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Florida’s Sunshine Law<br />A Primer for Attorneys and Public Officials<br />WELCOME to today’s webinar.<br /> Presentatio...
Florida’s Sunshine Law<br />A Primer for Attorneys and Public Officials<br />Presented by:Susan H. Churuti,Bryant  Miller ...
Florida’s Sunshine Law<br />Public MeetingsSection 286.011,Florida Statutes<br />Susan Churuti has been board certified in...
Florida’s Sunshine Law…<br />What are the basic requirements?<br />Meetings must be open to the public<br />Reasonable not...
Local governments<br />Most public boards<br />Local government board members including members of advisory boards<br />Ge...
Florida’s Sunshine Law…<br />What subject matters or topics must be discussed “in the sunshine?”<br />Any matter which may...
Florida’s Sunshine Law…<br />What  forms of communication are subject to the Sunshine Law?<br />All communications<br />Ba...
Florida’s Sunshine Law<br />What about the exchange of information between members of a board or governing body through a ...
Florida’s Sunshine Law<br />Does the Sunshine Law prohibit me from attending a social function with colleagues on a public...
Florida’s Sunshine Law…<br />Are there exemptions from the Sunshine Law?<br />Security<br />Litigation<br />Risk Managemen...
Florida’s Sunshine Law…<br />Common issues:<br />How to convene and conduct a mediation involving a governmental entity<br...
Florida’s Sunshine Law…<br />What can happen if the law is violated?<br />Criminal penalties<br />Removal from office<br /...
Florida’s Sunshine Law<br />Can steps be taken to cure a violation?<br />Susan Churuti  has been active in the Florida Bar...
Florida’s Sunshine Law<br />Public RecordsChapter 119,Florida Statutes<br />Susan Churuti was awarded the Ralph Marsciano ...
Florida’s Sunshine Law…<br />What record must be created <br />for public meetings?<br />Agenda<br />Minutes<br />Official...
Florida’s Sunshine Law…<br />Are my notes a public record?<br />Notes and non-final drafts of agency proposals are public ...
Florida’s Sunshine Law…<br />What about all of the work I do on my computer – is that public, too?<br />Purely personal em...
Florida’s Sunshine Law…<br />Common public record issues:<br />Computer screens / smart phone communications during meetin...
Florida’s Sunshine Law…<br />What can happen if the <br />Public Records Law is violated?<br />Knowing violations can mean...
Florida’s Sunshine Law<br />FL Bar Course #<br />2941-0<br />1.5 CLE Hrs.<br />.5 Ethics<br />Thank you for joining us!<br...
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Florida's Sunshine and Public Records Laws

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A primer for Florida attorneys and public officials who are facing Sunshine and Public Records law issues every day.

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Transcript of "Florida's Sunshine and Public Records Laws"

