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Florida Sunshine Law
The Florida Sunshine Law is a series of laws designed to guarantee that the public has access to the public records of governmental bodies in Florida. The law was first enacted in 1995. The original statutes state:
The Florida Open Meetings Law (Fla. Stat. sec 286) governs the extent to which public meetings are open to the public. The Florida Public Records Law (Fla. Stat. sec. 119) governs the inspection and copying of public records.
To learn more about how to make a public records request in Florida, please see Florida FOIA procedures.
Proposed changes
We do not have any legislation for Florida in 2011.
We do not have any legislation for Florida in 2010.
House Bill 135 provided an exemption from public records requirements for personal identifying information of insured dependents, such as minor dependents of current or former officers or employees of state agencies, when the dependents are insured by a state agency group insurance plan. [1] The bill seeks to make this exemption apply retroactively. [1] The bill was added to the Economic Development & Community Affairs Policy Council agenda on April 10, 2009. [1] Its companion bill in the Senate was Senate Bill 270. [2]
House Bill 145 exempted from public records all information and records submitted to the Department of Health under an electronic monitoring system for the dispensing of controlled substances. [3] The bill provided guidelines for who may access such information and also laid out penalties for violations of the proposed guidelines. [3] The bill was introduced on March 1, 2009 and was referred to several committees. [3] Its companion bill in the Senate was Senate Bill 612. [4]
House Bill 221 provided an exemption from public records requirements for specified identifying information contained in a statewide Internet registry maintained under the Vacant or Abandoned Real Property Registration, Maintenance, and Foreclosure Reporting Act. [5] The bill was introduced on March 3, 2009 and was referred to several committees. [5] Its companion bill in the Senate was Senate Bill 1044. [6]
House Bill 275 prohibited the commercial use or distribution of law enforcement photographs or recordings of deceased persons or that show a person’s extreme, severe or acute injuries which are confidential and exempt from public records laws. [7] As of April 2009, the bill had been referred to several committees. [7] Its companion bill in the Senate was Senate Bill 638. [8]
House Bill 277 is linked to House Bill 275. [9] It seeks to provide an exemption from public records law for investigative or crime scene photographs and records of deceased persons or of any person’s extreme, severe or acute injuries. [9] It was introduced in the House on March 3, 2009 and was referred to several committees. [9] Its companion bill in the Senate was Senate Bill 636. [10]
House Bill 299 was introduced in the House on March 3, 2009. [11] It sought to require a surety to record in the public records a payment bond for a public works construction project. [11] As of April 2009, it had been referred to several committees. [11] Its companion bill in the Senate was Senate Bill 560. [12]
House Bill 409 aimed to provide an exemption from public records requirements for the personal identifying information of employees and families of employees of public educational institutions that participate in group health insurance programs. [13] The bill was referred to the PreK-12 Policy Committee on March 30, 2009. [13] Adria Harper, the director of the First Amendment Foundation in Tallahassee, called the bill “ridiculous.” The bill was related to Senate Bills 1260 and 2432. [13]
House Bill 575 sought to allow automatic expunging of criminal records under certain circumstances. [14] It was introduced in the House on March 3, 2009 and was referred to several committees. [14]
House Bill 585 sought to exempt from public records requirements information reported to the Department of Health under an electronic system for monitoring the dispensing of certain controlled substances. [15] It passed through the Civil Justice & Courts Policy Committee, the Government Affairs Policy Committee and the Criminal & Civil Justice Policy Committee in March of 2009. [15]
House Bill 699 aimed to exempt from public records the contact information of current and former investigators and their families that worked for the Department of Business & Professional Regulation. [16] It was introduced in the House on March 3, 2009 and was referred to several committees. [16]
House Bill 7021 was the companion bill of Senate Bill 748. [17] [18]
Senate Bill 126 sought to limit the public records exemption for reports relating to child abandonment, abuse or neglect. [19] It was introduced in the Senate on March 2, 2009, went through committee reviews and was placed on a special calendar for reading on April 28, 2009. [19]
Senate Bill 166 created an exemption from public records any information that identifies a donor or prospective donor of a donation made for the benefit of a publicly owned building or facility if the donor desires to remain anonymous. [20] It was sent to the Rules Committee on April 17, 2009. [20]
Senate Bill 176 created an exemption from public records for serologic blood test results from juveniles. [21] It was introduced in the Senate on March 3, 2009 and was referred to several committees. [21]
Senate Bill 250 sought to narrow the public records exemption so that it authorizes parents or adult children of descendants to obtain autopsy records. [22] It was introduced in the Senate on March 3, 2009 and was referred to Health Regulation, Regulated Industries, Judiciary and Governmental Oversight and Accountability Committees. [22]
Senate Bill 270 is the Senate version of House Bill 135 discussed in the above section. The bill was referred to the Rules Committee on April 9, 2009.
Senate Bill 358 provided that proprietary confidential business information held by an agency is confidential and exempt from public records requirements. [23] It was identical to Senate Bill 1836 and was referred to the Commerce and Governmental Accountability and Oversight Committees in the Senate after being introduced. [23]
Senate Bill 440 exempted from public records requirements information and records reported to the Agency for Healthcare Administration under the electronic-monitoring system for the tracking of prescriptions of controlled substances. [24]
Senate Bill 468 , sponsored by Sen. Mike Fasano (R-New Port Richey), proposed to exempt personal identifying information regarding the health and benefit coverage of public school employees from the Sunshine Law. [25] This bill was proposed in reaction to the outcry that arose after Joel Chandler made a public records request for health insurance information from all the Florida school districts. [26]
Senate Bill 560 was the Senate version of House Bill 299 discussed in the above section. It was referred to the Community Affairs Committee on April 7, 2009.
