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The Sun-Herald newspapers

Sunshine Law protects your right to know

Florida's Sunshine Law is for all of us, but mostly for you.

It became necessary because of back-room dealing that didn't involve you. Some elected officials were routinely meeting in secret, making decisions that did affect you.

Officially, it's called the Government in the Sunshine Law. In its simplest terms, it says that meetings of public boards or commissions must be open to the public; reasonable notice of such meetings must be given and minutes of the meetings must be taken. The law also protects your right to view public records.

Today, along with other newspapers in Florida, we celebrate Sunshine Sunday, making note of the state law that was first introduced in 1909, but wasn't given teeth to protect it -- and a name -- until 1967.

It's why Charlotte County, DeSoto and Sarasota counties, as well as the cities of Punta Gorda, North Port, Arcadia, Sarasota, Long Boat Key and Venice, meet in rooms where a sizable number of people can observe government in action. It's why those commissions and their appointed boards keep records so that you and we can see them.

Recently, North Port's chief of police appointed a board to meet without being open to public scrutiny. The chief said the purpose of the group was to discuss major changes in the way the Police Department conducts its business.

We all, even when we are law-abiding citizens, could be affected by those practices. Attorney General Charlie Crist ruled that the appointive body came under the Sunshine Law. It had to be noticed and open. In another ruling, Crist said the North Port Development Review Committee had to notice its meetings and open them to the public. In a third decision, Crist said e-mails of the North Port police, fire and human resources departments must be open to the public without requiring a code to view them.

A similar situation in Charlotte County, when the Sun questioned the meeting procedures of the Marine Advisory Committee, was ironed out a couple of years ago.

In every community, there are some citizens who wish to sit in on all government meetings, but the Sunshine Law probably affects the press the most, because we attend meetings as your representative, reporting on any action we deem newsworthy. We look at e-mails, we read minutes so we can report to you.

And we don't take the Sunshine Law for granted. The State Legislature is not governed by the Sunshine Law, but it should be. However, it was the Legislature that passed the law and it is the Legislature that can take it away or at least chip it away. Each year, there are attempts to do just that. This year, there are 50 bills being offered to create exemptions to the law.

Some governments have annual workshops, making it a requirement for elected and appointed officials to attend so they may understand the Sunshine Law. It's a good idea and we support such action.

For more than 20 years, Florida's First Amendment Foundation has been providing interpretations and assistance to both government and the media so that all are familiar with what is and what is not the public's business. Each year, the foundation publishes an updated version of its Government-in-the-Sunshine Manual. It explains the law and provides numerous examples. To purchase a copy (Sunshine and Public Records for $35), go to www.floridafaf.org.

The manual is as worn as the dictionary in most newsrooms. It should be in that condition in every government office, too.

 


Reproduced courtesy of the Sun-Herald newspapers.
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