What are the consequences of violating the Sunshine Law?
Violations of Florida’s Sunshine Law can bring stiff and far reaching consequences, some of which are not just against the board members, commissioners, etc. involved. For starters, there can be criminal penalties. If a board member, commissioner, etc. knowingly violates the Sunshine Law, the individual is likely guilty of a second degree misdemeanor, which can include 60 days of imprisonment and a fine of up to $500.
Misconceptions about the Sunshine Law<\strong>
There are several misconceptions about Florida’s Sunshine Law that I would like to address in this third installment. One of the largest that I believe is slowly getting recognized and understood is the right to participate or comment in meetings falling under the requirements of Chapter 286, Florida Statutes.
Who and what does the Florida Sunshine Law cover?
Florida’s Sunshine Law promotes the state’s policy towards open government. In fact, it is required by Article I, Section 24 of the Florida Constitution. Does the open policy apply to every government entity in Florida, does it apply to all members of the government, its agencies, etc., and does it cover every type of meeting? The Sunshine Law applies to “any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision.” Section 286.011, Florida Statutes. Notice that the Sunshine Law applies to state, county, municipal or political subdivisions; it does not apply to federal agencies or federal entities of any type.
What is Florida’s Sunshine Law?
Florida has a long history of openness dating back to at least 1909 when the “Public Records Law” (Chapter 119, Florida Statutes) was passed. Since that time, Florida has enacted several laws and amended the Florida Constitution to ensure openness in the government. One important part of these statutes is Florida’s “Sunshine Law” (Chapter 286, Florida Statutes). So how far does this openness go and what type of openness does it provide?
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