These are the overhead materials used in the presentation by county litigation attorney Bob Ott to the initial meeting of the Alachua Charter Review Commission covering the Sunshine Law. Click on the "[NEXT]" link at the top left to advance to the next overhead.

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1. BY STATUTE:
   Any Board or Commission of any state agency or authority of any county, municipal, corporation, or political subdivision.
2. BY COURT DECISION:
   It was the intent of the legislature to extend application of the Sunshine Law so as to bind "every board or commission of the state, or any county or political subdivision over which it has dominion and control...." including: Publicly created advisory boards whose powers are limited to making recommendations to a public agency and which possess no authority to bind that agency in any way ARE SUBJECT to the Sunshine Law. [Town of Palm Beach v. Gradison, 296 So.2d 473 (Fla. 1974)]

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1. MEETINGS of public entities OPEN to the PUBLIC.
2. Reasonable NOTICE of the meeting provided to the public.
3. MINUTES of the meeting are taken.

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1. TWO or more members of the same public entity are together:
   • In person
   • By telephone
   • By computer
2. One member delegated authority to act for all
3. INTENT:
   
   Public business will only be conducted in public
4. IMPACT:
   • Unless the three basic Sunshine Law requirements have been met:
   • You may NOT discuss "any matter which will foreseeably come before the (public entity of which you are a member)."
   • Exception: Making administrative arrangement such as meeting dates.
   • EXAMPLES

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1. Discussions between board members at meeting BEFORE meeting called to order.
2. Private discussions between board members DURING meeting.
   (The "audible discussions" rule)
3. Discussions between board members AFTER meeting adjourned (walking out the door).
4. Subcommittee meetings.
5. Two members of same advisory board meeting with Commissioner X.
6. One board member meets with Commissioner X.
7. Two members of different advisory boards meet with Commission X.
8. Two members of same advisory board run into each other at football game.
9. Two members of same advisory board have lunch together.

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1. Board member A sends board member B a letter suggesting future board action.
2. Board member B sends a response back to board member A.
3. Board member A sends letters to board member B, C, and D.
4. Board member A circulates for comment a letter to members B, C, and D.

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1. No secret ballots.
2. All members must vote - no abstentions UNLESS:
   1. Conflict of interest or appearance of conflict of interest.
   2. Conflict of Interest = matter would inure to the special private gain or loss of member or principal by whom retained. See: Section 112.3143, Fla. Stat.

1. Must be reasonable notice.
2. "Reasonable" is a sliding scale - but a least 24 hours notice.
3. Agenda - nice - but not required.
4. Items for discussion not on agenda?
   OK - because agenda not required in first place.

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1. Promptly written.
2. May be recorded -
   But still must be reduced to writing
3. What about private persons recording the meeting without consent of all?