Assistant county attorney reviews Florida Sunshine and public-records rules with ECHO advisory board

Sabrina Slack, assistant county attorney for Volusia County, told the ECHO Advisory Board during its regular meeting that the Florida Sunshine Law and state public-records rules govern how board members must conduct business and retain documents.

Slack said the Sunshine Law "is derived from the Florida Constitution" and outlined three core requirements for public bodies: meetings must be open, notice must be reasonable and minutes must be taken. She warned members that informal back-and-forths, social‑media exchanges among two or more members and side conversations during meetings can trigger violations.

Slack described how the law treats communications: one-way communications to constituents are generally permitted, but two-way exchanges between board members about matters likely to come before the board create a prohibited meeting. She also explained the county’s practice that staff will post notices and maintain minutes and records for advisory boards.

On public records, Slack told the board that most documents, emails and written materials created in connection with official business are public records subject to Chapter 119, Florida Statutes, unless a specific exemption applies. She warned that a verbal request for a public record is technically a valid request and that staff should be notified so the county can respond promptly.

Slack summarized penalties and practical rules: unintentional Sunshine violations carry fines; more serious or knowing violations can be criminally prosecuted; public‑records penalties range up to a first‑degree misdemeanor for willful violations; and copying fees are statutorily set at 15 cents a page. She urged members to give public records to staff so the county becomes the custodian and can archive them under the retention schedule.

Board members asked how the rules apply to community presentations, social media and county‑affiliated pages. Slack said a single board member may speak to a community group as a one‑way communication but cautioned that two or more members participating together on such a panel could constitute a noticed meeting. On social media, she cautioned against multiple members engaging in the same thread about board business, which could trigger a Sunshine violation.

Slack closed with practical guidance: avoid side conversations during meetings about board business, refer public‑records requests to staff, and call the legal department for advice when in doubt. The board resumed its agenda after the training.