HomeMy WebLinkAboutLB FLORIDA SUNSHINE LAW FLORIDA SUNSHINE LAW
Overview
Florida's Sunshine Law provides a "right of access" to governmental proceedings of public boards or
commissions (i.e., meetings) and the Florida Public Records Act extends the "right of access" to
include all documents and other materials made or received in connection with official business(i.e.,
email, meeting notes, sound recordings, photographs,text messages, etc.).The law has many
implications pertaining to how we do business, such as record retention, responding to public record
requests, data classification, and ensuring meeting minutes are recorded.
Violations of the Sunshine Law can result in removal from office, noncriminal infractions, and criminal
penalties (possibility of a second-degree misdemeanor which can include imprisonment and/or a
fine).
Note:Above summary adopted from Open Government Guide:Access to Public Records and Meetings
in Florida,Sixth Edition, and University of West Florida Florida Sunshine Law webpage.
CONSTITUTION OF THE STATE OF FLORIDA AS REVISED IN 1968 AND SUBSEQUENTLY AMENDED
ARTICLE I DECLARATION OF RIGHTS SECTION 24. Access to public records and meetings.—
(a) Every person has the right to inspect or copy any public record made or received in connection
csa with the official business of any public body, officer, or employee of the state, or persons acting on
° their behalf, except with respect to records exempted pursuant to this section or specifically made
confidential by this Constitution. This section specifically includes the legislative, executive,and
judicial branches of government and each agency or department created thereunder; counties,
municipalities, and districts; and each constitutional officer, board, and commission, or entity created
pursuant to law or this Constitution.
(b) All meetings of any collegial public body of the executive branch of state government or of any
collegial public body of a county, municipality,school district,or special district,at which official acts
are to be taken or at which public business of such body is to be transacted or discussed, shall be open
and noticed to the public and meetings of the legislature shall be open and noticed as provided in
Article III,Section 4(e), except with respect to meetings exempted pursuant to this section or
specifically closed by this Constitution.
(c) This section shall be self-executing.The legislature, however, may provide by general law passed by
a two-thirds vote of each house for the exemption of records from the requirements of subsection (a)
and the exemption of meetings from the requirements of subsection (b), provided that such law shall
state with specificity the public necessity justifying the exemption and shall be no broader than
necessary to accomplish the stated purpose of the law. The legislature shall enact laws governing the
enforcement of this section, including the maintenance, control, destruction, disposal, and disposition of
records made public by this section, except that each house of the legislature may adopt rules governing
the enforcement of this section in relation to records of the legislative branch. Laws enacted pursuant to
this subsection shall contain only exemptions from the requirements of subsections (a) or(b) and
provisions governing the enforcement of this section, and shall relate to one subject.
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(d) All laws that are in effect on July 1, 1993 that limit public access to records or meetings shall remain
in force, and such laws apply to records of the legislative and judicial branches, until they are repealed.
Rules of court that are in effect on the date of adoption of this section that limit access to records shall
remain in effect until they are repealed.
The 2023 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES,AND RECORDS Chapter 119
PUBLIC RECORDS s. 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.
(2)(a) Automation of public records must not erode the right of access to those records.As each agency
increases its use of and dependence on electronic recordkeeping, each agency must provide reasonable
public access to records electronically maintained and must ensure that exempt or confidential records
are not disclosed except as otherwise permitted by law.
(b) When designing or acquiring an electronic recordkeeping system, an agency must consider whether
such system is capable of providing data in some common format such as, but not limited to,the
American Standard Code for Information Interchange.
(c) An agency may not enter into a contract for the creation or maintenance of a public records
database if that contract impairs the ability of the public to inspect or copy the public records of the
agency, including public records that are online or stored in an electronic recordkeeping system used by
to the agency.
(d) Subject to the restrictions of copyright and trade secret laws and public records exemptions, agency
use of proprietary software must not diminish the right of the public to inspect and copy a public record.
(e) Providing access to public records by remote electronic means is an additional method of access
that agencies should strive to provide to the extent feasible. If an agency provides access to public
records by remote electronic means, such access should be provided in the most cost-effective and
efficient manner available to the agency providing the information.
(f) Each agency that maintains a public record in an electronic recordkeeping system shall provide to
any person, pursuant to this chapter, a copy of any public record in that system which is not exempted by
law from public disclosure.An agency must provide a copy of the record in the medium requested if the
agency maintains the record in that medium, and the agency may charge a fee in accordance with this
chapter. For the purpose of satisfying a public records request,the fee to be charged by an agency if it
elects to provide a copy of a public record in a medium not routinely used by the agency, or if it elects to
compile information not routinely developed or maintained by the agency or that requires a substantial
amount of manipulation or programming, must be in accordance with s. 119.07(4).
(3) If public funds are expended by an agency in payment of dues or membership contributions for any
person, corporation,foundation, trust, association, group, or other organization, all the financial,
business, and membership records of that person, corporation,foundation,trust, association,group, or
other organization which pertain to the public agency are public records and subject to the provisions of
s. 119.07.
