PUBLIC RECORDS LAW PUBLIC RECORDS LAW

F.S. 119.01(1)F.S. 119.01(1)

It is the policy of this state that all state, It is the policy of this state that all state, county, and municipal records are open for county, and municipal records are open for personal inspection and copying by any personal inspection and copying by any person. Providing access to public records person. Providing access to public records is a is a dutyduty of each agency. of each agency.

F.S. 119.011(11) F.S. 119.011(11)

"Public records" means all documents, "Public records" means all documents, papers, letters, maps, books, tapes, papers, letters, maps, books, tapes, photographs, films, sound recordings, data photographs, films, sound recordings, data processing software, or other material, processing software, or other material, regardless of the physical form, regardless of the physical form, characteristics, or means of transmission, characteristics, or means of transmission, made or receivedmade or received pursuant to law or pursuant to law or ordinance or in connection with the ordinance or in connection with the transaction of official businesstransaction of official business by any by any agency. agency.

any material prepared in connection with any material prepared in connection with official agency business which is official agency business which is intended intended to perpetuate, communicate, or formalize to perpetuate, communicate, or formalize knowledgeknowledge of some type. of some type. Shevin v. Byron, Shevin v. Byron, Harless, Schaffer, Reid and Associates, Harless, Schaffer, Reid and Associates, Inc.Inc., 379 So. 2d 633, 640 (Fla. 1980)., 379 So. 2d 633, 640 (Fla. 1980).

ExemptionsExemptions

F.S. 119.011(8)F.S. 119.011(8)

"Exemption" means "Exemption" means a provision of general a provision of general lawlaw which provides that a specified record which provides that a specified record or meeting, or portion thereof, is not or meeting, or portion thereof, is not subject to the access requirements of subject to the access requirements of s.119.07(1)s.119.07(1), , s. 286.01s. 286.01, or , or s. 24, Art. I of s. 24, Art. I of the State Constitution.the State Constitution.

A document is exempt if a statute exempts A document is exempt if a statute exempts it.it.

There are approximately 900 public There are approximately 900 public records and public meetings exemptions. records and public meetings exemptions. (HB 1731, Staff Analysis, 3/30/2005)(HB 1731, Staff Analysis, 3/30/2005)

119.071119.071General ExemptionsGeneral Exemptions

Agency AdministrationAgency Administration

Attorney Work ProductAttorney Work Product Data Processing Software Data Processing Software

Agency Investigations Agency Investigations

Active criminal intelligence and active Active criminal intelligence and active criminal investigative informationcriminal investigative information

F.S. 119.071(2)(g)F.S. 119.071(2)(g)

When the alleged victim chooses not to file When the alleged victim chooses not to file a complaint and requests that records of a complaint and requests that records of the complaint remain confidential, all the complaint remain confidential, all records relating to an allegation of records relating to an allegation of employment discrimination are confidential employment discrimination are confidential and exempt from s. 119.07(1) and and exempt from s. 119.07(1) and s. s. 24(a), Art. I of the State Constitution24(a), Art. I of the State Constitution. .

SecuritySecurity

Buildings plans, blueprints, drawings, Buildings plans, blueprints, drawings, security system planssecurity system plans

Agency Personnel InformationAgency Personnel Information

F.S. 119.071(4)(a)1F.S. 119.071(4)(a)1 The social security numbers of all current The social security numbers of all current

and former agency employees which and former agency employees which numbers are contained in agency numbers are contained in agency employment records are exempt from s. employment records are exempt from s. 119.07(1) and 119.07(1) and s. 24(a), Art. I of the State s. 24(a), Art. I of the State ConstitutionConstitution..

F.S. 119.07(4)(b)F.S. 119.07(4)(b)

Medical information pertaining to a Medical information pertaining to a prospective, current, or former officer or prospective, current, or former officer or employee of an agency which, if disclosed, employee of an agency which, if disclosed, would identify that officer or employee is would identify that officer or employee is exempt from s. 119.07(1) and exempt from s. 119.07(1) and s. 24(a), Art. s. 24(a), Art. I of the State ConstitutionI of the State Constitution..

