Essay on "Holding Public Meetings in Florida"

Essay 4 pages (1091 words) Sources: 4

[EXCERPT] . . . .

Public Meetings in Florida

What is a Public Meeting in Florida?

A public meeting in Florida is defined as "any collegial public body of the executive branch of state government or of any collegial public body of a county, municipality, school district, or special district" according to the Florida Constitution (art. I. s. 24(b)) (DMLP, 2015). A meeting is defined as a gathering of two or more members of a public body, who convene to discuss or act with respect to official business/policy. A meeting may also be constituted when a fact-finding session or info-gathering session is held by a public body (DMLP, 2015). A meeting can be formal or informal. In fact, a telephone conversation or email exchange in which views are aired may even constitute a meeting. In such electronic exchanges, if only facts are shared then it does not meet the requirements of a public meeting (DMLP, 2015)

Requirements for Holding a Public Meeting

The requirements for holding a public meeting therefore:

1) two or more persons who are members of a board or commission

2) gathered to discuss and exchange views on a matter

3) the matter must be one in which "foreseeable action will be taken by the public board or commission" at some future point (DMLP, 2015).

To this end, there is a standardized or set procedure for holding a meeting which includes a call to order, reading/recording the minutes, giving reports, conducting business (such as resolutions or taking votes), receiving comments from the public (not a requirement, but special observance may be assigned in particular cases), and adjournment (Hurst, Lee, 2015).

3 Types of Government Meetings (Local, Elected Boards) Exempt from Public Meeting Requirements (They Can Close Public Access to the Portion of Meeting Dealing with These Purposes)

Three types of government meetings that are exempt from public meeting requirements are closed meetings wherein the State has allowed that meetings with a public body's lawyer regarding pending litigation, meetings in which strategy is discussed between the public body and its CEO with regard to collective bargaining, and meetings where in minors are involved or meetings wherein confidential records are discussed (DMLP, 2015).

The Importance of Not Having Public Access for These Portions

It is important that these types of meetings be closed to the public because they are dealing with sensitive issues that either concern only the board itself and the members therein or issues that are protected under privacy laws -- such as specific cases in which minors are concerned or in which confidential information must be disclosed. In these cases, it is in the best interest of the State that the public not be invited to the meetings because of the risk of information about specific persons or topics being communicated that should otherwise be kept private and protected under the law (DMLP, 2015; Open Records, 2015).

How Florida Law Defines a Public Record

Florida defines a public record as "the minutes of a meeting of any such board or commission of any such state agency or authority" -- these constitute the public records and are open for public inspection (The 2016 Florida Statutes, 2016).

10 Types of State and Local Government Records Exempt from Florida Law Requiring Public Access to Government Records (10 Types of… READ MORE

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