provisions of this section.
(5) Whenever any board or commission of any state agency or authority or any agency or
authority of any county, municipal corporation, or political subdivision appeals any court order
which has found said board, commission, agency, or authority to have violated this section, and
such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against
such board, commission, agency, or authority. Any fees so assessed may be assessed against the
individual member or members of such board or commission; provided, that in any case where
thei board or commission seeks the advice of its attorney and such advice is followed, no such fees
shall be assessed against the individual member or members of the board or commission.
(6) All persons subject to subsection (1) are prohibited from holding meetings at any
facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or
ecdnomic status or which operates in such a manner as to unreasonably restrict public access to
such a facility.
(7) Whenever any member of any board or commission of any state agency or authority
or any agency or authority of any county, municipal corporation, or political subdivision is
charged with a violation of this section and is subsequently acquitted, the board or commission
is authorized to reimburse said member for any portion of his or her reasonable attorney's fees.
(8) Notwithstanding the provisions of subsection (1), any board or commission of any
stale agency or authority or any agency or authority of any county, municipal corporation, or
political subdivision, and the chief administrative or executive officer of the governmental entity,
may meet in private with the entity's attorney to discuss pending litigation to which the entity is
prcently a party before a court or administrative agency, provided that the following conditions
are met:
(a) The entity's attorney shall advise the entity at a public meeting that he or she desires
advice concerning the litigation.
(b) The subject matter of the meeting shall be confined to settlement negotiations or
strategy sessions related to litigation expenditures.
(c) The entire session shall be recorded by a certified court reporter. The reporter shall
record the times of commencement and terrination of the session, all discussion and proceedings,
the navies of all persons present at any time, and the names of all persons speaking. No portion
of t le session shall be off the record. The court reporter's notes shall be fully transcribed and filed
wit i the entity's clerk within a reasonable time after the meeting.
(d) The entity shall give reasonable public notice of the time and date of the attorney -
clic it session and the names of persons who will be attending the session. The session shall
conirnencc at an open meeting at which the persons chairing the meeting shall announce the
commencement and estimated length of the attorney - client session and the names of the persons
attending. At the conclusion of the attorney- client session, the meeting shall be reopened, and
the person chairing the meeting shall announce the termination of the session.
(e) Tlie transcript shall be made part oldie public record upon conclusion of the litigation.
Related sections read as follows:
286.0105 Notices of meetings and hearings must advise that a record is required
to .>jppeal.-
Each board, commission, or agency of this state or of any political subdivision thereof shall
inclide in the notice of any meeting or hearing, if notice of the meeting or hearing is required,
of sitch board, commission, or agency, conspicuously on such notice, the advice that, if a person
decides to appeal any decision made by the board, agency, or commission with respect to any
169
GOVERNMENT -IN- THE- SUNSHINE-MANUAL
(b) "Active" has the same meaning as provided in s. 119.011.
(c) "Criminal intelligence information" has the same meaning as
provided in s. 119.011.
(d) "Criminal investigative information" has the same meaning as
provided in s. 119.011.
(2) That portion of a meeting of a duly constituted minal justice commission at which
members of the commission discuss active criminal ' elligence information or active criminal
investigative information that is currently bein onsidered by, or which may foreseeably come
before, the commission is exempt from s. .011 and s. 24(b), Art. I of the State Constitution,
provided that at any public meetin• -: ' the criminal justice commission at which such matter is
being considered, the comm' .',n members publicly disclose the fact that the matter has been
discussed.
(3) Th• ection is subject to the Open Government Sunset Review Act in accordance with
s. 119. and shall stand repealed on October 2, 2018, unless reviewed and saved from repeal
t • . ugh reenactment by the Legislature.
286.012 Voting requirement at meetings of governmental bodies. -
No member of any state, county, or municipal governmental board, commission, or
agency who is present at any meeting of any such body at which an official decision, ruling, or
other official act is to be taken or adopted may abstain from voting in regard to any such decision,
ruling, or act; and a vote shall be recorded or counted for each such member present, except
when, with respect to any such member, there is, or appears to be, a possible conflict of interest
under the provisions of s. 1 12.31 1, s. 112.313, or s. 112.3143. In such cases, said tnetnber shall
comply with the disclosure requirements of s. 112.3143.
286.26 Accessibility of public meetings to the physically handicapped. -
(1) Whenever any board or commission of any state agency or authority, or of an ; icy
or authority of any county, municipal corporation, or other political subdi •.•.n, which has
scheduled a meeting at which official acts are to be taken receives, at E8 hours prior to the
meeting, a written request by a physically handicapped perso . attend the meeting, directed to
the chairperson or director of such board, commissiot ;ency, or authority, such chairperson or
director shall provide a manner by which sucl _ son may attend the meeting at its scheduled site
or reschedule the meeting to a site w•' would be accessible to such person.
(2) If an affecte tic icapped person objects in the written request, nothing contained
in the provision .. this section shall be construed or interpreted to permit the use of human
physical stance to the physically handicapped in lieu of the construction or use of ramps or
u r- mechanical devices in order to comply with the provisions of this section.
C. THE PUBLIC RECORDS ACT
CHAPTER 119, FLORIDA STATUTES
119.01 General state policy on public records. -
(1) Er is the policy of this state that all state, county, and municipal records are open for
personal inspection and copying by any person. Providing access to public records is a duty of
each agency.
(2)(a) Automation of public records must not erode the right of access to those records.
As each agency increases its use of and dependence on electronic recordkeeping, each agency
must provide reasonable public access to records electronically maintained and must ensure that
exempt or confidential records are not disclosed except as otherwise permitted by law.
(b) When designing or acquiring an electronic recordkeeping system, an agency must
consider whether such system is capable of providing data in some common format such as, but
not limited to, the American Standard Code for Information Interchange.
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GOVERNMENT -IN- THE- SUNSHINE-MANUAL
(c) An agency may not enter into a contract for the creation or maintenance of a
public records database if that contract impairs the ability of the public to inspect or copy the
public records of the agency, including public records that are online or stored in an electronic
reeordkeeping system used by the agency.
(d) Subject to the restrictions of copyright and trade secret laws and public records
exemptions, agency use of proprietary software must not diminish the right of the public to
inspect and copy a public record.
(e) Providing access to public records by remote electronic means is an additional method
of access that agencies should strive to provide to the extent feasible. Ilan agency provides access
to 'public records by remote electronic means, such access should be provided in the most cost -
effective and efficient manner available to the agency providing the information.
(f) Each agency that maintains a public record in an electronic recordkeeping system shall
provide to any person, pursuant to this chapter, a copy of any public record in that system which
is iot exempted by law from public disclosure. An agency must provide a copy of the record
in Ithe medium requested if the agency maintains the record in that medium, and the agency
maiy charge a fee in accordance with this chapter. For the purpose of satisfying a public records
request, the fee to be charged by an agency if it elects to provide a copy of a public record in a
to ilium not routinely used by the agency, or if it elects to compile information not routinely
de'elopeci or maintained by the agency or that requires a substantial amount of manipulation or
pr¢grarnming, must be in accordance with s. 119.07(4).
(3) If public funds are expended by an agency in payment of dues or membership
contributions for any person, corporation, foundation, trust, association, group, or other
or {ianization, all the financial, business, and membership records of that person, corporation,
foundation, trust, association, group, or other organization which pertain to the public agency
are j public records and subject to the provisions of s. 119.07.
.119.011 Definitions.- As used in this chapter, the tcrni:
(1) "Actual cost of duplication" means the cost of the material and supplies used to
du licate the public record, but does not include labor cost or overhead cost associated with such
duplication.
(2) "Agency" means any state, county, district, authority, or municipal officer, department,
division, board, bureau, commission, or other separate unit of government created or established
by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service
Cojnmission, and the Office of Public Counsel, and any other public or private agency, person,
partnership, corporation, or business entity acting on behalf of any public agency.
(3)(a) " Criminal intelligence information" means information with respect to an
identifiable person or group of persons collected by a criminal justice agency in an effort to
anticipate, prevent, or monitor possible criminal activity.
(b) "Criminal investigative information" means information with respect to an identifiable
person or group of persons compiled by a criminal justice agency in the course of conducting a
criminal investigation of a specific act or omission, including, but not limited to, information
derived from laboratory tests, reports of investigators or informants, or any type of surveillance.
(c) "Criminal intelligence information" and "criminal investigative information" shall not
incllude:
1. "fhe time, date, location, and nature of a reported crime.
2. The name, sex, age, and address of a person arrested or of the victim of a crime except
as provided in s. 119.071(2)(h).
