Florida was once a leader in open records and open meetings. It enacted its original Sunshine Law in 1909. Democratic Sen. J. Emory “Red” Cross of Gainesville sponsored a major expansion every year for 10 years until it became law in 1967. Voters enshrined the law in the state Constitution in 1992. Other states modeled their own reforms on Florida’s.
There was a time in the early 1990s, and I remember it well from my days in Bartow, when you could walk into any government office, ask to examine any correspondence, any document, any bills, and the people behind the counter would have to produce the material for you right then and there. No costs, no redactions, no fuss. Even in Polk County.
Agencies were not allowed to have gatekeepers. Any government employee was expected to comply with the Sunshine Law. Once a year news organizations across the state would send reporters in droves–back when there were more than a dozen reporters in the state and there were such things as newspaper buildings–to test the agencies’ compliance, and to report back to readers.
That was before the state became the retirement home of half of America’s reactionaries. Open government in a one-party state is now a losing battle. The Sunshine Law is dying.
There were more than 1,100 exemptions to the law by the time Ron DeSantis took office. He has been among its biggest enemies. Last year lawmakers made the travels of DeSantis and anyone who uses the state plane secret, even after the travel was completed. The travel logs of leaders are also secret in Syria, North Korea and Iran. That gives you an idea of the kind of government DeSantis identifies with. It’s not open government, and his down ballot minions in local government are following his lead.
There may be closer to 1,200 exemptions by the time he leaves office, with 20 approved last year and more than a dozen (so far) filed this year. With rare exceptions, these are very bad bills. There’s an entirely unconstitutional attempt to upend defamation laws and give government or powerful officials a fast track to suing their critics–the sort of thing you’d expect in authoritarian countries, or maybe in the fiefdom of Mar-a-Lago, not in an American state. But our expectations about open government appear to be out of date.
Secrecy by process has replaced a presumption of openness, crippling the Sunshine Law.
Some of the proposals in the current legislative session are just absurd, like one to keep government bidding secret, or an attempt to shield the identity of people who adopt pets from government run shelters. The legislation claims it would prevent someone from harassing a new pet owner. There are no such cases. It’s secrecy for secrecy’s sake. We saw this with Marsy’s Law, which was intended to give a measure of privacy to some actual crime victims. It’s ended up being a license for government and police agencies to black out entire histories from government reports, often illegally, whether the identity being protected is a victim of a crime or not.
The agencies have nothing to worry about. They’re rarely challenged. If anyone does challenge–as a few organizations did successfully challenge the ridiculous claim that cops shooting others are “victims” and so should not be identified–lawmakers will just file yet more exemptions, as they have under Marsy’s Law this session. They’ve also filed an exemption to autopsy reports of suicide victims. There’s no rationale for it except to revert back to 19th century stigmas that won’t help us understand trends and develop preventive measures.
The focus on each year’s additional exemptions is important. But it’s missing the forest. The battle, mostly lost, is not those individual exemptions. It’s the totality of what’s been lost over the years: a presumption of openness has been replaced by the reverse, thanks to an unspoken but very effective bureaucracy of secrecy by process. The secrecy isn’t explicit. Most of your average government gatekeepers would never think of themselves as suppressing information. But the rules they have in place, allowing them to delay, obfuscate, censor and charge a ton of money before they comply, amount to the same thing: secrecy as standard operating procedure.
On their own, the exemptions may not be much. But the cumulative effect has upended the purpose of Florida’s Sunshine Law. In its original form anything shielded from the Sunshine Law had to be justified and narrowly limited to the exemption. It’s now the reverse. The burden is on anyone looking for records to scale the obstacles, put up with infuriating bureaucratic delays, and pay the price, which can be very steep. Agencies should be the ones facilitating openness: it’s their job. Instead, they now give you innumerable reasons why you’re out of luck, by rote.
With so many exemptions on the books, government agencies are required to review every requested record to make sure its release doesn’t violate one of those 1,100 exemptions. The reviewing process is necessary. But it’s turned into an obstacle of its own, enabling agencies automatically and methodically to hold a record hostage on the excuse that it must be reviewed and censored. But that’s just an excuse. The purpose is to delay, obscure, wear down, deny. The agency doesn’t just hold all the records. It improvises the rationales for suppression at will.
If you persist, it’ll cost you. Since agencies have to review records, they now bill staff time for the review to the person requesting the records, even though it’s the agency’s burden to conduct the review, not the requester’s problem. They’re supposed to bill at the lowest clerical cost. But they can interpret those costs, too, and claim they put in 20 or 30 hours when they really put in 20 minutes. There’s no way to verify those records without yet more requests.
The bills can add up quickly. Most people cannot pay. What news organizations are left can hardly afford the kind of legal bills they once could, when they’re not even holding on to their staff. Lawmakers know that. They also know that public record exemptions have become a built-in device to deny not only exempt records, but all records, now that even releasable records can be held hostage to legalized obstacles and costs.
Yet we still pretend we have open records. The Sunshine Law may have some verbal similarities with the law Cross sponsored in 1967 and voters approved in 1992. In everyday applications–in the routinely censoring hands of government agencies–it has been shredded by process and shielded by arrogance. Short of suing, you’re out of options, and sunshine.
Pierre Tristam is the editor of FlaglerLive. A version of this piece airs on WNZF.
