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13 Fla. St. U. L. Rev. 705 (1985-1986)
A Return to Sunshine: Florida Sunsets Open Government Exemptions

handle is hein.journals/flsulr13 and id is 715 raw text is: A RETURN TO SUNSHINE: FLORIDA SUNSETS OPEN GOVERNMENT EXEMPTIONS BARRY RICHARD* AND RICHARD GROSSO** I. INTRODUCTION The Sunshine State has consistently been a national leader in the area of open government. Throughout this century, Florida has set the pace for other states by enacting and refining its open records1 and open meetings2 laws, which are designed to enhance public faith in government. This pioneer image, however, has be- come tainted over the years by a preoccupation with finding excep- tions to the rule. During the 1985 Regular Session, the Florida Legislature put the finishing touches on an open government renaissance. In 1984, the decision had been made to review periodically and subsequently repeal all exceptions to the open government laws. The legislature refined this process with the passage of the Open Government Sunset Review Act of 1985.1 This Article summarizes the history of open government in Flor- ida as well as the events which led to the decision to apply the sunset concept to open government exemptions. A detailed analy- sis of the 1984 and 1985 legislative enactments is provided. Finally, the authors offer some conclusions regarding the perceived effect of this legislation on the future of open government in Florida. II. HISTORY OF OPEN GOVERNMENT Florida's Government in the Sunshine law was enacted by the 1967 legislature, the first to meet since porkchop politics went into decline as a result of reapportionment. The statute mandated that all meetings of any state, county, or municipal board or com- *Senior partner, Roberts, Baggett, LaFace & Richard, Tallahassee, Florida. University of Miami, A.B., 1964; J.D., 1967. Member, Florida House of Representatives, 1974-78. Cur- rently, representative for the Florida Press Association and the Florida Society of Newspa- per Editors. **Candidate for the degree Juris Doctor, Florida State University College of Law. 1. FLA. STAT. §§ 119.01-.12 (1983). 2. FLA. STAT. § 286.011 (1983). 3. Ch. 85-301, § 1, 1985 Fla. Laws 1879, 1880 (to be codified at FLA. STAT. § 119.14). 4. Comment, Exemptions To The Sunshine Law And The Public Records Law: Have They Impaired Open Government In Florida?, 8 FLA. ST. U.L. REv. 265, 267 (1980). The term porkchop politics refers to the control of the Florida Legislature by legislators from the rural, conservative sections of Florida. A. MoRRIs, THE FLORIDA HANDBOOK 133 (20th biennial ed. 1985-86).

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