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ARTICLE · 16 NOVEMBER 2012

Florida Sunshine Litigation Act Public Hazard Definition Could Be Hazard For Defense

The Florida Sunshine Litigation Act makes judicial records open to the public, and is the first of its kind among the fifty states.

United StatesLitigation, Mediation & Arbitration

The Florida Sunshine Litigation Act makes judicial records open to the public, and is the first of its kind among the fifty states.   The Act states that any document containing information relating to a "public hazard" is open to the public. While the statute was written to protect the public, it is very broad in scope and can be considered to be too vague.

Rumberger, Kirk & Caldwell attorney Michael Begey discusses how the "public hazard" clause forces the courts to review large numbers of documents which can then put a burden on the defense.

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Florida's Sunshine in Litigation Act is designed to ensure that judicial records are open to the public, with limited exceptions. In particular, the Act mandates that any document which relates to a "public hazard" must be openly available, and that the Courts must not enter orders which conceal such

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