§1-E-1 | CREATION AND REVIEW OF EXEMPTIONS
The Legislature is authorized to provide by general law passed by two-thirds vote of each house for the exemption of meetings, provided such law states with specificity the public necessity justifying the exemption and is no broader than necessary to accomplish the stated purpose of the law. Article I, s. 24(c), Fla. Const. See s. 119.011(8), F.S., defining the term “exemption” to include a provision of general law which provides that a “specified... meeting, or portion thereof, is not subject to the access requirements” in s. 286.011, F.S., or Art. I, s. 24, Fla. Const. And see Halifax Hospital Medical Center v. News-Journal Corporation, 724 So. 2d 567 (Fla. 1999) (open meetings exemption for certain hospital board meetings unconstitutional because it did not meet the constitutional standard of specificity as to stated public necessity and limited breadth to accomplish that purpose). Compare Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189, 195 (Fla. 1st DCA 2004), upholding a more recent public meetings exemption because “the constitutional concerns expressed by the Florida Supreme Court in Halifax” were met due to a more specific legislative justification accompanied by adequate findings to support the breadth of the exemption.
Section 119.15, F.S., the Open Government Sunset Review Act, provides for legislative review of exemptions from the open government laws. Pursuant to the Act, in the fifth year after enactment of a new exemption or expansion of an existing exemption, the exemption shall be repealed on October 2 of the fifth year, unless the Legislature acts to reenact the exemption. Section 119.15(3), F.S. The two-thirds vote requirement for enactment of exemptions set forth in Art. I, s. 24(c), Fla. Const., applies to re-adoption of exemptions as well as initial creation of exemptions. AGO 03-18. (Florida Office of the Attorney General // © )
