Sunshine Recent Cases (Class Outline)

Question 1

What is the test to determine if a meeting shd be in the Sunshine?

Answer 1

What is its purpose.
If informational only, no need for sunshine.
Ex. County Admins negotiation w/ baseball team = informational only.

Question 2

What are the 3 requirements to comply w/ Sunshine?

Answer 2

SUNSHINE

1) Meetings must be open to the public
2) Reasonable public notice of such meetings must be given; and
3) Minutes of the meetings must be promptly prepared and open to public inspection.

Question 3

Is public comment part of the Sunshine?

Answer 3

No. BUT 286.0114 (not part of Sunshine) requires that w/ limited exceptions, provides opp for public coment.

Question 4

What are the rules re: time limits for speakers?

Answer 4

None.

Question 5

What are the 3 requirements for a meeting to comply w/ the Sunshine?

Answer 5

SUNSHINE

1) Open to the public
2) Reasonable notice; &
3) Minutes of meetings promptly prepared and open to public inspection.

Question 6

Is public comment part of the Sunshine?

Answer 6

No. BUT 286.0114 (not part of Sunshine) requires that w/ limited exceptions, provides opp for public comment.

Question 7

What are the rules re: time limits for speakers?

Answer 7

None.

Question 8

When must Board allow individual members speak, instead of just a representative?

Answer 8

No rule.

Question 9

Where find the uniform procedure whereby individual states his desire to be heard?

Answer 9

Nowhere.

Question 10

In sum, what is not specified, re: public comments?

Answer 10

No timing, procedure, rep v. mbrs, method of alerting interest to speak.

Question 11

What must LG do re: issues on speaking?

Answer 11

Provide guidelines for timing, procedure, how handle large groups, method of alerting desire to speak & designating a specific time for speaking.

Question 12

What portion of a meeting must be designated for public comment?

Answer 12

No rule.

Question 13

Must public speak at same meeting in which decision being made?

Answer 13

No.

Question 14

There is no requirement for public comment when it is acting in ___________ capacity.

Answer 14

Quasi-Judicial (other than parties).

Question 15

The rule to allow public comment does not apply when the Board is taking __________ type of action.

Answer 15

Ministerial.

Question 16

How does public get to speak on emergency decisions?

Answer 16

They don’t.

Question 17

What has to be done first so mbrs of P&Z commission can discuss P&Z matters @ community improvement association.

Answer 17

It is against Sunshine to discuss among themselves matters that will come before them, cloaked in a community town hall.

Question 18

What could court find particularly egregious about Bd mbrs talking among themselves about Bd matters @ a community event?

Answer 18

City atty told them to stop.

Question 19

Can a Bd make a rule that public only gets 3 minutes to speak once on the entire consent agenda, as opposed to each item on the regular agenda.

Answer 19

Yes.

Question 20

What does court look for when considering the Bd’s limitation on public’s comment on consent agenda?

Answer 20

Was the Bd intentionally utilizing evasive devices, i.e committed fraud, to deliberately dilute the public’s right to be heard?
Ex. Did the Bd flood consent agenda with controversial items to limit controversial discussions?

Question 21

Can Sunshine be avoided by holding virtual meetings?

Answer 21

No. Sunshine applies.

Question 22

Must a quorum of a local public board be physically present?

Answer 22

Yes. UNLESS:
1) Legislature has authorized virtual meetings for that board (as it has with state boards in Ch. 120, F.S.)
or
2) Lawful order suspending the physical quorum requirement due to a declared state of emergency.

Question 23

May school board advisory committees hold public meetings using communications media technology or must a quorum of the committee be physically present in the meeting room?
 Conclusion: Noting that the Governor’s Executive Order 20-69, authorizing local boards to hold virtual meetings has expired, the opinion concluded that the in-person quorum requirement that now applies to the school board also applies to the advisory committees.

Answer 23

School bd advisory committees are not exempt. Must hold public mtgs & have physical quorum.