COMPLIANCE WITH COMPLIANCE WITH SUNSHINE LAWSUNSHINE LAW

SUNSHINE LAWSUNSHINE LAW

The Technical Advisory Workgroup The Technical Advisory Workgroup (“Workgroup”) is subject to the (“Workgroup”) is subject to the Sunshine Law. Any gathering (this Sunshine Law. Any gathering (this includes email communications) of two includes email communications) of two or more members of the Workgroup to or more members of the Workgroup to discuss some matter on which discuss some matter on which foreseeable action will be taken by the foreseeable action will be taken by the Workgroup is considered a meeting Workgroup is considered a meeting subject to Sunshine Law requirements.subject to Sunshine Law requirements.

Sunshine LawSunshine Law

The Sunshine Law is established by The Sunshine Law is established by Article I, Section 24 of the Florida Article I, Section 24 of the Florida State Constitution and Chapter 286, State Constitution and Chapter 286, Florida Statutes.Florida Statutes.

Basic RequirementsBasic Requirements

The Sunshine Law imposes three basic The Sunshine Law imposes three basic requirements:requirements:

1.1. Meetings of the Workgroup Meetings of the Workgroup must be open to the must be open to the

publicpublic2.2. The Workgroup must give The Workgroup must give

“reasonable notice” of its “reasonable notice” of its meetingsmeetings

3.3. The Workgroup must keep The Workgroup must keep minutes of its meetingsminutes of its meetings

MEETINGSMEETINGS A “meeting” of the Workgroup subject to the A “meeting” of the Workgroup subject to the

Sunshine Law is broadly defined to include any Sunshine Law is broadly defined to include any gathering – formal or informal – during which two gathering – formal or informal – during which two or more members of the Workgroup discuss the or more members of the Workgroup discuss the official business of the Workgroup. Accordingly, official business of the Workgroup. Accordingly, business-related discussions between members business-related discussions between members of the Workgroup may only take place at open, of the Workgroup may only take place at open, properly-noticed meetings. Members may not properly-noticed meetings. Members may not discuss the business of the Workgroup with each discuss the business of the Workgroup with each other through private phone conversations or e-other through private phone conversations or e-mail discussions. Members may distribute mail discussions. Members may distribute documents to each other, but they may not documents to each other, but they may not discuss or exchange comments on those discuss or exchange comments on those documents outside of a public meeting.documents outside of a public meeting.

MEETINGSMEETINGS

In addition, members may discuss In addition, members may discuss business with third parties (i.e., non-business with third parties (i.e., non-members of the Workgroup), members of the Workgroup), provided the members do not use a provided the members do not use a third party as a liaison for business-third party as a liaison for business-related communication with other related communication with other members.members.

NOTICENOTICE

Requirements for notice of public Requirements for notice of public meetings is governed by Section meetings is governed by Section 120.525, Fla. Stat. These 120.525, Fla. Stat. These requirements are more specific than requirements are more specific than those of the Sunshine Law and those of the Sunshine Law and dictate the following:dictate the following:

NOTICENOTICE

Notice of public meetings, hearings, Notice of public meetings, hearings, and workshops shall be by and workshops shall be by publication in the Florida publication in the Florida Administrative Weekly not less than Administrative Weekly not less than 7 days before the event. The notice 7 days before the event. The notice shall include a statement of the shall include a statement of the general subject matter to be general subject matter to be considered.considered.

NOTICENOTICE An agenda shall be prepared in time to An agenda shall be prepared in time to

ensure that a copy of the agenda may be ensure that a copy of the agenda may be received at least 7 days before the event received at least 7 days before the event by any person in the state who requests a by any person in the state who requests a copy and who pays the reasonable cost of copy and who pays the reasonable cost of the copy. The agenda shall contain the the copy. The agenda shall contain the items to be considered in order of items to be considered in order of presentation. After the agenda has been presentation. After the agenda has been made available, a change shall be made made available, a change shall be made only for good cause, as determined by the only for good cause, as determined by the person designated to preside, and stated person designated to preside, and stated in the record. Notification of such change in the record. Notification of such change shall be at the earliest practicable time.shall be at the earliest practicable time.

MINUTESMINUTES

Although the Sunshine Law requires Although the Sunshine Law requires the Workgroup to record minutes of the Workgroup to record minutes of its meetings, such minutes need not its meetings, such minutes need not be verbatim transcripts of the be verbatim transcripts of the proceedings. A summary or notes of proceedings. A summary or notes of the meeting is sufficient. It is within the meeting is sufficient. It is within the Workgroup’s discretion to the Workgroup’s discretion to determine who is responsible for determine who is responsible for creating the minutes of meetings.creating the minutes of meetings.

SUNSHINE LAW AND PUBLIC SUNSHINE LAW AND PUBLIC RECORDS RECORDS

As a general matter, any As a general matter, any documents or other materials that documents or other materials that are (1) created or received by are (1) created or received by Workgroup members, (2) related to Workgroup members, (2) related to the Workgroup’s official business the Workgroup’s official business are “public records” which must be are “public records” which must be made available to the public for made available to the public for inspection and copying.inspection and copying.

EXAMPLES OF “PUBLIC RECORDS”EXAMPLES OF “PUBLIC RECORDS”

Reports – circulated drafts of such reportsReports – circulated drafts of such reports Business related correspondence between Business related correspondence between

Workgroup members and AHCA, or any member Workgroup members and AHCA, or any member of the publicof the public

E-mail between Workgroup members and AHCA, E-mail between Workgroup members and AHCA, or any member of the publicor any member of the public

Personal notes of Workgroup membersPersonal notes of Workgroup members

These are all considered “public records” if These are all considered “public records” if theythey

are used to “perpetuate, communicate, or are used to “perpetuate, communicate, or

formalize knowledge.”formalize knowledge.”

CONFIDENTIAL INFORMATIONCONFIDENTIAL INFORMATION

It is possible that records created by the Workgroup It is possible that records created by the Workgroup will include information that is considered will include information that is considered confidential and exempt from the Public Records confidential and exempt from the Public Records Law. For example, some information which could Law. For example, some information which could conceivably come before the Workgroup, such as conceivably come before the Workgroup, such as Medicaid recipient identifying information and Medicaid recipient identifying information and medical records, is confidential and exempt. In the medical records, is confidential and exempt. In the event that a Workgroup document was to include event that a Workgroup document was to include confidential information, the relevant portions of confidential information, the relevant portions of that document would have to be redacted before that document would have to be redacted before the document could be released to the public. the document could be released to the public. Workgroup members should also take care during Workgroup members should also take care during the public meetings not to discuss information the public meetings not to discuss information derived from such confidential records.derived from such confidential records.