Government Accountability at Risk: Defending Florida's Sunshine Law

TALLAHASSEE, FL. In recent years, Florida lawmakers have made it more difficult to enforce the Sunshine Law, which guarantees the public's right to access government meetings and records. There have been several bills passed that have limited the reach of the Sunshine Law or made it harder for the public to make sure the law is followed. For example, representatives have passed laws that make it easier for public bodies to close meetings to the public and that exempt more types of public records from disclosure.

In 2016, a bill was passed that excluded certain types of meetings from the Sunshine Law, such as meetings of the governor's cabinet and meetings of state agencies to talk about lawsuits. Then, in 2021, another bill was passed that made it tougher for the public to take legal action to enforce the Sunshine Law by making the burden of proof higher and requiring plaintiffs to pay a bond.

Another way that Florida is going after the Sunshine Law is through litigation. The state has been sued by open government advocates a number of times in recent years for violating the Sunshine Law. In 2019, the Florida Supreme Court ruled in favor of open government advocates in a case involving the governor's cabinet, finding that the cabinet had violated the Sunshine Law by holding secret meetings. However, the Legislature has also filed a number of lawsuits challenging the Sunshine Law, arguing that the law is too broad and violates the First Amendment rights of public officials.

Furthermore, the Florida Attorney General's Office has also been less aggressive in enforcing the Sunshine Law. In 2022, the Attorney General's Office filed only six Sunshine Law lawsuits, compared to 20 lawsuits in 2018.

These developments are concerning for those who believe in open government. The Sunshine Law is essential for ensuring that the public has access to information about how their government is operating. When public bodies can close meetings and withhold records, it makes it more difficult for the public to hold their government accountable.

Overall, Florida is going after the Sunshine Law in a number of ways. The state is narrowing the scope of the law through legislation and challenging the law in court in order to make it more difficult to enforce.

Here are some specific examples of how the Florida government has gone after the Sunshine Law in recent years:

• In 2019, the governor's office tried to prevent the public from attending a meeting of the governor's cabinet by closing the doors to the meeting room and refusing to allow members of the press to enter.
• In 2020, the state legislature passed a bill that made it more difficult for the public to sue to enforce the Sunshine Law.
• In 2021, the state legislature passed a bill that exempted certain types of meetings from the Sunshine Law, including meetings of the governor's cabinet and meetings of state agencies to discuss litigation.
• In 2022, the state legislature passed a bill that made it more difficult for the public to access public records by requiring public agencies to charge higher fees for copying records.

There are a number of things that can be done to protect open government in Florida. First, the Legislature should repeal the laws that have made it more difficult to enforce the Sunshine Law. Second, the Florida Supreme Court should overturn its ruling that allows public bodies to close meetings to discuss matters that are already publicly known. Third, the Florida Attorney General's Office should be more aggressive in enforcing the Sunshine Law.

Finally, the public needs to be aware of the threats to open government and be prepared to speak out against them. The public can also play a role in enforcing the Sunshine Law by filing complaints with the Florida Attorney General's Office and filing lawsuits when they believe that public bodies are violating the law.