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Boca Raton News
Florida's Sunshine Laws must remain exemption-free
It took a long time, but Florida has just about done away with its good-old-boy network of backroom politics.
It was a tough fight to adopt the "Sunshine Laws" that require government to be conducted in the open, in front of the public. And it‚s an even tougher fight to enforce them and keep them whole.
A recent statewide survey by a group of Florida newspapers shows local agencies are complying with public records requests only about half the time.
More dangerous than that, 50 exemptions to the state‚s open government law have been proposed in the 2004 State Legislature. To point up the importance of openness - both in government activities and access to records - the Florida Society of Newspaper Editors is sponsoring "Sunshine Sunday" today - as it has for the past two years.
Newspapers across the state are using the occasion to point up the importance of open government in a Democratic society.
This is not a new lesson. Our founding fathers wrote the First Amendment to protect a variety of freedoms, not the least of which was "free press."
Being able to read an uncensored newspaper is a luxury in this world. In many nations, news filters through the government - and certainly liberties are taken in what is written.
Attorney General Charlie Crist has said that Florida is renowned for putting a high priority on the public's right of access to governmental meetings and records. Principles of open government are embodied not only in Florida statutes, but are also guaranteed in the state constitution.
Florida's tradition of openness goes back in 1909 with the passage of what has come to be known as the "Public Records Law." It states that any records made or received by any public agency in the course of its official business are available for inspection, unless specifically exempted by the legislature.
Over the years, the definition of what constitutes a "public record" has come to include not just traditional written documents such as papers, maps and books, but also tapes, photographs, film, sound recordings and records stored in computers.
In 1967, Florida's Government-in-the-Sunshine Law was enacted. That law establishes a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities.
A constitutional amendment adopted in 1992 not only guaranteed continued openness in the state's government, but also, in effect, reaffirmed the application of open government to the legislative branch and expanded it to the judiciary.
Florida voters have overwhelmingly showed their support for government in the sunshine at all levels of government. They have made it clear they believe that open government provides the best assurance of government that is responsive and responsible to the needs of the people.