F.S. 119.07(4)(d)1-7F.S. 119.07(4)(d)1-7

The home addresses, telephone numbers, The home addresses, telephone numbers, social security numbers, and photographs social security numbers, and photographs of certain specified employees of certain specified employees

Other Personal InformationOther Personal Information

F.S. 119.071(5)(a)2F.S. 119.071(5)(a)2

An agency shall not collect an individual's An agency shall not collect an individual's social security number unless authorized social security number unless authorized by law to do so or unless the collection of by law to do so or unless the collection of the social security number is otherwise the social security number is otherwise imperative for the performance of that imperative for the performance of that agency's duties and responsibilities as agency's duties and responsibilities as prescribed by law. prescribed by law.

Social security numbers collected by an Social security numbers collected by an agency must be relevant to the purpose agency must be relevant to the purpose for which collected and shall not be for which collected and shall not be collected until and unless the need for collected until and unless the need for social security numbers has been clearly social security numbers has been clearly documented. documented.

An agency that collects social security An agency that collects social security numbers shall also segregate that number numbers shall also segregate that number on a separate page from the rest of the on a separate page from the rest of the record, or as otherwise appropriate, in record, or as otherwise appropriate, in order that the social security number be order that the social security number be more easily redacted, if required, pursuant more easily redacted, if required, pursuant to a public records request. to a public records request.

An agency collecting a person's social An agency collecting a person's social security number shall, upon that person's security number shall, upon that person's request, at the time of or prior to the actual request, at the time of or prior to the actual collection of the social security number by collection of the social security number by that agency, provide that person with a that agency, provide that person with a statement of the purpose or purposes for statement of the purpose or purposes for which the social security number is being which the social security number is being collected and used. collected and used.

Social security numbers collected by an Social security numbers collected by an agency shall not be used by that agency agency shall not be used by that agency for any purpose other than the purpose for any purpose other than the purpose stated.stated.

F.S. 119.071(5)(a)3F.S. 119.071(5)(a)3

Effective October 1, 2002, all social security Effective October 1, 2002, all social security numbers held by an agency are confidential and numbers held by an agency are confidential and exempt from s. 119.07(1) and exempt from s. 119.07(1) and s. 24(a), Art. I of s. 24(a), Art. I of the State Constitutionthe State Constitution. This exemption applies to . This exemption applies to all social security numbers held by an agency all social security numbers held by an agency before, on, or after the effective date of this before, on, or after the effective date of this exemption.exemption.

F.S. 119.071 (5)(b)F.S. 119.071 (5)(b)

Bank account numbers and debit, charge, and Bank account numbers and debit, charge, and credit card numbers held by an agency are credit card numbers held by an agency are exempt from s. 119.07(1) and exempt from s. 119.07(1) and s. 24(a), Art. I of s. 24(a), Art. I of the State Constitutionthe State Constitution. This exemption applies to . This exemption applies to bank account numbers and debit, charge, and bank account numbers and debit, charge, and credit card numbers held by an agency before, credit card numbers held by an agency before, on, or after the effective date of this exemption. on, or after the effective date of this exemption.

F.S.119.0711F.S.119.0711Executive Branch Agency ExemptionsExecutive Branch Agency Exemptions

All complaints and other records in the custody of any All complaints and other records in the custody of any agency in the executive branch of state government agency in the executive branch of state government which relate to a complaint of discrimination relating to which relate to a complaint of discrimination relating to race, color, religion, sex, national origin, age, handicap, race, color, religion, sex, national origin, age, handicap, or marital status in connection with hiring practices, or marital status in connection with hiring practices, position classifications, salary, benefits, discipline, position classifications, salary, benefits, discipline, discharge, employee performance, evaluation, or other discharge, employee performance, evaluation, or other related activities are exempt from s. 119.07(1) and related activities are exempt from s. 119.07(1) and s. s. 24(a), Art. I of the State 24(a), Art. I of the State Constitution until a finding is Constitution until a finding is made relating to probable cause, the investigation of the made relating to probable cause, the investigation of the complaint becomes inactive, or the complaint or other complaint becomes inactive, or the complaint or other record is made part of the official record of any hearing record is made part of the official record of any hearing or court proceeding. or court proceeding.

