Florida Atlantic University Florida State Laws Research Paper

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Business Finance

Florida Atlantic University

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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 http://myfloridalegal.com/ago.nsf/Web+Search+Simple (Links to an external site.) 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 http://myfloridalegal.com/ago.nsf/Web+Search+Simple (Links to an external site.) 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. 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/ (Links to an external site.) (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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Explanation & Answer

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Running head: FLORIDA LAWS

1

Florida Laws
Student’s Name
Course Title
Institution Affiliation
Assignment Due Date

Running head: FLORIDA LAWS

2
Florida Laws

Florida Statute Chapter 119
The public records are all documents, maps, papers, books, tapes, photographs,
recordings and other materials despite the physical state, means of transmission or other
materials (119.020.12). The public policy deals with records that are available for inspection and
also being copied by anybody wishing to obtain any information from the document. The
documents are either from the state, county or from the municipal that are left for the public
under the responsibility of each of the bodies (section 119.01).
There are general exceptions according to section 119.07 are as follows; first, any person
who has custody of the record shall allow the paper to be inspected and copied by any person
wishing to do so, at any reasonable time, under moderate conditions and the supervision of the
custodian of the public record. Secondly, the custodian of public records or the person in custody
of public records may appoint another officer or staff member of the agency to authorize the
inspection and copying of public records but shall disclose the identity of the designated person
to the person requesting the review or copying of public records. Third, The Custodian of Public
Records and the Custodian of Public Records must acknowledge requests for prompt inspection
or copying of documents and respond to such requests in good faith. Response to good faith
involves making reasonable efforts to determine, from other officers or staff within the agency,
whether such a record exists and, if so, where the document can be obtained.
The documents are Florida Rules of Criminal Procedure, regarding the right and extent of
discovery by the state or by a defendant in a criminal prosecution or collateral post-conviction
proceedings. Any inmate may not use this section as the basis for failing to timely litigate any
post-conviction action [section119.07 (8)]

Running head: FLORIDA LAWS

3

Florid...


Anonymous
Awesome! Perfect study aid.

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