3. The time, date, and location of the incident and of the arrest.
4. The crime charged.
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GOVERNMENT-IN-THE- SUNSHINE- MANUAL
5. Documents given or required by law or agency rule to be given to the person arrested,
except as provided in s. 119.071(2)(h), and, except that the court in a criminal case may order
that certain information required by law or agency rule to be given to the person arrested be
maintained in a confidential manner and exempt from the provisions of s. 119.07(1) until
released at trial if it is found that the release of such information would:
a. Be defamatory to the good name of a victim or witness or would jeopardize the safety
of such victim or witness; and
b. Impair the ability of a state attorney to locate or prosecute a codefendant.
6. Informations and indictments except as provided in s. 905.26.
(d) The word "active" shall have the following meaning:
1. Criminal intelligence information shall be considered "active" as long as it is related to
intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection
of ongoing or reasonably anticipated criminal activities.
2. Criminal investigative information shall be considered "active" as long as it is related
to an ongoing investigation which is continuing with a reasonable, good faith anticipation of
securing an arrest or prosecution in the foreseeable future.
In addition, criminal intelligence and criminal investigative information shall be considered
"active" while such information is directly related to pending prosecutions or appeals. The word
"active" shall not apply to information in cases which are barred from prosecution under the
provisions of s. 775.15 or other statute of limitation.
(4) "Criminal justice agency" means:
(a) Any law enforcement agency, court, or prosecutor;
(b) Any other agency charged by law with criminal law enforcement duties;
(c) Any agency having custody of criminal intelligence information or criininal investigative
information for the purpose of assisting such law enforcement agencies in the conduct of active
criminal investigation or prosecution or for the purpose of litigating civil actions under the
Racketeer Influenced and Corrupt Organization Act, during the time that such agencies are in
possession of criminal intelligence information or criminal investigative information pursuant to
their criminal law enforcement duties; or
(d) The Department of Corrections.
(5) "Custodian of public records" means the elected or appointed state, county, or
municipal officer charged with the responsibility of maintaining the office having public records,
or his or her designee.
(6) "Data processing software" means the programs and routines used to employ and
control the capabilities of data processing hardware, including, but not limited to, operating
systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, and
computer networking programs.
(7) "Duplicated copies" means new copies produced by duplicating, as defined in s.
283.30.
(8) "Exemption" means a provision of general law which provides that a specified record or
meeting, or portion thereof, is not subject to die access requirements of s. 119.07(1), s. 286.01 1,
or s. 24, Art. I of the State Constitution.
(9) "Information technology resources" means data processing hardware and software
and services, communications, supplies, personnel, facility resources, maintenance, and training.
(10) "Paratransit" has the same meaning as provided in s. 427.011.
(1 1) "Proprietary software" means data processing software that is protected by copyright
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GOVERNMENT-1N- THE-SUNSHINE- MANUAL
or' trade secret laws.
(12) "Public records" means all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other material, regardless of
th0 physical form, characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business by any agency.
(13) "Redact" means to conceal from a copy of an original public retort[, or to conceal
from an electronic image that is available for public viewing, that portion of the record containing
exempt or confidential information.
(14) "Sensitive," for purposes of defining agency- produced software that is sensitive, means
only those portions of data processing software, including the specifications and documentation,
which are used to:
(a) Collect, process, store, and retrieve information that is exempt from s. 119.07(1);
(b) Collect, process, store, and retrieve financial management information of the agency,
such as payroll and accounting records; or
(c) Control and direct access authorizations and security measures for automated systems.
119.021 Custodial requirements; maintenance, preservation, and retention of public
re ords.-
(1) Public records shall be maintained and preserved as follows:
(a) All public records should be kept in the buildings in which they are ordinarily used.
(b) insofar as practicable, a custodian of public records of vital, permanent, or archival
recprds shall keep them in fireproof and waterproof safes, vaults, or rooms fitted with
noncombustible materials and in such arrangement as to be easily accessible for convenient use.
(c)1. Record books should be copied or repaired, renovated, or rebound if worn, mutilated,
dai »aged, or difficult to read.
2. Whenever any state, county, or municipal records are in need of repair, restoration,
or rebinding, the head of the concerned state agency, department, board, or commission; the
board of county commissioners of such county; or the governing body of such municipality may
authorize that such records be removed from the building or office in which such records are
ordinarily kept for the length of time required to repair, restore, or rebind them.
3. Any public official who causes a record book to be copied shall attest and certify under
oath that the copy is an accurate copy of the original book. The copy shall then have the force
PY 1 Y PY
and effect of the original.
(2)(a) The Division of Library and information Services of the Department of State shall
adapt rules to establish retention schedules and a disposal process for public records.
(b) Each agency shall comply with the rules establishing retention schedules and disposal
processes for public records which are adopted by the records and information management
program of the division.
(c) Each public official shall systematically dispose of records no longer needed, subject to
the consent of the records and information management program of the division in accordance
with s. 257.36.
(d) The division may ascertain the condition of public records and shall give advice and
assistance to public officials to solve problems related to the preservation, creation, filing, and
public accessibility of public records in their custody. Public officials shall assist the division by
preparing an inclusive inventory of categories of public records in their custody. The division
shall establish a time period for the retention or disposal of each series of records. Upon the
completion of the inventory and schedule, the division shall, subject to the availability of
necessary space, staff, and other facilities for such purposes, make space available in its records
175
GOVERNMENT-IN- THE - SUNSHINE- MANUAL
center for the filing ofsemicurrent records so scheduled and in its archives for noncurrent records
of permanent value, and shall render such other assistance as needed, including the microfilming
of records so scheduled.
(3) Agency orders that comprise final agency action and that must be indexed or listed
pursuant to s. 120.53 have continuing legal significance; therefore, notwithstanding any other
provision of this chapter or any provision of chapter 257, each agency shall permanently maintain
records of such orders pursuant to the applicable rules of the Department of State.
(4)(a) Whoever has custody of any public records shall deliver, at the expiration of his
or her term of office, to his or her successor or, if there be none, to the records and information
management program of the Division of Library and Information Services of the Department
of State, all public records kept or received by him or her in the transaction of official business.
(b) Whoever is entitled to custody of public records shall demand them from any person
having illegal possession of them, who must forthwith deliver the same to him or her. Any
person unlawfully possessing public records must within 10 days deliver such records to the
lawful custodian of public records unless just cause exists for failing to deliver such records.
119.035 Officers- elect.-
(1) It is the policy of this state that the provisions of this chapter apply to officers -elect
upon their election to public office. Such officers -elect shall adopt and implement reasonable
measures to ensure compliance with the public records obligations set forth in this chapter.
(2) Public records of an officer -elect shall be maintained in accordance with the policies
and procedures of the public office to which the officer has been elected.
(3) If an officer- elect, individually or as part of a transition process, creates or uses an
online or electronic communication or recordkeeping system, all public records maintained on
such system shall be preserved so as not to impair the ability of the public to inspect or copy such
public records.
(4) Upon taking the oath of office, the officer -elect shall, as soon as practicable, deliver
to the person or persons responsible for records and information management in such office all
public records kept or received in the transaction of official business during the period following
election to public office.
(5) As used in this section, the term "officer- elect" means the Governor, the Lieutenant
Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of
Agriculture.
119.07 Inspection and copying of records; photographing public records;
fees; exemptions. -
(1)(a) Every person who has custody of a public record shall permit the record to be
inspected and copied by any person desiring to do so, at any reasonable time, under reasonable
conditions, and under supervision by the custodian of the public records.
(b) A custodian of public records or a person having custody of public records may
designate another officer or employee of the agency to permit the inspection and copying of
public records, but must disclose the identity of the designee to the person requesting to inspect
or copy public records.
(c) A custodian of public records and his or her designee must acknowledge requests
to inspect or copy records promptly and respond to such requests in good faith. A good faith
response includes making reasonable efforts to determine From other officers or employees within
the agency whether such a record exists and, if so, the location at which the record can be accessed.
(d) A person who has custody of a public record who asserts that an exemption applies
to a part of such record shall redact that portion of the record to which an exemption has been
asserted and validly applies, and such person shall produce the remainder of such record for
inspection and copying.
176
--T-k E 2 71 -1 -20(4
FLORIDA CON[MISSiON ON
ETHICS
GUIDE to the
SUNSHINE AM F N DIVIENT
and
CODE of ETHICS
for Public Officers and Employees
2014
State of Florida
COMMISSION ON ETHICS
Morgan R. Bentley, Chair
Sarasota
Michelle Anchors
Ft. Walton Beach
Matthew F. Carlucci
Jacksonville
I. Martin Ford
Vero Beach
Tom Freeman
DeBary
Susan Horovitz Maurer
Ft. Lauderdale
Linda M. Robison
Pompano Beach
Stanley Weston
Jacksonville
Virlindia Doss
Executive Director
P.O. Drawer 15709
Tallahassee, FL 32317 -5709
www.ethics.state.fl.us
(850) 488 -7864*
*Please direct all requests for information to this number.