F.S.119.072F.S.119.072

Department of HealthDepartment of Health Department of Highway Safety and Motor Department of Highway Safety and Motor

Vehicles Vehicles

Executive Branch Agency-Specific ExemptionsExecutive Branch Agency-Specific Exemptions

F.S.119.0713F.S.119.0713

Local Government Agency Local Government Agency Exemptions Exemptions

Each agency may have their own Each agency may have their own exemptions in other statutesexemptions in other statutes

DOCDOC Confidential Information- 945.10Confidential Information- 945.10

DOTDOT Financial Statements- 337.14(1)Financial Statements- 337.14(1) Trade Secrets- 334.049(4) Trade Secrets- 334.049(4)

Case Law Exemptions Case Law Exemptions

ShevinShevin Case- Drafts Case- Drafts

Seigle v. BarrySeigle v. Barry, 422 So. 2d 63 (Fla. 4th , 422 So. 2d 63 (Fla. 4th DCA 1982)DCA 1982)

The public has a right to inspect records in the The public has a right to inspect records in the format maintained by the state. If the format maintained by the state. If the software cannot produce the records in the software cannot produce the records in the format preferred by the requesting party, the format preferred by the requesting party, the state is not obligated to do so. state is not obligated to do so.

Personnel RecordsPersonnel Records

Personnel Records are public records Personnel Records are public records within the meaning of Chapter 119. within the meaning of Chapter 119. Michel Michel v. Douglasv. Douglas, 464 So. 2d 545, 546 (Fla. , 464 So. 2d 545, 546 (Fla. 1985); 1985); News-Press Publishing Co. v. News-Press Publishing Co. v. WisherWisher, 345 So. 2d 646, 647 (Fla. 1977)., 345 So. 2d 646, 647 (Fla. 1977).

What is kept in personnel files is largely a What is kept in personnel files is largely a matter of judgment of the employer, but matter of judgment of the employer, but whatever is so kept is public record and whatever is so kept is public record and subject to being published. subject to being published. Michel v. Michel v. DouglasDouglas

Grievance records of teachers employed Grievance records of teachers employed by county school board were public by county school board were public records, even though a collective records, even though a collective bargaining agreement prohibited their bargaining agreement prohibited their disclosure. disclosure. Mills v. DoyleMills v. Doyle, 407 So. 2d 348 , 407 So. 2d 348 (Fla. 4th DCA 1981)(Fla. 4th DCA 1981)

No policy of the state protects a public No policy of the state protects a public employee from the embarrassment which employee from the embarrassment which results from his or her public employer's results from his or her public employer's discussion or action on the employee's discussion or action on the employee's failure to perform his or her duties failure to perform his or her duties properly. properly. News-Press Publishing Co. v. News-Press Publishing Co. v. WisherWisher

No absolute right to No absolute right to examine all personnel files.examine all personnel files.

Certain information if exempt by Certain information if exempt by statute and must be redactedstatute and must be redacted

Drafts- not completed investigations Drafts- not completed investigations

Personnel Records: not like all Personnel Records: not like all other business recordsother business records

We find, however, that the right of access We find, however, that the right of access to personnel records as public records is to personnel records as public records is not the right to rummage freely through not the right to rummage freely through public employees' personal lives. public employees' personal lives. Michel v. Michel v. DouglasDouglas

Personnel records are not kept as a Personnel records are not kept as a principal function of a public agency. They principal function of a public agency. They are merely an internal agency function are merely an internal agency function maintained to facilitate the primary maintained to facilitate the primary purpose of that particular agency. purpose of that particular agency. Michel Michel v. Douglas;v. Douglas; Roberts v. News-Press Publishing Co., 40Roberts v. News-Press Publishing Co., 409 So.2d 1089, 1095 (Fla. 2d DCA)9 So.2d 1089, 1095 (Fla. 2d DCA). .

Discipline DecisionsDiscipline Decisions

Like grievance records, generally a public Like grievance records, generally a public record.record.

Any exemptions (drafts, investigations)Any exemptions (drafts, investigations) Even if causes embarrassment. Even if causes embarrassment. News-News-

Press Publishing Co. v. WisherPress Publishing Co. v. Wisher

WisherWisher: denied newspaper access to personnel : denied newspaper access to personnel files of county employees after the Board of files of county employees after the Board of County Commissioners had voted in public to County Commissioners had voted in public to place a warning of possible termination in the place a warning of possible termination in the personnel file of an unnamed employee.personnel file of an unnamed employee.

The document or documents which identified the The document or documents which identified the name of the department head and expressed the name of the department head and expressed the commission's reasons for taking action on his or commission's reasons for taking action on his or her continued employment are nonexempt public her continued employment are nonexempt public documents, including the document or documents, including the document or documents of warning which were placed in his documents of warning which were placed in his or her file on direction of the Commission.or her file on direction of the Commission.

