Florida’s Sunshine Law provides the public a right of access to government meetings and records. Violations of The Sunshine Law may result in up to 60 days imprisonment and/or fines up to $500. You must comply! Read about past Sunshine Law violations.  |
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| Understanding Florida's Sunshine Law |
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Whether you are a government or agency in the State of Florida, or serve as an elected or appointed official, it is critical to understand Florida's Government in the Sunshine Law. State attorneys take complaints of possible Sunshine violations very seriously and you will face consequences if you violate the law. Although the written law may seem simple, the Sunshine Law has been heavily litigated and the body of law that surrounds the Sunshine Law is immense.
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Florida's Sunshine Law: Open Meetings
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Florida's Government in the Sunshine Law guarantees the public a right of access to governmental proceedings at both the state and local levels. It applies to any gathering of two or more members of the same board to discuss a matter which may foreseeably come before that board. There are three basic requirements which can be found in Chapter 286 of the Florida Statutes:
(1) meetings of public boards or commissions must be open to the public
(2) reasonable notice of such meetings must be given
(3) minutes of the meetings must be kept
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In Plain English:
The bottom line is two or more members of the same board or commission cannot discuss matters related to their board or commission's business outside of a public meeting. This includes e-mails, text messages, phone calls and discussions at social gatherings. Remember, as a Florida public official, no matter where in the world you are, Florida's Sunshine Law still applies to you!
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Florida's Sunshine Law: Public Records |
The Florida Constitution grants citizens the right to inspect or copy any public record unless the Legislature has specifically provided an exemption. Section 119.011(12) of the Florida Statutes defines "public records" to include:
all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. |
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The Florida Supreme Court has interpreted this definition to encompass all materials made or received by an agency in connection with official business which are used to perpetuate, communicate or formalize knowledge. Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (Fla. 1980). |
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In Plain English:
Records are public information and must be made available upon request, unless there is a specific exemption. For example, medical records of government employees as well as home addresses and telephone numbers of active or former law enforcement personnel are exempt. Governments are permitted to charge a reasonable fee to cover costs of supplying record(s).
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| Florida Sunshine Law: Violations |
The local state attorney has the statutory authority to prosecute alleged violations of the open meetings and public records law. The consequences of a Sunshine Law violation include:
Criminal penalties
Removal from office
Non-criminal infractions such as fines
Attorney's fees assessed against the party violating the Sunshine Law
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In Plain English:
Even if you are not ultimately found guilty of a Sunshine Law violation, an investigation in and of itself can be costly, exhausting and embarrassing. Take steps to make sure you not only avoid violating the Sunshine Law, but also avoid the appearance of a violation. Know what Florida's Sunshine Law means to you and Stay Legally Informed!
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