TABLE OF CONTENTS
I. HISTORY OF FLORIDA'S ETHICS LAWS
II. ROLE OF THE COMMISSION ON ETHICS
III. THE ETHICS LAWS
A. PROHIBITED ACTIONS OR CONDUCT
1. Solicitation or Acceptance of Gifts
2. Unauthorized Compensation
3. Misusc of Public Position
4. Disclosure or Use of Certain Information
5. Solicitation or Acceptance of Honoraria
iB. PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS
1. Doing Business With One's Agency
2. Conflicting Employment or Contractual Relationship
1
1
2
2
2
3
3
3
3
4
4
4
3. Exemptions 4
4. Additional Exemption 5
5. Lobbying State Agencies by Legislators 5
6. Employees Holding Office 5
7. Professional & Occupational Licensing Board Members 5
8. Contractual Services: Prohibited Employment 6
9. Local Government Attorneys 6
6
10. Dual Public Employment
C. RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING
WITH RELATIVES 6
1. Anti- Nepotism Law 6
2. Additional Restrictions 7
p. POST OFFICEHOLDING & EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS 7
1.Lobbying By Former Legislators, Statewide Elected Officers,
and Appointed State Officers 7
2. Lobbying By Former State Employees 7
3. Additional Restrictions on Former State Employees 8
4. Lobbying By Former Local Government Officers and Employees 8
E. VOTING CONFLICTS OF INTEREST 8
. DISCLOSURES 9
1. Form 1 - Limited Financial Disclosure 9
2. Form 1F - Final Form 1 12
3. Form 2 - Quarterly Client Disclosure 12
4. Form 6 - Full and Public Disclosure 12
5. Form 6F - Final Form 6 13
6. Form 9 - Quarterly Gift Disclosure 13
7. Form 10 - Annual Disclosure of Gifts from Governmental Entities and
Direct Support Organizations and Honorarium Event - Related Expenses 13
8. Form 30 - Donor's Quarterly Gift Disclosure 14
9. Forms 1X and 6X — Amendments 15
TV. AVAILABILITY OF FORMS 15
V. PENALTIES 15
A. For Violations of the Code of Ethics 15
B. For Violations by Candidates 15
C. For Violations by Former Officers and Employees 16
D. For Lobbyists and Others 16
E. Felony Convictions: Forfeiture of Retirement Benefits 16
F. Automatic Penalties for Failure to File Annual Disclosure 16
VI. ADVISORY OPINIONS 16
A. Who Can Request an Opinion 16
B. How to Request an Opinion 17
C. How to Obtain Published Opinions 17
VII. COMPLAINTS 17
A. Citizen Involvement 17
B. Referrals 17
C. Confidentiality 17
D. How the Complaint Process Works 18
E. Dismissal of Complaint at Any Stage of Disposition 18
F. Statute of Limitations 19
VIII. EXECUTIVE BRANCH LOBBYING 19
IX. WHISTLE - BLOWER'S ACT 19
X. ADDITIONAL INFORMATION 20
XI. ONLINE TRAINING 20
FLORIDA COMMISSION ON ETHICS
GUIDE TO THE SUNSHINE AMENDMENT
and
CODE OF ETHICS
for
PUBLIC OFFICERS and EMPLOYEES
I. HISTORY OF FLORIDA'S ETHICS LAWS
Florida has been a leader among the states in establishing ethics standards for public officials and
recognizing the right of citizens to protect the public trust against abuse. Our state Constitution was revised
in 1968 to require a code of ethics, prescribed by law, for all state employees and non - judicial officers
prohibiting conflict between public duty and private interests.
Florida's first successful constitutional initiative resulted in the adoption of the Sunshine Amendment in
1976, providing additional constitutional guarantees concerning ethics in government. In the area of
enforcement, the Sunshine Amendment requires that there be an independent commission (the Commission
on Ethics) to investigate complaints concerning breaches of public trust by public officers and employees
other then judges.
The Code of Ethics for Public Officers and Employees is found in Chapter 112 (Part III) of the Florida
Statutes';. Foremost among the goals of the Code is to promote the public interest and maintain the respect of
the people for their government. The Code is also intended to ensure that public officials conduct themselves
independently and impartially, not using their offices for private gain other than compensation provided by law.
While seeking to protect the integrity of government, the Code also seeks to avoid the creation of unnecessary
barriers to public service.
Crir+al penalties, which initially applied to violations of the Code, were eliminated in 1974 in favor of
administrative enforcement. The Legislature created the Commission on Ethics that year to serve as guardian
of the si�andards of conduct" for public officials, state and local. Five of the Commission's nine members are
appointed by the Governor, and two each are appointed by the President of the Senate and Speaker of the
House of Representatives. No more than five Commission members may be members of the same political
party, and none may be lobbyist, or hold any public employment during their two -year terms of office. A chair
is selected from among the members to serve a one -year term and may not succeed himself or herself.
II. ROLE OF THE COMMISSION ON ETHICS
In addition to its constitutional duties regarding the investigation of complaints, the Commission:
• Rdnders advisory opinions to public officials;
• Prescribes forms for public disclosure;
• Prepares mailing lists of public officials subject to financial disclosure for use by Supervisors of Elections
and the Commission in distributing forms and notifying delinquent filers;
1
• Makes recommendations to disciplinary officials when appropriate for violations of ethics and disclosure
laws, since it does not impose penalties;
• Administers the Executive Branch Lobbyist Registration and Reporting Law;
• Maintains financial disclosure filings of constitutional officers and state officers and employees; and,
• Administers automatic fines for public officers and employees who fail to timely file required annual financial
disclosure.
III. THE ETHICS LAWS
The ethics laws generally consist of two types of provisions, those prohibiting certain actions or conduct
and those requiring that certain disclosures be made to the public. The following descriptions of these laws
have been simplified, in an effort to put people on notice of their requirements. Therefore, we also suggest
that you review the wording of the actual law. Citations to the appropriate laws are contained in brackets.
The laws summarized below apply generally to all public officers and employees, state and local, including
members of advisory bodies. The principal exception to this broad coverage is the exclusion of judges, as they
fall within the jurisdiction of the Judicial Qualifications Commission.
Public Service Commission (PSC) members and employees, as well as members of the PSC Nominating
Council, are subject to additional ethics standards that are enforced by the Commission on Ethics under
Chapter 350, Florida Statutes. Further, members of the governing boards of charter schools are subject to
some of the provisions of the Code of Ethics [Sec. 1002.33(26), Fla. Stat.], as are the officers, directors, chief
executive officers and some employees of business entities that serve as the chief administrative or executive
officer or employee of a political subdivision. [Sec. 112.3136, Fla. Stat.].
A. PROHIBITED ACTIONS OR CONDUCT
1. Solicitation and Acceptance of Gifts
Public officers, employees, local government attorneys, and candidates are prohibited from soliciting or
accepting anything of value, such as a gift, loan, reward, promise of future employment, favor, or service, that
is based on an understanding that their vote, official action, or judgment would be influenced by such gift.
[Sec. 112.313(2), Fla. Stat.]
Persons required to file financial disclosure FORM 1 or FORM 6 (see Part III F of this brochure), and state
procurement employees, are prohibited from soliciting any gift from a political committee, lobbyist who has
lobbied the official or his or her agency within the past 12 months, or the partner, firm, employer, or principal
of such a lobbyist or from a vendor doing business with the official's agency. [Sec. 112.3148, Fla. Stat.]
Persons required to file FORM 1 or FORM 6, and state procurement employees are prohibited from
directly or indirectly accepting a gift worth more than $100 from such a lobbyist, from a partner, firm,
employer, or principal of the lobbyist, or from a political committee or vendor doing business with their agency.
[Sec.112.3148, Fla. Stat.]
However, effective in 2006 and notwithstanding Sec. 112.3148, Fla. Stat., no Executive Branch lobbyist or
principal shall make, directly or indirectly, and no Executive Branch agency official who files FORM 1 or
FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying.
2
[Sec. 112.3215, Fla. Stat.] Typically, this would include gifts valued at less than $100 that formerly were
permitted under Section 112.3148, Fla. Stat. Similar rules apply to members and employees of the
Legislature. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.]
