Midterm Question 2

Florida's Sunshine laws is something that every person has been granted, it is the Constitutional right to inspect or copy any public record with some exemptions, and the Sunshine Law provides a right of access to government proceedings at both the state and local levels. These essential laws afford citizens of our state the ability to see behind the curtain of government and remain involved in the processes that affect their lives. Without this access there is little accountability, and accountability is vital for good government. The Attorney General's Office plays a key role in keeping Florida's government open to all Floridians. The office is charged with mediating disputes involving access to public records and provides a mediation program to that effect - a resource which can be requested by any member of the public and was put into action more than 75 times in 2007. The mediation program involves an impartial individual who encourages and facilitates the resolution of a dispute involving access to public records. The mediators assist the participants in fostering joint problem-solving and exploring settlement alternatives. By allowing parties to resolve issues in an informal mediation process, we prevent expensive and time-consuming litigation which is often not an option for a citizen who is merely trying to hold his or her government accountable and responsible for its actions.
The state policy is that Florida's Sunshine law, section 286.011, Florida Statutes, requires that all meetings of state agencies and local government boards or commissions be open to the public unless there is a specific statutory exemption. This Law applies to any meeting of two or more officials of any public agency, any private company doing business on behalf of a public agency, and any advisory or committee with the power or authority to make recommendations to public agency. The functions of a board or committee can trigger application of the Sunshine law.
There must also be reasonable notice, or sufficient notice so as to inform members of the public who might be interested in attending the meeting. For example a clear posting of the timing of the meeting, the placement, and the content of the meeting; there must also be minutes of all meetings, and generally minutes become a public record at the conclusion of that particular meeting. Members of the public and press cannot be asked to leave an open meeting unless that individual or group becomes disruptive during the meeting. Cameras or video equipment that is not disrupting anyone can not be prohibited.
There are exemptions of openness in Florida, meaning that all meetings between two or more members of the same board or commission are presumed subject to the Sunshine Law unless there are specific statutory exemptions. Only the legislature can create an exemption to the law. An unintentional violation of the Sunshine Law is a noncommercial infraction, punishable by a fine of up to five hundred dollars. A knowing violation of the law is a second degree misdemeanor, carrying a jail term of up to sixty days. Any action taken at a meeting held in violation of the sunshine law will be voided by the court.
Access to public records in Florida are listed in Chapter 119, Florida Statues, it stipulates hat all state, county, and municipal records shall be open for inspection and copying by any person. According to the first amendment foundation an public record is all documents, papers, letters, maps, books, tapes, photographs, films, sound recording, data processing software, or other material, regardless of physical form, characteristics, or means of transmission… in connection with the transaction of the official business by any agency [s.119,011(1),F.S.] A public agency may charge no more than fifteen cents a page for paper copies, plus an additional five cents for two-sided copies.
There are two presumption of openness under the Public Record Law, meaning that all records are presumed subject to public investigation and copying unless there is a specific statutory exemption. The denial must be put in writing if requested. And lastly there are two types of sanctions provided for violation of the Public Records Law. One a public officer who knowingly violates 119.07(1),F.S. is subject to suspension and removal or impeachment, and is guilty of a first degree misdemeanor punishable by a definite term of imprisonment not exceeding one year and a fine of up to one thousand dollars. And the other type of sanction is when an officer violates any provision of chapter 119 is guilty of a noncriminal infraction, punishable by a fine not exceeding five hundred dollars, a willful and knowing violation of any provision is a first degree misdemeanor.
According to chapter 119 medical history records and information related to health or property insurance provided to the Department of Community Affairs, the Florida Housing Finance Corporation, a county, a municipality, or a local housing finance agency by an applicant for or a participant in a federal, state, or local housing assistance program are confidential and exempt from s. 119.07(1) and s. 24(a). Governmental entities or their agents shall have access to such confidential and exempt records and information for the purpose of auditing federal, state, or local housing programs or housing assistance programs. Such confidential and exempt records and information may be used in any administrative or judicial proceeding, provided such records are kept confidential and exempt unless otherwise ordered by a court.
According to the Florida Governor's Commission website http://www.flgov.com/og_commission_home, On June 19, 2007, Governor Charlie Crist issued Executive Order 07-107 , creating the the Commission on Open Government Reform. The nine member commission has been created within the Governor's Office of Open Government to review, evaluate, and issue recommendations regarding Florida's public records and public meetings laws. The Commission will review the public's right to access government meetings and records according to Section 119 and Section 286.011 of the Florida Statutes, as well as Article I. "Florida's Sunshine Laws are among the strongest in the nation and give every citizen access to information necessary for participating in the democratic process," said Governor Crist. "The Commission on Open Government will help ensure that all levels of government are accessible to the people."
In one of his first official acts after his inauguration, Governor Crist issued Executive Order 07-01 on January 3, 2007, and created the Office of Open Government. The office is designed to help Floridians access information about state government and ensure that government's actions are always transparent and accountable to taxpayers.