State and local governments in Florida are trying to decide if they should use social media like Facebook and Twitter to reach people. Some think it’s a good way to connect with people who use these sites, but others are worried about breaking the law by sharing public records on social media. Those who decide to use social media are being careful to follow the rules, but it’s still uncertain if that will be enough to avoid legal problems. Florida’s Public Records Law guarantees access to public records made or received in connection with official business of any public body, officer, or employee of the state. This includes documents, photos, emails, and other materials. Failure to produce these records in response to a public records request can result in lawsuits and penalties, including costly attorneys’ fees. Agencies and their employees have a duty to retain and produce public records, and failure to do so can result in personal and criminal liability. For example, in a case against the city of Venice, the city was ordered to pay over $777,000 in attorneys’ fees and costs for failing to produce email communications between city council members. This highlights the importance of complying with the Public Records Law to avoid costly legal consequences. Florida’s Public Records Law applies to information stored on an agency’s computer, including emails and website blogs. This means that public officials’ emails and social media posts related to official business are considered public records and must be retained according to the law. This also applies to social networking sites like Facebook and Twitter, where information shared by public officials in connection with official business is subject to the Public Records Law. Anyone who violates this law may face fines, suspension, or even criminal charges. Facebook and Twitter are great for staying updated on news and events. Government agencies are also using these sites to share important info with the public, like meeting agendas and emergency updates. During natural disasters, these sites are helpful for getting out crucial info quickly. This can be really important for keeping people safe. So, using Facebook and Twitter for spreading news and important info is a good idea for government agencies. Many Florida government agencies now have Twitter and Facebook accounts, but they have to be careful because all the posts and messages they receive are considered public records and have to be saved. This can be hard to do because there’s so much information. Florida agencies can control the content they post on Facebook and Twitter, but they can’t control what other people post on their pages. They also can’t control if those posts get deleted by the social media sites or the people who made the posts. This could cause them to lose important public records. To avoid this, agencies are finding ways to save their posts, like using special software or making hard copies. Government agencies are taking steps to make sure they follow the law when it comes to social media. They have rules for who can post on their official accounts, and they are figuring out how to save and store all the comments and messages they receive. They are also trying to make sure that their employees are following the rules when they use social media for work. One company offers a service to help agencies save all their social media information in case they need it for legal reasons. Agencies that use social media need to train their staff on laws about public records and transparency. They also need to have policies for saving and sharing social media posts as public records. If agency employees use personal social media for work, the agency could get in trouble for not saving those posts. So, the agency should let employees know about the rules and risks of using personal social media for work. The Public Records Law in Florida requires that anyone who has public records must make them available to the public, even if they work for a private company. This applies to all kinds of documents, including digital ones. If a city council member posts about official business on a private website, those posts are also subject to the Public Records Law. Each council member is responsible for making sure that their comments are kept according to the city’s rules for preserving records. Two lawyers wrote an article about social media and government. They work for a law firm in Florida and have experience in representing public and private clients. The article discusses the impact of social media on government and provides links to more information. It was submitted by a section of The Florida Bar that focuses on city, county, and local government law.
Source: https://www.floridabar.org/the-florida-bar-journal/the-government-in-your-facebook-an-examination-of-social-networking-sites-and-floridas-public-records-law/
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