Also effective May 1, 2013, persons required to file Form 1 or Form 6, and state procurement employees
and members of their immediate families, are prohibited from accepting any gift from a political committee.
[Sec. 112.31485, Fla. Stat.]
2. Unauthorized Compensation
Public officers or employees, local government attorneys, and their spouses and minor children are
prohibited from accepting any compensation, payment, or thing of value when they know, or with the exercise
of reasonable care should know, that it is given to influence a vote or other official action. [Sec. 112.313(4),
Fla. Stat ]
3. Misuse of Public Position
Public officers and employees, and local government attorneys are prohibited from corruptly using or
attempting to use their official positions or the resources thereof to obtain a special privilege or benefit for
themselves or others. [Sec. 112.313(6), Fla. Stat.]
4. Disclpsure or Use of Certain Information
Public officers and employees and local government attorneys are prohibited from disclosing or using
informatipn not available to the public and obtained by reason of their public position for the personal benefit
of themselves or others. [Sec. 112.313(8), Fla. Stat.]
5. Solicitation or Acceptance of Honoraria
Persons required to file financial disclosure FORM 1 or FORM 6 (see Part 111 F of this brochure), and state
procurement employees, are prohibited from soliciting honoraria related to their public offices or duties. [Sec.
112.3149, Fla. Stat.]
Persons required to file FORM 1 or FORM 6, and state procurement employees, are prohibited from
knowingli accepting an honorarium from a political committee, lobbyist who has lobbied the person's agency
within the past 12 months, or the partner, firm, employer, or principal of such a lobbyist, or from a vendor
doing business with the official's agency. However, he or she may accept the payment of expenses related to
an honorarium event from such individuals or entities, provided that the expenses are disclosed. See Part III F
of this brochure. [Sec. 112.3149, Fla. Stat.]
Lobbyists and their partners, firms, employers, and principals, as well as political committees and vendors,
are proh bited from giving an honorarium to persons required to file FORM 1 or FORM 6 and to state
procure ent employees. Violations of this law may result in fines of up to $5,000 and prohibitions against
lobbying or up to two years. [Sec. 112.3149, Fla. Stat.]
However, notwithstanding Sec. 112.3149, Fla. Stat., no Executive Branch or legislative lobbyist or principal
shall make, directly or indirectly, and no Executive Branch agency official who files FORM 1 or FORM 6 shall
3
knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. [Sec. 112.3215,
Fla. Stat.] This may include honorarium event related expenses that formerly were permitted under Sec.
112.3149, Fla. Stat. Similar rules apply to members and employees of the Legislature. However, these laws
are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.]
B. PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS
1. Doing Business With One's Agency
(a) A public employee acting as a purchasing agent, or public officer acting in an official capacity, is
prohibited from purchasing, renting, or leasing any realty, goods, or services for his or her agency from a
business entity in which the officer or employee or his or her spouse or child owns more than a 5% interest.
[Sec. 112.313(3), Fla. Stat.]
(b) A public officer or employee, acting in a private capacity, also is prohibited from renting, leasing, or
selling any realty, goods, or services to his or her own agency if the officer or employee is a state officer or
employee, or, if he or she is an officer or employee of a political subdivision, to that subdivision or any of its
agencies. [Sec. 112.313(3), Fla. Stat.]
2. Conflicting Employment or Contractual Relationship
(a) A public officer or employee is prohibited from holding any employment or contract with any business
entity or agency regulated by or doing business with his or her public agency. [Sec. 112.313(7), Fla. Stat.]
Nigoo
(b) A public officer or employee also is prohibited from holding any employment or having a contractual
relationship which will pose a frequently recurring conflict between the official's private interests and public
duties or which will impede the full and faithful discharge of the official's public duties. [Sec. 112.313(7), Fla.
Stat.]
(c) Limited exceptions to this prohibition have been created in the law for legislative bodies, certain
special tax districts, drainage districts, and persons whose professions or occupations qualify them to hold
their public positions. [Sec. 112.313(7)(a) and (b), Fla. Stat.]
3. Exemptions— Pursuant to Sec. 112.313(12), Fla. Stat., the prohibitions against doing business with one's
agency and having conflicting employment may not apply:
(a) When the business is rotated among all qualified suppliers in a city or county.
(b) When the business is awarded by sealed, competitive bidding and neither the official nor his or her
spouse or child have attempted to persuade agency personnel to enter the contract. NOTE: Disclosure of the
interest of the official, spouse, or child and the nature of the business must be filed prior to or at the time of
submission of the bid on Commission FORM 3A with the Commission on Ethics or Supervisor of Elections,
depending on whether the official serves at the state or local level.
(c) When the purchase or sale is for legal advertising, utilities service, or for passage on a common
carrier.
4
(d) When an emergency purchase must be made to protect the public health, safety, or welfare.
(e) When the business entity is the only source of supply within the political subdivision and there is full
disclosure of the official's interest to the governing body on Commission FORM 4A.
(f) When the aggregate of any such transactions does not exceed $500 in a calendar year.
(g) When the business transacted is the deposit of agency funds in a bank of which a county, city, or
district Official is an officer, director, or stockholder, so long as agency records show that the governing body
has determined that the member did not favor his or her bank over other qualified banks.
(h) When the prohibitions are waived in the case of ADVISORY BOARD MEMBERS by the appointing
person or by a two - thirds vote of the appointing body (after disclosure on Commission FORM 4A).
(i) When the public officer or employee purchases in a private capacity goods or services, at a price and
upon terms available to similarly situated members of the general public, from a business entity which is doing
business with his or her agency.
(j) When the public officer or employee in a private capacity purchases goods or services from a
business entity which is subject to the regulation of his or her agency where the price and terms of the
transact on are available to similarly situated members of the general public and the officer or employee
makes full disclosure of the relationship to the agency head or governing body prior to the transaction.
4. Additional Exemptions
No elected public officer is in violation of the conflicting employment prohibition when employed by a tax
exempt organization contracting with his or her agency so long as the officer is not directly or indirectly
compensated as a result of the contract, does not participate in any way in the decision to enter into the
contract, abstains from voting on any matter involving the employer, and makes certain disclosures. [Sec.
112.31315), Fla. Stat.] A qualified blind trust established pursuant to Sec. 112.31425, Fla. Stat., may afford
an official protection from conflicts of interest arising from assets placed in the trust.
5. Lobbying State Agencies By Legislators
A member of the Legislature is prohibited from representing another person or entity for compensation
during his or her term of office before any state agency other than judicial tribunals. [Art. II, Sec. 8(e), Fla.
Const., nd Sec. 112.313(9), Fla. Stat.]
6. Emplpyees Holding Office
A pulblic employee is prohibited from being a member of the governing body which serves as his or her
employer. [Sec. 112.313(10), Fla. Stat.]
7. Professional and Occupational Licensing Board Members
An officer, director, or administrator of a state, county, or regional professional or occupational
organization or association, while holding such position, may not serve as a member of a state examining or
5
licensing board for the profession or occupation. [Sec. 112.313(11), Fla. Stat.]
8. Contractual Services: Prohibited Employment
A state employee of the executive or judicial branches who participates in the decision - making process
involving a purchase request, who influences the content of any specification or procurement standard, or who
renders advice, investigation, or auditing, regarding his or her agency's contract for services, is prohibited
from being employed with a person holding such a contract with his or her agency. [Sec. 112.3185(2), Fla.
Stat.]
9. Local Government Attorneys
Local government attorneys, such as the city attorney or county attorney, and their law firms are prohibited
from representing private individuals and entities before the unit of local government which they serve. A local
government attorney cannot recommend or otherwise refer to his or her firm legal work involving the local
government unit unless the attorney's contract authorizes or mandates the use of that firm. [Sec. 112.313(16),
Fla. Stat.]
10. Dual Public Employment
Candidates and elected officers are prohibited from accepting public employment if they know or should
know it is being offered for the purpose of influence. Further, public employment may not be accepted unless
the position was already in existence or was created without the anticipation of the official's interest was
publicly advertised, and the officer had to meet the same qualifications and go through the same hiring
process as other applicants.
For elected public officers already holding public employment, no promotion given for the purpose of
influence may be accepted, nor may promotions that are inconsistent with those given other similarly situated
employees.
C. RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING WITH RELATIVES
1. Anti - Nepotism Law
A public official is prohibited from seeking for a relative any appointment, employment, promotion or
advancement in the agency in which he or she is serving or over which the official exercises jurisdiction or
control. No person may be appointed, employed, promoted, or advanced in or to a position in an agency if
such action has been advocated by a related public official who is serving in or exercising jurisdiction or
control over the agency; this includes relatives of members of collegial government bodies. NOTE: This
prohibition does not apply to school districts (except as provided in Sec. 1012.23, Fla. Stat.), community
colleges and state universities, or to appointments of boards, other than those with land- planning or zoning
responsibilities, in municipalities of fewer than 35,000 residents. Also, the approval of budgets does not
constitute "jurisdiction or control" for the purposes of this prohibition. This provision does not apply to
volunteer emergency medical, firefighting, or police service providers. [Sec. 112.3135, Fla. Stat.]
6
2. Additional Restrictions
A state employee of the executive or judicial branch or the PSC is prohibited from directly or indirectly
procuring contractual services for his or her agency from a business entity of which a relative is an officer,
partner, director, or proprietor, or in which the employee, or his or her spouse, or children own more than a
5% interest. [Sec. 112.3185(6), Fla. Stat.]
D. POST OFFICE HOLDING AND EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS
1. Lobbying by Former Legislators, Statewide Elected Officers, and Appointed State Officers
A member of the Legislature or a statewide elected or appointed state official is prohibited for two years
following vacation of office from representing another person or entity for compensation before the
government body or agency of which the individual was an officer or member, and also from lobbying the
executive branch. [Art. II, Sec. 8(e), Fla. Const. and Sec. 112.313(9), Fla. Stat.]
2. Lobbying by Former State Employees
Certain employees of the executive and legislative branches of state government are prohibited from
personally representing another person or entity for compensation before the
agency with which they were employed for a period of two years after leaving their positions, unless employed
by another agency of state government. [Sec. 112.313(9), Fla. Stat.] These employees include the following:
(a) Executive and legislative branch employees serving in the Senior Management Service and Selected
Exempt Service, as well as any person employed by the Department of the Lottery having authority over
policy or procurement.
(b) Persons serving in the following position classifications: the Auditor General; the director of the Office
of Program Policy Analysis and Government Accountability (OPPAGA); the Sergeant at Arms and Secretary
of the Senate; the Sergeant at Arms and Clerk of the House of Representatives; the executive director and
deputy eixecutive director of the Commission on Ethics; an executive director, staff director, or deputy staff
director bf each joint committee, standing committee, or select committee of the Legislature; an executive
director, staff director, executive assistant, legislative analyst, or attorney serving in the Office of the President
of the Senate, the Office of the Speaker of the House of Representatives, the Senate Majority Party Office,
the Senate Minority Party Office, the House Majority Party Office, or the House Minority Party Office; the
Chancel) r and Vice - Chancellors of the State University System; the general counsel to the Board of Regents;
the presi ent, vice presidents, and deans of each state university; any person hired on a contractual basis and
having the power normally conferred upon such persons, by whatever title; and any person having the power
normally conferred upon the above positions.
This 'prohibition does not apply to a person who was employed by the Legislature or other agency prior to
July 1, 1D89; who was a defined employee of the SUS or the PSC who held such employment on December
31, 199'.; or who reached normal retirement age and retired by July 1, 1991. It does apply to OPS
employes.
PENALTIES: Persons found in violation of this section are subject to the penalties contained in the Code
(see PENALTIES, Part V) as well as a civil penalty in an amount equal to the compensation which the person
7
received for the prohibited conduct. [Sec. 112.313(9)(a)5, Fla. Stat.]
3. Additional Restrictions on Former State Employees
A former executive or judicial branch employee or PSC employee is prohibited from having employment or
a contractual relationship, at any time after retirement or termination of employment, with any business entity
(other than a public agency) in connection with a contract in which the employee participated personally and
substantially by recommendation or decision while a public employee. [Sec. 112.3185(3), Fla. Stat.]
A former executive or judicial branch employee or PSC employee who has retired or terminated
employment is prohibited from having any employment or contractual relationship for two years with any
business entity (other than a public agency) in connection with a contract for services which was within his or
her responsibility while serving as a state employee. [Sec.112.3185(4), Fla. Stat.]
Unless waived by the agency head, a former executive or judicial branch employee or PSC employee may
not be paid more for contractual services provided by him or her to the former agency during the first year
after leaving the agency than his or her annual salary before leaving. [Sec. 112.3185(5), Fla. Stat.]
These prohibitions do not apply to PSC employees who were so employed on or before Dec. 31, 1994.
4. Lobbying by Former Local Government Officers and Employees
A person elected to county, municipal, school district, or special district office is prohibited from
representing another person or entity for compensation before the government body or agency of which he or
she was an officer for two years after leaving office. Appointed officers and employees of counties,
municipalities, school districts, and special districts may be subject to a similar restriction by local ordinance or
resolution. [Sec. 112.313(13) and (14), Fla. Stat.]
E. VOTING CONFLICTS OF INTEREST
State public officers are prohibited from voting in an official capacity on any measure which they know
would inure to their own special private gain or loss. A state public officer who abstains, or who votes on a
measure which the officer knows would inure to the special private gain or loss of any principal by whom he or
she is retained, of the parent organization or subsidiary or sibling of a corporate principal by which he or she
is retained, of a relative, or of a business associate, must make every reasonable effort to file a memorandum
of voting conflict with the recording secretary in advance of the vote. If that is not possible, it must be filed
within 15 days after the vote occurs. The memorandum must disclose the nature of the officer's interest in the
matter.
No county, municipal, or other local public officer shall vote in an official capacity upon any measure which
would inure to his or her special private gain or loss, or which the officer knows would inure to the special
private gain or loss of any principal by whom he or she is retained, of the parent organization or subsidiary or
sibling of a corporate principal by which he or she is retained, of a relative, or of a business associate. The
officer must publicly announce the nature of his or her interest before the vote and must file a memorandum of
voting conflict on Commission Form 8B with the meeting's recording officer within 15 days after the vote
occurs disclosing the nature of his or her interest in the matter. However, members of community
redevelopment agencies and district officers elected on a one -acre, one -vote basis are not required to abstain
8
when voting in that capacity.
No slppointed state or local officer shall participate in any matter which would inure to the officer's special
private gain or Toss, the special private gain or loss of any principal by whom he or she is retained, of the
parent organization or subsidiary or sibling of a corporate principal by which he or she is retained, of a
relative, or of a business associate, without first disclosing the nature of his or her interest in the matter. The
memorandum of voting conflict (Commission Form 8A or 8B) must be filed with the meeting's recording
officer, be provided to the other members of the agency, and be read publicly at the next meeting.
If the conflict is unknown or not disclosed prior to the meeting, the appointed official must orally disclose
the conflict at the meeting when the conflict becomes known. Also, a written memorandum of voting conflict
must be filed with the meeting's recording officer within 15 days of the disclosure being made and must be
provided to the other members of the agency with the disclosure being read publicly at the next scheduled
meeting [Sec. 112.3143, Fla. Stat.]
A qualified blind trust established pursuant to Sec. 112.31425, Fla. Stat., may afford an official protection
from voting conflicts of interest arising from assets placed in the trust.
F. DISCLOSURES
Conf icts of interest may occur when public officials are in a position to make decisions that affect their
personal financial interests. This is why public officers and employees, as well as candidates who run for
public office, are required to publicly disclose their financial interests. The disclosure process serves to remind
officials Of their obligation to put the public interest above personal considerations. It also helps citizens to
monitor the considerations of those who spend their tax dollars and participate in public policy decisions or
administration.
All public officials and candidates do not file the same degree of disclosure; nor do they all file at the same
time or place. Thus, care must be taken to determine which disclosure forms a particular official or candidate
is requir *d to file.
The following forms are described below to set forth the requirements of the various disclosures and the
steps for correctly providing the information in a timely manner.
1. FORM 1 - Limited Financial Disclosure
Who Mulct File:
Persons required to file FORM 1 include all state officers, local officers, candidates for local elective office,
and specified state employees as defined below (other than those officers who are required by law to file
FORM 6).
STATE OFFICERS include:
1) Elect$d public officials not serving in a political subdivision of the state and any person appointed to fill a
vacancy n such office, unless required to file full disclosure on Form 6.
9
2) Appointed members of each board, commission, authority, or council having statewide jurisdiction,
excluding members of solely advisory bodies; but including judicial nominating commission members;
directors of Enterprise Florida, Scripps Florida Funding Corporation, and Workforce Florida, and members of
the Council on the Social Status of Black Men and Boys; and governors and senior managers of Citizens
Property Insurance Corporation and Florida Workers' Compensation Joint Underwriting Association, board
members of the Northeast Florida Regional Transportation Commission, and members of the board of
Triumph Gulf Coast, Inc.
