Open Records

   II. EXEMPTIONS AND OTHER LEGAL LIMITATIONS

      A. Exemptions in the open records statute.

         2. Discussion of each exemption.


Between 200 to 600 statutory exceptions exist to the public records law, making discussion of each one impractical. The difficulty in identifying exemptions is partially because the enactment of exemptions has occurred over many years, often as part of larger bills. Also, because the term "exemption" had no statutory definition, no uniform language was used when exemptions were created.

Exemptions concerning categories of records of particular interest to reporters are discussed at III below. Additionally, a code section regulating a particular activity is likely to contain the provision, if any, concerning disclosure requirements relating to such activity.

With the passage of the Open Government in the Sunshine Review Act in 1984, exemptions created in the future will be easier to identify. The exemption must specifically state the section from which it is exempt (i.e., § 119.07(1) or § 286.011), Fla. Stat. sec. 119.15(4)(d) (1995).

The Open Government Review Act serves as a statutory review mechanism whereby the legislature periodically determines, pursuant to specified criteria, whether the public policy underlying a particular exemption continues to exist. Exemptions which are not renewed in the year scheduled for review are automatically repealed. Fla. Stat. sec. 119.15 (1995).



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