Sealing Records Sealing Records

(usually seal a company’s (usually seal a company’s data, but not personnel files data, but not personnel files

on bad conduct)on bad conduct)

Hiring/Interview NotesHiring/Interview Notes

Public RecordPublic Record Possible Arguments Against Public Possible Arguments Against Public

Records:Records: May be able to argue Wisher and not allow May be able to argue Wisher and not allow

unbridled reviewunbridled review Notes are preliminary Notes are preliminary

Affect of Outsourcing on Public Affect of Outsourcing on Public RecordsRecords

Which contractors are bound by public Which contractors are bound by public records law? records law?

F.S. 287.058(1)(c), F.S. 287.058(1)(c), “where “where applicable,”applicable,” the contract should the contract should

include:include:

A provision allowing unilateral cancellation by A provision allowing unilateral cancellation by the agency for refusal by the contractor to allow the agency for refusal by the contractor to allow public access to all documents, papers, letters, public access to all documents, papers, letters, or other material made or received by the or other material made or received by the contractor in conjunction with the contract, contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of unless the records are exempt from s. 24(a) of Art. I of the State Constitution and s. Art. I of the State Constitution and s. 119.07(1).119.07(1).

Definition of agency: Definition of agency: F.S.119.011(2) F.S.119.011(2)

"Agency" means any state, county, district, "Agency" means any state, county, district, … and any other public or private agency, … and any other public or private agency, person, partnership, corporation, or person, partnership, corporation, or business entity acting on behalf of any business entity acting on behalf of any public agencypublic agency..

Courts apply “totality of factors” test to Courts apply “totality of factors” test to determine if a contractor is “acting on determine if a contractor is “acting on behalf of a public agency.” behalf of a public agency.” News and News and Sun-Sentinel Company v. Schwab, Twitty Sun-Sentinel Company v. Schwab, Twitty & Hanser Architectural Group, Inc.& Hanser Architectural Group, Inc., 596 , 596 So. 2d 1029 (Fla. 1992)So. 2d 1029 (Fla. 1992)

Nine factors in Schwab but Court said may Nine factors in Schwab but Court said may be more.be more.

Company designing schools for school Company designing schools for school board was merely providing professional board was merely providing professional services and not subject to Chapter 119services and not subject to Chapter 119

Company not regulated by school board, Company not regulated by school board, payment was for professional services, payment was for professional services, company not involved in school board’s company not involved in school board’s decision making process, not performing a decision making process, not performing a governmental function.governmental function.

For hire professional services, not related For hire professional services, not related to traditional governmental services, are to traditional governmental services, are not subject to Chapter 119.not subject to Chapter 119.

an architectural firm, such as the respondent, an architectural firm, such as the respondent, that contracts to provide professional services that contracts to provide professional services for the construction of a school is not acting for the construction of a school is not acting on behalf of a public agency so as to be on behalf of a public agency so as to be subject to the provisions of chapter 119. 596 subject to the provisions of chapter 119. 596 So. 2d 1033.So. 2d 1033.

Booksmart Enterprises, Inc. v. Barnes and Booksmart Enterprises, Inc. v. Barnes and Noble College BookstoreNoble College Bookstore, 718 So. 2d 227 , 718 So. 2d 227 (Fla. 3d DCA 1998).(Fla. 3d DCA 1998).

Barnes and Noble operated campus Barnes and Noble operated campus bookstore. Off campus competitor wanted the bookstore. Off campus competitor wanted the forms professors filled out listing books forms professors filled out listing books needed for their courses that Barnes and needed for their courses that Barnes and Noble used to order books.Noble used to order books.

We conclude that the completed forms are We conclude that the completed forms are public records and that Barnes & Noble is public records and that Barnes & Noble is their custodian, therefore Barnes & Noble their custodian, therefore Barnes & Noble must comply with the provisions of chapter must comply with the provisions of chapter 119, Florida Statutes (1995), including those 119, Florida Statutes (1995), including those that require a records custodian to make the that require a records custodian to make the documents available for inspection and documents available for inspection and copying by any person (including copying by any person (including Booksmart). Booksmart).

Salvation Army contracted with a county to Salvation Army contracted with a county to provide probationary services for provide probationary services for misdemeanants, which county was required misdemeanants, which county was required to have performed by law.to have performed by law.