3) The Commissioner of Education, members of the State Board of Education, the Board of Governors, and
the local boards of trustees and presidents of state universities.
LOCAL OFFICERS include:
1) Persons elected to office in any political subdivision (such as municipalities, counties, and special districts)
and any person appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6.
2) Appointed members of the following boards, councils, commissions, authorities, or other bodies of any
county, municipality, school district, independent special district, or other political subdivision: the governing
body of the subdivision; a community college or junior college district board of trustees; a board having the
power to enforce local code provisions; a planning or zoning board, board of adjustments or appeals,
community redevelopment agency board, or other board having the power to recommend, create, or modify
land planning or zoning within the political subdivision, except for citizen advisory committees, technical
coordinating committees, and similar groups who only have the power to make recommendations to planning
or zoning boards; a pension board or retirement board empowered to invest pension or retirement funds or to
determine entitlement to or amount of a pension or other retirement benefit.
3) Any other appointed member of a local government board who is required to file a statement of financial
interests by the appointing authority or the enabling legislation, ordinance, or resolution creating the board.
4) Persons holding any of these positions in local government: mayor; county or city manager; chief
administrative employee or finance director of a county, municipality, or other political subdivision; county or
municipal attorney; chief county or municipal building inspector; county or municipal water resources
coordinator; county or municipal pollution control director; county or municipal environmental control director;
county or municipal administrator with power to grant or deny a land development permit; chief of police; fire
chief; municipal clerk; appointed district school superintendent; community college president; district medical
examiner; purchasing agent (regardless of title) having the authority to make any purchase exceeding $20,000
for the local governmental unit.
5) Members of governing boards of charter schools operated by a city or other public entity.
6) The officers, directors, and chief executive officer of a corporation, partnership, or other business entity
that is serving as the chief administrative or executive officer or employee of a political subdivision, and any
business entity employee who is acting as the chief administrative or executive officer or employee of the
political subdivision. [Sec. 112.3136, Fla. Stat.]
10
SPECIFIED STATE EMPLOYEE includes:
1) Employees in the Office of the Governor or of a Cabinet member who are exempt from the Career Service
System excluding secretarial, clerical, and similar positions.
2) The following positions in each state department, commission, board, or council: secretary or state
surgeon general, assistant or deputy secretary, executive director, assistant or deputy executive director, and
anyone having the power normally conferred upon such persons, regardless of title.
3) The following positions in each state department or division: director, assistant or deputy director, bureau
chief, assistant bureau chief, and any person having the power normally conferred upon such persons,
regardless of title.
4) Assibtant state attorneys, assistant public defenders, criminal conflict and civil regional counsel, assistant
criminal conflict and civil regional counsel, public counsel, full -time state employees serving as counsel or
assistant counsel to a state agency, judges of compensation claims, administrative law judges, and hearing
officers.
5) The superintendent or director of a state mental health institute established for training and research in the
mental health field, or any major state institution or facility established for corrections, training, treatment, or
rehabilitation.
6) State agency business managers, finance and accounting directors, personnel officers, grant coordinators,
and pur$hasing agents (regardless of title) with power to make a purchase exceeding $20,000.
7) The following positions in legislative branch agencies: each employee (other than those employed in
maintenance, clerical, secretarial, or similar positions and legislative assistants exempted by the presiding
officer of their house); and each employee of the Commission on Ethics.
What Mast Be Disclosed:
FORM 1 requirements are set forth fully on the form. In general, this includes the reporting person's
sources and types of financial interests, such as the names of employers and addresses of real property
holdings, NO DOLLAR VALUES ARE REQUIRED TO BE LISTED. In addition, the form requires the
disclosure of certain relationships with, and ownership interests in, specified types of businesses such as
banks, savings and loans, insurance companies, and utility companies.
When to File:
CANDIDATES for elected local office must file FORM 1 together with and at the same time they file their
qualifyinj papers.
STALE and LOCAL OFFICERS and SPECIFIED STATE EMPLOYEES are required to file disclosure by
July 1 of each year. They also must file within thirty days from the date of appointment or the beginning of
employnjent. Those appointees requiring Senate confirmation must file prior to confirmation.
11
Where to File:
Each LOCAL OFFICER files FORM 1 with the Supervisor of Elections in the county in which he or she
permanently resides.
A STATE OFFICER or SPECIFIED STATE EMPLOYEE files with the Commission on Ethics. [Sec.
112.3145, Fla. Stat.]
2. FORM 1F - Final Form 1 Limited Financial Disclosure
FORM 1F is the disclosure form required to be filed within 60 days after a public officer or employee
required to file FORM 1 leaves his or her public position. The form covers the disclosure period between
January 1 and the last day of office or employment within that year.
3. FORM 2 - Quarterly Client Disclosure
The state officers, local officers, and specified state employees listed above, as well as elected
constitutional officers, must file a FORM 2 if they or a partner or associate of their professional firm represent
a client for compensation before an agency at their level of government.
A FORM 2 disclosure includes the names of clients represented by the reporting person or by any partner
or associate of his or her professional firm for a fee or commission before agencies at the reporting person's
level of government. Such representations do not include appearances in ministerial matters, appearances
before judges of compensation claims, or representations on behalf of one's agency in one's official capacity.
Nor does the term include the preparation and filing of forms and applications merely for the purpose of
obtaining or transferring a license, so long as the issuance of the license does not require a variance, special
consideration, or a certificate of public convenience and necessity.
When to File:
This disclosure should be filed quarterly, by the end of the calendar quarter following the calendar quarter
during which a reportable representation was made. FORM 2 need not be filed merely to indicate that no
reportable representations occurred during the preceding quarter; it should be filed ONLY when reportable
representations were made during the quarter.
Where To File:
LOCAL OFFICERS file with the Supervisor of Elections of the county in which they permanently reside.
STATE OFFICERS and SPECIFIED STATE EMPLOYEES file with the Commission on Ethics. [Sec.
112.3145(4), Fla. Stat.]
4. FORM 6 - Full and Public Disclosure
Who Must File:
Persons required by law to file FORM 6 include all elected constitutional officers and candidates for such'
12
office; the mayor and members of the city council and candidates for these offices in Jacksonville; the Duval
County Superintendent of Schools; judges of compensation claims (pursuant to Sec. 440.442, Fla. Stat.); and
members of the Florida Housing Finance Corporation Board and the Florida Prepaid College Board; and
members of expressway authorities, transportation authorities (except the Jacksonville Transportation
Authority), or toll authorities created pursuant to Ch. 348 or 343, or 349, or other general law.
What Must be Disclosed:
FORM 6 is a detailed disclosure of assets, liabilities, and sources of income over $1,000 and their values,
as well as net worth. Officials may opt to file their most recent income tax return in lieu of listing sources of
income but still must disclose their assets, liabilities, and net worth. In addition, the form requires the
disclosure of certain relationships with, and ownership interests in, specified types of businesses such as
banks, avings and loans, insurance companies, and utility companies.
When and Where To File:
Incumbent officials must file FORM 6 annually by July 1 with the Commission on Ethics. CANDIDATES
must file with the officer before whom they qualify at the time of qualifying. [Art. II, Sec. 8(a) and (i), Fla.
Const., and Sec. 112.3144, Fla. Stat.]
5. FOF M 6F - Final Form 6 Full and Public Disclosure
This is the disclosure form required to be filed within 60 days after a public officer or employee required to
file FORM 6 leaves his or her public position. The form covers the disclosure period between January 1 and
the last day of office or employment within that year.
6. FORM 9 - Quarterly Gift Disclosure
Each person required to file FORM 1 or FORM 6, and each state procurement employee, must file a
FORM , Quarterly Gift Disclosure, with the Commission on Ethics on the last day of any calendar quarter
followin the calendar quarter in which he or she received a gift worth more than $100, other than gifts from
relatives, gifts prohibited from being accepted, gifts primarily associated with his or her business or
employment, and gifts otherwise required to be disclosed. FORM 9 NEED NOT BE FILED if no such gift was
receivec during the calendar quarter.
Infor
donor, tl
Stat.]
-nation to be disclosed includes a description of the gift and its value, the name and address of the
�e date of the gift, and a copy of any receipt for the gift provided by the donor. [Sec. 112.3148, Fla.
7. FORM 10 - Annual Disclosure of Gifts from Government Agencies and Direct - Support Organizations and
Honorar`um Event Related Expenses
StatU government entities, airport authorities, counties, municipalities, school boards, water management
districts, the South Florida Regional Transportation Authority, and the Technological Research and
Developjnent Authority may give a gift worth more than $100 to a person required to file FORM 1 or FORM 6,
and to Mate procurement employees, if a public purpose can be shown for the gift. Also, a direct - support
organization for a governmental entity may give such a gift to a person who is an officer or employee of that
entity. These gifts are to be reported on FORM 10, to be filed by July 1.
