Bill proposes to cloud Sunshine Law by letting elected officials meet privately
The Florida Constitution and the state’s famed Sunshine Law give residents the right to know about and observe meetings held by the elected officials who represent them and make decisions on their behalf.
But a bill going to the state House floor on Friday would effectively thwart significant aspects of that constitutional guarantee and potentially render it meaningless by allowing local elected officials — from city and county commissioners to school board members — to meet behind closed doors and discuss public matters in secret.
The proposed law (HB 843) from Naples Republican Rep. Byron Donalds would exempt from open meetings requirements any gatherings between two members of a local, county or state agency board or commission. Those officials wouldn’t have to give any notice about their meeting and they wouldn’t have to keep any records of what they discuss. (The exemption would apply to boards or commissions with at least five members.)
Donalds argues the Sunshine Law needs to be more practical in letting local elected officials conduct public business.
“If we’re going to be honest with ourselves and have a balance between proper governance and transparency, it is incumbent on local officials to be able to talk with each other so they come up with the best solutions possible,” said Donalds, whose wife, Erika, is an elected school board member in Collier County.
“This is where we have to be adults about this,” Donalds added. “Not every conversation is ready for public consumption.”
A companion bill in the Senate (SB 1004) from conservative Sen. Dennis Baxley, R-Ocala, was not heard, so it’s unlikely Donalds’ proposal will become law this year even if it passes the House. A floor vote is expected Monday.
Meanwhile, advocates for open government say the proposal “raises serious constitutional questions.” Florida voters approved a constitutional amendment in 1992 that guarantees the public’s right of access to public meetings.
“I understand the Sunshine Law can be inconvenient. It can be uncomfortable,” Aventura Democratic Rep. Joseph Geller said. “Inconvenient and uncomfortable is not a substitute for the public’s right to know the public’s business and how the public’s business is being conducted.”
First Amendment Foundation President Barbara Petersen wrote to Donalds that his proposal “precludes any meaningful opportunity for public oversight and accountability” and “invites pernicious mischief by our elected officials.”
▪ The Florida House is gearing up to pass a bill that would ban “sanctuary city” policies statewide and punish the local officials who supported those measures.
The bill (HB 697) debated Thursday on the full floor intends to force local officials into complying with federal authorities and threatens those who refuse to do so with hefty penalties and a potential oust from office.
▪ Florida could become the first state to issue what’s essentially a birth certificate for women who’ve had miscarriages under a bill the Legislature sent to Gov. Rick Scott on Thursday.
The Grieving Families Act would give parents the option of receiving a state-issued certificate if a pregnancy is lost between nine weeks and 20 weeks of gestation.
“The parent can name the child if they have a gender or they can just name it Baby Smith,” said Republican Rep. Bob Cortes, the bill’s House sponsor.
Information from the Associated Press was used in this report.
This story was originally published April 27, 2017 at 7:41 PM with the headline "Bill proposes to cloud Sunshine Law by letting elected officials meet privately."