Salvation Army was subject to Chapter 119. Salvation Army was subject to Chapter 119. Providing essential government services. Providing essential government services. Something the government normally has to Something the government normally has to perform and regularly performs.perform and regularly performs.

Stanfield v. Salvation ArmyStanfield v. Salvation Army, , 695 So. 2d 501 (Fla. 5th DCA 1997)695 So. 2d 501 (Fla. 5th DCA 1997)

News-Journal Corporation News-Journal Corporation v.v.

Memorial Hospital-West Volusia, Inc. Memorial Hospital-West Volusia, Inc., , 695 So. 2d 418 (Fla. 5th DCA 1997).695 So. 2d 418 (Fla. 5th DCA 1997).

Private company took over managing a Private company took over managing a county hospital. county hospital.

Essential government service, government Essential government service, government subsidized corporation’s costs, services subsidized corporation’s costs, services provided on government owned property.provided on government owned property.

Therefore, corporation is subject to 119Therefore, corporation is subject to 119

What about private attorneys What about private attorneys hired by a state agency?hired by a state agency?

Schwab: a professional service company Schwab: a professional service company is not an agent under Chapter 119.is not an agent under Chapter 119.

News-Journal CorporationNews-Journal Corporation

If one merely undertakes to provide material--If one merely undertakes to provide material--such as police cars, fire trucks, or computers--or such as police cars, fire trucks, or computers--or agrees to provide services--such as legal agrees to provide services--such as legal servicesservices, accounting services, or other , accounting services, or other professional services--for professional services--for the public body to usethe public body to use in performing its obligations, then there is little in performing its obligations, then there is little likelihood that such contractor's business likelihood that such contractor's business operation or business records will come under operation or business records will come under the open meetings or public records the open meetings or public records requirements. requirements.

Times Publishing Company, Inc. Times Publishing Company, Inc. v. v.

City of St. PetersburgCity of St. Petersburg, , 558 So. 2d 487 (Fla. 2d DCA 1990)558 So. 2d 487 (Fla. 2d DCA 1990)

Cannot avoid Chapter 119 by letting a private company Cannot avoid Chapter 119 by letting a private company hold documents.hold documents.

City and Chicago White Sox negotiated to lease a City and Chicago White Sox negotiated to lease a baseball stadium. Copies of the leases were retained by baseball stadium. Copies of the leases were retained by an attorney hired by the White Sox or at the offices of the an attorney hired by the White Sox or at the offices of the White Sox. City never took possession of the leases and White Sox. City never took possession of the leases and only reviewed them and negotiated them at these two only reviewed them and negotiated them at these two sites. City employees took extensive notes which they sites. City employees took extensive notes which they did not share with anyone. did not share with anyone.

Leases were public records:Leases were public records:

““Once exhibited to city officials as part of Once exhibited to city officials as part of the bargaining process, where the the bargaining process, where the documents were revised as a result of the documents were revised as a result of the mutual negotiations between the parties, mutual negotiations between the parties, the draft leases and other related the draft leases and other related documents became public records.”documents became public records.”

Trial judge: “a scheme, plan and design Trial judge: “a scheme, plan and design not merely to avoid the Public Records Act not merely to avoid the Public Records Act of this state, but in fact to evade it.“of this state, but in fact to evade it.“

Appellate court: “the City improperly Appellate court: “the City improperly delegated its record keeping functions to delegated its record keeping functions to the White Sox.”the White Sox.”

Trial judge ruled handwritten notes were Trial judge ruled handwritten notes were not public records. Appellate court said not public records. Appellate court said since notes not made part of the record on since notes not made part of the record on appeal, under seal, they could not overrule appeal, under seal, they could not overrule this decision.this decision.

Costs of CopyingCosts of CopyingF.S. 119.07(4)(d)F.S. 119.07(4)(d)

If the nature or volume of public records requested to be If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such inspected or copied pursuant to this subsection is such as to require extensive use of information technology as to require extensive use of information technology resources or resources or extensive clerical or supervisory assistanceextensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive shall be based on the cost incurred for such extensive use of information technology resources or the use of information technology resources or the labor costlabor cost of the personnel providing the service that is actually of the personnel providing the service that is actually incurred by the agency or attributable to the agency for incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both. the clerical and supervisory assistance required, or both.

Florida Institutional Legal ServicesFlorida Institutional Legal Servicesv.v.

