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Freedom of Information Act
We have studied the Freedom of Information Act this term which is a federal law that requires disclosure of records and documents held by federal administrative agencies. We have also studied the Federal Sunshine Act which requires federal administrative agencies to hold their meetings with proper notice and open to the public (with some exceptions). Florida is known as the “Sunshine State” for several reasons---for our purposes, it is one of the most progressive states believing in public records and public meetings. The following exercise will help you develop your skills in researching Florida Public Records and Florida Sunshine Laws which do apply to Florida State and Local Administrative agencies.
Research and find the Florida Statute Chapter 119 that applies to Public Records. What is the definition of a public record in this chapter and cite the specific statute that gives you this definition. In Chapter 119, it contains a list of “exemptions” from disclosure (those records that should not be disclosed to the public). Cite the statute and give three types or categories of records that are exempt from disclosure.
Research and find the Florida Statute Chapter 286 that applies to Governmental Meetings. Most governmental meetings are open to the public and require prior public notice. However, there are exemptions to this rule and some meetings are not open to the public. Find the statute that identifies one of these exemptions and cite it—and explain what kind of meeting can be closed (not open to the public) per its terms.
Often administrative agencies have questions as to the application of Chapter 119 to their operations. Thus, they are allowed to submit a request for guidance from the Florida Attorney General’s Office. The Florida Attorney General will issue a written opinion and these written opinions can be searched at https://www.myfloridalegal.com/ag-opinions. Go to this site and search for any issued written opinion in the last 20 years that address any question concerning a specific statute in chapter 119 of the Florida Statutes. When you find an opinion, link it and explain the question asked and the answer given by the Attorney General.
Often administrative agencies have questions as to the application of Chapter 286 to their operations. Thus, they are allowed to submit a request for guidance from the Florida Attorney General’s Office. The Florida Attorney General will issue a written opinion and these written opinions can be searched at https://www.myfloridalegal.com/ag-opinions. Go to this site and search for any issued written opinion in the last 20 years that address any question concerning a specific statute in chapter 286 of the Florida Statutes that deals with public meetings. When you find an opinion, link it and explain the question asked and the answer given by the Attorney General.
Conduct legal research in Florida State Case law on https://scholar.google.com/. (Google Scholar) remember that you will have to select “cases” option first, then limit it to Florida State cases). Search the cases and find a case dealing with any statute in chapter 119 or 286 and explain the facts, issue before the court and ultimate ruling of the court. Provide the direct link to the case as part of your response to allow the instructor to quickly review the case you selected.
Full Answer Section
Personal Information: Certain personal information held by agencies, such as social security numbers, medical records, and some personnel records, are often exempt to protect individual privacy.
Law Enforcement Records: Active criminal investigative information is typically exempt to prevent jeopardizing investigations.
Trade Secrets: Proprietary business information provided to agencies, if designated as a trade secret, may be exempt to protect businesses' competitive advantage.
2. Florida Governmental Meetings (Chapter 286):
Exemption Example (286.011(8)): This statute provides an exemption for meetings between a board or commission and its attorney to discuss pending litigation. Such meetings are not required to be open to the public. The statute states in part: “Any meeting held between a board or commission and its attorney to discuss pending litigation to which the board or commission is a party.”
Question: This opinion addressed whether certain records held by a university relating to its direct support organization were exempt from public records requests under various provisions of Chapter 119, including the exemption for trade secrets.
Answer: The Attorney General concluded that some of the records in question were potentially exempt as trade secrets, but others were not. The opinion provided guidance on the criteria for determining whether information qualifies as a trade secret and outlined the university's obligations in responding to public records requests.
Question: This opinion addressed whether certain meetings of a community redevelopment agency (CRA) were subject to the open meetings requirements of Chapter 286. The specific question was whether meetings of a CRA committee were subject to the open meetings requirements.
Answer: The Attorney General concluded that the meetings of the CRA committee were subject to the open meetings requirements of Chapter 286, as the committee was deemed to be a "board or commission" subject to the statute.
Facts: The Palm Beach Post requested records from the City of Riviera Beach related to a development agreement. The city argued that some of the records were exempt from disclosure under Chapter 119.
Issue: Whether the disputed records were exempt from disclosure under the public records law.
Ruling: The Florida Supreme Court held that certain records were not exempt and had to be disclosed. The court emphasized the broad scope of the public records law and the presumption in favor of disclosure, placing the burden on the agency to prove any claimed exemption. This case reinforces the strong public policy in favor of open government in Florida.
Sample Answer
Here's a breakdown of Florida's public records and open meetings laws, along with examples from Attorney General opinions and case law.
1. Florida Public Records (Chapter 119):
Definition of Public Record: Florida Statute 119.011(12) defines a public record as "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, 1 made or received pursuant to law or in connection with the transaction of official business by any agency." 2
1. floridadep.gov
2. eyeonmiami.blogspot.com
Exemptions from Disclosure (119.071): Chapter 119 contains numerous exemptions. Here are three categories: