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Florida open government laws true to Lincoln’s vision
Charlie Crist, Attorney General
Government in the sunshine has been a cherished right in our state for many generations of Floridians. Over the years, the Sunshine and Public Records Laws have opened the doors to countless governmental meetings and records that are hidden from the public in other states.
Every day, Floridians use these laws to make their communities a better place to live and work. They attend city council meetings, participate in school advisory councils, research and report on government programs. In these and countless other ways, President Lincoln's vision of a government of the people, by the people, and for the people, stands the test of time.
In Florida, government records and meetings are generally open to the public unless the Legislature has adopted a statute providing for confidentiality. Individual agency officials do not decide on their own which government records should be open and which should remain secret. Openness is the rule unless the Legislature determines that privacy, security or other significant interests prevail and justify closure.
The Florida Constitution helps to secure open government by making it difficult to undermine the public's right of access, unless compelling reasons for nondisclosure are present. Enacted in 1992, the open government constitutional amendment provides that exemptions to the sunshine and public records laws must state the public necessity justifying the exception and may be no broader than necessary to accomplish that purpose.
In 2002, Floridians voted overwhelmingly to strengthen the constitution by approving an amendment requiring a 2/3 vote of each house of the Legislature before exemptions could be enacted into law. When questions arose whether a 2/3 vote was required in every instance, this office responded with an advisory opinion stating that the constitutional amendment is clear — a 2/3 vote is required for all exemptions, whether newly enacted or readopted.
Some lament that the opinion results in a slower review process for exemptions, but we must not forget that the will of the people must prevail. Open government is right for Florida and any exceptions to that rule must be carefully considered.Our laws and constitution provide the strong foundation for open government to flourish at both the state and local levels. However, public officials must know the law in order to ensure that citizen rights are protected. The Attorney General's Office has historically made open government education and training a priority, and I intend to continue that important commitment.
Each year, the Office of the Attorney General prepares the Florida Government in the Sunshine Manual, which is used as a reference for the sunshine and public records laws by government officials and citizens alike. The manual, published by the First Amendment Foundation, summarizes public access court decisions, legislation, and advisory opinions issued by this office.
We also write and distribute a public records guide for law enforcement agencies that is designed to address the special public records issues affecting criminal justice agencies. Electronic editions of both publications, as well as answers to frequently asked questions about open government, are available at the Office of the Attorney General Website: http://myfloridalegal.com.
The sunshine and public records laws give every Floridian the ability to secure the information needed to support programs that work and dismantle those that do not, and to be knowledgeable of meetings where issues affecting the citizens are being discussed. Without knowledge, we can neither learn from the past nor prepare for the future.
It is my hope that agencies at all levels of government will take advantage of the public meetings and records training opportunities offered by the Attorney General’s Office, the First Amendment Foundation, and governmental organizations. Our General Counsel and open government expert, Pat Gleason, has conducted countless hours of training in this important area.
Our challenge is to ensure a compliance rate of 100% for public officials at all levels. As Floridians we must require nothing less from our government.