Sunshine Law,
Public Records Law,
State and Local Gift Law,
and
State and Local Code of Ethics
(Voting Conflicts & Disclosure)
Dana Crosby
Assistant County Attorney
January 4, 2011
Presentation Outline
 Sunshine Law
 Public Records Law
 State and Local Gift Law
 State and Local Code of Ethics
Sunshine Law
 Legal References
• Article I, Section 24, Florida Constitution
• Section 286.011, Florida Statutes
• Regulation 2.09, County Administrative
Regulations
• Government-In-The-Sunshine Manual
Sunshine Law
 General Rule
• “All meetings in which official acts are
taken or public business is transmitted
are public meetings open to the public
at all times.”
Sunshine Law
 Applies to meetings of 2 or more
members of the BCC when discussing
matters that may foreseeably come
before the BCC
 Applies to bid protest meetings with the
BCC (Co. Admin. Reg. 9.01.14)
 Applies to a board member and nonboard member (staff) when latter
individual is used as a liaison
Sunshine Law
 “Reasonable” notice of all meetings
must be provided
• Two full working days
 Meeting minutes must be taken by the
Clerk and must be open for public
inspection
Sunshine Law
 Penalties
• If one violates state law, fined up to
$500
• If one knowingly violates, charged with
a 2nd degree misdemeanor
• Fined up to $500
• Imprisoned up to 60 days
Sunshine Law
 Exceptions
• Executive Sessions
• Attorney-Client Sessions to discuss
settlement negotiations or litigation
strategies (pending litigation)
• Labor negotiations
Presentation Outline
 Sunshine Law
 Public Records Law
 State and Local Gift Law
 State and Local Code of Ethics
Public Records Law
 Legal References
• Article I, Section 24, Florida
Constitution
• Section 119.07, Florida Statutes
• Regulation 2.06, County Administrative
Regulations
• Government-In-The-Sunshine Manual
Public Records Law
 General Rule
• “Every person has the right to inspect
or copy any public record made or
received in connection with the
transaction of official business by a
public body.”
Public Records Law
 Public records are:
• Prepared or created to perpetuate,
communicate or formalize knowledge
relating to official agency business
• All documents regardless of physical
form, characteristics, or means of
transmission (not limited to traditional
written documents)
Public Records Law
 Penalties
• If one violates, fined up to $500
• If one knowingly violates, subject to
removal from BCC and charged with a
1st degree misdemeanor
 Exceptions
• Personal Correspondence
Presentation Outline
 Sunshine Law
 Public Records Law
 State and Local Gift Law
 State and Local Code of Ethics
Gift Law
 State gift law in state code of ethics -Part III, Chapter 112, Florida Statutes
 Additionally, County Commissioners
have local gift restrictions in the County
Charter and County Code
State Gift Law
 Gifts
• Definition includes:
• Money
• Meals
• Services
• Price Discounts
 Basically, anything of value!
State Gift Law
 Gifts
• Prohibited from soliciting gifts for votes
• May accept:
• Gifts which will be transferred to a
charitable organization or
governmental entity
• Gifts from certain governmental
agencies and which are given for a
public purpose
• Gifts from relatives
Local Gift Law
 No gifts from Lobbyist or principal who
retains a lobbyist.
 Exceptions relating to food and beverage -• Value <$35 and served at professional,
civic, charitable, nonprofit event
• Served at a stand-alone event
• Member is featured guest and invited in
official capacity AND event is open to
public or other community leaders are
invited and expected to attend
Also, gifts of de minimus value (<$5)
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Presentation Outline
 Sunshine Law
 Public Records Law
 State and Local Gift Law
 State and Local Code of Ethics
(Financial Disclosure)
State Ethics Law
• State requires annual financial
disclosure of all BCC members
• BCC members use CE Form 6
• Assets, liabilities, sources of income,
net worth, and certain other
information
• File by July 1st (for previous calendar
year) with Commission on Ethics
Local Code of Ethics
• Local code requires quarterly financial
disclosure
• Commissioners Use Form OC CE 6.
• Form is similar to state disclosure form
but also includes all other business
entities in which RI had a significant
interest during reporting period (>$1000
of assets or stock)
• Must supplement quarterly report with any
new business relationship formation (within 1
week of formation) (OC CE 5)
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Local Code of Ethics
File quarterly financial disclosure and any
supplements with Agenda Development
office
-January 1 to March 31 (file by April 30)
-April 1 to June 30 (file by July 30)
-July 1 to September 30 (file by Oct 30)
-October 1 to December 31 (file by Jan 30)
Form can read “no change” but still must be filed.
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Presentation Outline
 Sunshine Law
 Public Records Law
 State and Local Gift Law
 State and Local Code of Ethics (Voting
Conflicts & Disclosure)
State Ethics Law
 Voting Conflicts & Disclosure
• Must vote on a matter unless there is a
“conflict of interest” or an “appearance of
conflict of interest” (s. 286.012, Florida
Statutes)
State Ethics Law
• Must abstain from voting if “conflict of
interest” exists
• May abstain from voting, if “appearance of
conflict of interest” exists
• If abstain in either case, member must:
• Disclose conflict to BCC before vote
• File CE Form 8B
State Ethics Law
 Examples:
• “Conflict”: Voting on matter which
directly benefits public officer, family
member or business associate
• “Appearance of Conflict”: Voting on
matter that involves former business
associate
Local Code of Ethics
• Appearance of Conflict is defined in the Local
Code and requires member abstain from voting.
• Automatic appearance of conflict in matters
involving business relationship in past 2 years
• Not applicable to relationship established
before your term begins
• If member abstains, must:
• Disclose conflict to BCC before vote
• File CE Form 8B
Local Code of Ethics
 Requires additional disclosure for BCC:
• Additional business relationship disclosure
(required within 1 year of favorable vote on
matter) (OC CE Form 4)
 Requires additional disclosure for applicants:
• Applicant must disclose if applicant is an
employer of, has a business relationship
with, or is a relative of the Mayor or member
of the BCC.
If yes, BCC must have final review of Concurrency or
Development Review Committee matters.
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Questions?
Contact the County Attorney
407-836-7320