Keith Mack
Sunshine laws are regulations that require transparency and disclosure in government or business. They make meetings, records, votes, and other official actions available for public observation and participation. In the United States, the Freedom of Information Act (FOIA) protects a citizen's right to request information from the federal government, as do other sunshine laws. Cold cases, as a type of public record, may be subject to sunshine laws, depending on the state and the specific circumstances. For example, in Florida, Chapter 119 of the Florida Statutes, also known as the Public Records Law, provides that any records made or received by any public agency are available for inspection unless specifically exempted by the Florida Legislature. On the other hand, the Sunshine Law in Missouri allows public bodies to close meetings and records to the public in limited circumstances, such as when there are concerns over the safety of a victim or witness, or when a criminal investigation could be jeopardized.
| Characteristics | Values |
|---|---|
| Purpose | Promote ethical standards, prevent fraud and corruption, and engender greater public trust |
| Entities Subject to Sunshine Laws | Any entity with the authority to create binding laws |
| Entities Not Subject to Sunshine Laws | Advisory committees that lack the authority to create binding laws |
| Information Available to the Public | Meetings, records, votes, deliberations, and other official actions |
| Information Not Available to the Public | Issues of national security, certain aspects of law enforcement, trade secrets, communications considered privileged by nature, information protected by additional federal laws |
| Information Available to Individuals Involved in Incidents | Accident reports, "for purposes of investigation of any civil claim or defense" |
| Information Not Available to the Public to Protect | Safety of a victim, witness, or other person, if criminal investigation is likely to be jeopardized |
| Sunshine Law in Florida | Chapter 286 of the Florida Statutes |
| Sunshine Law in Missouri | Section 610.021, RSMo |
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What You'll Learn
Sunshine laws and the Freedom of Information Act (FOIA)
Sunshine laws are in place at the state and federal levels, and they vary in scope and strength across jurisdictions. For example, Florida's Sunshine Law provides both a statutory and constitutional right to access, while other states may only offer statutory rights. Florida's law, enacted in 1967, can be found in Chapter 286 of the Florida Statutes, and it grants the public access to meetings of state and local governmental agencies. The state's Attorney General's Office publishes an annual guide to assist the public in understanding the requirements and exemptions of the law.
The FOIA and Sunshine Laws often work together to provide access to information. The Privacy and Civil Liberties Oversight Board processes requests for records in accordance with both laws, aiming to provide lawful access while protecting individual privacy. Amendments to the FOIA in 2014 aimed to speed up response times and make it easier to submit requests. Additionally, the FOIA Improvement Act of 2016 brought changes to how public meetings are announced and how they can be altered after the initial announcement.
While sunshine laws promote transparency, there are exceptions where information is not disclosed to the public. These include concerns for the safety of individuals, such as victims or witnesses, and situations where criminal investigations could be jeopardized. Sunshine laws also differentiate between entities that are subject to the laws and those that are not. For example, an advisory committee without the authority to create binding laws may not be subject to sunshine laws, even if it deals with governmental matters.
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Sunshine laws and public access to government records
Sunshine laws are regulations that require transparency and disclosure in government or business. They are designed to promote ethical standards and prevent fraud and corruption, thereby engendering greater public trust. These laws make meetings, records, votes, deliberations, and other official actions available for public observation, participation, and/or inspection. They also require government meetings to be held with sufficient advance notice and at times and places that are convenient and accessible to the public, except in emergency situations.
The Freedom of Information Act (FOIA) is an example of a sunshine law that protects a citizen's right to request information from the federal government. However, not all information must be disclosed through FOIA, such as issues of national security, certain aspects of law enforcement, trade secrets, and communications considered privileged. Sunshine laws differentiate between entities that are subject to the laws and those that are not. For example, an entity with the authority to create binding laws would be subject to the law, but an advisory committee without such authority may not be.
In the state of Florida, the Government-in-the-Sunshine Law was enacted in 1967, establishing a basic right of access to most meetings of boards, commissions, and other governing bodies of state and local governmental agencies or authorities. Florida's tradition of openness dates back to 1909 with the passage of the Public Records Law, which 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. The definition of "public records" has expanded over time to include not just traditional written documents but also tapes, photographs, films, sound recordings, and computer records.
Similarly, the Sunshine Law in Missouri applies to all records and meetings, regardless of their form or manner of holding. It allows a public body to close meetings and records to the public in limited circumstances, such as when there is an articulable concern over the safety of a victim, witness, or other person, or when disclosure would jeopardize a criminal investigation. In such cases, the public body must still provide at least 24 hours' notice before holding a closed meeting and state the specific provision permitting the closure. Each public body must have a custodian of records who is responsible for responding to records requests promptly, usually within three business days.
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Sunshine laws and public access to government meetings
Sunshine laws are regulations that require transparency and disclosure in government or business. They are designed to promote ethical standards, prevent fraud and corruption, and engender greater public trust. These laws require government meetings to be held in public and with sufficient advance notice, at times and places that are convenient and accessible to the public, except in the case of emergency meetings. They also require the disclosure of records, votes, deliberations, and other official actions.
