SUBJECT/RECOMMENDATION:
Title
Review of Sunshine Law and Building/Flood Board of Adjustment and Appeals Board Rules - Jay Daigneault, Esq. of Trask Daigneault, LLP
Body
SUMMARY:
The Building/Flood Board of Adjustment and Appeals shall operate in the “Sunshine” in accordance with Florida Statutes, Chapter 286. Operating in the “Sunshine” means, among other things, that when there are meetings, workshops, informal discussions, telephone conversations, and other forms of communications involving two or more members of the Building/Flood Board of Adjustment and Appeals regarding any proposed recommendations by the Building/Flood Board of Adjustment and Appeals or any matter which may be considered by the Building/Flood Board of Adjustment and Appeals that: 1) those meetings, workshops, discussions or conversations must be open to the public, 2) reasonable notice of the meetings, workshops, discussions or conversations must be given to the public in advance, and 3) minutes of those meetings, workshops, discussions or conversations must be taken by a City of Clearwater Board Reporter (or designee), and retained as a public record open to public inspection.
In addition to the minutes, all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission (including emails and texts), made or received by Building/Flood Board of Adjustment and Appeals members in connection with the conduct of business by the Building/Flood Board of Adjustment and Appeals is considered a public record and subject to Florida’s public records laws (Chapter 119, Florida Statutes).
This means, among other things, that Building/Flood Board of Adjustment and Appeals members must retain and maintain any such Building/Flood Board of Adjustment and Appeals related documents, records and written communications and allow members of the public to inspect and copy such records unless the City Attorney’s Office advises that such records are exempt from inspection and copying by members of the public.