Florida's “Sunshine Law”
119.01 General state policy on public records -
(1) It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.
- Florida Statute, Chapter 119.01
In 1909, Florida Legislature enacted Chapter 119 of the Florida Statutes, aka the “Public Records Law.” It states records made or received by any public agency in the course of its official business are available for inspection, unless specifically exempted by the Legislature. “Public records” includes traditional written documents such as papers, maps and books, as well as tapes, photographs, film, sound recordings and records stored in computers.
In 1967, the state's Government-in-the-Sunshine Law was enacted and anchors Chapter 286 of the Florida Statutes. It establishes a citizen's basic right of access to most meetings of state boards, commissions and other governing bodies and local governmental agencies or authorities.
Florida courts have consistently supported the public's right of access to governmental meetings and records, defining and redefining what a public record is and who is covered under the open meetings law. In 1990, Florida voters passed a Constitutional amendment providing for open meetings in the Legislature.
The Attorney General's Office is tasked with enforcing Sunshine laws and prosecuting public records violations. In 1991, the Florida Supreme Court deliberations suggested that a constitutional amendment would best ensure the public's right of access to all three branches of. The Attorney General's Office drafted an amendment, and in 1992, Florida voters passed it, guaranteeing continued openness in the state's government, including the judiciary.
Government-in-the-Sunshine Manual
http://www.myflsunshine.com/sun.nsf/sunmanual
Attorney General Advisory Opinions
http://www.myflsunshine.com/ago.nsf/sunopinions
Sunshine Law Frequently Asked Questions
http://www.myflsunshine.com/sun.nsf/pages/FAQs
The First Amendment Foundation
The First Amendment Foundation is a highly visible and accessible source of authoritative information, expertise, and assistance to the public and news media. It was founded as a non-profit organization in 1984 by The Florida Press Association, the Florida Society of Newspaper Editors, and the Florida Association of Broadcasters to ensure that public commitment and progress in the areas of free speech, free press, and open government do not become checked and diluted during Florida's changing times.
Its purpose is to protect and advance the public's constitutional right to open government by providing education and training, legal aid and information services. Funding is based on voluntary contributions and donations by news media and affiliated organizations and concerned individuals.
http://www.floridafaf.org/
The Brechner Center for Freedom of Information
The Brechner Center for Freedom of Information at the University of Florida exists to advance understanding, appreciation and support for freedom of information in the state of Florida, the nation and the world. Through education and promotion of freedom of information laws and policies, the Center seeks to foster open government and a participatory democracy. In addition, The Brechner Center serves the public with information about the First Amendment, freedom of information, and access to government information issues. Since 1977, The Brechner Center has been a freedom of information resource in Florida and beyond.
http://www.brechner.org/
Florida Society of Newspaper Editors
The Florida Society of Newspaper Editors offers advice on what to do if you are denied access to a government meeting, if you are refused a public record, or how to make a written request for a public record.
http://www.fsne.org/sunshine/laws/
How to Exercise Your Right to Know
If are being denied access to a government meeting: You should say that Section 286.011, Florida Statutes, Florida's Government-in-the-Sunshine Law, requires all meetings of state or local government boards or commissions be open to the public unless there is a specific statutory exemption. If you are asked to leave a meeting, or are forbidden from entering, politely but firmly request the statutory authority for such action. Otherwise, you should insist on your right to attend the meeting.
If You Are Refused Access to Public Records
You should cite Chapter 119, Florida Statutes:
"It is the policy of this state that all state, county and municipal records shall be open for a personal inspection by any person." Public records are defined as "all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, regardless of the physical form, characteristics or means of transmission, made or received ... in connection with the transaction of official business by any agency." Chapter 119 applies to "any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government..."
If You Want to Make a Written Request for a Public Record
A public records request does not have to be made in writing. However, should you want to make a written request, the following letter can be used a model. Fill in the appropriate date, address, and salutation, and describe the records you are requesting:
Public Records Request
Pursuant to Article I, section 24, of the Florida Constitution, and (select the corresponding legal citation: state agency or local government - chapter 119, F.S.; legislative records - s. 11.0431, F.S.; or judicial records - Rule 2.051, Fla. Rules of Judicial Administration), I am requesting select: INSPECTION and/or COPIES of the following public records: describe the records you are requesting. Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the exact statutory citation authorizing the denial, as required by s. 119.07(1)(d), F.S. (The phrase, "as required by s. 119.07(1)(d), F.S." should be deleted from requests for legislative or judicial records.)
I will contact your office within select a specific period of time: 24 hours; 48 hours; one week; etc. to discuss when I may expect fulfillment of my request, and payment of any statutorily prescribed fees. If you have any questions in the interim, you may contact me at fill in a telephone number where you can be reached. Thank you.
Sincerely,
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