Sunshine Law And Police Reports: Florida's Unique Transparency

Florida's Sunshine Law, passed in 1967, is a series of laws designed to guarantee the public's right of access to governmental proceedings and records. It applies to all documents and materials made or received in connection with official business, including police records. The law covers written documents, emails, text messages, photographs, and recordings, among other forms of communication. While there are some exemptions to the Sunshine Law, it is important to note that violations can result in penalties, including misdemeanours and fines.

What constitutes a public record

The Florida Public Records Act states that "all state, county, and municipal records are open for personal inspection and copying by any person." This includes all documents, maps, tapes, photographs, films, sound recordings, data processing software, or other material, made or received pursuant to law or in connection with the official business of any agency.

The Florida Supreme Court interprets "public records" as "all materials made or received in connection with official business used to perpetuate, communicate, or formalize knowledge." This applies to:

• Written documents (e.g., notes taken during a staff meeting)
• Email (even if sent from a personal computer or phone as long as it relates to university business)
• PowerPoint presentations
• Text messages (regardless of where the text originated, as long as it relates to university business)

Florida has hundreds of general and agency-specific exemptions pursuant to which an agency can refuse to provide access to records. These include:

• Executive branch agency exemptions
• Executive branch agency-specific exemptions
• Local government agency exemptions

How to request records in Florida

You can make a request over the telephone or in writing. While a telephone request may be quicker and more convenient, a written request may be preferable if your request is detailed or complicated, or if you anticipate that the agency might deny your request. Having a written record of your request will aid an appeal, should you later decide to make one.

Your request should be addressed to the custodian of public records (the government officer who controls or has access to public records) at the agency that has custody of the records you want to obtain. If you are unsure of which agency to contact, the alphabetical list of records and the agencies that keep them in the Florida Public Records Guide might be useful.

There is no prescribed format for the letter, but your letter should contain the following elements, as appropriate:

• A statement that you are requesting records under the Florida Public Records Act
• A clear description of the records that you are seeking
• Your name and contact details
• A demand that if your request is denied, the agency set out the exact statutory citation authorizing the denial as required by law (unless the agency is in the legislative or judicial branch)

What agencies are covered by the Sunshine Law

The Florida Sunshine Law, passed in 1967, applies to "any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision". This includes elected or appointed boards or commissions at both the local and state levels.

The Sunshine Law does not apply to federal agencies operating in the state of Florida. The state Legislature is also exempt from the Sunshine Law, as it has its own constitutional provision relating to access.

The Sunshine Law provides a right of access to governmental proceedings at both the state and local levels. It requires that meetings of boards or commissions must be open to the public, with reasonable notice given and minutes of the meeting taken.

The law covers all discussions, deliberations, and formal actions taken by a board or commission. It applies to any gathering, whether formal or casual, of two or more members of the same board or commission, where a matter is being discussed that will foreseeably come before that board or commission for action.

The Florida Supreme Court has defined "public records" as "all materials made or received in connection with official business used to perpetuate, communicate, or formalize knowledge". This includes written documents, emails, text messages, PowerPoint presentations, and other forms of communication.

Exemptions to the Sunshine Law

Florida's Government in the Sunshine Law, commonly called the Sunshine Law, was enacted in 1967. It grants the public a "right of access" to governmental proceedings of public boards or commissions (i.e., meetings). The Sunshine Law also applies to all documents and other materials made or received in connection with official business, including email, meeting notes, sound recordings, photographs, and text messages.

While the Sunshine Law ensures transparency in government proceedings, there are some exemptions to this law. Firstly, according to the Sunshine Review Act of 1995, an exemption must fit within one of three categories of identifiable public purposes and must be seen as compelling enough to override the presumption of openness.

Additionally, there are specific exemptions outlined for different branches of the government. For example, the Executive Branch has agency-specific exemptions from inspection or copying of public records, including agency cybersecurity information. Similarly, the Local Government Agency has exemptions related to the inspection or copying of public records.

Furthermore, certain information is exempt from public record requests, such as personally identifiable information (PII), matters relating to trade secrets or intellectual property, applicable competitive solicitation documents, and data protected by laws like HIPAA and FERPA.

It is important to note that the determination of whether a requested record is exempt or contains confidential information rests with the Office of the General Counsel.

Penalties for violations of the Sunshine Law

Florida's Government in the Sunshine Law, commonly called the Sunshine Law, was passed in 1967. The Sunshine Law ensures that all meetings of any state, county, or municipal board or commission in Florida are open to the public. It also declares that actions taken at closed meetings are not binding. The law was enacted to ensure transparency and accountability in the decision-making processes of governmental bodies.

Violations of the Sunshine Law can result in a range of penalties, including:

• Removal from office
• Noncriminal infractions
• Criminal penalties, including the possibility of a second-degree misdemeanor, which can include imprisonment and/or a fine
• Misdemeanours

The specific penalties for violations of the Sunshine Law are outlined in the statutes governing public access to governmental proceedings and records. These penalties serve to reinforce the importance of adhering to the Sunshine Law and maintaining transparency in government operations.

The Sunshine Law and police records

Florida's Government in the Sunshine Law, commonly called the Sunshine Law, was passed in 1967 and guarantees the public's right of access to governmental proceedings of public boards or commissions. The Sunshine Law applies to all documents and other materials made or received in connection with official business, including police records. This includes emails, meeting notes, sound recordings, photographs, and text messages.

The Sunshine Law provides a "right of access" to governmental proceedings and the Florida Public Records Act extends this right to include all documents and materials made or received in connection with official business. This means that police records, such as incident reports, arrest reports, and investigation reports, are subject to public disclosure unless they are specifically exempted by the Florida Legislature.

The definition of "public records" has evolved over time to include not just traditional written documents but also tapes, photographs, films, sound recordings, and records stored in computers. The Florida Supreme Court has interpreted "public records" broadly to include all materials made or received in connection with official business used to perpetuate, communicate, or formalize knowledge. This means that police records related to official business are subject to the Sunshine Law.

However, it is important to note that certain information is exempt from public record requests. This includes personally identifiable information (PII), matters relating to trade secrets or intellectual property, applicable competitive solicitation documents, and other data protected by privacy laws such as HIPAA and FERPA.

Violations of the Sunshine Law can result in legal consequences, including misdemeanours and fines. The Attorney General's Office has consistently worked to safeguard Florida's pioneering Government-in-the-Sunshine laws and halt public records violations.

Frequently asked questions