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The 2023 Florida Statutes Title XIX PUBLIC BUSINESS Chapter 286 PUBLIC BUSINESS: MISCELLANEOUS
PROVISIONS s. 286.011 Public meetings and records; public inspection; criminal and civil penalties.—
(1) All meetings of any board or commission of any state agency or authority or of any agency or
authority of any county, municipal corporation, or political subdivision, except as otherwise provided in
the Constitution, including meetings with or attended by any person elected to such board or
commission, but who has not yet taken office, at which official acts are to be taken are declared to be
public meetings open to the public at all times, and no resolution, rule, or formal action shall be
considered binding except as taken or made at such meeting.The board or commission must provide
reasonable notice of all such meetings.
(2) The minutes of a meeting of any such board or commission of any such state agency or authority
shall be promptly recorded, and such records shall be open to public inspection.The circuit courts of this
state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application
by any citizen of this state.
(3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal
infraction, punishable by fine not exceeding$500.
(b) Any person who is a member of a board or commission or of any state agency or authority of any
county, municipal corporation, or political subdivision who knowingly violates the provisions of this
section by attending a meeting not held in accordance with the provisions hereof is guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
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(c) Conduct which occurs outside the state which would constitute a knowing violation of this section
is a misdemeanor of the second degree, punishable as provided in s.775.082 or s. 775.083.
(4) Whenever an action has been filed against any board or commission of any state agency or
authority or any agency or authority of any county, municipal corporation, or political subdivision to
enforce the provisions of this section or to invalidate the actions of any such board, commission, agency,
or authority,which action was taken in violation of this section, and the court determines that the
defendant or defendants to such action acted in violation of this section,the court shall assess a
reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the
individual filing such an action if the court finds it was filed in bad faith or was frivolous.Any fees so
assessed may be assessed against the individual member or members of such board or commission;
provided,that in any case where the board or commission seeks the advice of its attorney and such
advice is followed, no such fees shall be assessed against the individual member or members of the
board or commission. However,this subsection shall not apply to a state attorney or his or her duly
authorized assistants or any officer charged with enforcing the provisions of this section.
(5) Whenever any board or commission of any state agency or authority or any agency or authority
of any county, municipal corporation, or political subdivision appeals any court order which has found
said board, commission,agency, or authority to have violated this section,and such order is affirmed,
the court shall assess a reasonable attorney's fee for the appeal against such board, commission,
agency,or authority.Any fees so assessed may be assessed against the individual member or members
of such board or commission; provided,that in any case where the board or commission seeks the
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advice of its attorney and such advice is followed, no such fees shall be assessed against the individual
member or members of the board or commission.
(6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location
which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which
operates in such a manner as to unreasonably restrict public access to such a facility.
(7) Whenever any member of any board or commission of any state agency or authority or any agency
or authority of any county, municipal corporation, or political subdivision is charged with a violation of
this section and is subsequently acquitted,the board or commission is authorized to reimburse said
member for any portion of his or her reasonable attorney's fees.
(8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or
authority or any agency or authority of any county, municipal corporation, or political subdivision, and
the chief administrative or executive officer of the governmental entity, may meet in private with the
entity's attorney to discuss pending litigation to which the entity is presently a party before a court or
administrative agency, provided that the following conditions are met:
(a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice
concerning the litigation.
(b) The subject matter of the meeting shall be confined to settlement negotiations or strategy
sessions related to litigation expenditures.
to (c) The entire session shall be recorded by a certified court reporter.The reporter shall record the
times of commencement and termination of the session, all discussion and proceedings,the names of
all persons present at any time, and the names of all persons speaking. No portion of the session shall
be off the record.The court reporter's notes shall be fully transcribed and filed with the entity's clerk
within a reasonable time after the meeting.
(d) The entity shall give reasonable public notice of the time and date of the attorney-client session
and the names of persons who will be attending the session.The session shall commence at an open
meeting at which the persons chairing the meeting shall announce the commencement and estimated
length of the attorney-client session and the names of the persons attending.At the conclusion of the
attorney-client session,the meeting shall be reopened, and the person chairing the meeting shall
announce the termination of the session.
(e) The transcript shall be made part of the public record upon conclusion of the litigation.
THE MOST COMPREHENSIVE GUIDE TO FLORIDA'S OPEN GOVERNMENT SUNSHINE LAW IS THE 2023
GOVERNMENT-IN-THE-SUNSHINE MANUAL Link: https://www.myfloridalegal.com/open-
government/sunshine-manual
TRAINING AND ADDITIONAL MATERIALS FOR PUBLIC RECORDS OFFICERS/CUSTODIANS Link:
https://www.myfloridalegal.com/open-government/training
FIRST AMENDMENT FOUNDATION Link: http://floridafaf.org/
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