HomeMy WebLinkAboutFYI Sunshine Law-Public Meetings & Auditors Sunshine Law-Public Meetings-Alert regarding "auditors". From Preferred Panel Counsel Roper P.A.
A gentle reminder to our public entity membership, especially special districts (including Community
Development Districts (CDD)), that board meetings and other official meetings of the public entity are
subject to Florida's Sunshine Law (Section 286.011 F.S.). See e.g., Section 109.006(9) F.S., governing
CDDs - "All meetings of the board shall be open to the public and governed by the provisions of chapter
286."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).Accord Florida Citizens Alliance, Inc. v. School Board of Collier County, 328 So. 3d 22
(Fla. 2d DCA 2021).
Said meetings are therefore open to the general public, regardless of whether the attendee is a resident/
member of the entity/district/community. That statute requires that all meetings of any board or
commission of any or political subdivision of the state, at which official acts are to be taken, are declared
to be public meetings open to the public, at all times. The law further provides that no resolution, rule,
or formal action shall be considered binding except as taken or made at such meeting and that the board
or commission must provide reasonable notice of all such meetings. The location of such meetings must
be open to and accessible by the general public. Public boards or commissions, therefore, are advised to
avoid holding meetings at places where the public and the press are effectively excluded.AGO 71-295.
Facilities which are owned or operated by the public entity are not considered to be "private property".
co Further, members of the public are permitted to videotape or otherwise record the proceedings. Pinellas
c County School Board v. Suncam, Inc., 829 So. 2d 989 (Fla. 2d DCA 2002) (school board's ban on
g unobtrusive videotaping invalid).Accord AGO 91-28. However, attendees at such public meetings are
not allowed to disrupt the proceedings and must comply with all of the entity's procedural rules related
E to maintaining order and decorum.
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ce We have become aware of certain so-called"government auditors"who have recently been making
the rounds of various special district meetings, with video cameras, demanding that they be allowed
to attend the scheduled board meeting. They are hoping to provoke a negative reaction, including the
refusal to allow their entry to the meeting or having staff contact law enforcement to have them removed
from the premises. Depending upon the nature of the response which they elicit, they could then proceed
to post the encounter on the internet, file a civil suit alleging either a violation of the Sunshine law, or
even assert a claim for false arrest, battery, etc.A party successfully bringing suit for a violation of the
Sunshine Law is entitled to recover its attorney's fees and costs incurred in prosecuting that claim, from
the public entity. Further, any public officer who violates any provision of the statute may be found
to be guilty of a noncriminal infraction, punishable by fine not exceeding $500. Tort claims for false
arrest, battery, etc., would obviously implicate the entity's potential exposure for damages.An example
of this auditing activity described above can be found at the following link: https://www.youtube.com/
watch?v=1 uBxDBLj dWI.
Understanding that your entity may have to address this issue in the future, we recommend that you
insure that the location of your official board meetings is accessible to the general public and grant
access to any member of the public seeking to attend the meeting, regardless of whether they are a
resident of the community. We further recommend that you allow attendees to record the proceedings,
provide that they are not disruptive or threatening. In our experience, once these individuals realize that
they will not provoke the desired reaction, they will quickly move on to the next target. We would also
recommend that you consult with your agency's legal counsel to address any specific concerns or issues
which you may encounter.