Sunshine Law,Public Records Law,

State and Local Gift Law,and

State and Local Code of Ethics(Voting Conflicts & Disclosure)

Dana CrosbyAssistant County Attorney

January 4, 2011

Presentation Outline

Sunshine Law

Public Records Law

State and Local Gift Law

State and Local Code of Ethics

Sunshine Law

Legal References• Article I, Section 24, Florida Constitution• Section 286.011, Florida Statutes• Regulation 2.09, County Administrative

Regulations• Government-In-The-Sunshine Manual

Sunshine Law

General Rule• “All meetings in which official acts are

taken or public business is transmitted are public meetings open to the public at all times.”

Sunshine Law

Applies to meetings of 2 or more members of the BCC when discussing matters that may foreseeably come before the BCC

Applies to bid protest meetings with the BCC (Co. Admin. Reg. 9.01.14)

Applies to a board member and non-board member (staff) when latter individual is used as a liaison

Sunshine Law

“Reasonable” notice of all meetings must be provided • Two full working days

Meeting minutes must be taken by the Clerk and must be open for public inspection

Sunshine Law

Penalties• If one violates state law, fined up to

$500• If one knowingly violates, charged with

a 2nd degree misdemeanor• Fined up to $500• Imprisoned up to 60 days

Sunshine Law

Exceptions• Executive Sessions• Attorney-Client Sessions to discuss

settlement negotiations or litigation strategies (pending litigation)• Labor negotiations

Presentation Outline

Sunshine Law

Public Records Law

State and Local Gift Law

State and Local Code of Ethics

Public Records Law

Legal References• Article I, Section 24, Florida

Constitution• Section 119.07, Florida Statutes• Regulation 2.06, County Administrative

Regulations• Government-In-The-Sunshine Manual

Public Records Law

General Rule• “Every person has the right to inspect

or copy any public record made or received in connection with the transaction of official business by a public body.”

Public Records Law

Public records are:• Prepared or created to perpetuate,

communicate or formalize knowledge relating to official agency business

• All documents regardless of physical form, characteristics, or means of transmission (not limited to traditional written documents)

Public Records Law

Penalties• If one violates, fined up to $500• If one knowingly violates, subject to

removal from BCC and charged with a 1st degree misdemeanor

Exceptions• Personal Correspondence

Presentation Outline

Sunshine Law

Public Records Law

State and Local Gift Law

State and Local Code of Ethics

Gift Law

State gift law in state code of ethics -- Part III, Chapter 112, Florida Statutes

Additionally, County Commissioners have local gift restrictions in the County Charter and County Code

State Gift Law

Gifts• Definition includes:• Money• Meals• Services• Price Discounts

Basically, anything of value!

State Gift Law

Gifts• Prohibited from soliciting gifts for votes• May accept:• Gifts which will be transferred to a

charitable organization or governmental entity• Gifts from certain governmental

agencies and which are given for a public purpose• Gifts from relatives

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Local Gift Law

No gifts from Lobbyist or principal who retains a lobbyist.

Exceptions relating to food and beverage -- • Value <$35 and served at professional,

civic, charitable, nonprofit event • Served at a stand-alone event• Member is featured guest and invited in

official capacity AND event is open to public or other community leaders are invited and expected to attend

Also, gifts of de minimus value (<$5)

Presentation Outline

Sunshine Law

Public Records Law

State and Local Gift Law

State and Local Code of Ethics

(Financial Disclosure)

State Ethics Law

• State requires annual financial disclosure of all BCC members

• BCC members use CE Form 6• Assets, liabilities, sources of income,

net worth, and certain other information

• File by July 1st (for previous calendar year) with Commission on Ethics

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Local Code of Ethics

• Local code requires quarterly financial disclosure

• Commissioners Use Form OC CE 6.• Form is similar to state disclosure form

but also includes all other business entities in which RI had a significant interest during reporting period (>$1000 of assets or stock)

• Must supplement quarterly report with any new business relationship formation (within 1 week of formation) (OC CE 5)

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Local Code of Ethics

File quarterly financial disclosure and any supplements with Agenda Development office

-January 1 to March 31 (file by April 30)

-April 1 to June 30 (file by July 30)

-July 1 to September 30 (file by Oct 30)

-October 1 to December 31 (file by Jan 30)

Form can read “no change” but still must be filed.

Presentation Outline

Sunshine Law

Public Records Law

State and Local Gift Law

State and Local Code of Ethics (Voting

Conflicts & Disclosure)

State Ethics Law

Voting Conflicts & Disclosure• Must vote on a matter unless there is a

“conflict of interest” or an “appearance of conflict of interest” (s. 286.012, Florida Statutes)

State Ethics Law

• Must abstain from voting if “conflict of interest” exists

• May abstain from voting, if “appearance of conflict of interest” exists

• If abstain in either case, member must:• Disclose conflict to BCC before vote• File CE Form 8B

State Ethics Law

Examples:• “Conflict”: Voting on matter which directly

benefits public officer, family member or business associate

• “Appearance of Conflict”: Voting on matter that involves former business associate

Local Code of Ethics

• Appearance of Conflict is defined in the Local Code and requires member abstain from voting.

• Automatic appearance of conflict in matters involving business relationship in past 2 years

• Not applicable to relationship established before your term begins

• If member abstains, must:• Disclose conflict to BCC before vote• File CE Form 8B

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Local Code of Ethics

Requires additional disclosure for BCC:• Additional business relationship disclosure

(required within 1 year of favorable vote on matter) (OC CE Form 4)

Requires additional disclosure for applicants:• Applicant must disclose if applicant is an

employer of, has a business relationship with, or is a relative of the Mayor or member of the BCC.

If yes, BCC must have final review of Concurrency or Development Review Committee matters.

Questions?

Contact the County Attorney 407-836-7320