Senate Bill 584 expressed the legislative intent to revise laws relating to an exemption from requirements for public records and meetings. [27]
Senate Bill 612 was the Senate version of House Bill 145 discussed in the above section. It was referred to several committees on March 30, 2009.
Senate Bill 636 was the Senate version of House Bill 277 discussed in the above section. It was referred to the Criminal Justice, Governmental Oversight, Accountability and Rules Committees on March 3, 2009.
Senate Bill 638 was the Senate version of House Bill 275 discussed in the above section. It was introduced in the Senate on March 3, 2009 and was referred to the Criminal Justice Committee, Judiciary Committee and Criminal and Civil Justice Appropriations Committee. [8]
Senate Bill 648 provided an exemption from public records requirements for information concerning certain donors and prospective donors to the direct support organization of the Department of Elderly Affairs. [28]
Senate Bill 748 amended a specified provision relating to an exemption from public records requirements personal identifying information held by a children’s services council or related entity. [18] Its companion bill in the House was House Bill 7021. [18]
Senate Bill 750 sought to amend provisions relating to a public records exemption for records obtained by the Department of Revenue under an insurance claim data exchange information. [29]
Senate Bill 754 clarified the exemption from public record requirements that is provided for building plans, blueprints, schematic drawings and diagrams held by an agency. [30] It was introduced in the Senate on March 3, 2009 and was referred to several committees since.
Senate Bill 1044 was the Senate version of House Bill 221 discussed in the above section. It was introduced on March 3, 2009 and subsequently referred to the Banking and Insurance Committee, Governmental Oversight and Accountability Committee and the Rules Committee. [6]
Senate Bill 1046 provided an exemption from public records requirements for certain records of the Florida Hurricane Protection Program of the Florida Catastrophe Fund, from public meetings requirements for portions of certain meetings of the State Board of Administration, required that exempt portions of meetings be recorded, transcribed, and maintained for a specified period and provided an exemption from public records requirements for minutes and transcripts of exempt portions of meetings. [31] It was referred to the Banking and Insurance and Governmental Oversight and Accountability Committees. [31]
Senate Bill 7000 clarified the exemption from public record requirements that is provided for building plans, blueprints, schematic drawings, and diagrams held by an agency. [32]
Senate Bill 7002 related to a public records exemption for insurance claim data exchange information. [33] > It saved the exemption from repeal under the Open Government Sunset Review Act. [33]
Senate Bill 7004 related to a public records exemption for personal identifying information held by a children’s services council or related entity. [34] It saved the exemption from repeal under the Open Government Sunset Review Act. [34]
Senate Bill 7008 related to a public records exemption for certain information regarding campaign finance reports. [35] It clarified the provision and saved the exemption from repeal under the Open Government Sunset Review Act. [35]
Senate Bill 7020 related to an exemption from public records requirements for personal information contained in motor vehicle records. [36]
Senate Bill 7022 related to a public records exemption for business information provided by a business owner to a governmental condemning authority for the purpose of making an offer of business damages. [37] It saved the exemption from repeal under the Open Government Sunset Review Act. [37]
Senate Bill 7024 revised an exemption under the public records law for information that would identify a child participating in a government-sponsored recreation program; defined the terms “government-sponsored recreation program” and “child”; provided that such information is confidential and exempt from the public records law; and deleted provisions providing for repeal of the exemption. [38]
Senate Bill 7026 related to a public records exemption for identification and location information of certain agency personnel; saved the exemption from repeal under the Open Government Sunset Review Act; deleted provisions providing for repeal of the exemption; relocated and revised the public records exemption provided for identification and location information concerning federal attorneys, judges, and magistrates; defined the term “identification and location information”; eliminated Social Security numbers from the scope of information covered by the public records exemption; and required a federal attorney, judge, or magistrate to attest that efforts have been made to protect the information from disclosure through other means. [39]
Senate Bill 7030 related to a public records exemption for written valuations of surplus state lands and related documents and saved the exemption from repeal under the Open Government Sunset Review Act. [40]
In 2008 Gov. Charlie Crist created a nine-member panel, the Florida Commission on Open Government (FCOG), to review exemptions to Florida’s Sunshine Law. The commission was slated to present its final report to the state legislature in the 2009 legislative session.
Two members of the Commission on Open Government, Gerald Bailey and Renee Francis Lee, were strongly opposed to one plan of the FCOG, which was the panel’s proposal to reduce the charges that government agencies are allowed to levy on citizens who ask for records. Gerald Bailey is the head of Florida’s Department of Law Enforcement and Renee Francis Lee is the attorney for Hillsborough County. They believed the cost of record searches would be a hardship for state, city and county governments and that the FCOG did not take enough testimony from government agencies on the issue. [41]
FCOG proposals that were expected to make it into the final plan were:
Eliminating the “extensive use” provision in public-records law, which allows government agencies to charge high fees for finding, copying and providing public information.
Require that records in any electronic medium be provided at actual cost of duplication.
Allow people to negotiate reasonable fees for a “specialized electronic service or product”
Change the current law so that any redaction of legally confidential information is not a “specialized” service requiring additional charges.
Relevant legal cases
Here is a list of lawsuits in Florida (cases are listed alphabetically; to order them by year, please click the icon to the right of the “year” heading).
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