Memo from FL Attorney General Bondi re: The "Sunshine" Law 5/17/2018 Florida Attorney General-The"Sunshine"Law
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'FLORIDA OFFICE oF Ths ATTORNEY GENERAL
Open Government - The "Sunshine" Law
To assist the public and governmental agencies in understanding the requirements and exemptions to
Florida's open government laws, the Attorney General's Office compiles a comprehensive guide known as
the Government-in-the-Sunshine manual. The manual is published each year at no taxpayer expense by the
First Amendment Foundation in Tallahassee.
Florida began its tradition of openness back in 1909 with the passage of Chapter 119 of the Florida Statutes
or the "Public Records Law." This law provides that any records made or received by any public agency in
the course of its official business are available for inspection, unless specifically exempted by the Florida
Legislature. Over the years, the definition of what constitutes "public records" has come to include not just
traditional written documents such as papers, maps and books, but also tapes, photographs, film, sound
recordings and records stored in computers.
Florida's Government-in-the-Sunshine Law was enacted in 1967. Today, the Sunshine Law regarding open
government can be found in Chapter 286 of the Florida Statutes. These statutes establish a basic right of
access to most meetings of boards, commissions and other governing bodies of state and local
governmental agencies or authorities.
Throughout the history of Florida's open government, its courts have consistently supported the public's
right of access to governmental meetings and records. As such, they also have been defining and redefining
what a public record is and who is covered under the open meetings law. One area of public concern was
whether or not the Legislature was covered under the open meetings requirements. To address that concern,
a Constitutional amendment was passed overwhelmingly by the voters in 1990 providing for open meetings
in the legislative branch of government.
The Attorney General's Office has consistently sought to safeguard Florida's pioneering Government-in-
the-Sunshine laws. Our attorneys have worked, both in the courtroom and out, to halt public records
violations. In 1991, a decision by the Florida Supreme Court raised questions which made it clear that the
best way to ensure the public's right of access to all three branches of government was to secure that right
through the Florida Constitution. The Attorney General's Office then drafted a definitive constitutional
amendment, which guaranteed continued openness in the state's government and reaffirmed the application
of open government to the legislative branch and expanded it to the judiciary. This amendment passed in
1992.
Florida Toll Free Numbers:
- Fraud Hotline 1-866-966-7226
- Lemon Law 1-800-321-5366
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