Florida Legislature 2005 (click for ongoing coverage)

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For open-government cause: 'a mixed bag'

The leadership was friendlier, in a watchdog group's view, but several new exemptions to public records were passed.

By CARRIE JOHNSON
Published May 8, 2005

TALLAHASSEE - The 2005 Legislature's record on government in the sunshine was closer to partly cloudy.

For the first time in years, advocates for open government had cooperation from the leadership in both chambers, said Barbara Petersen, director of the First Amendment Foundation, a nonprofit watchdog group funded largely by Florida newspapers and broadcasters.

But that didn't stop lawmakers from approving more than 20 new exemptions to Florida's public records laws.

"It was sort of a mixed bag," Petersen said. "There were a lot of bills passed but only one or two were really problematic."

In 2002, voters amended the state 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.

The most objectionable, Petersen said, was an exemption for hurricane loss data (HB 1939). The bill, which also creates a public meeting exemption for the Florida Commission on Hurricane Loss Projection Methodology, is too broad and may be unconstitutional, Petersen said. She said her group might challenge it.

Petersen also opposed a bill that created a public meeting exemption for the Funeral, Cemetery and Consumer Services Board (HB 1469).

But some of the measures that most concerned open government groups didn't pass. A proposal by Rep. Charles Dean, R-Inverness, that would expunge the record of an arrest if it is determined to be a mistake died in committee.

Critics said the record of mistaken arrests could be useful in overseeing law enforcement. It could show, for example, whether officers unfairly target certain types of people.

Another potentially troublesome bill, which would limit access to medical malpractice reports that doctors and hospitals are required to file, was withdrawn by Senate sponsor Burt Saunders, R-Naples. The bill would have required patients to pay all costs for producing the records and include their condition, diagnosis and the name of the health care facility where they received treatment in order to receive records.

Petersen said the most encouraging aspect of the session was the cooperation she received from lawmakers, a dramatic change from years past. She said it was clear Senate President Tom Lee, R-Brandon, and House Speaker Allan Bense, R-Panama City, made open government a priority.

Petersen said she's optimistic there will be fewer exemptions passed next year.

"I'm hopeful that all of this will lead to some sort of reform movement," she said.

[Last modified May 8, 2005, 00:44:03]