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Scripps Treasure Coast Newspapers Sunshine law is there for all Public benefits from open records, meetings - and it's an endless fight to keep them that way When it comes to open meetings and access to public records, Florida lives up to its Sunshine State name. On paper anyway. Having one of the nation's most comprehensive Government-in-the-Sunshine laws doesn't just help Florida journalists fulfill their watchdog role, it gives every citizen the same rights and tools to shine a light in public places. But - and there's always a "but" - government's enduring penchant for secrecy remains firm. An annual audit by the Florida newspapers found that compliance by local and state agencies hasn't changed much. Last year, 43 percent of agencies responded to requests for information with unlawful demands, or simply refused to turn over public records. This year, it was 42 percent. The audits are designed to resemble real-life situations, with citizens, not journalists, making the requests. Some 220 state and local government offices were asked for such things as 911 call logs, employee performance reviews and cell phone bills - all items that should be easily attainable and are clearly in the public domain. Responses ranged from full disclosure to exorbitant photocopying charges and outright refusals. Auditors bent over backward to give lenient grades, counting an agency in compliance even if it took several days to fulfill the request, or if a written request was required (it is not by law). "The law is violated every day," says Barbara Petersen, president of the First Amendment Foundation, a Tallahassee organization that informs the public about open government. Bureaucratic delays and outright stonewalling can be effective. News organizations may lose interest under the crucible of deadline. Private citizens may feel they have neither the time nor resources to contest. The law does provide tools to those who are patient and persistent. A state mediation program is available, and citizens also can file lawsuits. Still, prosecution is rare, and is almost exclusively related to the most egregious open-meeting violations. On the Treasure Coast, some closed-door activity has been punished. In 2000, two former Indian River County Hospital District trustees paid $500 to settle civil charges of discussing public business privately. That same year, Martin County commissioners were ordered to release written transcripts of closed-door meetings and pay legal fees in a civil dispute. The city of Vero Beach spent about $1 million in legal fees in the late 1990s unsuccessfully defending a Sunshine Law case in civil court. But even with the strongest open-records law, the press and the public face an uphill fight. Byzantine election rules allow shady campaign operatives to mask their identities. Ill-informed officials continue to make outlandish claims of confidentiality in an effort to block disclosure of public documents, including e-mails written and received on publicly owned computers. Not-so-subtle forms of intimidation persist as civil servants in 16 percent of this year's audit demanded to know the auditors' names, why they wanted the records or where they worked. In such cases, the best defense is a good offensive. To help Floridians navigate the paper jungle and exercise their rights, the Florida Society of Newspaper Editors maintains a Web site dedicated to Government-in-the-Sunshine issues. On Monday, the site - fsne.org - will be updated with the latest information on the 2006 audit. Know the law. Use it. Honor it. Sunshine law is there for all Public benefits from open records, meetings - and it's an endless fight to keep them that way When it comes to open meetings and access to public records, Florida lives up to its Sunshine State name. On paper anyway. Having one of the nation's most comprehensive Government-in-the-Sunshine laws doesn't just help Florida journalists fulfill their watchdog role, it gives every citizen the same rights and tools to shine a light in public places. But - and there's always a "but" - government's enduring penchant for secrecy remains firm. An annual audit by the Florida newspapers found that compliance by local and state agencies hasn't changed much. Last year, 43 percent of agencies responded to requests for information with unlawful demands, or simply refused to turn over public records. This year, it was 42 percent. The audits are designed to resemble real-life situations, with citizens, not journalists, making the requests. Some 220 state and local government offices were asked for such things as 911 call logs, employee performance reviews and cell phone bills - all items that should be easily attainable and are clearly in the public domain. Responses ranged from full disclosure to exorbitant photocopying charges and outright refusals. Auditors bent over backward to give lenient grades, counting an agency in compliance even if it took several days to fulfill the request, or if a written request was required (it is not by law). "The law is violated every day," says Barbara Petersen, president of the First Amendment Foundation, a Tallahassee organization that informs the public about open government. Bureaucratic delays and outright stonewalling can be effective. News organizations may lose interest under the crucible of deadline. Private citizens may feel they have neither the time nor resources to contest. The law does provide tools to those who are patient and persistent. A state mediation program is available, and citizens also can file lawsuits. Still, prosecution is rare, and is almost exclusively related to the most egregious open-meeting violations. On the Treasure Coast, some closed-door activity has been punished. In 2000, two former Indian River County Hospital District trustees paid $500 to settle civil charges of discussing public business privately. That same year, Martin County commissioners were ordered to release written transcripts of closed-door meetings and pay legal fees in a civil dispute. The city of Vero Beach spent about $1 million in legal fees in the late 1990s unsuccessfully defending a Sunshine Law case in civil court. But even with the strongest open-records law, the press and the public face an uphill fight. Byzantine election rules allow shady campaign operatives to mask their identities. Ill-informed officials continue to make outlandish claims of confidentiality in an effort to block disclosure of public documents, including e-mails written and received on publicly owned computers. Not-so-subtle forms of intimidation persist as civil servants in 16 percent of this year's audit demanded to know the auditors' names, why they wanted the records or where they worked. In such cases, the best defense is a good offensive. To help Floridians navigate the paper jungle and exercise their rights, the Florida Society of Newspaper Editors maintains a Web site dedicated to Government-in-the-Sunshine issues. On Monday, the site - fsne.org - will be updated with the latest information on the 2006 audit. Know the law. Use it. Honor it. Reproduced courtesy of the Scripps Treasure Coast
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