Citrus County Chronicle

Despite all its limitations, drawbacks and barriers, this much is true:

For those interested in public records, Florida's law is not that bad. Many people consider it one of the best in the country.

I'm a public records junkie. My motto is: Don't ask questions first. Look at the file, then ask questions.

It works like this: In Florida, bureaucrats write stuff down and stick it in a folder. Public records don't lie, they don't spin and they have excellent memory.

More government records are public than not public. Really, just about anything the government has is ours. That said, the state Legislature each year always looks for ways to plug our view.

Some officials have no clue what the law says or means.

Many records fall into a gray area and, unfortunately, many government people tend to think they can withhold the information.

Here's an example: Private companies doing public business. This is all the rage these days. Private companies operate Citrus County's jail and ambulance service. A private company operates the state juvenile prison in Lecanto.

The law says anything the private company does that the government would have done anyway is covered by the state's Sunshine Law. Try telling that to anyone demanding a report from any of the above private companies.

Do not despair, though. Rather than get all upset about it, there is a way. This is how: Somewhere, a government official oversees that private company. Demand the record from that public official. In Citrus County, Public Safety Director Charles Poliseno oversees the county jail and ambulance service. Ask him for the record. He has to either deliver or cite a statutory reason why he can't give it out.

This is the most important aspect of the law: It's up to the government to tell you why you can't have it. Read that last sentence again. It's their burden to show why it isn't something you can see.

And, by golly, make them work for it. They must cite a specific statute that backs their claim. It can't be: "Uh, it's not a public record." Sorry bub. Give me the detail.

Many government people incorrectly assume that the records are theirs. It's as if the government keeps the information, much like a business, and the customer can't see it. The difference is, we are the government. Think of the public as stockholders in a corporation. We all get to see the books, not just the executives.

Yet, you'd be surprised - or, perhaps, not - at the arrogance some government people show toward regular folk who simply want to view a file about a new project or someone's personnel file. Stand tall. Do not give in. Be polite, yet firm. Make them show, by citing the specific exemption, why you can't see it.

It's not all gloomy. Many departments in Citrus County government, for example, are happy to help. All I need to do is ask and it's there. A few tips: Call ahead, make an appointment, be specific with the request and be polite.

Always be polite. Not because it's the law. That's how your mama told you to behave.

As wonderful as it is for local government officials to happily open their records, it's equally frustrating to get shut out.

A few months ago I wanted a letter sent by the former director of the Mosquito Control District to the district board's attorney. The attorney had made copies to the board members. Once they get it, it's a public record. Simple as that.

But I became a raving lunatic when neither the acting director nor the board attorney knew the first thing about public records when I wanted to get the letter in the late afternoon. Each insisted that the letter's author must give his permission. I was going nuts. I left with the letter but was more incensed that these government people didn't know the basic law.

That's something to watch for. Small governments, especially those that serve more of a public works purpose like killing skeeters or providing utilities, may not be up to speed as much as the larger governments.

It still is no excuse for refusing a public record. If you find yourself in that situation, be firm but try to keep the lunacy in the parking lot.

And that brings up something else. Many people think the public records law applies only to the media. Horse hockey. It's the public record. You get the same right to view it as I do, and heaven help the government person who asks who you are and why you want it. Be polite (remember Mama) but tell that person firmly: I don't want to give my name. I just want to view the record because it's my right.

With all that said, here are some other basic public record ideas:

• One of the biggest myths of the public records law is that people have to put the request in writing. Not so. We in the media have all sort of done this over the years as a courtesy to agencies, or to make it "official," but nothing in the law says it's necessary. So when you're on the phone trying to set up an appointment to see a file and the government person says, "I'd rather you make a formal public records request," reply: "Isn't that what I just did?"

• That said, specificity is the key. You can't walk into the county administrator's office and demand to open his file cabinet. By putting the request in writing, both you and the government person know exactly what is expected.

• E-mails are great stuff, but they're not all public. The courts say private e-mails, even those sent from a public computer, are not public record. Public e-mails, as I have learned, are like listening to a phone conversation. One official sends an e-mail to his supervisor. She replies. He replies back. And so it goes. It's dynamite stuff.

• Most court records are public, but it's a little intimidating at the Citrus County Clerk of Courts' Office in Inverness. For some reason they make you stand at the counter to view a file while others are filing for injunctions, paying traffic fines or doing any of the myriad other things that happen in the clerk's office. (Once, though, that came in handy when Tampa Bay Bucs kicker Martin Gramatica came in to pay a speeding ticket.)

• Some local governments won't let you see a file unless someone's there to watch over you. I'm not sure why that is, but nothing in the law prohibits it. Again, a little intimidating so be ready for it.

n Plan to pay for photocopies. Most places charge a dime or 15 cents a page. The clerk's office charges a buck a page. Yeah, I know, it's a sin, but it's legal. Anything in bulk will require more fees to cover the workers' time. Get the cost before you order the document.

• Remember, always: It's your record. Do not let these government people bully you. Stand firm. Make them prove it's not a public record.

Remember the adage: Government of the people, by the people and for the people. This stuff belongs to us. Don't let anyone say otherwise.

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