13
The governmental entity or direct - support organization giving the gift must provide the officer or employee 're
with a statement about the gift no later than March 1 of the following year. The officer or employee then must
disclose this information by filing a statement by July 1 with his or her annual financial disclosure that
describes the gift and lists the donor, the date of the gift, and the value of the total gifts provided during the
calendar year. State procurement employees file their statements with the Commission on Ethics. [Sec.
112.3148, Fla. Stat.]
In addition, a person required to file FORM 1 or FORM 6, or a state procurement employee, who receives
expenses or payment of expenses related to an honorarium event from someone who is prohibited from giving
him or her an honorarium, must disclose annually the name, address, and affiliation of the donor, the amount
of the expenses, the date of the event, a description of the expenses paid or provided, and the total value of
the expenses on FORM 10. The donor paying the expenses must provide the officer or employee with a
statement about the expenses within 60 days of the honorarium event.
The disclosure must be filed by July 1, for expenses received during the previous calendar year, with the
officer's or employee's FORM 1 or FORM 6. State procurement employees file their statements with the
Commission on Ethics. [Sec. 112.3149, Fla. Stat.]
However, notwithstanding Sec. 112.3149, Fla. Stat., no executive branch or legislative lobbyist or principal
shall make, directly or indirectly, and no executive branch agency official or employee who files FORM 1 or
FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying.
This may include gifts or honorarium event related expenses that formerly were permitted under Sections
112.3148 and 112.3149. [Sec. 112.3215, Fla. Stat.] Similar prohibitions apply to legislative officials and
employees. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.]
In addition, gifts, which include anything not primarily related to political activities authorized under ch. 106,
are prohibited from political committees. [Sec. 112.31485 Fla. Stat.]
8. FORM 30 - Donor's Quarterly Gift Disclosure
As mentioned above, the following persons and entities generally are prohibited from giving a gift worth
more than $100 to a reporting individual (a person required to file FORM 1 or FORM 6) or to a state
procurement employee; a political committee; a lobbyist who lobbies the reporting individual's or procurement
employee's agency, and the partner, firm, employer, or principal of such a lobbyist; and vendors. If such
person or entity makes a gift worth between $25 and $100 to a reporting individual or state procurement
employee (that is not accepted in behalf of a governmental entity or charitable organization), the gift should be
reported on FORM 30. The donor also must notify the recipient at the time the gift is made that it will be
reported.
The FORM 30 should be filed by the last day of the calendar quarter following the calendar quarter in
which the gift was made. If the gift was made to an individual in the legislative branch, FORM 30 should be
filed with the Lobbyist Registrar. If the gift was to any other reporting individual or state procurement
employee, FORM 30 should be filed with the Commission on Ethics.
However, notwithstanding Section 112.3148, Fla. Stat., no executive branch lobbyist or principal shall
make, directly or indirectly, and no executive branch agency official or employee who files FORM 1 or FORM
6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. This may
include gifts that formerly were permitted under Section 112.3148. [Sec. 112.3215, Fla. Stat.] Similar
14
vete
prohibitions apply to legislative officials and employees. However, these laws are not administered by the
Commission on Ethics. [Sec. 11.045, Fla. Stat.] In addition, gifts from political committees are prohibited. [Sec.
112.31485, Fla. Stat.]
9. FORM 1X AND FORM 6X - Amendments to Form 1 and Form 6
These forms are provided for officers or employees who want to amend their previously filed Form 1 or
Form 6.
IV. AVAILABILITY OF FORMS
LOCAL OFFICERS and EMPLOYEES who must file FORM 1 annually will be sent the form by mail from
the Sup 'visor of Elections in the county in which they permanently reside not later than JUNE 1 of each year.
Newly a ected and appointed officials or employees should contact the heads of their agencies for copies of
the form or download it from www.ethics.state.fl.us, as should those persons who are required to file their final
disclosure statements within 60 days of leaving office or employment.
ELECTED CONSTITUTIONAL OFFICERS, OTHER STATE OFFICERS, and SPECIFIED STATE
EMPLOYEES who must file annually FORM 1 or 6 will be sent these forms by mail from the Commission on
Ethics by JUNE 1 of each year. Newly elected and appointed officers and employees should contact the
heads of their agencies or the Commission on Ethics for copies of the form or download it from
www.ethics.state.fl.us, as should those persons who are required to file their final disclosure statements within
60 days of leaving office or employment.
Any person needing one or more of the other forms described here may also obtain them from a
Supervisor of Elections or from the Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-
5709. They are also available on the Commission's website: www.ethics.state.fl.us.
V. PENALTIES
A. Non- criminal Penalties for Violation of the Sunshine Amendment and the Code of Ethics
Them are no criminal penalties for violation of the Sunshine Amendment and the Code of Ethics. Penalties
for viola ion of these laws may include: impeachment, removal from office or employment, suspension, public
censure, reprimand, demotion, reduction in salary level, forfeiture of no more than one -third salary per month
for no More than twelve months, a civil penalty not to exceed $10,000, and restitution of any pecuniary
benefits received, and triple the value of a gift from a political committee.
B. Penalties for Candidates
CANDIDATES for public office who are found in violation of the Sunshine Amendment or the Code of
Ethics may be subject to one or more of the following penalties: disqualification from being on the ballot,
public cdnsure, reprimand, or a civil penalty not to exceed $10,000, and triple the value of a gift received from
a political committee.
15
C. Penalties for Former Officers and Employees
FORMER PUBLIC OFFICERS or EMPLOYEES who are found in violation of a provision applicable to
former officers or employees or whose violation occurred prior to such officer's or employee's leaving public
office or employment may be subject to one or more of the following penalties: public censure and reprimand,
a civil penalty not to exceed $10,000, and restitution of any pecuniary benefits received, and triple the value of
a gift received from a political committee.
D. Penalties for Lobbyists and Others
An executive branch lobbyist who has failed to comply with the Executive Branch Lobbying Registration
law (see Part VIII) may be fined up to $5,000, reprimanded, censured, or prohibited from lobbying executive
branch agencies for up to two years. Lobbyists, their employers, principals, partners, and firms, and political
committees and committees of continuous existence who give a prohibited gift or honorarium or fail to comply
with the gift reporting requirements for gifts worth between $25 and $100, may be penalized by a fine of not
more than $5,000 and a prohibition on lobbying, or employing a lobbyist to lobby, before the agency of the
public officer or employee to whom the gift was given for up to two years. Any agent or person acting on
behalf of a political committee giving a prohibited gift is personally liable for a civil penalty of up to triple the
value of the gift.
Executive Branch lobbying firms that fail to timely file their quarterly compensation reports may be fined
$50 per day per principal for each day the report is late, up to a maximum fine of $5,000 per report.
E. Felony Convictions: Forfeiture of Retirement Benefits
Public officers and employees are subject to forfeiture of all rights and benefits under the retirement
system to which they belong if convicted of certain offenses. The offenses include embezzlement or theft of
public funds; bribery; felonies specified in Chapter 838, Florida Statutes; impeachable offenses; and felonies
committed with intent to defraud the public or their public agency. [Sec. 112.3173, Fla. Stat.]
F. Automatic Penalties for Failure to File Annual Disclosure
Public officers and employees required to file either Form 1 or Form 6 annual financial disclosure are
subject to automatic fines of $25 for each day late the form is filed after September 1, up to a maximum
penalty of $1,500. [Sec. 112.3144 and 112.3145, Fla. Stat.]
VI. ADVISORY OPINIONS
Conflicts of interest may be avoided by greater awareness of the ethics laws on the part of public officials
and employees through advisory assistance from the Commission on Ethics.
A. Who Can Request an Opinion
Any public officer, candidate for public office, or public employee in Florida who is in doubt about the
applicability of the standards of conduct or disclosure laws to himself or herself, or anyone who has the power
to hire or terminate another public employee, may seek an advisory opinion from the Commission about
himself or herself or that employee.
16
B. How to Request an Opinion
Opinions may be requested by letter presenting a question based on a real situation and including a
detailed description of the situation. Opinions are issued by the Commission and are binding on the conduct of
the person who is the subject of the opinion, unless material facts were omitted or misstated in the request for
the opinion. Published opinions will not bear the name of the persons involved unless they consent to the use
of their names; however, the request and all information pertaining to it is a public record, made available to
the Conmission and to members of the public in advance of the Commission's consideration of the question.
