FSNE - Sunshine Sunday

TALLAHASSEE, Fla. (AP) — Florida's daily newspapers published articles and editorials Sunday reminding readers of the state's strong public records laws at a time lawmakers are proposing an increasing number of exemptions to the measures.

Spearheaded by the Florida Society of Newspaper Editors and the Tallahassee-based First Amendment Foundation, 36 papers participated in the "Sunshine Sunday" initiative, which began last year to stress the importance of maintaining open government.

"Government is made better by exposure to the people it serves, and each year, as some legislator tries to dim that view, the question must be asked: What are you trying to hide?" The St. Petersburg Times asked in an editorial Sunday.

Broadcasters also were enlisted in the effort, with a 30-second public service announcement recorded by Miami Herald columnist and author Carl Hiaasen.

The initiative comes at a time when lawmakers are seeking to tighten access to public records as security is strengthened following the Sept. 11, 2001, terrorist attacks.

"It's understandable the government would want to protect its citizens and we're fully supportive of that," said Orlando Sentinel Editor Tim Franklin, who helped coordinate the project. "But at the same time you don't want to completely eliminate what makes this country special, which is access to its government."

The Miami Herald said in an editorial Sunday: "Florida's Sunshine Law for promoting open government is among the strongest in the nation — and the public must insist that the Legislature keep it that way. Why? Because special interests and post-9/11 security concerns are fueling attempts to limit access to official meetings and records."

Florida voters made it harder for the Legislature to grant exemptions to Florida's open-meetings and public-records laws last fall, overwhelmingly ratifying a constitutional amendment requiring a two-thirds majority of each house to approve new exemptions.

“That was a pretty clear message from the public," Franklin said. "The citizens here are used to having access to their politicians and to their government and they should continue to want that."

"Unfortunately, official contempt for the public's will in regard to open government is very much alive and well in Tallahassee," said The Gainesville Sun.

Barbara Petersen, president of the First Amendment Foundation, said lawmakers this session already have filed more than two dozen bills seeking new exemptions to the state's open records and meetings laws.

Few are related to security, despite the fears of terrorism activity following Sept. 11 and the prospects of war in Iraq, Petersen said.

Some of the bills proposed this session would prevent the public from seeing reports about mistakes pharmacists make until 10 days after a determination there was a mistake, reports of catastrophic mistakes made by doctors, photographs of any part of the body of a sexual offense victim, and customer information for public utilities.

The FSNE picked Sunday for the editorials because it was the day before the birthday of James Madison, the "Father of the Constitution" and an ardent supporter of the First Amendment provision providing freedom of the press.

• Orlando Sentinel: "Together with beaches, oranges and the Everglades, open government belongs on a list of things to treasure about Florida."

• The Miami Herald: "Florida's Sunshine Law for promoting open government is among the strongest in the nation — and the public must insist the Legislature keep it that way. Why? Because special interests and post-9/11 security concerns are fueling attempts to limit access to official meetings and records."

• The Gainesville Sun: "Unfortunately, official contempt for the public's will in regard to open government is very much alive and well in Tallahassee."

• South Florida Sun-Sentinel: "Once again this year, lawmakers are working overtime to shut the public out, with more than two dozen new public records exemptions bills filed."

• Pensacola News Journal: "Many people are under the mistaken impression that the Public Records Law and the Sunshine Law are only for the use of journalists. Not so. They give any citizen of Florida the right to attend meetings and see governmental records."

• The Palm Beach Post: "In theory, Floridians can review any public record, and elected officials conduct the public's business in public. In reality, the state's tradition of open government is under unprecedented assault."

• St. Petersburg Times: "Government is made better by exposure to the people it serves, and each year, as some legislator tries to dim that view, the question must be asked: What are you trying to hide?"

• The Tampa Tribune: "Certainly laws requiring open meetings and records sometimes result in uncomfortable situations where candor is tested, but the people of Florida — the very people who empower state and local governments — are more wary of secrecy."

• News-Press of Fort Myers: "This legislative session, certain forces are busy again, trying to shut the door that lets us see what our government is up to."

• The Florida Times-Union: "People have a right to know how their tax dollars are being spent and how well public resources are managed."

• Tallahassee Democrat: "Pick up the phone or send an e-mail message to your lawmakers. Tell them this is truly the Sunshine State."

Associated Press Story on Public Records

(For by AP members Sunday, March 16, and thereafter)

Author: Florida still has wealth of public records

By RON WORD

Associated Press Writer

JACKSONVILLE, Fla. (AP) _ Is a neighbor a sexual predator or a criminal on probation? Is the day care center down the street licensed? Has the doctor assigned to care for a relative been sued for malpractice?

Information on those subjects and scores of others are available on the Internet despite some tightening of public information by state lawmakers following the Sept. 11, 2001, terrorist attacks.

"There are so many resources available to help people and so many people don't know that the resources exist," said Joe Adams, an editorial writer at The Florida Times-Union and author of The Florida Public Records Handbook. "Public records are not just for the press. They are for the public."

