If a Florida council member hosts a public forum other members attend, must it be noticed under the Sunshine Law?

Plain-English summary

The Hallandale Beach City Attorney asked whether a forum hosted by one city council member, open to the public, that other council members might attend and use to discuss matters likely to come before the city commission, had to be publicly noticed, and if so, by whom. Assistant Attorney General Joslyn Wilson answered that such a forum would be subject to the Sunshine Law, including its notice requirement.

The key point is that the Sunshine Law does not require a quorum. Section 286.011 reaches any gathering, formal or casual, of two or more members of the same board or commission to discuss something on which the board may foreseeably act. The law covers the discussion and deliberation stages, not just the final vote. The office distinguished this situation from a private forum sponsored by an outside organization, which members may attend to state their own views as long as they do not debate among themselves. Here the forum was hosted by a council member, with other members invited to participate in the discussion, so it functioned as a meeting of the body and had to comply with the open-meeting and notice rules of section 286.011(1).

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Section 286.011 has three core requirements: open meetings, reasonable notice, and minutes. The opinion stressed that the statute applies without regard to whether a quorum is present, citing Hough v. Stembridge, City of Miami Beach v. Berns, Board of Public Instruction of Broward County v. Doran, and Wolfson v. State. It applies to any gathering of two or more members of the same board to discuss matters on which foreseeable action will be taken.

The letter quoted Times Publishing Company v. Williams for the principle that the entire decision-making process, every thought and act of an official within the scope of official duties, is a matter of public concern, and noted the Florida Supreme Court's statement in Town of Palm Beach v. Gradison that the "collective inquiry and discussion stages" fall within the law. The office acknowledged its prior opinions allowing members to attend privately sponsored forums and express positions, provided they do not discuss issues among themselves. The decisive difference here was that a council member hosted the forum and invited colleagues to participate, which made it a meeting subject to section 286.011(1)'s requirement that the board or commission provide reasonable notice.

Common questions

Q: Does a public forum hosted by a council member have to be noticed?
A: Yes, according to this opinion, if other members attend and join the discussion of matters that may come before the body. It then functions as a meeting under section 286.011 and must be noticed.

Q: Does the Sunshine Law need a quorum to apply?
A: No. The opinion is explicit that no quorum is required. The law applies to any gathering of two or more members of the same board to discuss foreseeable business.

Q: Can a council member attend a forum hosted by an outside group?
A: The office's prior opinions allow members to attend privately sponsored forums and state their positions, so long as they do not discuss or debate the issues among themselves.

Q: Who has to give the notice?
A: Section 286.011(1) places the duty on the board or commission, which must provide reasonable notice of meetings subject to the law.

Citations and references

Statutes:

• s. 286.011, Fla. Stat. (Government in the Sunshine Law)
• s. 286.011(1), Fla. Stat. (open meetings and reasonable notice)

Cases:

• Times Publishing Company v. Williams, 222 So. 2d 470 (Fla. 2d DCA 1969), the entire decision-making process is covered
• Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DCA 1973); City of Miami Beach v. Berns, 245 So. 2d 38 (Fla. 1971); Board of Public Instruction of Broward County v. Doran, 224 So. 2d 693 (Fla. 1969); Wolfson v. State, 344 So. 2d 611 (Fla. 2d DCA 1977), no quorum required
• Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974), collective inquiry and discussion stages covered

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/public-forum-hosted-by-city-council-member
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/1792

Original opinion text

Mr. David Jove

Hallandale Beach City Attorney

400 South Federal Highway

Hallandale Beach, Florida 33009-6422

Dear Mr. Jove:

You ask whether a forum hosted by a city council member in which the public will be invited to attend and which other council members may attend and discuss matters which may foreseeably come before the city commission for action should be publicly noticed, and if so, by whom.

The Government in the Sunshine Law, section 286.011, Florida Statutes, provides a right of access to governmental proceedings at both the state and local levels. There are three basic requirements of section 286.011: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken.

As you are aware, the Sunshine Law extends to the discussions and deliberations as well as the formal action taken by a public board or commission. There is no requirement that a quorum be present for a meeting of members of a public board or commission to be subject to section 286.011, Florida Statutes. Rather, the statute is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission.[1] As the court recognized in Times Publishing Company v. Williams,[2] it is the how and the why officials decided to so act which interests the public, not merely the final decision:

"Every thought, as well as every affirmative act, of a public official as it relates to and is within the scope of his official duties, is a matter of public concern; and it is the entire decision-making process that the legislature intended to affect by the enactment of the statute before us." (emphasis supplied in original)

Thus, the Florida Supreme Court has stated that the "collective inquiry and discussion stages" are embraced within the terms of the statute.[3] The Sunshine Law is, therefore, applicable to all functions of covered boards and commissions, whether formal or informal, which relate to the affairs and duties of the board or commission. Thus, for example, this office has stated that a meeting with a congressman and city council members to discuss "federal budgetary matters which vitally concern their communities" should be held in the sunshine because "it appears extremely likely that discussion of public business by the council members [and perhaps decision making] will take place at the meeting."[4]

This office has recognized in a number of opinions that members of a public board or commission may attend private forums sponsored by private organizations and express their position about issues facing the commission without violating the Sunshine Law, so long as they do not discuss or debate the issues among themselves.[5] In your inquiry, however, the forum is not being hosted by a private entity, but by a city council member and other city council members will be invited to attend and participate in the discussion.

Accordingly, it appears that such a meeting would be subject to the requirements of the Government in the Sunshine Law, including the requirement that notice be provided. As set forth in section 286.011(1), Florida Statutes, in requiring that meetings of public boards be open to the public, "[t]he board or commission must provide reasonable notice of all such meetings."

I trust that the above informal comments may be of assistance to you in resolving this matter.

Sincerely,

Joslyn Wilson

Assistant Attorney General

JW/t

[1] See, e.g., Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DCA 1973). And see City of Miami Beach v. Berns, 245 So. 2d 38 (Fla. 1971); Board of Public Instruction of Broward County v. Doran, 224 So. 2d 693 (Fla. 1969); and Wolfson v. State, 344 So. 2d 611 (Fla. 2d DCA 1977).

[2] 222 So. 2d 470, 473 (Fla. 2d DCA 1969), disapproved in part on other grounds, Neu v. Miami Herald Publishing Company, 462 So. 2d 821 (Fla. 1985).

[3] Town of Palm Beach v. Gradison, 296 So. 2d 474, 477 (Fla. 1974).

[4] Informal Op. to the Honorable Bill Nelson, May 19, 1980.

[5] See, e.g., Ops. Att'y Gen. Fla. 00-68 (2000), 94-62 (1994), and 92-05 (1992).