We The People: Penalties for Not Following Public Records Law
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Updated: 1:29 PM Jul 30, 2009
We The People: Penalties for Not Following Public Records Law
Florida law allows anyone to access documents from a public agency without proof of identity or even a reason, but what are the punishments if an agency doesn't follow the rules? Eyewitness News Reporter John Rogers explores that in this final part of the series, 'We the People'.
Posted: 5:32 PM Jul 29, 2009
Reporter: John Rogers
Email Address: john.rogers@wctv.tv
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Florida law allows anyone to access documents from a public agency without proof of identity or even a reason, but what are the punishments if an agency doesn't follow the rules?

Eyewitness News Reporter John Rogers explores that in this final part of the series, 'We the People'.

Everything in the dark shall be brought to light.

Florida law makes it easy for citizens to get a hold of public records, but if a public agency refuses to follow this law... there could be punishments.

Florida Attorney General Bill McCollum says, "There's no excuse today for not making your records available."

Florida statutes says if a member of a governmental agency knowingly violates the sunshine law, he could be guilty of a misdemeanor crime.

This means up to a year in jail and up to a one-thousand dollar fine.

ACLU Attorney Larry Spalding says, "Business and government like to do a lot of their activities behind closed doors."

But the sunshine law keeps these activities in the open.

All documents and materials made in connection with any state agency become public records.

If a public official knowingly violates this law, the person could be subject to removal from office.

But the Attorney General's office says public agencies in Florida have done a good job following the law.

Florida Sunshine Law and Public Records Attorney Alexis Lambert says, "Sometimes all we have to do is provide agencies with a friendly reminder about the statutory limits on pricing. And little problems tend to resolve themselves rather quickly."

When faced with problems in requesting public records, the first line of defense is the Attorney General's office.

The office says an individual can also file a civil suit.

"or file a criminal complaint in cases of particularly egregious conduct with the State attorney's office in your individual judicial circuit," says Lambert.

Some warning signs you can look for is if a public agency demands identification or charges an unreasonable price for your request.

Florida's public records law is meant to be available to everyone without restraint....but if the law is not followed, citizens should not hold back in speaking out.

To find out more information about public records in Florida, click on the link below.


Latest Comments

Posted by: John Location: North Miami Beach on May 31, 2011 at 11:37 PM

I know of a situation in North Miami Beach where a citizen activist has had a trespass warning put against them and is being threatened with arrest if they go to city hall or the police department for any reason. this individual has done nothing but tell the truth about what has been done and being done in the city.As time has shown and proven. The police made up stories to try and justify those actions.
Posted by: Nicki Location: Tampa on Mar 5, 2011 at 06:52 AM

There is a huge news story here and part of it concerns a local non-profit that is refusing to provide information to a reporter under the Sunshine Law and has been for months. According to the news story the non profit has over $3 million in federal and state grant money. Doesn't that mean they have to comply with the Sunshine Law?
Posted by: Samuel Chesser Location: Tavares, Fl on Feb 10, 2011 at 01:28 PM

Our Board of Directors uses telephone conferences to vote on issues without posting notice of the time or subject. Also no minutes are taken and no record of how the directors voted or of any debate. The chair person claims these to be emergency sessions and they do not have to be open to the owners of the HOA. Our governing documents and Roberts rules do not specifficately allow telephone votes. I don't think we are afforded any protection under the "sunshine Law" but is there an agency who has jurisdiction in this matter?
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