The Tampa Tribune

Celebrating Government In The Sunshine

Florida’s commitment to open government is one of the state’s greatest strengths, but every year the Legislature tries to weaken public access by passing exemptions to Florida’s Sunshine Laws.

This year is no different, which is why the Tribune and other newspapers throughout the state today are writing to stress the importance of governing in the sunshine.

Lawmakers aren’t the only ones who often try to keep the workings of government secret. The latest annual audit by Florida news organizations shows that once again, too many government employees failed to turn over public records when asked. More often than not, these employees simply don’t know the law, but every state worker who handles records should understand that unless they can cite a legal exemption, they must comply with citizens’ requests.

The audit shows some 42 percent of the 220 government agencies audited violated the law. Others, like the governor’s office, which two years ago failed to turn over records promptly, this time performed commendably.

Against this backdrop, more attempts are underway to limit public access. Former Sen. Curt Kiser reminds us that most of these efforts are neither malevolent nor successful. Usually, Kiser says, lawmakers seeking exemptions have not considered the unintended consequences.

Too many times, proposed exemptions survive a committee vote when they should have been killed outright. Whether it’s because lawmakers don’t want to vote against a fellow legislator’s bill or they are counting on leadership to prevent it from reaching the floor, the committees aren’t working the way they should when members don’t fully consider the impact of public record exemptions on citizens.

Similarly, lawmakers appear to be subverting the committee process when, late in the session, they vote to strike original language in a bill and substitute a new version, slipping in problems that go undetected. Kiser spoke of a bill last year that he was assured would not include six worrisome provisions. It didn’t include six, but the committee kept three in the substitute bill and there was no time left to protest.

Several bills waiting to be heard this session are troubling for those who want to know what their government is doing.

One bill would exempt photographs or videos of the remains of a murder victim. The bill is in reaction to a court decision allowing the media to look at photographs of Carlie Brucia, the 11-year-old Sarasota girl whose kidnapping was captured on camera two years ago.

Many people, including Carlie’s father, did not want the media to see the photographs for fear they would be published. Newspapers don’t want to publish these kinds of photographs. Editors are sensitive to the anguish of grieving family members. But a newspaper has a responsibility to cover a trial, and part of that coverage includes examining the evidence that is submitted, especially when another life is at stake.

Another bill is proposed by the state’s court clerks, who want to give lawyers the responsibility of identifying and removing confidential information from court records. Court records are presumptively open records that can be sealed only with a judge’s permission. This proposal would give lawyers, who have a stake in the outcome, too much discretion over what is a public record.

There are other bills, too, that would, in various ways, allow more government secrecy. Sunshine Sunday this year has been expanded to Sunshine Week, and the extension obviously is needed to remind lawmakers of the public’s right to be kept informed.

Reproduced courtesy of The Tampa Tribune.
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