R OBERTA K. B URFORD ( R. B.) S ENIOR D EPUTY G ENERAL C OUNSEL, USF

2 The Laws Florida Statutes, Chapter 286, the “Open Meetings Law,” often referred to as the “Sunshine Law” protects the public from “closed door” decision making and provides a right of access to governmental meetings Florida Statutes, Chapter 119, the “Public Records Law,” creates a right of access to records made or received in connection with official business of a public body

Florida Statutes Chapter 286 applies to all meetings of “any board or commission of any state agency or authority” If the Sunshine Law is applicable, it requires:  All meetings must be open meetings  Reasonable notice of meetings must be given  Minutes of meetings must be kept 3

Meetings  Must be open to the public; public has a right to attend and to comment as provided in USF BOT guidelinesUSF BOT guidelines  Include any discussions or deliberations, formal or casual, between two or more Board members about a matter on which the Board might foreseeably take action  Include workshops, telephone conversations, communications, seeing each other at the grocery store or a party 4

Reasonable Notice of Meetings  Reasonable notice is ample notice given to the public and press which reasonably and timely conveys all information necessary to enable them to choose to attend  “Reasonable” depends upon situation’s circumstances Meeting may not be held at facility/location inaccessible to public or which discriminates due to presence of physical barriers 5

Minutes must be recorded and open to public inspection Minutes are not verbatim transcript—but brief summary of meeting’s events Sound recordings may be used in addition to written minutes, but if used, must be retained. Not normally recommended by OGC 6

Votes must be publicly taken No secret ballots Roll call vote not required All members must vote (unless they have a conflict of interest) and the Minutes must so reflect by recording of the vote or counting a vote for each member 7

Committee meetings, e.g., faculty/staff or tenure and promotion meetings at the University are generally not open because those committees/groups are fact-finders If the Board or President delegates decision or policy making authority to a committee, such meetings are open, e.g., search and selection committees Per AG Opinion, meetings of boards of direct support organizations (DSOs) are “in the sunshine” New law (effective October 1, 2014) allows DSO Board discussion of plans or programs for either initiating or supporting research “out of the sunshine” 8

Sunshine Law broadly construed–exemptions narrowly construed No use of evasive devices  Circulation of written reports  Single staff member reporting to one member what the other members think about an issue which may foreseeably come before the entire body for vote 9

Second degree misdemeanor to knowingly violate Sunshine Law Possible removal from position Fine of $500 or less Reasonable attorneys’ fees Declaratory and injunctive relief Action taken at illegal meeting invalid 10

Florida Statutes Chapter 119 defines “public records” as:  All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material  Regardless of physical form or means of transmission  Made or received pursuant to law in connection with transaction of official business by the agency  Not applicable to truly personal or transitory records 11

Public Records Law applies to USF records Applies to all types of written records including letters, notes and s Law to be broadly construed, exemptions narrowly construed 12

USF records exempt from public disclosure include: Social Security Numbers Medical information Personnel information prior to 7/1/95 Academic evaluation of job performance Disciplinary records while discipline is in process Student records under FERPA Personal identifying information about employees of (animal) research facilities, including state universities Expanded exemption for data containing trade secrets as maintained on university computer network 13

DSO records generally exempt from disclosure, except for:  Auditor’s report  Management letter  Supplemental Data requested by the Board of Governors, University Board of Trustees, Florida Auditor General and the Florida Office of Program Policy Analysis and Government Accountability  Donor Identity (where donor desires to remain anonymous) is protected from disclosure and can’t be disclosed in auditor’s report 14

Requests can be:  Verbal or written  Made by any person  Requestor need not disclose reason for request USF has “reasonable” time to respond USF can bill the requestor for retrieving records if amount requested is voluminous 15

Does not require the creation or provision of records in the format requested versus the way we maintain Does not require verbal explanation by USF Does not require giving records to requestor at no cost 16

Please call the Office of the General Counsel if you have questions about  Florida Public Records’ law or  Florida Public Meetings’ law We’re here to help – really! 17