COMPLIANCE WITH COMPLIANCE WITH SUNSHINE LAWSUNSHINE LAW

Sunshine LawSunshine Law

The Sunshine Law is established by The Sunshine Law is established by Article I, Section 24 of the Florida Article I, Section 24 of the Florida State Constitution and Chapter 286, State Constitution and Chapter 286, Florida Statutes.Florida Statutes.

SUNSHINE LAWSUNSHINE LAW

A collegial body is subject to the A collegial body is subject to the Sunshine Law. Any gathering (this Sunshine Law. Any gathering (this includes email communications) of includes email communications) of two or more members of the collegial two or more members of the collegial body to discuss some matter on body to discuss some matter on which foreseeable action will be which foreseeable action will be taken by the collegial body is taken by the collegial body is considered a meeting subject to considered a meeting subject to Sunshine Law requirements.Sunshine Law requirements.

Collegial BodyCollegial Body

Examples:Examples: CommissionCommission Advisory boardAdvisory board Ad hoc committeeAd hoc committee Task forceTask force

Collegial BodyCollegial Body

BUTBUT – – AHCA itself is not a collegial body.AHCA itself is not a collegial body. A meeting of staff is not a collegial A meeting of staff is not a collegial

body – unless those staff are meeting body – unless those staff are meeting as an appointed committee.as an appointed committee.

A collegial body that is appointed A collegial body that is appointed solely to conduct fact finding is not solely to conduct fact finding is not subject to the Sunshine Law.subject to the Sunshine Law.

Basic RequirementsBasic Requirements

The Sunshine Law imposes three basic The Sunshine Law imposes three basic requirements:requirements:

1.1. Meetings of the collegial body Meetings of the collegial body must be open to the must be open to the

publicpublic2.2. The collegial body must give The collegial body must give

“reasonable notice” of its “reasonable notice” of its meetingsmeetings

3.3. The collegial body must keep The collegial body must keep minutes of its meetingsminutes of its meetings

MEETINGSMEETINGS A “meeting” of a body subject to the Sunshine A “meeting” of a body subject to the Sunshine

Law is broadly defined to include any gathering – Law is broadly defined to include any gathering – formal or informal – during which two or more formal or informal – during which two or more members of the body discuss the official business members of the body discuss the official business of the body. Accordingly, business-related of the body. Accordingly, business-related discussions between members of the collegial discussions between members of the collegial body may only take place at open, properly-body may only take place at open, properly-noticed meetings. Members may not discuss the noticed meetings. Members may not discuss the business of the collegial body with each other business of the collegial body with each other through private phone conversations or e-mail through private phone conversations or e-mail discussions. Members may distribute documents discussions. Members may distribute documents to each other, but they may not discuss or to each other, but they may not discuss or exchange comments on those documents outside exchange comments on those documents outside of a public meeting.of a public meeting.

MEETINGSMEETINGS

In addition, members may discuss In addition, members may discuss business with third parties (i.e., non-business with third parties (i.e., non-members of the body), provided the members of the body), provided the members do not use a third party as members do not use a third party as a liaison for business-related a liaison for business-related communication with other members.communication with other members.

NOTICENOTICE

Requirements for notice of public Requirements for notice of public meetings is governed by Section meetings is governed by Section 120.525, Fla. Stat. These 120.525, Fla. Stat. These requirements are more specific than requirements are more specific than those of the Sunshine Law and those of the Sunshine Law and dictate the following:dictate the following:

NOTICENOTICE

Notice of public meetings, hearings, Notice of public meetings, hearings, and workshops shall be by and workshops shall be by publication in the Florida publication in the Florida Administrative Register not less than Administrative Register not less than 7 days before the event. The notice 7 days before the event. The notice shall include a statement of the shall include a statement of the general subject matter to be general subject matter to be considered.considered.

NOTICENOTICE An agenda shall be prepared in time to An agenda shall be prepared in time to

ensure that a copy of the agenda may be ensure that a copy of the agenda may be received at least 7 days before the event received at least 7 days before the event by any person in the state who requests a by any person in the state who requests a copy and who pays the reasonable cost of copy and who pays the reasonable cost of the copy. The agenda shall contain the the copy. The agenda shall contain the items to be considered in order of items to be considered in order of presentation. After the agenda has been presentation. After the agenda has been made available, a change shall be made made available, a change shall be made only for good cause, as determined by the only for good cause, as determined by the person designated to preside, and stated person designated to preside, and stated in the record. Notification of such change in the record. Notification of such change shall be at the earliest practicable time.shall be at the earliest practicable time.

MINUTESMINUTES

Although the Sunshine Law requires Although the Sunshine Law requires the collegial body to record minutes the collegial body to record minutes of its meetings, such minutes need of its meetings, such minutes need not be verbatim transcripts of the not be verbatim transcripts of the proceedings. A summary or notes of proceedings. A summary or notes of the meeting is sufficient. It is within the meeting is sufficient. It is within the collegial body’s discretion to the collegial body’s discretion to determine who is responsible for determine who is responsible for creating the minutes of meetings.creating the minutes of meetings.

SUNSHINE LAW AND PUBLIC SUNSHINE LAW AND PUBLIC RECORDS RECORDS

As a general matter, any As a general matter, any documents or other materials that documents or other materials that are (1) created or received by are (1) created or received by collegial body members, (2) related collegial body members, (2) related to the collegial body’s official to the collegial body’s official business are “public records” which business are “public records” which must be made available to the must be made available to the public for inspection and copying.public for inspection and copying.

EXAMPLES OF “PUBLIC RECORDS”EXAMPLES OF “PUBLIC RECORDS”

Reports – circulated drafts of such reportsReports – circulated drafts of such reports Business related correspondence between Business related correspondence between

collegial body members and AHCA, or any collegial body members and AHCA, or any member of the publicmember of the public

E-mail between collegial body members and E-mail between collegial body members and AHCA, or any member of the publicAHCA, or any member of the public

Personal notes of collegial body membersPersonal notes of collegial body members

These are all considered “public records” if These are all considered “public records” if theythey

are used to “perpetuate, communicate, or are used to “perpetuate, communicate, or

formalize knowledge.”formalize knowledge.”

CONFIDENTIAL INFORMATIONCONFIDENTIAL INFORMATION

It is possible that records created by the collegial It is possible that records created by the collegial body will include information that is considered body will include information that is considered confidential and exempt from the Public Records confidential and exempt from the Public Records Law. For example, some information which could Law. For example, some information which could conceivably come before the collegial body, such as conceivably come before the collegial body, such as Medicaid recipient identifying information and Medicaid recipient identifying information and medical records, is confidential and exempt. In the medical records, is confidential and exempt. In the event that a collegial body document were to event that a collegial body document were to include confidential information, the relevant include confidential information, the relevant portions of that document would have to be portions of that document would have to be redacted before the document could be released to redacted before the document could be released to the public. Collegial body members should also the public. Collegial body members should also take care during the public meetings not to discuss take care during the public meetings not to discuss information derived from such confidential records.information derived from such confidential records.