C. P-Iow to Obtain Published Opinions
All of the Commission's opinions are available for viewing or download at its website:
www.ethics.state.fl.us.
VII. COMPLAINTS
A. Citizen Involvement
The Commission on Ethics cannot conduct investigations of alleged violations of the Sunshine Amendment
or the Cpde of Ethics unless a person files a sworn complaint with the Commission alleging such violation has
occurred, or a referral is received, as discussed below.
If yop have knowledge that a person in government has violated the standards of conduct or disclosure
laws de$cribed above, you may report these violations to the Commission by filing a sworn complaint on the
form preiscribed by the Commission and available for download at www.ethics.state.fl.us. The Commission is
unable to take action based on learning of such misdeeds through newspaper reports, telephone calls, or
letters.
You Can obtain a complaint form (FORM 50), by contacting the Commission office at the address or phone
number shown on the inside front cover of this booklet, or you can download it from the Commission's
website: www.ethics.state.fl.us.
B. ?eferrals
The ommission may accept referrals from: the Governor, the Florida Department of Law Enforcement, a
State At orney, or a U.S. Attorney. A vote of six of the Commission's nine members is required to proceed on
such a rferral.
C. Confidentiality
The Complaint or referral, as well as all proceedings and records relating thereto, is confidential until the
accused requests that such records be made public or until the matter reaches a stage in the Commission's
proceedings where it becomes public. This means that unless the Commission receives a written waiver of
confidentiality from the accused, the Commission is not free to release any documents or to comment on a
complaint or referral to members of the public or press, so long as the complaint or referral remains in a
confidential stage.
17
A COMPLAINT OR REFERRAL MAY NOT BE FILED WITH RESPECT TO A CANDIDATE ON THE DAY OF ''`
THE ELECTION, OR WITHIN THE 30 CALENDAR DAYS PRECEDING THE ELECTION DATE, UNLESS IT IS
BASED ON PERSONAL INFORMATION OR INFORMATION OTHER THAN HEARSAY.
D. How the Complaint Process Works
Complaints which allege a matter within the Commission's jurisdiction are assigned a tracking number and
Commission staff forwards a copy of the original sworn complaint to the accused within five working days of its
receipt. Any subsequent sworn amendments to the complaint also are transmitted within five working days of
their receipt.
Once a complaint is filed, it goes through three procedural stages under the Commission's rules. The first
stage is a determination of whether the allegations of the complaint are legally sufficient: that is, whether they
indicate a possible violation of any law over which the Commission has jurisdiction. If the complaint is found not
to be legally sufficient, the Commission will order that the complaint be dismissed without investigation, and all
records relating to the complaint will become public at that time.
In cases of very minor financial disclosure violations, the official will be allowed an opportunity to correct or
amend his or her disclosure form. Otherwise, if the complaint is found to be legally sufficient, a preliminary
investigation will be undertaken by the investigative staff of the Commission. The second stage of the
Commission's proceedings involves this preliminary investigation and a decision by the Commission as to
whether there is probable cause to believe that there has been a violation of any of the ethics laws. If the
Commission finds no probable cause to believe there has been a violation of the ethics laws, the complaint will
be dismissed and will become a matter of public record. If the Commission finds probable cause to believe
there has been a violation of the ethics laws, the complaint becomes public and usually enters the third stage of
proceedings. This stage requires the Commission to decide whether the law was actually violated and, if so,
whether a penalty should be recommended. At this stage, the accused has the right to request a public hearing
(trial) at which evidence is presented or the Commission may order that such a hearing be held. Public
hearings usually are held in or near the area where the alleged violation occurred.
When the Commission concludes that a violation has been committed, it issues a public report of its
findings and may recommend one or more penalties to the appropriate disciplinary body or official.
When the Commission determines that a person has filed a complaint with knowledge that the complaint
contains one or more false allegations or with reckless disregard for whether the complaint contains false
allegations, the complainant will be liable for costs plus reasonable attorney's fees incurred by the person
complained against. The Department of Legal Affairs may bring a civil action to recover such fees and costs, if
they are not paid voluntarily within 30 days.
E. Dismissal of Complaints At Any Stage of Disposition
The Commission may, at its discretion, dismiss any complaint at any stage of disposition should it
determine that the public interest would not be served by proceeding further, in which case the Commission will
issue a public report stating with particularity its reasons for the dismissal. [Sec. 112.324(11), Fla. Stat.]
18
F. Statute of Limitations
All sworn complaints alleging a violation of the Sunshine Amendment or the Code of Ethics must be filed
with the Commission within five years of the alleged violation or other breach of the public trust. Time starts to
run on the day AFTER the violation or breach of public trust is committed. The statute of limitations is tolled on
the day a sworn complaint is filed with the Commission. If a complaint is filed and the statute of limitations has
run, the complaint will be dismissed. [Sec. 112.3231, Fla. Stat.]
VIII. EXECUTIVE BRANCH LOBBYING
Any person who, for compensation and on behalf of another, lobbies an agency of the executive branch of
state government with respect to a decision in the area of policy or procurement may be required to register as
an executive branch lobbyist. Registration is required before lobbying an agency and is renewable annually. In
addition, each lobbying firm must file a compensation report with the Commission for each calendar quarter
during any portion of which one or more of the firm's lobbyists were registered to represent a principal. As
noted above, no executive branch lobbyist or principal can make, directly or indirectly, and no executive branch
agency official or employee who files FORM 1 or FORM 6 can knowingly accept, directly or indirectly, any
expenditure made for the purpose of lobbying. [Sec. 112.3215, Fla. Stat.]
Paying an executive branch lobbyist a contingency fee based upon the outcome of any specific executive
branch action, and receiving such a fee, is prohibited. A violation of this prohibition is a first degree
misdemeanor, and the amount received is subject to forfeiture. This does not prohibit sales people from
receiving a commission. [Sec. 112.3217, Fla. Stat.]
Executive branch departments, state universities, community colleges, and water management districts are
prohibited from using public funds to retain an executive branch (or legislative branch) lobbyist, although these
agencies may use full -time employees as lobbyists. [Sec. 11.062, Fla. Stat.]
Addilonal information about the executive branch lobbyist registration system may be obtained by
contacting the Lobbyist Registrar at the following address:
Executive Branch Lobbyist Registration
Room G -68, Claude Pepper Building
111 W. Madison Street
Tallahassee, FL 32399 -1425
Phone: 850/922 -4987
IX. WHISTLE- BLOWER'S ACT
In 1 86, the Legislature enacted a "Whistle- blower's Act" to protect employees of agencies and
governm nt contractors from adverse personnel actions in retaliation for disclosing information in a sworn
complai t alleging certain types of improper activities. Since then, the Legislature has revised this law to
afford gr ater protection to these employees.
While this language is contained within the Code of Ethics, the Commission has no jurisdiction or
authority to proceed against persons who violate this Act. Therefore, a person who has disclosed
19
information alleging improper conduct governed by this law and who may suffer adverse consequences as a morof
result should contact one or more of the following: the Office of the Chief Inspector General in the
Executive Office of the Governor; the Department of Legal Affairs; the Florida Commission on Human
Relations; or a private attorney. [Sec. 112.3187 - 112.31895, Fla. Stat.]
X. ADDITIONAL INFORMATION
As mentioned above, we suggest that you review the language used in each law for a more detailed
understanding of Florida's ethics laws. The "Sunshine Amendment" is Article II, Section 8, of the Florida
Constitution. The Code of Ethics for Public Officers and Employees is contained in Part III of Chapter 112,
Florida Statutes.
Additional information about the Commission's functions and interpretations of these laws may be found in
Chapter 34 of the Florida Administrative Code, where the Commission's rules are published, and in The
Florida Administrative Law Reports, which until 2005 published many of the Commission's final orders. The
Commission's rules, orders, and opinions also are available at www.ethics.state.fl.us.
If you are a public officer or employee concerned about your obligations under these laws, the staff of the
Commission will be happy to respond to oral and written inquiries by providing information about the law, the
Commission's interpretations of the law, and the Commission's procedures.
XI. TRAINING
Constitutional officers are required to receive a total of four hours training, per calendar year, in the area Neje
of ethics, public records, and open meetings. The Commission on Ethics does not track compliance or certify
providers.
Through a project funded by the Florida Legislature, online training addressing Florida's Code of Ethics,
Sunshine Law, and Public Records Act is available. See www.iog.learnsomething.com for current fees. Bulk
purchase arrangements, including state and local government purchase orders, are available. For more
information, visit www.ethics.state.fl.us.
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