Our public records law allows Floridians to know what government officials are up to. A recent audit, however, shows that not all government offices think the law applies to them.
Published February 10, 2004
One of the most important protections Florida residents have against reckless or improper actions by government officials is the state's public records law. It is democracy at its most basic - anyone can scrutinize the documents that reveal decisions, actions and expenditures at all levels of state and local government. Unfortunately, it is a also a law that is widely ignored by too many of those officials who are legally bound to obey it.
Four out of 10 government agencies failed to fully comply with the public records law in a recent audit conducted by 30 Florida newspapers, including the St. Petersburg Times. Those in charge of the documents used a variety of tactics to deny or delay the requests, by requiring that they be in writing, forcing the people asking for documents to identify themselves or, in one case, attempting to intimidate the person asking to see a record. While most government offices complied, those that failed to do so ranged from city hall to the governor's office.
State Attorney General Charlie Crist, when told of the results, said the outcome was disappointing. "My hope is that once the results of the audit become known, this will become an educational opportunity," Crist said.
The law is very clear about a government official's obligation. Chapter 119.07 of the Florida statutes states: "Every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so . . ." and goes on to spell out acceptable charges for providing copies of that record. While some records have been exempted from the law, most aren't and those asking to view them cannot be required to identify themselves or their purpose.
The statewide audit was conducted by newspaper volunteers who asked for basic records - such as a school superintendent's cell phone bill or a sheriff's log of calls for assistance. The volunteers were to act as though they had only limited knowledge of the public records law, although they were told not to lie about their occupations if asked. An account of the audit was written by Sarasota Herald-Tribune reporters and published in the Times and other newspapers on Saturday.
Document caretakers frequently required the volunteers to identify themselves, state a purpose or make the request in writing (none of which is appropriate under the law). A few government officials attempted to intimidate those seeking a public record. Broward County administrator Roger Desjarlais threatened the person asking to see his office e-mails by saying, "I can make your life very difficult." Even Gov. Jeb Bush's office - the only state agency that failed to comply with the law - required a form to be filled out before acceding to a public records request.
"Sometimes I think bureaucrats forget that the purpose underlying all of this information is to serve the taxpayers," said Sandra Chance, executive director of the University of Florida's Brechner Center, which researches public records law.
It's bad enough that the Legislature is constantly exempting public records from the law. The audit showed that custodians of documents that should be readily available to the public commonly break the law. Florida residents will have to remain vigilant to keep from losing their most fundamental right to inspect public records.
