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Public records targeted again
Lawmakers seek almost as many exemptions this year as last, drawing fire from open records advocates.
By CARRIE JOHNSON
Published March 13, 2005
TALLAHASSEE - Just one week into the legislative session, lawmakers are once again taking aim at the state's open government laws, filing more than 40 bills that would close access to public records.
The proposals range from expunging false arrest records to placing restrictions on a popular, voter-approved mandate that gives citizens access to reports of mistakes by health care providers.
"We should not have to beg and battle for government access to public records," said Barbara Petersen, director of the First Amendment Foundation, a watchdog group that tracks open government. "Yet we have to beg and battle every single day."
Florida has long had a reputation as a leader in open government. But fears about national security after the Sept. 11, 2001, terrorist attacks created a rush among lawmakers to close meetings and documents once open to the public.
In 2002, a group of Florida newspaper editors created Sunshine Sunday, a day devoted to stories and editorials highlighting the importance of open government.
Today marks Florida's fourth Sunshine Sunday. But this year, the rest of the nation is joining the campaign and extending it to an entire week.
The American Society of Newspaper Editors has launched a Web site devoted to Sunshine Week. It also is offering articles and editorials for use by publications around the country.
Pete Weitzel, coordinator of the Coalition of Journalists for Open Government in Arlington, Va., said the goal is to make people aware of the public records they use in everyday life.
Such records allow people to track tax dollars, view criminal histories, check a doctor's history, ensure a day care center is licensed and view contributions to a political candidate, among many other uses.
"The critical oversight information we need as citizens is in many cases being withheld," Weitzel said. "Sometimes it's done in the name of national security. Sometimes national security is used as an excuse."
In Florida, the legislative session began on an encouraging note for open government advocates when Gov. Jeb Bush and Senate President Tom Lee called for requiring lobbyists to disclose the amount they are paid and how they spend their money.
Petersen said she supports the proposal.
"I think it's a great idea," she said. "The more openness we have in the process, the better government we're going to have."
But there are still almost as many exemptions introduced this year as last, which was one of the worst for public access in recent history, Petersen said.
Raising particular concern is a proposal by Rep. Charles Dean, R-Inverness, that would expunge the record of an arrest if it is determined to be a mistake, Petersen said.
Dean said his goal is to clear an innocent person's record.
"In our system today, the minute you're arrested your name is in computers and it could show up on your employment record or their professional record if they decide to get a license," Dean said.
Petersen said that while Dean's intentions are good, the effect of the bill is bad. The record of mistaken arrests could be useful in the oversight of a law enforcement agency. It would show, for example, whether officers unfairly targeted certain types of people.
As for the innocent person, Petersen said, "the record would speak for itself" if the matter was dropped without prosecution.
Petersen also was critical of a bill proposed by Sen. Burt Saunders, R-Naples, seeking to limit a medical malpractice initiative approved by 81 percent of Florida voters. The initiative provides a right of access to the adverse incident reports that doctors and hospitals are required to file.
Under Saunders' proposal, a patient would have to pay all costs for producing the records. They would also have to include their condition, diagnosis and the name of the health care facility where they received treatment in order to receive records.
In addition, only the reports filed after Nov. 2, 2004, would be made available.
"I'm just trying to protect the confidentiality of the patient," Saunders said. "If you open this up too broadly, you could get some young, aggressive trial attorney who decides to go on a fishing expedition with these records."
A trend noted by Petersen this year is an attempt by legislators to exempt publicly-funded institutions from public records laws.
Sen. Nancy Argenziano, R-Crystal River, has proposed closing records relating to the Florida Vaccine Research Institute. Rep. Kevin Ambler, R-Tampa, has proposed a public records exemption for the H. Lee Moffitt Cancer Center in Tampa.
"We can't have an institution that receives large sums of public money and then prevent any opportunities for public oversight," Petersen said. "They want to operate in secret."
Rep. Gustavo Barreiro, R-Miami, has proposed exempting the home addresses, telephone numbers, social security numbers and pictures of medical examiner's office employees, while Rep. Don Brown, R-DeFuniak Springs, would exempt social security numbers and signatures from voter registration applications.
In 2002, voters amended the Constitution to require the Legislature to approve all public records exemptions by a two-thirds majority. But lawmakers have had little trouble getting their exemptions passed by that margin.
Petersen said she was frustrated by the Senate's increasing reliance on blank bills filled in at the last minute, known as shell bills. There are at least seven shell bills related to public records exemptions filed this session.
Because the true nature of the bill isn't revealed until later in the session, it may be difficult for the public to respond in time.
"If you only find out the day before, you won't have time to voice your concerns," Petersen said. "Shell bills are antithetical to the notion of government in the sunshine."
Carrie Johnson can be reached at 850 224-7263 or cjohnson@sptimes.com
[Last modified March 13, 2005, 00:21:06]
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