Daytona Beach News-Journal

Florida laws break down barriers

The open-government forecast in Volusia and Flagler counties: Partly cloudy, with sunlight breaking through in some areas and storms rolling into areas where they hadn't been before.

The results of The News-Journal's 2006 survey of access to public records hold troubling implications for residents worried about keeping tabs on elected officials. In Florida, the law requires that records be open for public inspection and copying unless a specific exemption is written into statute. That applies to nearly any entity that levies or spends public tax dollars - including cities, counties, school boards, law-enforcement agencies and hospital districts.

When reporters show up asking for these records, government officials generally understand that the reporters know the law. Usually, the records are provided with a minimum of grumbling - if not, newspapers and television stations have attorneys on hand ready to take the issue to court.

That's not the case for Joe and Jane Citizen. For them, the public records law has to work - or they don't get the information to which they are entitled. That's why the News-Journal sent people to public agencies, asking for records, but not identifying themselves as employees of the paper.

The results were mixed. Some jurisdictions - such as the Volusia County School Board, Flagler County administration and Sheriff's Office and the DeLand Police Department, passed with flying colors and a friendly "here you go." Others threw up unnecessary (and illegal) roadblocks (See story on 1A).

The law is carefully worded to remove most barriers to access. People requesting public records aren't required to give their name or answer questions about their reasons. Some officials rationalized that such requests help them narrow down the records they provide, to give the person the information they need.

Fine. They can ask. But public officials should remember that records requesters don't have to answer. New Smyrna Beach officials demanded the requester fill out a form with name, address, phone number and other personal information. Bunnell police officials told a requester that he had to go to City Hall and obtain written permission. Both of these run contrary to the dictates of the law.

Another problem: The people dealing with the public often aren't versed in open-records laws. Reporters know to go to a city manager or public-information officer, but for non-journalists, it's important that the first person they contact at a government agency - be it a receptionist, planning-department worker or public-works employee - understand the basics of public-records law.

Finally, there's the cost. Agencies are allowed to charge a small per-page fee - generally, up to 15 cents a page for non-certified records. For a particularly massive request, the agency can charge a per-hour fee for "extensive" information-technology or clerical work.

Many of the agencies contacted cited hefty charges, right away. DeLand city officials wanted more than $20 per hour for a few hours' worth of work compiling e-mails. Deltona officials charged $19.31 for three pages' worth of copied documents. Palm Coast took the cake, with a demand for a $100 per-hour fee for retrieving records plus a per-copy charge. That's a significant barrier to access.

Florida's laws are strong for a reason. Sunshine is an important safeguard against corruption and waste. Too many agencies seem to forget public records belong to the public. In the coming months, they should make an effort to show things have changed.∆

Reproduced courtesy of the Daytona Beach News-Journal.
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