Florida Public Records, Sunshine Law, and Ethics for Schools and Colleges

Every public educational institution in Florida, whether a university, a college, a school district, or a public charter school, and everyone who works for one, operates under the public records law, the Government in the Sunshine Law, and the state’s ethics requirements. Vendors that do business with public educational entities can be covered too. We have significant experience with all three bodies of law. Mr. Woodring advised on them at the top of state government and has litigated significant cases under them.

To discuss a public records, Sunshine Law, or ethics question anywhere in Florida, call us at 850-567-8445 or fill in the message form on this page.

Public Records

Chapter 119, Florida Statutes, the public records law, and section 286.011, the open meetings law known as the Government in the Sunshine Law, are as broad as any in the country. Even so, the Legislature has written more than 1,000 exemptions into the public records laws, and federal law sometimes overrides state law altogether. These laws cover all state educational institutions and public charter schools as well: a charter school is exempt from most of the education code, but the charter statute expressly requires it to comply with chapter 119 and section 286.011 (section 1002.33(16)(b)). In some circumstances they reach educational vendors too. Depending on the merits, our client may be the person or business seeking records or the governmental body answering the request.

Education adds a layer of its own. Student education records are protected by the federal Family Educational Rights and Privacy Act (FERPA) and by section 1002.22, Florida Statutes, so a school answering a public records request has to produce what is public while protecting what is not. We advise schools and colleges on answering requests, applying exemptions, and redacting records.

Government in the Sunshine

The Sunshine Law decides which meetings must be noticed and open, and when members of the same board may talk about board business away from a noticed meeting. Depending on the merits, we bring or defend challenges under it. The stakes can be high: action taken in violation of the Sunshine Law may be void.

Charter school governing boards meet under these rules too, and the charter statute adds some of its own. Each governing board must hold at least two public meetings a school year in the district where the school is located, and must appoint a representative who lives in that district to help parents and resolve disputes (section 1002.33(9)(p)).

Ethics

School board members, college and university trustees, and public employees are subject to the Code of Ethics for Public Officers and Employees (Part III, chapter 112, Florida Statutes), and Florida law applies standards of conduct and conflict-of-interest rules to charter school governing boards as well. We advise boards and individuals on conflicts of interest and voting conflicts, gifts, and financial disclosure, and we defend complaints before the Florida Commission on Ethics.

If you need advice on an ethics question, or need to bring or defend a public records or Sunshine Law case, talk to us. In some of these cases the side that prevails may be able to recover reasonable attorney fees. You can call us at 850-567-8445, email us at Info@woodringlawfirm.com, or fill in the message form on this page.