Florida's Sunshine Law: A History of Open Records and Open Meetings
Florida is known for some of the broadest open-government laws in the country. They were built over more than eight decades, through statutes, voter-approved amendments and a review system for secrecy carve-outs.
1909: The Public Records Law
The Legislature passed Chapter 119, the Public Records Law, in 1909, according to the Florida Attorney General's Office. Its premise is that records made or received by public agencies are open to inspection unless lawmakers specifically exempt them. The definition of a record has since expanded to include photographs, films, sound recordings and computer files, notes the Brechner Center for Freedom of Information at the University of Florida.
1967: The Sunshine Law
The Government-in-the-Sunshine Law, now in Chapter 286, was enacted in 1967, the Attorney General's Office says; the statute's history traces to a 1967 session law, chapter 67-356. Under section 286.011, meetings of state and local boards where official acts are taken must be open, with reasonable notice. Actions taken outside a public meeting are not binding. A public officer who violates the law faces a noncriminal fine of up to $500, and a board member who knowingly does so commits a second-degree misdemeanor.
1990 and 1992: Into the Constitution
For years it was unclear whether the Sunshine Law applied to the Legislature itself. In 1990, voters approved an amendment requiring open legislative meetings, the Brechner Center notes. In 1992, voters went further, adding Article I, Section 24, which made access to records and meetings a constitutional right across all three branches, including the courts. The Attorney General's Office says its staff drafted that amendment.
How exemptions are made
Only the Legislature can create exemptions. Under the Constitution, each must be passed by a two-thirds vote of each chamber, state the specific public necessity behind it, be no broader than necessary, and address only one subject. The two-thirds rule came from a 2002 amendment approved by 75% of voters, according to the Brechner Center, which reports that lawmakers have enacted more than 200 exemptions.
New exemptions also expire automatically. Under the Open Government Sunset Review Act, a new or expanded exemption is repealed on Oct. 2 of the fifth year after it takes effect unless lawmakers reenact it. Before voting, the Legislature must weigh what the exemption covers, whom it affects and whether the information is available elsewhere.
How we reported this: This explainer was drafted with AI assistance from the sources linked above, and every fact was checked against those sources. See an error? Contact us and we'll correct it.
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