Article I, sec.24 of the Florida Constitution requires that all meetings of the Florida Legislature be open and noticed. In addition, sec. 286.011(1), Florida Statutes (1995) provides that all meetings of any board or commission of any state agency at which official acts are to be taken are declared to be public meetings open to the public at all times. No exemptions to the Constitutional and statutory requirements for open meetings exist for university student legislatures or university student government committees, boards, commissions, etc. Consequently, all meetings of student government's legislative body or any of its committees, subcommittees, boards, etc. must be open and properly noticed to the public.

Section 286.011(1) states that for all public meetings "reasonable notice" must be provided. The statute does not define "reasonable notice", but the Attorney General of Florida has provided the following guidelines, with which this office concurs:

1. The notice of any of these meetings should contain the time and place of the meeting and, if available, an agenda (or, if no agenda is available, subject matter summations should be provided);
2. The notice of any of these meetings should be prominently displayed in an area set aside for that purpose (in this case, notice should at a minimum be posted in the student government facility, in the student center and college buildings, and on public billboards across campus);
3. The public should have at least 24 hours prior written notice of any of these meetings;
4. The notice of any of these meetings must include the advice that if a person decides to appeal any decision taken at the meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made (Section 286.0105 F.S. 1995). (in this case, any of these meetings should be tape recorded or otherwise recorded in verbatim)

In addition to providing reasonable notice of all meetings, student government must insure that its meetings are conducted at a time and place that does not unreasonably restrict public access to those meetings. Although section 286.011 does not define what constitutes reasonable public access, it is the opinion of the university's general counsel that meetings that begin or continue past 11 p.m. would not provide reasonable access for many members of the public who might wish to attend. Accordingly, if a student government meeting cannot be concluded by 11 p.m., the meeting should be adjourned and reconvened, after appropriate public notice, as soon as is feasible.

Violations of the Florida Sunshine Law carry serious consequences. Any public officer or agent who violates the Sunshine Law is guilty of a non-criminal infraction, punishable by fine not exceeding $500. (Section 286.011(3)(a) F.S. 1995). Any person who knowingly violates the provisions of the Sunshine Law by calling or attending a meeting not held in accordance with the law's provisions is guilty of a second-degree misdemeanor, punishable by a definite term of imprisonment of 60 days.(Section 286.011(3)(b) F.S. 1995). Additionally, the university's Golden Rule provides that students and student organizations are subject to university judicial sanctions for the violation of state law. Student legislators should be advised that the university will seek prosecution of and will enforce university sanctions against any person who violates the Florida Sunshine Law.