Associated Press

Newspapers’ effort makes public aware of open records laws

By BRENDAN FARRINGTON

Associated Press Writer

TALLAHASSEE, Fla. (AP) — Every year dozens of bills are filed that somehow try to restrict access to government or public records.

But the last two years open government watchdogs have been more successful at fighting those they feel go too far in taking away government access as provided in Florida's constitution.

Some of the credit could go to "Sunshine Sunday," an effort by Florida newspapers to make the public aware of open government laws and the attempts to narrow them.

"Sunshine Sunday helps," said Barbara Petersen, president of the First Amendment Foundation. "It brings the public awareness, which is what it was designed to do. But it also focuses the legislative attention and impresses upon them the importance of this issue."

Last year the First Amendment Foundation followed 150 bills related to open government and records, many of which the group opposed. Yet Petersen said none of the "bad" ones passed.

"In the last two years we've been more successful than we have been in the previous four or five years," she said, noting that the success coincides with the beginning of Sunshine Sunday.

The idea sprung two years ago, when a flood of bills were filed to close records in the aftermath of the Sept. 11 attacks, many of which went beyond the need to simply make the state more secure.

The Florida Society of Newspaper Editors organizes the effort, which has grown from just more than half the state's daily newspapers participating two years ago to almost all this year.

"If you look at a typical issue of any good daily newspaper, many, if not most of the stories are going to have information that is based on access to public records or access to government meetings," said Don Lindley, executive editor of The Daytona Beach News-Journal.

Yet he pointed out that a number of newspapers worked with the First Amendment Foundation to test access to records. They found that 43 percent of county and state agencies around Florida didn't provide records that should have been accessible.

"That's not really a strong result in a state that prides itself on the guarantee of open government," Lindley said.

The so-called Sunshine Laws help the media and public make sure that government is doing what it's supposed to do.

As The Miami Herald wrote in an editorial it planned to print Sunday, the laws were created "to guard against incompetence, cronyism and corruption — in short, the abuse of power in government. Fortunately, our state has one of the nation's best laws promoting transparency and accountability in government. These protect public access to official records and gatherings, which are critical to exposing abuse and protecting the public interest."

And Attorney General Charlie Crist is also contributing to Sunshine Sunday with a column recognizing the importance of the laws.

"Every day, Floridians use these laws to make their communities a better place to live and work. They attend city council meetings, participate in school advisory councils, research and report on government programs. In these and countless other ways, President Lincoln's vision of a government of the people, by the people, and for the people, stands the test of time," Crist wrote.

The newspaper group and the First Amendment Foundation don't oppose every attempt to close access to records, recognizing there is a legitimate need to keep some records from the public. That might include details of ongoing criminal investigations, individuals' medical records, trade secrets and information that could affect security.

Petersen often works with lawmakers to fine-tune bills to balance the need to protect certain information without impeding the public's right to access.

"Sometimes we can work out our differences," she said. "We look to see if the exemption is justified and then we look at the language to make sure that it's not overly broad, which would violate our constitutional standards.

On the Net:

Florida Society of Newspaper Editors: www.fsne.org

First Amendment Foundation: www.floridafaf.org

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