Are Private Corporations Subject to Florida’s Sunshine Laws and Public Record Laws?

It depends. In many instances, private corporations may be subject to both Florida’s Sunshine Laws and Public Record Laws.

It is well-established law that governmental entities cannot “delegate” compliance with Florida’s Sunshine and Public Record Laws to avoid compliance.

Therefore, with the push to “outsource” many key governmental functions over the past decade, private corporate entities that obtain these contracts may become required to maintain compliance with Florida’s Sunshine Laws, as though they were the governmental entity.

Typically, in the private sector businesses wants to keep most of their information private and confidential to avoid being uncovered and exploited by their competitors.

In the private sector, there are direct and tangible monetary benefits for companies to maintain their secrets, as can be identified by concepts such as trade secrets, proprietary information, etc. Federal and State laws even provide companies with criminal protection of their trade secrets, patents, trademarks, and copyright materials.

Contrast these core business principles with working in the public realm where laws require that our government officials, their employees, and even some of their contractors be transparent and shed this secrecy.

Despite the fact that these laws have been in effect for years, they are routinely violated by governmental entities.

State and local governments experience high levels of turnover and elected officials often come from private organizational backgrounds. The constant influx of private sector employees and officials into decision-making roles in State and local governments puts them at risk for intentional and inadvertent Sunshine Law violations.

A qualified Sunshine Law Florida Attorney will help you go through the analysis to determine if a private corporation is subject to Florida’s Sunshine Laws and Public Records Laws.