The florida sunshine law is a series of laws designed to guarantee that the public has access to the public records of governmental bodies in florida. Probably the most comprehensive guide to understanding the requirements and exemptions to florida s open government laws is the governmentinthe sunshine manual compiled by the attorney general s office. Advisory opinions by year division of elections florida. Oma and ipra nm sunshine laws attorney general of new. The office of the new mexico attorney general regularly conducts educational presentations on these sunshine laws throughout the state. Florida attorney generals office advisory legal opinion. Under such agreements, ohio and other states agree to respect each others concealed carry laws and recognize each others permit holders. While advisory documents may be public records, the righttoknow law does.
As i have indicated, the state attorney s office is responsible for investigating and prosecuting any violations of the government in the sunshine law. The code of ethics for public officers and employees, adopted by the legislature as part iii of chapter 112, florida statutes, contains standards of ethical conduct and disclosures applicable to public officers, employees, candidates, lobbyists, and others in state and local government, with the exception of judges. The items listed above do not have the force or effect of law as do provisions of the constitution, statutes. Thus, exemptions from the public records law do not by implication allow an agency otherwise subject to section 286. Right to know memorandum new hampshire attorney general. Attorney general dewine announces concealed carry reciprocity. As this office recognized in attorney general opinion 9506.
Government in the sunshine manual florida attorney general. Every year, the attorney general s office publishes a manual that is available free of charge to residents to help them understand these laws. Public records prepared by the office of the attorney general the capitol tallahassee, florida 323991050 850 2450140 published by the first amendment foundation mailing address. Oma and ipra nm sunshine laws attorney general of new mexico.
All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as. The attorney general s office has consistently sought to safeguard florida s pioneering governmentinthe sunshine laws. Florida attorney general attorney general opinions. Court and an attorney generals opinion have addressed the issue of when an individual. Butterworth secretary department of children and families 17 winewood boulevard tallahassee, florida 323990700 re. In addition, the criminal appeals division represents wardens in state and federal habeas corpus cases, represents the states interest in extraordinary writ cases. The number in parentheses r98025 references the request for an opinion file number. It applies to any gathering of two or more members of the same board to discuss some matter which will foresee ably come before that board for action. How can i find out more about the open meetings and public records laws.
All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal. Emily myers, state attorneys general powers and responsibilities. Freedom of information act arkansas attorney general. The manual is published each year at no taxpayer expense by the first amendment foundation in tallahassee. Open meetings laws in florida digital media law project. Case law and attorney general opinions suggest that, to be a subagency, the entity established by legislative act must have some policy or rule making authority. Governmentin thesunshine manual florida attorney general. In 1991, a decision by the florida supreme court raised questions which made it clear that the best way to ensure the publics right. Florida attorney general advisory legal opinion jun 12, 2002 ago 0241. Sunshine law penalties, school advisory committee mr. As chief law officer of the state, the ohio attorney general provides written opinions on legal questions at the request of designated public officials on issues arising in the course of their duties.
Settlement agreement between gulf states and the bp entities filed october 5, 2015. Florida sunshine law office of the general counsel. A public record is defined as any writing, sound or video that reflects the performance or lack of performance of an official function. John clapper, iii collier county school board attorney 850 park shore drive trianon centerthird floor naples, florida 34103 re. Drawer 15709 tallahassee, fl 323175709 850 4887864. The code of ethics for public officers and employees. Archiving email in the sunshine state the new law adds an exemption to the states sunshine law, allowing closure of meetings and records that contain specific information on terrorism. The law gives arkansans access to public records and public meetings, with some exceptions.
Florida sunshine laws for homeowners associations legal. Attorney general opinions alaska department of law. Virtually all state and local collegial public bodies. The attorney generals office has consistently sought to safeguard floridas pioneering governmentinthesunshine laws. Qualifying statement of financial interests as qualifying document 99. The sunshine law extends to the discussions and deliberations as well as the formal action taken by a public board or commission. The florida sunshine law the main provision of the sunshine law, section 286. Office of the attorney general florida department of legal. Florida s governmentinthe sunshine manual and public records law manual questions and answers on section 286. Roberts port orange city attorney city center circle port orange, florida 32119 re. The attorney general s open government resource manual describes washingtons open government laws as of the last update in 2016. Florida attorney general advisory legal opinion apr 30, 2004 ago 04020. Florida courts and the florida attorney generals office have repeatedly concluded that the sunshine law does not apply to staff meetings that only involve factgathering, reporting or general consultation functions. The florida sunshine law requires that cities permanently keep all emails sent and received by public employees, creating an enormous number of records.
Mar 25, 2020 the manual is a comprehensive guide to floridas open meetings and public records laws, and is published by the first amendment foundation each year in cooperation with the attorney generals office. Role of the attorney general university of florida college of law. In the sunshine florida government information research. The office of the attorney general works to ensure governmental bodies in texas remain open and accountable to the people they serve because open government elevates the public to their proper role as partners in leadership with governmental bodies. Florida sunshine law and search committees what is the florida sunshine law. In the sunshine florida government information research tips. All meetings of any board or commission of any state agency or authority or of any agency or authority of any county. Attorney general opinions which is the designation for all attorney general opinions issued since september 14, 2006 are cited by their date of issuance.
