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Lawmakers draw veil over more records

An open-records advocate laments a "tsunami" of exemptions enacted this year.

By ALEX LEARY
Published May 7, 2006

TALLAHASSEE - Barbara Petersen, president of the First Amendment Foundation, felt good heading into the final week of the legislative session. A slew of bills that would close off public access to government records were going nowhere.

"Then all of a sudden everything started moving. Not just moving; it was like a tsunami," Petersen said Saturday. "We ended up with 10 new exemptions."

Petersen is particularly upset about a bill that would shield the identity of concealed weapons permit holders.

The bill, which like other exemptions awaits Gov. Jeb Bush's signature, arose after an Orlando television station published the list of permits on its Web site. The National Rifle Association lobbied for the measure, saying gun owners have a right to privacy and should be protected from media "harassment."

All told, more than 30 exemptions were created or renewed by the Legislature this year. Bills would hide the addresses of Department of Juvenile Justice employees, limit access to some bidding documents and shield biometric information, such as fingerprints and footprints, held by an agency.

Florida's open-records law, Chapter 119, is considered one of the most progressive in the country. Under that law, all documents dealing with government business are presumed open unless explicitly exempted.

The First Amendment Foundation, an open-government advocacy group supported by newspapers, including the St. Petersburg Times, worries that the annual effort to create more exemptions is diluting the law.

Another bill passed late would allow Monroe County commissioners to hold special meetings via telephone or video.

The county justified the move because it is an elongated area, including the Everglades and the Florida Keys, that can make travel for meetings difficult. The meetings still must be publicized and minutes must be taken. Petersen fears other counties will seek the same benefit.

"It's patently unconstitutional," she said.

The Legislature also extended for two more years an extension that keeps private the state's records of deals it makes with businesses looking to relocate to Florida. The Legislature also expanded that protection to the $245-million incentive program championed by the governor that was approved this year.

The autopsy of Martin Lee Anderson, the 14-year-old who died in January after being roughed up by guards at a Panama City boot camp, became part of the debate in another public record exemption that was extended.

Autopsy photos have been shielded from public view since 2001, when controversy swirled over the death of NASCAR's Dale Earnhardt in a crash at the Daytona 500. Every five years, exemptions must be renewed, and the Legislature complied.

Critics say the public has a right to access because the photos can help the public understand a significant death or illuminate a public health threat. Or, in the case of Anderson, evaluate the credibility of the medical examiner who conducted the autopsy.

But Rep. David Rivera, R-Miami, deflected that criticism Saturday, saying family members can choose to release the photos if they wish, as can a judge.

Amid the gloom, Petersen did find one public records law she thinks is a good idea: a bill that requires officials to make reasonable efforts to determine whether a requested record exists and, if so, where it is.

The bill stems from problems a Palm Beach Post reporter had obtaining information from the Governor's Office on school vouchers. Bush's office denied it illegally withheld records.

[Last modified May 7, 2006, 01:10:18]