|
Sarasota Herald-Tribune Sunshine or shade Keep government open with eternal vigilance Florida's first open-records and open-meetings laws date back to 1909, so you'd think politicians would have made their peace with the concept by now -- or at least learned to choose their battles wisely. But, year after year, the Legislature manages to find the time and energy to wage a broad assault on the public's access to government documents and proceedings. Last year's session brought almost 20 new exemptions to Florida's open government laws, on top of more than 850 approved through the years. Dozens more have been proposed this year, including several "shell bills," so named because they contain no specific language. Shell bills are typically used by lawmakers to try to sneak unpopular ideas past opponents. It takes an insidious sort of gall to use the method in an attack on openness. The steady erosion of the public's right to know comes in direct defiance of the public's will. Floridians have repeatedly shown their support for unfettered access to the documents and meetings. The most recent endorsement came in 2002, when 77 percent of voters approved a constitutional amendment requiring a two-thirds vote by the Legislature before any new exemptions can be made. The change seems to have slowed efforts to drag the Sunshine Laws into the shade. But the tugging continues. Local and state obstacles Not all of the tugging occurs in Legislature. It also takes place in local and state government offices. In January, the Herald-Tribune and 29 other Florida papers examined compliance with open-records laws. The audit covered 234 agencies in 62 counties. The results, as we noted at the time, were discouraging. Only 57 percent of the agencies surveyed fully complied with the law. The rest refused to provide records or made unlawful demands. Some employees were poorly trained, and others were openly disdainful of the law. In Broward County, an official told an auditor seeking records in connection with the newspaper project, "I can make your life miserable." Other obstacles to public access have arisen in the past year. Last fall, the Florida Supreme Court ordered broad new restrictions on Internet access to civil and criminal documents, in response to fears that sensitive confidential information could fall into the hands of criminals. Court clerks around the state say sufficient safeguards were in place, but since the ruling, they've pulled almost all civil and criminal court records from the Internet. The clerks say they don't have the resources to sift through the material to meet the court's requirements. Legislature should step in A legislative remedy is needed. Online documents have simplified research for journalists, lawyers, title-search companies, probation officers and others who routinely use court records. The easy access benefited an even broader spectrum of the public, including, for example, individuals interested in checking the backgrounds of remodeling contractors or day-care providers. Today, the Herald-Tribune joins other Florida papers to participate in "Sunshine Sunday," an editorial campaign focusing attention on the value of open government. Almost a century ago, Floridians recognized the importance of sunshine as a safeguard against government corruption and waste. Vigilance is no less essential today. |