Petitions effect of paid initiative petition circulators on undue. State of florida reference materials including guidelines for. Concealed carry reciprocity agreements ohio attorney general. The attorney general has approved a municipalitys creation of a.
As i have indicated, the state attorneys office is responsible for investigating and prosecuting any violations of the government in the sunshine law. Attorney general opinions arizona attorney general. The attorney general s office does not prepare opinions for private citizens. The florida public records law unequivocally states, it is the. Opinions of the attorney general are advisory, and do not have the same effect as decisions of a court of law.
Ag opinions antitrust civil litigation consumer protection criminal. Attorney generals public records and meetings manual 2019. Advertising use of current office title in political ads for another office 104. Copies of opinions issued since 2000 are available through this website. Florida attorney generals office advisory legal opinion number ago 9570 date. Florida attorney general frequently asked questions. Our attorneys have worked, both in the courtroom and out, to halt public records violations. Attorney general dewine announces concealed carry reciprocity with five additional states 323 2015 columbus, ohio ohio attorney general mike dewine today announced that ohioans with concealed carry permits will be able to use those permits in five additional states. Florida attorney general s office advisory legal opinion number ago 9570 date. The manual is updated each year and is available for purchase through the first amendment foundation in tallahassee. The sunshine manual provides public officials, citizen activists, and journalists with uptodate information, including recent case law and. Florida attorney general advisory legal opinion number. The attorney general issues written legal opinions to certain state officials upon request.
Does the sunshine law apply to commissions created by the constitution. Floridas sunshine laws, appointing and working with the statewide, prosecutor and. Continuing legal education cle sunshine advisories. The commissioner of agriculture or the attorney general may bring an action for injunction to prohibit practices in violation of this law, and any such injunction shall be issued without bond. State attorney fifth judicial circuit of florida 110 northwest 1st avenue, suite 5000 ocala, florida 34475 re. Attorney general rutledge hosts the offices first foia teletown hall april 23, 2015. Floridas governmentinthesunshine law provides a right of access to governmental proceedings at both the state and local levels. In 2015, the legislature expressly designated the composition of each regional planning council in section 186.
This website is designed to help government agencies, the media and private citizens understand floridas open government and public records laws. The manual is a comprehensive guide to florida s open meetings and public records laws, and is published by the first amendment foundation each year in cooperation with the attorney general s office. This is the first edition since the 2017 legislative session, which saw the most significant reforms to the oregon public records law since it was originally enacted in 1973. Generally speaking, the sunshine law supports the right of the public to have access to government meetings and records. Pursuant to statute, the office of the attorney general represents the state in every criminal appeal filed in new mexico. It is a particular pleasure to introduce this years edition of the attorney generals public records and meetings manual. The florida classified use valuation guidelines for agricultural property. Ohio law gives the attorney general the right to negotiate concealed carry handgun reciprocity agreements with other states.
For example, i99003 would be the third opinion issued in 1999. There is no requirement that a quorum be present for a meeting of members of a public board or commission to be subject to section 286. Since 1909, floridas public records law, codified in chapter 119 of the florida. Economic development council counties government in the sunshine law meetings whether meetings of subcommittee of private economic development council subject to sunshine law. Whether the correspondence among and between the florida state fair authority members constitutes a meeting that should have been conducted pursuant to section 286. Faqs sunshine manual sunshine law court cases regarding floridas sunshine laws training. The new open meetings act, which replaces the old sunshine law, provides you with greater access to your state and local government. Contracting in the sunshine the applicability of government in the sunshine to public procurement and public contractors by martha harrell chumbler public access to and the visibility of government business are fundamental principles under florida law. The florida sunshine law, also known as the governmentinthesunshine law, aims to inform the public in a clear manner about the requirements and exemptions to the states open government laws. Probably the most comprehensive guide to understanding the requirements and exemptions to floridas open government laws is the governmentinthesunshine manual compiled by the attorney generals office. Baker act physician assistants ability of physician assistant to. Such suit may be brought in any circuit court of this state having jurisdiction over the party or parties defendant. Meetings of faculty or staff are generally not subject to the sunshine law.
Chris anderson, executive director the florida commission on ethics p. The attorney general of the state of florida has always been. The manual is a comprehensive guide to floridas open meetings and public records laws, and is published by the first amendment foundation each year in cooperation with the attorney generals office. This law guarantees that alabamas citizens have open access to agencies, boards, commissions, and other governmental bodies which conduct the peoples business. The purpose of the presentation is to educate and assist new mexicans regarding the importance of transparency and compliance, as well as the rights of the public under new mexicos sunshine laws, the open. The attorney general is required to provide written legal opinions to the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general. The attorney general of the state of florida has always been considered the states guardian of the states open government laws, including the public records law.
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