26 Feb Research and find the Florida Statute Chapter 119 that applies to Public Records

We have studied the Freedom of Information Act this term which is a federal law that requires disclosure of records and documents held by federal administrative agencies. We have also studied the Federal Sunshine Act which requires federal administrative agencies to hold their meetings with proper notice and open to the public (with some exceptions).

Florida is known as the “Sunshine State” for several reasons—for our purposes, it is one of the most progressive states believing in public records and public meetings. The following exercise will help you develop your skills in researching Florida Public Records and Florida Sunshine Laws which do apply to Florida State and Local Administrative agencies.

1. Research and find the Florida Statute Chapter 119 that applies to Public Records. What is the definition of a public record in this chapter and cite the specific statute that gives you this definition. In Chapter 119, it contains a list of “exemptions” from disclosure (those records that should not be disclosed to the public). Cite the statute and give three types or categories of records that are exempt from disclosure.

2. Research and find the Florida Statute Chapter 286 that applies to Governmental Meetings. Most governmental meetings are open to the public and require prior public notice. However, there are exemptions to this rule and some meetings are not open to the public. Find the statute that identifies one of these exemptions and cite it—and explain what kind of meeting can be closed (not open to the public) per its terms.

3. Often administrative agencies have questions as to the application of Chapter 119 to their operations. Thus, they are allowed to submit a request for guidance from the Florida Attorney General’s Office. The Florida Attorney General will issue a written opinion and these written opinions can be searched at https://www.myfloridalegal.com/ag-opinions. Go to this site and search for any issued written opinion in the last 20 years that address any question concerning a specific statute in chapter 119 of the Florida Statutes. When you find an opinion, link it and explain the question asked and the answer given by the Attorney General.

4. Often administrative agencies have questions as to the application of Chapter 286 to their operations. Thus, they are allowed to submit a request for guidance from the Florida Attorney General’s Office. The Florida Attorney General will issue a written opinion and these written opinions can be searched at https://www.myfloridalegal.com/ag-opinions. Go to this site and search for any issued written opinion in the last 20 years that address any question concerning a specific statute in chapter 286 of the Florida Statutes that deals with public meetings. When you find an opinion, link it and explain the question asked and the answer given by the Attorney General.

5. Conduct legal research in Florida State Case law on https://scholar.google.com/. (Google Scholar) remember that you will have to select “cases” option first, then limit it to Florida State cases). Search the cases and find a case dealing with any statute in chapter 119 or 286 and explain the facts, issue before the court and ultimate ruling of the court. Provide the direct link to the case as part of your response to allow the instructor to quickly review the case you selected.

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