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

1. Florida’s Sunshine Law A Primer for Attorneys and Public Officials WELCOME to today’s webinar. Presentation is scheduled to begin at 1:30 PM. Please stand by.

2. Florida’s Sunshine Law A Primer for Attorneys and Public Officials Presented by:Susan H. Churuti,Bryant Miller Olive, PAandSandra C. Upchurch, Upchurch Watson White & Max Mediation Group

3. Florida’s Sunshine Law Public MeetingsSection 286.011,Florida Statutes Susan Churuti has been board certified in City, County and Local Government law since 1996

4. Florida’s Sunshine Law… What are the basic requirements? Meetings must be open to the public Reasonable notice of the meetings must be given Minutes must be taken Susan Churuti has served as general counsel for more than 50 boards, commissions and special districts.

5. Local governments Most public boards Local government board members including members of advisory boards Generally does not apply to staff or internal staff meetings. Florida’s Sunshine Law… What entities must comply? Sandra Upchurch is a member of the Upchurch Watson White & Max Governmental Affairs Practice Group.

6. Florida’s Sunshine Law… What subject matters or topics must be discussed “in the sunshine?” Any matter which may come before the governing body or board Sandra Upchurch authors a blog entitled The Local Government Charetteat http://uwwm-govaffairs.blogspot.com

7. Florida’s Sunshine Law… What forms of communication are subject to the Sunshine Law? All communications Basic methodologies such as verbal, written or telephonic Web 2.0 methodologies such as Twitter, Facebook, Linkedin, Instant Messages Bryant Miller Olive has offices in Washington, D.C., Atlanta, Tallahassee, Jacksonville, Orlando, Tampa and Miami.

8. Florida’s Sunshine Law What about the exchange of information between members of a board or governing body through a liason? The Upchurch Watson White & Max Mediation Group has offices in Orlando, Daytona Beach, Miami and Birmingham, AL.

9. Florida’s Sunshine Law Does the Sunshine Law prohibit me from attending a social function with colleagues on a public board? Susan Churuti was recently named Co-Chair of the Bryant Miller Olive State and Local Government Group.

10. Florida’s Sunshine Law… Are there exemptions from the Sunshine Law? Security Litigation Risk Management Personnel matters (collective bargaining) The Upchurch Watson White & Max Mediation Group has over 25 full-time mediators.

11. Florida’s Sunshine Law… Common issues: How to convene and conduct a mediation involving a governmental entity Delegations DAC Bidders Calendaring items Forum delegations such as Facebook and Twitter 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

12. Florida’s Sunshine Law… What can happen if the law is violated? Criminal penalties Removal from office Noncriminal penalties such as fines Attorneys’ fees Civil Actions Injunctive and declaratory relief 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.

13. Florida’s Sunshine Law Can steps be taken to cure a violation? 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.

14. Florida’s Sunshine Law Public RecordsChapter 119,Florida Statutes Susan Churuti was awarded the Ralph Marsciano Award for her significant contributions to the development of local government law in Florida.

15. Florida’s Sunshine Law… What record must be created for public meetings? Agenda Minutes Official written communications must be placed in the minutes Sandy Upchurch provided general counsel services to state and local governments for 15 years before joining the Upchurch Watson White & Max Mediation Group.

16. Florida’s Sunshine Law… Are my notes a public record? Notes and non-final drafts of agency proposals are public records Personal notes to help jog a memory are not public records Personal notes intended to communicate, perpetuate or formalize knowledge are public records To learn more about Susan Churuti and Bryant Miller Olive visit http://bmolaw.com

17. Florida’s Sunshine Law… What about all of the work I do on my computer – is that public, too? 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 Work related emails, Facebook entries, Tweets and Instant Messages are public record Upchurch Watson White & Max Mediation Group now offers the convenience of online scheduling at http://uww-adr.com

18. Florida’s Sunshine Law… Common public record issues: Computer screens / smart phone communications during meetings 911 operators Squad car computers 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.

19. Florida’s Sunshine Law… What can happen if the Public Records Law is violated? Knowing violations can mean jail time and a fine up to $1,000. Any violation can mean fines, civil actions, attorneys’ fees and court costs The Upchurch Watson White & Max Mediation Group recently formed a Special Master / Magistrate Services Practice Group which serves to shift some of the caseload off of Florida’s judicial system.

20. Florida’s Sunshine Law FL Bar Course # 2941-0 1.5 CLE Hrs. .5 Ethics Thank you for joining us! Susan Churuti www.bmolaw.com Email: schuruti@bmolaw.com 813-273-6667 Sandra Upchurch www.uww-adr.com Email: supchurch@uww-adr.com 800-264-2622 Upchurch Watson White & Max Mediation Group