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| Editorial cartoon
by Bruce Beattie |
How to exercise your right to know
1. If are being denied access to a government meeting:
You should say that Section 286.011, Florida Statutes,
Florida's Government-in-the-Sunshine Law, requires all meetings
of state or local government boards or commissions be open to the
public unless there is a specific statutory exemption. If you are
asked to leave a meeting, or are forbidden from entering, politely
but firmly request the statutory authority for such action. Otherwise,
you should insist on your right to attend the meeting.
2. If you are refused access to public records: You
should cite Chapter 119, Florida Statutes:
"It is the policy of this state that all state, county and
municipal records shall be open for a personal inspection by any
person." Public records are defined as "all documents,
papers, letters, maps, books, tapes, photographs, films, sound recordings,
data processing software, regardless of the physical form, characteristics
or means of transmission, made or received ... in connection with
the transaction of official business by any agency." Chapter
119 applies to "any state, county, district, authority, or
municipal officer, department, division, board, bureau, commission,
or other separate unit of government..."
3. If you want to make a written request for a public
record:
SAMPLE
Public Records Request
Please note that a public records request does not have to be made
in writing. However, should you want to make a written request,
the following letter can be used a model. Simply fill in the appropriate
date, address, and salutation, and describe the records you are
requesting.
Pursuant to Article
I, section 24, of the Florida Constitution, and select
the corresponding legal citation: state agency or local government
- chapter 119, F.S.; legislative records - s. 11.0431,
F.S.; or judicial records - Rule 2.051, Fla. Rules of Judicial
Administration, I am requesting select: INSPECTION
and/or COPIES of the following public records:
describe the records you are requesting. Should you deny
my request, or any part of the request, please state in writing
the basis for the denial, including the exact statutory citation
authorizing the denial, as required by s. 119.07(1)(d), F.S.
[The phrase, "as required by s. 119.07(1)(d), F.S." should be deleted
from requests for legislative or judicial records.]
I will contact
your office within select a specific period of time: 24
hours; 48 hours; one week; etc. to discuss when I may expect
fulfillment of my request, and payment of any statutorily prescribed
fees. If you have any questions in the interim, you may contact
me at fill in a telephone number where you can be reached.
Thank you.
Sincerely,
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