Government in the Sunshine

About the Webinar:

We apologize that the audio for this session was not usable, and therefore we are unable to provide the video recording. However, the presentation slides are available below.

This session provided an in-depth review of Florida’s Sunshine Law and its implications for charter school boards. Kathleen Schoenberg explained that all board meetings where official action is taken must be open to the public, with proper notice, minutes, and opportunities for participation. The Sunshine Law applies broadly, including to advisory committees, electronic communications, and even informal discussions between two or more board members when matters may come before the board. Schoenberg walked participants through requirements for meeting procedures—such as reasonable notice, accessible locations, and accurate recordkeeping—and emphasized that violations can render actions void or lead to penalties.

The session also highlighted recent court rulings shaping how public comment rules are applied, including the 2024 Moms for Liberty v. Brevard County case. This case underscored the need for boards to ensure their policies are reasonable, viewpoint-neutral, and consistently applied, as inconsistent or overly broad enforcement can be deemed unconstitutional. Schoenberg reviewed examples from the news and stressed that while boards may adopt rules for orderly conduct, they must balance efficiency with protecting public access and participation rights.

Finally, Schoenberg discussed exceptions and corrective actions, including attorney-client meetings, collective bargaining, and security discussions that are exempt from the Sunshine Law. She also explained that violations may be cured through subsequent fully compliant meetings, provided open deliberation occurs. The presentation closed with a reminder that boards must operate transparently, not only to comply with the law but also to build trust with their communities and authorizers.