In the United States, the Freedom of Information Act (FOIA) protects a citizen's right to request certain information from the federal government, as do other sunshine laws. However, not all information must be disclosed through FOIA, such as issues of national security, certain aspects of law enforcement, trade secrets, and communications considered privileged. Sunshine laws also differentiate between entities that are subject to the laws and those that are not. For example, an advisory committee that lacks the authority to create binding laws might not be subject to sunshine laws, even if it deals with matters related to government.
The Government in the Sunshine Act is a 1976 US law that requires all meetings conducted by federal agencies to be open to the public unless they fall under one of the ten exemptions outlined in the Act. Similarly, the Pennsylvania Sunshine Act requires agencies to deliberate and take official action in open and public meetings, with prior notice to the public. The public must be allowed to attend, participate, and comment before an agency takes official action. The Pennsylvania Sunshine Act also outlines requirements for posting agendas and announcing any changes.
Florida's Government-in-the-Sunshine Law was enacted in 1967 and can be found in Chapter 286 of the Florida Statutes. This law establishes the public's right of access to most meetings of boards, commissions, and other governing bodies of state and local governmental agencies or authorities. Florida's courts have consistently supported this right and have defined "public records" to include not just traditional written documents but also tapes, photographs, films, sound recordings, and computer records.
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Sunshine laws and exemptions
Sunshine laws are regulations that require transparency and disclosure in government or business. They are designed to promote ethical standards, prevent fraud and corruption, and engender greater public trust. These laws ensure that meetings, records, votes, deliberations, and other official actions are available for public observation, participation, and/or inspection.
Sunshine laws primarily apply to government agencies and institutions, but their applicability to businesses varies by jurisdiction. Some states may extend these laws to certain private entities with close ties to the government or those receiving significant public funding. Sunshine laws differentiate between entities subject to the laws and those that are not. For example, an entity with the authority to create binding laws would be subject to the law, but an advisory committee without such power may not be.
While the core principle of sunshine laws is transparency, exemptions exist for legitimate reasons. Some records may not be accessible to the public due to concerns such as national security or personal privacy. For instance, certain information in arrest reports, such as the identity of a sexual battery victim, is typically exempt from public disclosure. Additionally, an agency may withhold the disclosure of records if there is an articulable concern over the safety of a victim, witness, or other persons, or if the criminal investigation is likely to be compromised.
The Freedom of Information Act (FOIA) is an example of a sunshine law that protects citizens' rights to request information from the federal government. However, not all information must be disclosed, such as issues of national security or certain aspects of law enforcement. Sunshine laws also vary across different states, with Florida's Government-in-the-Sunshine Law being a notable example. This law grants the public the right to access meetings of most governing bodies of state and local governmental agencies, with certain exemptions.
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Sunshine laws and promoting transparency
Sunshine laws are regulations that require transparency and disclosure in government or business. They are designed to promote ethical standards and prevent fraud and corruption, thereby engendering greater public trust. These laws require that certain business operations or government activities be open to the public for observation, participation, and/or inspection. Sunshine laws also require that government meetings be held with sufficient advance notice and at times and places that are convenient and accessible to the public, except in emergency situations.
In the United States, the Freedom of Information Act (FOIA) protects citizens' right to request information from the federal government. However, not all information is subject to disclosure under FOIA, such as issues of national security and certain aspects of law enforcement. Sunshine laws differentiate between entities that are subject to the laws and those that are not. For example, an entity with the authority to create binding laws would be subject to the law, but an advisory committee without such authority may not be, even if it deals with government-related matters.
The scope of sunshine laws has expanded over time. In Florida, for instance, the definition of "public records" now includes not just traditional written documents but also tapes, photographs, films, sound recordings, and computer records. The state's Sunshine Law was enacted in 1967 and can be found in Chapter 286 of the Florida Statutes, which establishes a basic right of access to most meetings of boards, commissions, and other governing bodies of state and local governmental agencies or authorities. Similarly, Missouri's Sunshine Law applies to all records and meetings, regardless of their form or manner of holding.
While sunshine laws promote transparency, they also recognize certain exceptions. For instance, records may be withheld from disclosure if there are concerns over the safety of a victim, witness, or other persons, or if the criminal investigation is likely to be jeopardized. Additionally, records of active legal proceedings and certain disciplinary actions pertaining to government employees involving personal privacy may be exempt from disclosure.
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Frequently asked questions
Sunshine laws are regulations requiring transparency and disclosure in government or business. They make meetings, records, votes, and other official actions available for public observation, participation, and/or inspection.
Examples of sunshine laws include mandatory corporate reporting to the SEC and the Freedom of Information Act (FOIA).
Sunshine laws differentiate between entities that are subject to the laws and those that are not. For example, an entity with the authority to create binding laws would be subject to the law, but an advisory committee without such authority may not be. Other exceptions include active legal proceedings, issues of national security, and certain aspects of law enforcement.
Cold cases may be subject to sunshine laws depending on the state. In Florida, for example, Chapter 119 of the Florida Statutes, also known as the "Public Records Law," provides that any records made or received by any public agency are available for inspection unless specifically exempted by the Florida Legislature. This includes criminal history records, which are considered matters of public record. In Missouri, the Sunshine Law allows public bodies to close meetings and records to the public in limited circumstances, such as when there are concerns over the safety of a victim or witness, or when disclosure may jeopardize a criminal investigation.
