The attorney general s office does not prepare opinions for private citizens. The attorney general issues written legal opinions to certain state officials upon request. 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. Faqs sunshine manual sunshine law court cases regarding floridas sunshine laws training. Chris anderson, executive director the florida commission on ethics p.
In the sunshine florida government information research. As this office recognized in attorney general opinion 9506. Attorney general dewine announces concealed carry reciprocity. It is a particular pleasure to introduce this years edition of the attorney generals public records and meetings manual. The manual is updated each year and is available for purchase through the first amendment foundation in tallahassee. 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. While advisory documents may be public records, the righttoknow law does. 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the 2017 legislative session, which saw the most significant reforms to the oregon public records law since it was originally enacted in 1973.
A public record is defined as any writing, sound or video that reflects the performance or lack of performance of an official function. 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. Florida attorney generals office advisory legal opinion. The florida sunshine law requires that cities permanently keep all emails sent and received by public employees, creating an enormous number of records.
Freedom of information act arkansas attorney general. Governmentin thesunshine manual florida attorney general. 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. Attorney general rutledge hosts the offices first foia teletown hall april 23, 2015. Thus, exemptions from the public records law do not by implication allow an agency otherwise subject to section 286. Settlement agreement between gulf states and the bp entities filed october 5, 2015. 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. Continuing legal education cle sunshine advisories. 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. Florida attorney general s office advisory legal opinion number ago 9570 date.
The items listed above do not have the force or effect of law as do provisions of the constitution, statutes. The office of the new mexico attorney general regularly conducts educational presentations on these sunshine laws throughout the state. 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 attorney general of the state of florida has always been. The manual is published each year at no taxpayer expense by the first amendment foundation in tallahassee. 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. Government in the sunshine manual florida attorney general. Concealed carry reciprocity agreements ohio attorney general. Since 1909, floridas public records law, codified in chapter 119 of the florida. Such suit may be brought in any circuit court of this state having jurisdiction over the party or parties defendant. State of florida reference materials including guidelines for.
Virtually all state and local collegial public bodies. The florida sunshine law the main provision of the sunshine law, section 286. The attorney general s office has consistently sought to safeguard florida s pioneering governmentinthe sunshine laws. Florida attorney general frequently asked questions. John clapper, iii collier county school board attorney 850 park shore drive trianon centerthird floor naples, florida 34103 re. 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 which is the designation for all attorney general opinions issued since september 14, 2006 are cited by their date of issuance. Advisory opinions by year division of elections florida.
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. Butterworth secretary department of children and families 17 winewood boulevard tallahassee, florida 323990700 re. Emily myers, state attorneys general powers and responsibilities. Attorney generals public records and meetings manual 2019. Florida attorney general advisory legal opinion jun 12, 2002 ago 0241. Does the sunshine law apply to commissions created by the constitution. In 2015, the legislature expressly designated the composition of each regional planning council in section 186. 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. Florida attorney general attorney general opinions.
The law gives arkansans access to public records and public meetings, with some exceptions. 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. Florida sunshine law office of the general counsel. The sunshine law extends to the discussions and deliberations as well as the formal action taken by a public board or commission. Florida attorney general advisory legal opinion apr 30, 2004 ago 04020. Roberts port orange city attorney city center circle port orange, florida 32119 re. Ag opinions antitrust civil litigation consumer protection criminal. In 1991, a decision by the florida supreme court raised questions which made it clear that the best way to ensure the publics right. Advertising use of current office title in political ads for another office 104. 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. 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. Our attorneys have worked, both in the courtroom and out, to halt public records violations. 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.
All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal. Drawer 15709 tallahassee, fl 323175709 850 4887864. Attorney general opinions alaska department of law. The code of ethics for public officers and employees. Florida s governmentinthe sunshine manual and public records law manual questions and answers on section 286. For example, i99003 would be the third opinion issued in 1999. Ohio law gives the attorney general the right to negotiate concealed carry handgun reciprocity agreements with other states. Office of the attorney general florida department of legal. As i have indicated, the state attorney s office is responsible for investigating and prosecuting any violations of the government in the sunshine law. Baker act physician assistants ability of physician assistant to. 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. Florida attorney generals office advisory legal opinion number ago 9570 date.
Petitions effect of paid initiative petition circulators on undue. All meetings of any board or commission of any state agency or authority or of any agency or authority of any county. Role of the attorney general university of florida college of law. In addition, the criminal appeals division represents wardens in state and federal habeas corpus cases, represents the states interest in extraordinary writ cases. The florida public records law unequivocally states, it is the. Court and an attorney generals opinion have addressed the issue of when an individual. Oma and ipra nm sunshine laws attorney general of new. Florida sunshine laws for homeowners associations legal. 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. 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 number in parentheses r98025 references the request for an opinion file number. 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. Right to know memorandum new hampshire attorney general. Florida sunshine law and search committees what is the florida sunshine law.
This website is designed to help government agencies, the media and private citizens understand floridas open government and public records laws. Meetings of faculty or staff are generally not subject to the sunshine law. Attorney general opinions arizona attorney general. In the sunshine florida government information research tips. 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. How can i find out more about the open meetings and public records laws. Oct 21, 2015 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. Sunshine law penalties, school advisory committee mr.
Oma and ipra nm sunshine laws attorney general of new mexico. Opinions of the attorney general are advisory, and do not have the same effect as decisions of a court of law. Floridas sunshine laws, appointing and working with the statewide, prosecutor and. Every year, the attorney general s office publishes a manual that is available free of charge to residents to help them understand these laws. Generally speaking, the sunshine law supports the right of the public to have access to government meetings and records. The attorney general has approved a municipalitys creation of a. 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. 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 attorney generals office has consistently sought to safeguard floridas pioneering governmentinthesunshine laws. Whether the correspondence among and between the florida state fair authority members constitutes a meeting that should have been conducted pursuant to section 286. Qualifying statement of financial interests as qualifying document 99. Floridas governmentinthesunshine law provides a right of access to governmental proceedings at both the state and local levels.
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. The attorney general s open government resource manual describes washingtons open government laws as of the last update in 2016. Under such agreements, ohio and other states agree to respect each others concealed carry laws and recognize each others permit holders. Open meetings laws in florida digital media law project.
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