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JULY 79 1998 • GOVERNMENT -IN - THE -SUNSHINE MANUAL 1997 Edition A Reference For Compliance with Florida's Public Records and Open Meetings Laws Volume 19 w�chuvnhtrrl-hw-IHt-bUNbHINI; MANUAL PART GOVERNMENT -IN -THE -SUNSHINE LAW c A- WHAT IS THE SCOPE OF THE SUNSHINE LAW? Florida's Government -in -the -Sunshine -Law, commonly referred to as the Sunshine Law, provides a tight of access to governmental proceedings at both the state and local levels. The law is equally applicable to elected and appointed boards and has been applied to any gathering of two or more members of the same board to discuss some matter which will foreseeably come before that board for action. Thee are three basic requirements of s. 286.011, F.S.: (1) meetings of public boards or commissions roust be open to the public: (2) reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken. The Complete text of the Government in the Sunshine Law and related statutes may be found in Appendix B. A right of access to meetings of collegial public bodies is also recognized in the Florida Constitution. Article I, s. 24, Fla. Const., was approved by the voters in the November 1992 general election and became effective July 1. 1993. Virtually all collegial public bodies are covered by the open meetings mandate of the open government constitutional amendment with the exception of the judiciary and the state Legislature which has its own constitutional ng access. The only exceptions are those established by law or by the Constitution vision uThe Complete text of the amendment may be found in Appendix A of this Manual. The requiter ants of the Sunshine Law and Art. I, L 24, Fla Const., are discussed in detail in Part L Please refer to the Table of Contents or the Index for a listing of the specific subjects. B. WHAT AGENCIES ARE COVERED BY THE SUNSHINE LAW? 1. Are all public ageaies subject to the Sunshine Law? The Government -in -the -Sunshine Law applies to "any board or cotrunission of any state agcy or authority or of any agency or authority of any county, municipal corporation, or political subdivision." The statute thus applies to public collegial bodies within this sate, at the local as well as state level. City of Mimm Beach v. Gems, 245 So. 2d 38 (Fla. 1971).Itlt i�eoaal�v applicable to elected and appointed boards or commissions AGO 73-223. Florida courts have stated tat it was the Legislature's intent to extend application of the Sunshine Law so as to bind "every board or commission' of the state, or of any county or political subdivision over which it has dominion and control." Times Publishing Company Y. Williams, 222 So. 2d 470,473 (Fla. 2d DCA 1969), disapproved in parr on other grounds, Neu v Miami Herald Publishing Company, 462 So. 2d 821 (Fla. 1985). Federal agencies. i.e.. agencies created under federal law. operating within the state do not come within the purview of the state Sunshine Law. AGO 71-191. See also. Cincinnati Gas and Electric Company Y. General Electric many. 854 R2d 900 (6th Cir. 1998) (public has do rix ht of access to negotiations leading to -37- AGE'