New forces enter open records fight

In a battle once fought mostly by newspapers, large industries are trying to save Florida's open records laws, now threatened by terrorism and identity theft.

By ANITA KUMAR, Times Staff Writer
© St. Petersburg Times
published January 30, 2002

TALLAHASSEE -- For years, Florida newspapers have engaged in a mostly solitary crusade to preserve public records.

But in this post-Sept. 11 world, as the Legislature entertains more than 90 bills targeting open government, other special interests have joined the fight.

That group includes such deep-pocket industries as banks, credit bureaus, retailers and information-gatherer LexisNexis, even some government agencies.

Two proposals in particular have tempers flaring and jeopardize Florida's national reputation for conducting its business in the sunshine.

One bill no longer would allow the government to reveal Social Security numbers. Another would restrict the records that the state's 67 counties put on the Internet.

"It just doesn't make any sense to me," Jim Fuller, Duval County clerk of the court and a former legislator, told a House committee as he spoke against the bills. "I have not a clue why you're doing this when we're just trying to make things better, easier, faster."

Industry officials and lobbyists were out in full force last week to oppose the bills, complaining that they would be hobbled when they try to run credit checks, find missing children, locate lost heirs or organ donors, match a person up with their pension benefits or unravel cases of credit card or insurance fraud.

"If we do not have access, this restriction will actually help impede what you are trying to accomplish," Daniel Nestel, director of state government affairs for LexisNexis's parent company, told legislators.

Some lawmakers are justifying secrecy as the price of fighting terrorism, while others say they are reacting to the growing problem of identity theft.

"It's time we react now," said Rep. Fred Brummer, R-Apopka, who is sponsoring the Social Security and Internet bills in the House. "We have to change the mindset of government. We have to change the culture that we need to know everything."

A House committee this week passed the Social Security bill, along with a less controversial measure protecting a person's bank account numbers. But the same committee postponed a decision on the Internet bill.

"What we are doing is not going to stop people from getting information," said Rep. Jerry Melvin, R-Fort Walton Beach.

Both bills come on the heels of a report by a statewide grand jury that recommends severely restricting public records in Florida, possibly by closing all public records unless there is a specific reason to open them -- the opposite of the current legal presumption.

The grand jury, which spent six months investigating identity theft, recommended ways to combat the crime, which costs $2.5-billion nationwide annually and is expected to skyrocket to $8-billion by 2005.

Thomas Sadaka, special counsel at the Office of Statewide Prosecution, said a person's life can be stolen easily. "The Social Security number is the key to the kingdom," he said.

The House bill would allow only businesses with legitimate reasons to access Social Security numbers. The Senate version makes the numbers secret.

"The (House) bill is extremely broad in scope," said Clint Smawley of Tidewater Consulting, which represents a consumer data information association. "It might have unintended consequences because we don't have the specifics."

Social Security numbers, an individual's No. 1 personal identifier, are often used to match records. They "are the glue," said Nestel. "It's your only unique identifier."

A House bill would create a commission to study public records in Florida, but also calls for court clerks to keep official records off the Internet even though a law passed a couple years ago mandated the opposite.

At least 19 counties, including Pinellas, Pasco and Citrus, have posted at least some information on the Internet and spent hundreds of thousands of dollars to do so.

Melvin said the counties should send their bills to the governor's office if the law passes. "Now, that it's online, you want them to take it off?" he said. "I just think we ought to take this a little slower."

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