. A right of access to meetings of collegial public bodies
is recognized in the Florida Constitution, Article I, section 24,
effective July 1, 2003.
2. The term "open to the public" as used in the Florida
Sunshine Law means open to all who choose to attend.
3. The Sunshine Law of public access does not apply
to candidates for office, unless the candidate is an incumbent
seeking re-election, Op. Atty. Gen. Fla. 92-05 (1992).
4. Section 119.011(1), Florida Statutes defines
"public records" to include:
all documents, papers, letters, maps, books,
tapes, photographs, films, sound recordings,
data processing software or other material,
regardless of the physical form, characteristics,
or means of transmission, made or received
pursuant to law or ordinance, or in connection
with the transaction of official business by
any agency.
5. Any agency document, however, prepared, if circulated
for review, comment or information, is a public record
regardless of whether it is an official expression of policy,
or marked "preliminary" or "working draft" or similar label.
6. Article I, section 24, of the Florida Constitution,
establishes a constitutional right of access to any public record
made or received in connection with the official business of
any public body, officer, or employee or "persons acting on
their behalf"?except those records exempted by law pursuant
to that provision or made confidential
by the Constitution. This right of access to public records
applies to legislative, executive and judicial branches of
government; counties, municipalities and districts, etc.
7. However, the Florida Public Records Act which
is key to application of the constitutional provisions
does not apply to the State Legislature or the judiciary.
8. Private agencies acting on behalf of public agencies
also are covered, but that is a complex issue.
9. Shands facilities twice unsuccessfully have
tried to argue in Court that they are NOT bound by
public access provisions. The public is entitled to records
of Shands facilities and about the University of Florida.
10. Almost all e-mails to and from public employees
are public records we can access.
11. Records of outside attorney bills received by
the City's risk management office for the defense of
the municipality or for the defense of its employees,
e.g. GPD officers, are public records subject to disclosure.
12. Any local law or policy which tries to add
conditions or place restrictions on public record access
has little value. State law has preempted any local
regulation on this subject.
13. Every person who has custody of a public
record must disclose it, even though the City or University
or Shands may have a designated custodian of public
records. That includes all employees with the power
to release or communicate public records.
14. Any person can inspect public records. It is
the policy of this state that all state, county, and
municipal records shall be open for personal inspection.
15. The person seeking the records does not
have to show any purpose of specific condition to
inspect public records and to copy them?at a reasonable
cost?5 cents to 15 cents a page.
16. Gainesville employees other than the Clerk's
office regularly violate the law by denying a request
to inspect and/or copy public records, because, say,
the City Attorney, or the Equal Opportunity Charter
Officer claims?wrongly?that the request "lacks specifics."
17. State case law indicates that most public
records must be produced within a reasonable time
of the request, usually no more than 48-72 hours.
18. An unreasonable delay provides grounds
for a legal action.
19. Any request for inspection of public
records can be made orally, as well as in writing,
by mail, or other communication, as well as in person.
20. The public agency does NOT have
to give information. The requirement of access
only applies to existing public records.
21. If a public agency requests an exemption,
the custodian must identify the basis for the
exemption including the specific law allowing
for the exemption?that is, allowing for a specific
exception to the rule of public access.
22. A city can cover up information specifically
protected from access, e.g. the addresses of GPD
officers, but it still must allow inspection of the rest
of the records.
23. Public records must be open for inspection?
not necessarily copying?without charge UNLESS
the nature or volume of public records to be inspected
requires extensive use of information technology resources,
or extensive clerical or supervisory assistance, or both.
24. Gainesville?other than the cooperative
Clerk's office?too often hides behind that right to charge
by claiming everything requires extensive use of
information technology resources, or extensive
clerical or supervisory assistance, or both.
25. Even so the costs must be reasonable
based on actual labor or computer costs incurred
by the agency. You are entitled to an estimate in advance.
26. A small charge may be allowed for each
page you want to copy?not to inspect! You are entitled
to inspect without charge except as I have noted above.
27. On your behalf, an attorney can petition
for a writ of mandamus to the local circuit court if
he or she believes that the records holder is stonewalling.
That attorney can get fees for such violations. An
individual other than an attorney proceeding pro se
cannot get fees or usually even costs.
28. Such petitions are given top priority in
terms of court response.
29. During this campaign, Gabriel will try to
answer any question about City/University responses
to public record act requests.
30. The Florida Public Records Act task
force may continue after the election. The time
has come to take back access to public information
from the Gainesville Sun and the Independent Alligator.
They have not made good use of the law to protect
the public's right to know.
Of course, please feel free to ask questions beyond
those I have proposed. These provisions are the key
to a renewed and reawakened public interest. Good luck.
Paid political advertisement for Gabriel
for Gainesville City Commissioner-at-Large (2)
Legalizing drugs would simultaneously reduce the amount of crime and raise the quality of law enforcement. Can you conceive of any other measure that would accomplish so much to promote law and order?
--Economist Milton Friedman
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