County attorney reviews Sunshine Law, public-records and conflict-of-interest rules with tourism council

Nassau County’s attorney gave a statutory overview of Florida’s Sunshine Law and public-records obligations during the Amelia Island Tourist Development Council meeting on Feb. 12, emphasizing transparency, limits on member-to-member communications and penalties for violations.

The County Attorney opened by saying the "umbrella of our Sunshine Law and open records, is government transparency," and framed the guidance around three requirements: meetings must be open to the public, reasonable notice must be given and minutes must be maintained. The attorney told members that discussions between two or more council members about matters that could foreseeably come before the council must occur at a publicly noticed meeting.

The attorney reviewed commonly asked topics: electronic communications (including texts, emails and social media) can create Sunshine Law exposure if two or more members discuss board business; members should avoid replying-all when emails go to multiple members; staff can be consulted for information but should not be asked to poll or try to influence other members; and public-records requests must be submitted through the county portal and are subject to public-records law. The attorney said requesters are not required to state a reason and that custodians must process requests; exemptions (for example, Social Security numbers) can be redacted.

On voting and conflicts, the attorney cited Florida Statute 286.112 and said that, if present, a member must vote unless they have a disqualifying conflict of interest. If a conflict exists the member must disclose it before the vote and file a Form 8B with the clerk within 15 days. The attorney warned of civil and criminal penalties and gave examples of high‑profile enforcement actions in other Florida jurisdictions.

The attorney urged members to contact the county attorney’s office with questions before meetings. When board members raised practical scenarios, the attorney recommended immediate, abrupt disengagement from improper discussions (for example, leaving if a fellow member begins a substantive conversation off the record) and consistently using the county’s public‑records portal if a request is made.

The briefing concluded with an invitation from counsel to contact the office for pre‑meeting guidance to reduce the risk of Sunshine or public‑records violations.