Commissioner Emails Before a Rezoning Hearing

Yes, likely. Florida's Sunshine Law requires meetings of boards and commissions to be open to the public, and it prohibits members from using serial one-on-one communications to discuss foreseeable action outside public view. Here, Commissioner Reyes contacted all four colleagues individually, and three agreed with a stated position on the rezoning. That amounts to a quorum of three discussing a matter that was foreseeable and pending before the Commission. The fact that the messages were separate emails does not avoid the law; courts look at whether the communications were part of a deliberate effort to evade public discussion. The statement "let's not discuss it publicly" reinforces that inference. The law applies to discussion and decision-making, not just formal votes. Because the rezoning was set for a public hearing, the exchange likely violated the Sunshine Law.

Yes. Emails about official city business are public records under Florida's Public Records Law, regardless of the device used or where they are stored. The city should preserve the emails and respond to the newspaper within a reasonable time. It may redact information covered by a specific exemption, but it cannot withhold the messages simply because they may show a Sunshine Law violation. The city should not destroy the emails after the request; doing so could create additional legal exposure. The city attorney should review whether any limited privilege applies, but communications among commissioners about city business are generally not protected by attorney-client privilege. The city should also advise the Commission on future compliance, including avoiding serial communications that produce a de facto quorum.