Government in the Sunshine Manual - Florida Public Records and Open Meetings Laws
Introduction
Florida is recognized for its strong commitment to open government.
The manual includes laws, judicial decisions, and Attorney General opinions as of October 1, 2024.
Suggestions for the manual are welcome at the Office of the Attorney General.
Legislative Highlights 2024
Exemptions for personal information in animal adoption, autopsy reports of suicide, and financial adequacy for public works bidders.
Confidentiality provisions for business information related to health and court treatment programs, among others.
Sunshine Law Overview
Scope: Applies to meetings of public boards/commissions at both state and local levels.
Requirements:
Meetings must be open to the public.
Reasonable notice must be given.
Minutes must be taken and promptly recorded.
Entities Covered by the Sunshine Law
Advisory Boards: Subject if delegated decision-making authority.
Commissions Created by Constitution: Not subject if acting under constitutional authority.
Private Organizations: Covered if created by public agencies or performing delegated governmental functions.
Meetings Covered by the Sunshine Law
Includes board members attending meetings of another public board, informal discussions, and workshops.
Public notice required for all meetings, even without a quorum.
Notice and Procedures
No strict requirement for agendas, but recommended for transparency.
Meetings should be held in accessible locations.
Minutes must be recorded for all meetings.
Remedies and Penalties
Violations can result in criminal charges or fines.
Actions taken in violation are void ab initio.
Attorney fees may be assessed in Sunshine Law violation cases.
Public Records Act Overview
Provides right of access to records of state/local governments and private entities acting on their behalf.
Definition: Public records include documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, and electronic data.
Entities Covered by the Public Records Act
Covers state and local government entities, including the legislative, executive, and judicial branches.
Applies to private entities acting on behalf of public agencies.
Specific Records and Exemptions
Adoption and Birth Records: Generally confidential.
Autopsy and Death Records: Public unless exempt; photos/videos of certain deaths are confidential.
Child and Vulnerable Adult Abuse Records: Confidential and exempt with specific release conditions.
Electronic Records and Communication: Includes emails, text messages, and social media as public records if related to official business.
Conclusion
The manual serves as a comprehensive guide for compliance with Florida's open government laws, emphasizing transparency and accountability in government proceedings.