Judges: Robert A. Butterworth Attorney General
Filed Date: 2/9/2000
Status: Precedential
Modified Date: 7/5/2016
Mr. Terry E. Lewis Attorney at Law Post Office Box 10788 Tallahassee, Florida 32302
Dear Mr. Lewis:
On behalf of the Bonita Springs Fire and Rescue District, you ask substantially the following questions:
1. Are meetings of the Lee County Fire Commissioner's Forum subject to section
2. Are meetings of the Forum required to be advertised pursuant to section
3. If meetings of the Forum are required to be advertised, does the publication of the regular meeting schedule one time per year pursuant to section
In sum:
1. Meetings of the Lee County Fire Commissioner's Forum at which two or more members of the same district's board are present and discuss matters that may foreseeably come before the board for official action are subject to section
2. The Forum is not required to advertise its meetings pursuant to section
3. The Lee County Fire Commissioner's Forum may not use the notice and publication schedule in section
The Bonita Springs Fire Control and Rescue District is one of seventeen independent special fire control districts operating in Lee County. Duly elected fire commissioners govern each district and it is conceded that district commission meetings are subject to section
You state that the Lee County Fire Commissioner's Forum is a nonprofit corporation created by the fire control and rescue districts in Lee County. The Forum has a five-member board of directors and elected officers. Membership is limited to the fire control districts in Lee County. The Forum is typically a monthly informal meeting attended by fire chiefs and fire commissioners of the various local governments in Lee County. While no policy making or decision making takes place at the meetings, on some occasions more than one commissioner from a specific district may attend the same meeting and matters may be discussed that may foreseeably come before a district for consideration.
Question One
Section
Florida courts have repeatedly stated that the entire decision-making process is subject to the Sunshine Law, and not just the formal assemblage of a public body at which voting to ratify an official decision is carried out. The statute extends to discussions and deliberations as well as to formal action taken by a public body.2 Therefore, the law is generally applicable to any gathering where two or more members of a public board or commission discuss some matter on which foreseeable action will be taken by that board or commission.
While you have stated that no official action is taken at the meetings of the Forum, you indicate that discussions may involve multiple members of the same board or commission on matters that may foreseeably come before such entity in the future. In those instances where two or more members of the same board or commission discuss such matters, the meeting would clearly be subject to the requirements of section
It is well settled that there is no "government by delegation" exception to the Sunshine Law such that public agencies may avoid their responsibilities and conduct public business in secret by use of an alter ego.3 Moreover, Florida case law supports a liberal application of the Sunshine Law to give effect to its public purpose.4 It would be consistent with the purpose of the Government in the Sunshine Law to find that the creation of an established monthly forum by the various fire control and rescue districts in Lee County, with a board of directors, elected officers and members meeting to potentially engage in incipient decision making affecting the districts, is a board or commission subject to the requirements of section
This office has consistently found that a board or commission created by a public agency or entity is subject to section
Accordingly, it is my opinion that meetings of the Lee County Fire Commissioner's Forum at which two or more members of the same district board discuss matters that may foreseeably come before the board for official action must comply with the requirements of section
Question Two
Section
For purposes of Chapter
Question Three
In light of the conclusion in Question Two, the Lee County Fire Commissioner's Forum may not use the notice and publication requirements in section
Under the Sunshine Law, boards subject to its requirements must provide "reasonable notice" of all meetings.9 While the term "reasonable notice" has not been statutorily defined, this office has recognized that the type of notice that must be given is variable and will depend on the facts of the situation and the board involved.10 In each case, however, an agency must give notice at such time and in such manner as to enable interested members of the public to attend the meeting.11
Sincerely,
Robert A. Butterworth Attorney General
RAB/tgk
"Every step in the decision-making process, including the decision itself, is a necessary preliminary to formal action. It follows that each such step constitutes an `official act,' an indispensable requisite to `formal action,' within the meaning of the act."
"1. the notice should contain the time and place of the meeting and, if available, an agenda (or if no agenda is available, subject matter summations might be used);
2. the notice should be prominently displayed in the area in the agency's offices set aside for that purpose, e.g., for cities, in city hall;
3. emergency sessions should be afforded the most appropriate and effective notice under the circumstances and special meetings should have at least 24 hours reasonable notice to the public; and
4. the use of press releases and/or phone calls to the wire services and other media is highly effective. On matters of critical public concern such as rezoning, budgeting, taxation, appointment of public officers, etc., advertising in the local newspapers of general circulation would be appropriate."
Wood v. Marston , 442 So. 2d 934 ( 1983 )
Board of Public Instruction of Broward Cty. v. Doran , 224 So. 2d 693 ( 1969 )
Yarbrough v. Young , 462 So. 2d 515 ( 1985 )
Krause v. Reno , 366 So. 2d 1244 ( 1979 )
Hough v. Stembridge , 278 So. 2d 288 ( 1973 )
Town of Palm Beach v. Gradison , 296 So. 2d 473 ( 1974 )
IDS Properties, Inc. v. Town of Palm Beach , 279 So. 2d 353 ( 1973 )
Times Publishing Company v. Williams , 222 So. 2d 470 ( 1969 )