Local Government
What a Bright Idea! Florida’s First District Court of Appeal Applies Common Sense to the Government in the Sunshine Law
An open door policy is not necessarily the best thing for public procurements — especially negotiated ones. Basically, engaging in open door negotiations gives an unfair advantage to whomever gets to negotiate last.2 The Florida legislature recognizes the natural conflict or tension between the competing needs for open government and fair competition, and enacted Florida Statutes section 286.0113(2) as a work-around. Section 286.0113(2)(b)(2) exempts from the public meeting requirements “[a]ny portion of a team meeting at which negotiation strategies are discussed.”3 “But the exempted meetings do not forever remain out of public view”4: section 286.0113(2)(c) provides that “[a] complete recording shall be made of any portion of an exempt meeting,” and the recordings become publicly available at “such time as the agency provides notice of an intended decision or . . . 30 days after opening the bids, proposals, or final replies, whichever occurs earlier.”