Introduction

Florida leads the nation when it comes to open government laws and protecting the public's right of access to governmental meetings and records. Florida's open government laws are some of the strongest in the nation, and aside from specific and narrow exceptions, governmental bodies must keep their affairs open to the public.

An open government is essential for a self-governing society. The records affected by open government laws are paid for by taxpayers. These records are created by people on the public payroll, they are recorded on paper or computer disks paid for by tax money, and they are stored in public buildings. These records do not belong to the government, they belong to the public and are watched over by the government.

Our government is based on the will of the people, therefore citizens and the media must be able to monitor the activities of their elected representatives. Access to public meetings of governmental bodies and to governmental records provides citizens with the information they need to participate in the democratic process. An informed electorate is better able to evaluate and monitor officials' behavior -- ensuring an honest, competent, and responsive government.

Florida began its tradition of openness in 1909 when the Legislature passed the first Public Records Law, Chapter 119 of the Florida Statutes. The Public Records Law provides citizens shall have virtually unlimited access to records made or received by any public agency in the course of its official business, unless specifically exempted by the legislature. Chapter 119 mandates that custodians of these records shall permit them to be inspected and examined by any person desiring to do so, at any reasonable time.

Over the years, the definition of a public record has expanded, so that not just traditional written documents are covered, but also tapes, photographs, film, sound recordings, and records stored in computers.

Thirty years Florida enacted its Government-in-the-Sunshine Law. Today, the Sunshine Law, Chapter 286 of the Florida Statutes, establishes a basic right of access to most meetings of boards, commissions, and other governing bodies of state and local governmental agencies or authorities.

Prior to this 1990, there was a question as to whether the open meetings law covered the state Legislature, but in that year, the voters overwhelmingly passed a Constitutional Amendment providing for open meetings in the Legislative branch of the State Government. In 1992, Florida voters overwhelmingly approved the Public Records and Meetings Constitutional Amendment. This Amendment constitutionalized the right of access to government information and specifically includes the legislative, executive, and judicial branches of government.

How the Law Works

The Sunshine Law, Chapter 286, Florida Statutes, requires that government decision-making take place in public. The basic requirements of the Law are that meetings of any public decision-making body must be open to the public, reasonable notice of such meetings must be given, and minutes of the meeting must be taken.

Outside of a few Legislatively-created exemptions, all meetings for the transaction of public business must be open to the citizens at all times. This law applies not only to the obvious meetings of elected bodies, but also to appointed and advisory boards.

Florida courts have stated that the entire decision-making process is subject to the Sunshine Law, and not just the formal assemblage of a public body at which voting to ratify an official decision is carried out. The statute extends to discussions and deliberations as well as to formal action taken by a public body. Therefore, the law is generally applicable to any gathering where two or more members of a public board or commission discuss some matter on which foreseeable action will be taken by that board or commission.(REF) Public agencies may not circumvent the Sunshine Law by using an alter ego to conduct public business in secret.

For example, parents have a right to watch their local school board consider changes in the elementary school curriculum. Residents have a right to attend a city council meeting to discuss a proposal to rezone property in order to build a shopping mall in their neighborhood. In addition neither of these meetings could lawfully take place without reasonable public notice beforehand as required by the Sunshine Law.

Residents also can review and photocopy the school curriculum materials or the detailed, formal request for zoning approval under the Public Records Law, Chapter 119 of the Florida Statutes.

This Companion to the Sunshine Law requires that all government records be open for public inspection and copying unless there is a specific exemption approved by the state Legislature.

The Public Records Law allows citizens to look at reports of crime in their areas or the professional backgrounds of the people teaching their children. Citizens can evaluate how much is being spent on emergency services at the local public hospital or how much state employees are getting paid.

In addition to being permitted to attend government meetings and to review public records, citizens may attend most judicial proceedings in Florida and review many of the documents that are filed in court proceedings. State and federal courts have ruled that criminal and civil trials and hearings generally should be open to the public, along with any documents that are filed and transcripts of those proceedings.

The Constitutional Amendment

In 1992, Florida voters overwhelmingly approved a constitutional amendment that allows citizens improved access to government records. The constitutional amendment specifically includes agencies of the legislative, executive, and judicial branches of government and makes it more difficult for legislators to add exemptions to the law. Under the amendment, the legislative branch was authorized to adopt rules governing legislative records. The amendment required the judicial branch to draft new rules providing access to administrative records.

In addition, the constitutional amendment provides that exemptions may be enacted only if the Legislature can prove that a public necessity exists justifying the exemption. New exemptions must be no broader than necessary to accomplish the stated purpose of the law.