Security measure shutters records

A terrorism-fighting set of proposals would enable law enforcement to withhold some public records a week or more.

By STEPHEN HEGARTY

© St. Petersburg Times,
published October 23, 2001

TALLAHASSEE -- A Senate committee approved a package of proposals Monday designed to combat terrorism by closing public records, detaining witnesses and giving broader wiretapping authority.

Twelve separate proposals were passed by the Select Committee on Public Security and Crisis Management. One simply provided a legal definition of terrorism. Two others created exemptions for law enforcement cell phone and pager numbers.

But one would give law enforcement the authority to withhold public records for a week if documents are related to a terrorism investigation. Then, at the end of the seven-day period, law enforcement could ask a judge to delay release of the records for another 14 days.

Some senators were reluctant to agree to the unprecedented exemption to the state's public records law. But after a lengthy discussion, they agreed to close public records for a longer time than was originally proposed.

"I don't want to hinder an investigation, but there comes a point where the public has a right to know," said Sen. J. Alex Villalobos, R-Miami, who was the only committee member to vote against the proposal.

The original proposal called for a four-day delay in the release of public records related to a terrorism investigation, with a 10-day extension with a judge's approval. But Tim Moore, commissioner of the Florida Department of Law Enforcement, told the senators that he wanted an even longer delay.

"We do need this," Moore said. "We originally asked for 30 days."

The director of the Florida Sheriff's Association asked the senators to give the same authority to the state's sheriffs. But the senators decided to limit the plan to state law enforcement.

"Next, police chiefs will be here saying, "We want to have that power too,' " said Sen. Kendrick Meek, D-Miami. "All of a sudden, we'll have the university chiefs too."

Barbara Petersen, president of the First Amendment Foundation, said the senators' proposal "flies in the face of our Constitution."

"Only the Legislature can create an exemption," Petersen said. "This allows law enforcement to create an exemption. This allows law enforcement to decide."

One of the other proposals would allow for the detention of witnesses in a terrorism investigation for four days. Another would prevent the release of public records related to the amount or type of drugs maintained by the state for response to terrorist acts. Yet another would provide new rules governing the operation of crop dusters. And one proposal would enable courts to authorize electronic surveillance outside their jurisdictions if the original surveillance were within the court's jurisdiction.

Each of the proposals will be considered by another Senate committee later this week before heading to the full Senate for a vote. They cannot become law unless House members agree to them as well.

Though the special legislative session that began Monday has budget cutting as its main focus, lawmakers also are working to boost the state's economy and to bolster security in the wake of the terrorist attacks of Sept. 11.

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