Isn't Florida Required by Law to Record Comments and Sessions?

Response provided by a non-attorney and not intended to be legal advice. 

The short answer is no: Florida law specifically requires written minutes but does not mandate audio or video recordings for standard public meetings.

Under Florida Statute § 286.011(2), the legal requirement is that "the minutes of a meeting... shall be promptly recorded, and such records shall be open to public inspection."

The Legal Distinction: Minutes vs. Recordings

· Written Minutes are Mandatory: The law requires a "brief written summary" or series of notes reflecting the events. It does not require a verbatim transcript of everything said.

· Audio/Video is Optional: The Florida Attorney General has clarified that there is no requirement under the Sunshine Law that tape recordings be made. However, if a city chooses to record a meeting, the recording becomes a public record immediately, subject to inspection.

· Verbatim Requirement: The only time a "verbatim" record is legally mandated by statute is for private attorney-client sessions (litigation strategy meetings), which must be recorded by a certified court reporter.

Public Commentary and "The Record"

You are correct that if a city stops recording the "public comment" section, those specific spoken words may not be preserved in an audio format. However, the minutes must still reflect that the public comment occurred.

· Right to be Heard: Florida Statute § 286.0114 mandates that members of the public be given a "reasonable opportunity to be heard" before a board takes official action.

· Your Right to Record: While the city may not record you, you have a legal right to record them. Florida courts have ruled that public boards cannot prohibit citizens from using silent, non-disruptive video or audio recording devices during an open meeting.

How to Ensure Your Comments are "On Record"

If you are concerned about your input being "lost," you can use these strategies to force a paper trail:

1. Submit Written Comments: Anything you hand to the City Clerk during a meeting becomes an official public record. You can explicitly request that your written statement be attached to the final approved minutes.

2. Refer to § 286.0105: This statute requires meeting notices to advise the public that if they wish to appeal a decision, they are responsible for ensuring a verbatim record is made. You can cite this as the reason why the city should be recording, even if they aren't strictly required to.

3. Bring a Witness/Recorder: Since you are legally allowed to record, having your own high-quality audio or video prevents the city from being the sole gatekeeper of the "narrative."