Public records advocates are concerned about the Legislature's annual assault on the state's open government laws. Many of Florida's daily newspapers published editorials Sunday stressing the importance of maintaining an open government as part of an initiative dubbed "Sunshine Sunday." The goal was to keep Florida's reputation as a model for open government from slipping away.

"We still have a strong public records law, but each year the Legislature introduces a surprising number of new exemptions and passes a number of them," said Sandra Chance, director of The Brechner Center for Freedom of Information at the University of Florida. "Every time an exemption is approved, we lose some ability of the public to maintain an oversight of government."

The Public Record Law was enacted in 1909, and is one of the oldest in the country. In 1992, Florida voters approved a constitutional amendment guaranteeing access to the records of Florida government. The amendment grants access to all three branches of the government and provides a strict standard for those seeking an exemption to the law.

Adams is finishing up the 2nd edition of his book, first published in 2000 by the First Amendment Foundation, to include changes in records and new exemptions passed by the Legislature. The 500-page book, designed as a companion to the "Government-in-the-Sunshine Manual," will be available at the end of March.

The book includes an overview of the state's Public Records Law, a listing of exemptions from the law; the state's Records and Meetings Constitutional Amendment, and a sample public records request.

Chance said the book is a "wonderful resource" the public. "It shows the kind of information available and why it is important, not just to journalists, but to individuals in their daily lives," she said.

Adams said a wealth of information remains available free to the public.

For instance, an employer can check a Web site to see if a prospective worker has a drivers license or whether he or she is on probation or is a sexual predator.

Patients can check out a doctor's record and see if he has ever been sued for malpractice. Reports are available on day-care centers and nursing homes. Property ownership can be checked. The officials of Florida corporations are listed on another database. All are available on the Internet.

Records covered in the book include individual documents, such as deeds, lawsuits, police reports; regulatory and disciplinary files on licensed professionals; businesses and facilities; publications; and Web sites, such as the Florida Department of Law Enforcement's Sexual Offender and Predator database.

"Public records are the diary of state, local and federal governments," said Mark Middlebrook, a former Times-Union editor who is now a senior adviser to Jacksonville Mayor John Delaney. "It is what we do every day." Middlebrook and Barbara Petersen, president of the First Amendment Foundation, edited the book.

Each entry includes details about the record, why it is useful, where to get it, online availability, agency phone numbers, references to other handbook entries with related information, and trips and traps.

An example of the "tip and trap" in the section on divorce records reads, "Divorce cases can get nasty. Note that not everything said in a divorce proceeding is necessarily true."

Petersen is tracking the bills in the Legislature which could affect public records and open government.

She's concerned about several measures which would close records to the public, including a bill which would prevent the public from seeing reports about mistakes pharmacists make until 10 days after a determination that a mistake likely occurred; cellular phone numbers, pager numbers, e-mail addresses and associated billing records for active or former law enforcement personnel; photographs of any part of the body of a sexual offense victim, and customer information on public utilities.

"I don't know any other issue which has been assaulted more by the Legislature than this one," Petersen said.

Florida has long been a leader in allowing public access to its government, Petersen said, although additional exemptions are added yearly. In practice, she said, "We have a damn good law."

On the Net:

First Amendment Foundation: http://www.floridafaf.org/

Sunshine Coalition: http://sunshinecoalition.info

Brechner Center for Freedom of Information: http://brechner.org

(Eds: The book will be available at the end of March from the First Amendment Foundation, 336 E. College Ave., Suite 300, Tallahassee, Fla. 32301 for $24.95 per copy. The foundation will also sell the book, along with its "Government in the Sunshine Manual," for $34.95.)

State of Florida home page — Links to all state agencies' Web sites, business information, consumer information, legislative information, governor's office: http://www.myflorida.com

Public school data and statistics — Compare test scores, dropout rates, graduation rates, teacher education levels and other details for public schools statewide: http://www.firn.edu/~doe/menu/schools.htm

Child care inspection reports — Latest day care inspection reports for the day care center down the street or across the state: http://www.state.fl.us/cf_web

Medical professionals — Check on license status, discipline and complaints about doctors, nurses and other health professionals licensed by the Florida Health Department: http://www.doh.state.fl.us/

Business and professional licensing — Check on license status of building contractors, Realtors, funeral directors: http://www.state.fl.us/dbpr/

Corporations — Find out who is behind a business and which businesses a person may be an owner or partner: http://sunbiz.org

County clerks — Posting vary by county. Research deeds, mortgages, marriage records, foreclosures, criminal court records, lawsuits: http://myfloridacounty.com

Property appraisers — Details vary by county, but expect to find property ownership, recent sales figures and taxes: http://myflorida.com/dor/property/

Sexual predators — Find out if a sexual predator or offender lives near you. Searchable by county, city, Zip code and address. Includes pictures: http://www.fdle.state.fl.us/sexual_predators/