Florida Department of CorrectionsFlorida Department of Corrections,,579 So. 2d 267 (Fla. 1st DCA 1991)579 So. 2d 267 (Fla. 1st DCA 1991)

DOC Rule stated that extensive means that it DOC Rule stated that extensive means that it will take more than 15 minutes to locate, review will take more than 15 minutes to locate, review for confidential information, copy and refile the for confidential information, copy and refile the requested material. requested material.

The rule was challenged in an administrative The rule was challenged in an administrative hearing and upheld. Appellate court affirmed.hearing and upheld. Appellate court affirmed.

Can charge for the time it takes to review Can charge for the time it takes to review and redact confidential materials, if you and redact confidential materials, if you reasonable expect the documents may reasonable expect the documents may contain confidential materials. contain confidential materials.

Normally charge a portion of that person’s Normally charge a portion of that person’s hourly rate, but be reasonable.hourly rate, but be reasonable.

Recommend a rule that covers how you Recommend a rule that covers how you charge for “extensive clerical time.”charge for “extensive clerical time.”

Public Record SuitsPublic Record Suits

Primarily by “mandamus” (order to show Primarily by “mandamus” (order to show cause) or civil action (answer and cause) or civil action (answer and affirmative defenses)affirmative defenses)

Requesting party will get fees and costs if Requesting party will get fees and costs if documents improperly withheld.documents improperly withheld.

Hearings are on an expedited basis. Hearings are on an expedited basis.

Attorney Client Exemption?Attorney Client Exemption?

Courts have said by putting limited work Courts have said by putting limited work product exemption in Chapter 119, product exemption in Chapter 119, legislature meant to exclude other legal legislature meant to exclude other legal limitations (attorney client privilege and limitations (attorney client privilege and work product privilege in Rules of Civil work product privilege in Rules of Civil Procedure). Procedure). City of North Miami v. Miami City of North Miami v. Miami Herald Publishing CompanyHerald Publishing Company, 468 So. 2d , 468 So. 2d 218 (Fla. 1985) 218 (Fla. 1985)

F.S. 119.011(8)F.S. 119.011(8)

"Exemption" means a provision of general "Exemption" means a provision of general law which provides that a specified record law which provides that a specified record or meeting, or portion thereof, is not or meeting, or portion thereof, is not subject to the access requirements of subject to the access requirements of s. 119.07(1)s. 119.07(1), , s. 286.011s. 286.011, or , or s. 24, Art. I of the State Constitutions. 24, Art. I of the State Constitution..

Chapter 90, Laws of Florida (Florida Chapter 90, Laws of Florida (Florida Evidence Code)Evidence Code)

F.S. 90.502: Attorney-client privilege.F.S. 90.502: Attorney-client privilege.

Justice McDonald in his dissenting opinion in Justice McDonald in his dissenting opinion in City of North Miami v. Miami Herald City of North Miami v. Miami Herald Publishing CompanyPublishing Company, 468 So. 2d at 220, , 468 So. 2d at 220, argued:argued:

the the Florida Evidence Code, section 90.502Florida Evidence Code, section 90.502, Florida , Florida Statutes (1983), not only codifies the traditional Statutes (1983), not only codifies the traditional attorney/client privilege, but expressly designates attorney/client privilege, but expressly designates communications between an attorney and a client communications between an attorney and a client as “confidential.” as “confidential.”

Article 1, Section 24(d), Florida Article 1, Section 24(d), Florida Constitution Constitution

All laws that are in effect on July 1, 1993 that limit public All laws that are in effect on July 1, 1993 that limit public access to records or meetings shall remain in force…. access to records or meetings shall remain in force…. Rules of court that are in effect on the date of adoption of Rules of court that are in effect on the date of adoption of this section that limit access to records shall remain in this section that limit access to records shall remain in effect until they are repealed.effect until they are repealed.

F.S. 90.502 was in effect on July 1, 1993, limiting access F.S. 90.502 was in effect on July 1, 1993, limiting access to public records. to public records.

Florida Rule of Civil Procedure 1.280 (broader work Florida Rule of Civil Procedure 1.280 (broader work product privilege than in 119.071) is a rule of court in product privilege than in 119.071) is a rule of court in effect when Article 1, Section 24 was adopted. effect when Article 1, Section 24 was adopted.

The The City of MiamiCity of Miami case was decided in 1985. Article 1, case was decided in 1985. Article 1, Section 24 was adopted in 1992. Section 24 was adopted in 1992.