SUNSHINE LAWS - REDUX

Hi All,

Previously I Posted some Sunshine Law Information which was quite convoluted and information dense.



Elaine Brown found an interesting case therein which may be very much "On Point" as regards applicability of the Florida Sunshine Laws to UCO:



SHOW UP AT THE DELEGATE ASSEMBLY FRIDAY JULY 11, 2008

AND HELP RESTORE DEMOCRACY TO CENTURY VILLAGE



BLOCK ANY ATTEMPT TO CLOSE OR RESTRICT UCO COMMITTEE MEETINGS.



Dave Israel



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REF:



http://myfloridalegal.com/ago.nsf/Opinions/178D106186D9351B852562A700749FB4





Recently, this office was asked whether a not-for-profit corporation operating as the direct-support organization for The John and Mable Ringling Museum of Art, a public museum, was subject to s. 286.011, F.S.

The corporation was created pursuant to statute for the purpose of assisting the museum in carrying out its functions; its board members were the same individuals who served on the board of trustees of the public agency, its offices were located at the museum and the organization was authorized to use museum property.

Based upon these factors, this office in AGO 92-53 concluded that the board of directors of the direct support organization was subject to s. 286.011, F.S.[4]

Enterprise Florida, Inc. (Enterprise), was created as a nonprofit corporation by s. 2, Ch. 92-277, Laws of Florida.[5] The Legislature, finding the responsibility for the state's economic development fragmented among various state and local agencies and private entities, determined that there was a need for such efforts to be strengthened and coordinated in order to ensure the creation of high-quality jobs and a rising standard of living for all state residents.[6]

Pursuant to the act, Enterprise "shall be registered, incorporated, organized, and operated in compliance with chapter 617, Florida Statutes, but . . . shall have only the powers and obligations enumerated in sections 1-7" of Ch. 92-277, Laws of Florida.[7]

The membership of the Board of Directors of Enterprise is statutorily prescribed and consists of certain state officials or individuals who have been appointed by certain governmental public officials.[8]

The act prescribes the manner of appointment of the board members, their terms of office, and how vacancies are to be filled; it further requires members of the board, not otherwise required to do so, to file full and public disclosure of financial interests at the times and places and in the same manner required of elected constitutional officers under s. 8, Art. II, State Const.[9]

An examination of Ch. 92-277, Laws of Florida, clearly indicates that Enterprise, although acting as a nonprofit corporation, is subject to the dominion and control of the Legislature.

Accordingly, meetings of the board of directors in carrying out its functions must comply with the requirements of s. 286.011, F.S. Therefore, I am of the opinion that the Board of Directors of Enterprise Florida, Inc., which is created pursuant to statute, and composed of public officials or individuals appointed by public officials, and whose powers and duties are statutorily prescribed, is subject to the Government in the Sunshine Law. Thus, meetings of the board, or any committee thereof, regarding the selection of a recruitment company must comply with s. 286.011, F.S.