TBD | Section 2-E-4 | Sunshine Manual (FL)

§2-E-4 | RETROACTIVE APPLICATION OF STATUTES ELIMINATING CONFIDENTIALITY

In Baker v. Eckerd Corporation, 697 So. 2d 970 (Fla. 2d DCA 1997), the court held that an amendment eliminating protection against disclosure of certain records applies prospectively from the effective date of the amendment. See also AGO 95-19 (expanded disclosure provisions for juvenile records apply only to records created after the effective date of the amendment); and Coventry First, LLC v. Office of Insurance Regulation, 30 So. 3d 552 (Fla. 1st DCA 2010) (although intended to apply retroactively, statutory amendment imposing a time limitation on the exempt status of certain records submitted to an agency applied prospectively since retroactive application improperly deprived company of its vested property rights in records already submitted to the agency).

Records made before the date of a repeal of an exemption under s. 119.15, F.S., the Open Government Sunset Review Act, “may not be made public unless otherwise provided by law.” Section 119.15(7), F.S.

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Use these in conjunction with the Guide for Filing Criminal Charges against an Agency/Officer that Violates Public Records Law.

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§2-E-4 | RETROACTIVE APPLICATION OF STATUTES ELIMINATING CONFIDENTIALITY