  1. 1. Florida’s Sunshine Law<br />A Primer for Attorneys and Public Officials<br />WELCOME to today’s webinar.<br /> Presentation is scheduled to begin at 1:30 PM.<br />Please stand by.<br />
  2. 2. Florida’s Sunshine Law<br />A Primer for Attorneys and Public Officials<br />Presented by:Susan H. Churuti,Bryant Miller Olive, PAandSandra C. Upchurch, Upchurch Watson White & Max Mediation Group<br />
  3. 3. Florida’s Sunshine Law<br />Public MeetingsSection 286.011,Florida Statutes<br />Susan Churuti has been board certified in <br />City, County and Local Government law since 1996<br />
  4. 4. Florida’s Sunshine Law…<br />What are the basic requirements?<br />Meetings must be open to the public<br />Reasonable notice of the meetings must be given<br />Minutes must be taken<br />Susan Churuti has served as general counsel for more than 50 boards, <br />commissions and special districts.<br />
  5. 5. Local governments<br />Most public boards<br />Local government board members including members of advisory boards<br />Generally does not apply to staff or internal staff meetings.<br />Florida’s Sunshine Law…<br />What entities must comply?<br />Sandra Upchurch is a member of the Upchurch Watson White & Max <br />Governmental Affairs Practice Group.<br />
  6. 6. Florida’s Sunshine Law…<br />What subject matters or topics must be discussed “in the sunshine?”<br />Any matter which may come before the governing body or board<br />Sandra Upchurch authors a blog entitled The Local Government Charetteat<br />http://uwwm-govaffairs.blogspot.com<br />
  7. 7. Florida’s Sunshine Law…<br />What forms of communication are subject to the Sunshine Law?<br />All communications<br />Basic methodologies such as verbal, written or telephonic<br />Web 2.0 methodologies such as Twitter, Facebook, Linkedin, Instant Messages<br />Bryant Miller Olive has offices in Washington, D.C., Atlanta, <br />Tallahassee, Jacksonville, Orlando, Tampa and Miami.<br />
  8. 8. Florida’s Sunshine Law<br />What about the exchange of information between members of a board or governing body through a liason?<br />The Upchurch Watson White & Max Mediation Group has offices in Orlando, Daytona Beach, Miami and Birmingham, AL.<br />
  9. 9. Florida’s Sunshine Law<br />Does the Sunshine Law prohibit me from attending a social function with colleagues on a public board?<br />Susan Churuti was recently named Co-Chair of the <br />Bryant Miller Olive State and Local Government Group.<br />
  10. 10. Florida’s Sunshine Law…<br />Are there exemptions from the Sunshine Law?<br />Security<br />Litigation<br />Risk Management<br />Personnel matters (collective bargaining)<br />The Upchurch Watson White & Max Mediation Group has over 25 full-time mediators. <br />
  11. 11. Florida’s Sunshine Law…<br />Common issues:<br />How to convene and conduct a mediation involving a governmental entity<br />Delegations<br />DAC<br />Bidders<br />Calendaring items<br />Forum delegations such as Facebook and Twitter<br />Pre-suit mediation can be a great way for governmental entities to control litigation costs – read “A Call to Pre-Suit Mediation” at http://uww-adr.com/resources<br />
  12. 12. Florida’s Sunshine Law…<br />What can happen if the law is violated?<br />Criminal penalties<br />Removal from office<br />Noncriminal penalties such as fines<br />Attorneys’ fees<br />Civil Actions<br />Injunctive and declaratory relief<br />Bryant Miller Olive has specialists in a diverse number of practice areas including but not limited to government procurement, governmental consulting, labor and employment, land use, public finance and state and local government.<br />
  13. 13. Florida’s Sunshine Law<br />Can steps be taken to cure a violation?<br />Susan Churuti has been active in the Florida Bar serving as Chair of the Eminent Domain Committee and the Chair of the City, County and Local Government Section.<br />
  14. 14. Florida’s Sunshine Law<br />Public RecordsChapter 119,Florida Statutes<br />Susan Churuti was awarded the Ralph Marsciano Award for her significant contributions to the development of <br />local government law in Florida.<br />
  15. 15. Florida’s Sunshine Law…<br />What record must be created <br />for public meetings?<br />Agenda<br />Minutes<br />Official written communications must be placed in the minutes<br />Sandy Upchurch provided general counsel services to state and local governments for <br />15 years before joining the Upchurch Watson White & Max Mediation Group.<br />
  16. 16. Florida’s Sunshine Law…<br />Are my notes a public record?<br />Notes and non-final drafts of agency proposals are public records<br />Personal notes to help jog a memory are not public records<br />Personal notes intended to communicate, perpetuate or formalize knowledge are public records<br />To learn more about Susan Churuti and Bryant Miller Olive visit <br />http://bmolaw.com<br />
  17. 17. Florida’s Sunshine Law…<br />What about all of the work I do on my computer – is that public, too?<br />Purely personal emails are not public records, but be warned there is no “expectation of privacy” for the communications you make on your government-owned computer<br />Work related emails, Facebook entries, Tweets and Instant Messages are public record<br />Upchurch Watson White & Max Mediation Group now offers the convenience of <br />online scheduling at http://uww-adr.com<br />
  18. 18. Florida’s Sunshine Law…<br />Common public record issues:<br />Computer screens / smart phone communications during meetings<br />911 operators<br />Squad car computers<br />Susan Churuti’s expertise include U.S. and state constitutional law, legislation, charters, eminent domain, elections, risk management, public construction, public finance, utilities, and procurement as well as litigation and appellate practice.<br />
  19. 19. Florida’s Sunshine Law…<br />What can happen if the <br />Public Records Law is violated?<br />Knowing violations can mean jail time and a fine up to $1,000.<br />Any violation can mean fines, civil actions, attorneys’ fees and court costs<br />The Upchurch Watson White & Max Mediation Group recently formed a <br />Special Master / Magistrate Services Practice Group which serves to shift some <br />of the caseload off of Florida’s judicial system.<br />
  20. 20. Florida’s Sunshine Law<br />FL Bar Course #<br />2941-0<br />1.5 CLE Hrs.<br />.5 Ethics<br />Thank you for joining us!<br />Susan Churuti<br />www.bmolaw.com<br />Email:<br />schuruti@bmolaw.com<br />813-273-6667<br />Sandra Upchurch<br />www.uww-adr.com<br />Email:<br />supchurch@uww-adr.com<br />800-264-2622<br />Upchurch Watson White & Max<br />Mediation Group<br />
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