Another Concerned Taxpayer !!! says
Corruption flourishes in the dark, that seems to be why certain politicians are endorsing this trend. Look at the State of Florida each year they are shielding more and more from the public. Even our school board is violating the State’s Sunshine Laws, because they know that the Governor supports it. We need to hold them accountable and force the issue with Class Action Lawsuits against those that violate our right to know.
Dennis C Rathsam says
Pierre, Your so dramatic, we all know how much you dispise De Santis. And since this is your forum, & you only print what you want. Too bad you & your views are a minority here in the Sunshine State. The majority of Floridians supports our governor, after all he won by a landslide! Lets worry about Flagler, Palm Coast & Bunnell. Theres a lot of shit that needs to be adressed, right here right now. You have the perfect platform to be hero here in town, a voice of reason. Fight for all the people, its time to expose the real mess this city is in. Expose Alfin for what he really is!
Pierre Tristam says
Dennis, if “there’s a lot of shit that needs to be addressed” here, and there is—even your broken morals happen to be right twice a day—how do you propose we address them when the suppression of information you’re entitled to, and that I’m describing in the article, is now a routine method of the very governments we should be—you should be—holding to account? Your cultish groveling at DeSantis’s knees not only unbecomes you (assuming the becoming is part of your value, which may be too generous an assumption) it flatly contradicts your alleged outrage. You can’t have it both ways. But of course, that’s what—that’s only—what you’re about: bitching about the very things you want addressed, and pretending you’re above it all. Good thing vomit bags aren’t that expensive, though having to reach for one at my own workplace can be galling, though at least we can always depend on your trolling’s consistency.
Richard W. Lewis says
Exactly Pierre, very well said.
Dennis C Rathsam says
Youve got a lot of balls , I do not belong to a cult, broken morals my friend belong to you. You love to critisize people you disagree with. Yeah Im a member of the GOP, have been for over 50 years, Im proud of it. You wish you have 1/4 of the brain our governor has. You wish you had his education!,I do too! Get off your high horse about my morals…Look in the mirror. Your biggotry tward republicans shows just how demented you are. Why do you constantly comend the democrats on all the things they do, your the one in a cult, acording to you the democrats are the greatest thing since sliced bread.HOOORAY for you! Personally I dont see it. And many Americans dont see it either.
Joe D says
In response to Dennis C’s HATE FILLED “RANT”…
Unless we as a COUNTRY come TOGETHER ( regardless of which SIDE you favor)…we are going to be STUCK with accomplishing NOTHING in trying to solve many of this country’s issues…which is EXACTLY what happened midway through Barak Obama’s 2nd term (2012) when the “Just say ‘NO’ club” took a narrow majority in Congress. Our county has been at a standstill since then with all the bickering and finger pointing!
I’m frankly SICK of it all! We are the greatest country in the WORLD…founded on the the principals that ALL men are created equal, free speech ( HOWEVER distasteful at times), voting our government in place and not “inheriting” it.
FEW countries have our RESOURCES and RIGHTS….and we are SQUANDERING it!
How sad for us…SADDEST still for the MESS we are leaving our children and grandchildren…
Me says
If you don’t like what Pierre writes about stop reading Flagler Live, We happen to like what Pierre reports.
Ray W. says
Dennis C. Rathsam, yes, you do belong to a cult. The cult to which you belong is that of faction, which is the one political entity most feared by our founding fathers.
In Madison’s words, you are a “pestilential” partisan member of faction. It doesn’t matter which faction. All factions, when they cross into the realm of the pestilential, are bad.
The main and overriding reason our founding fathers placed checks and balances into our proposed Constitution was that they knew that unthinking people like you would always exist. They acted to protect all of us from people like you. There is no other way to put it.
You cannot think critically. You cannot engage in reason. You cannot utilize the process of common sense. Disinformation is your stock in trade. Blind adherence to politicians who do not take an oath to tell the truth when they assume office is not a virtue.
Sherry says
Thank You, Ray W.!!!!!!
Edith Campins says
Flaglerlive isn’t alone in pointing out how Dictator DeSantis is ignoring the Sunshine Law. Only his cult like followers approve of him. https://www.nbcnews.com/news/us-news/desantis-florida-public-records-transparency-rcna91364
Tired of it says
DeSantis makes a mockery of the Sunshine Law.
https://www.law.com/dailybusinessreview/2022/10/17/did-desantis-violate-sunshine-law-in-airlift-of-migrants-records-release-raises-question-for-critics/?slreturn=20240104051241
Jim says
Apparently you did not read the article. How can you keep the “locals” honest if you can not access the information? That’s the point. Maybe you should try to read it again, slowly….
Of course a majority of Floridians support DeSantis; he got elected by a decent margin. (But was it a free and fair election? Better check with Trump before you respond.) And DeSantis made sure Floridians could not see his travel records for “security” concerns. The only security that achieved was to keep any of us from knowing how our money was spent! (Again, read the article….).
It’s a real shame you really can not see the forest for all the trees in the way…..
exasperated says
Dennis, I’m not being flippant or insulting but just how is an news organization or citizen supposed to expose an elected official without information?
Uri Cohen says
There is something wrong with the comment above from Dennis where he is not even talking about the Sunshine Laws but instead went on a different non-related rant.
Stop the madness says
It is too bad that Pierre’s views are a minority in FL. I’m still trying to understand how most of this State doesn’t want transparency in government, parents to be allowed to support their child’s growth and education, adults to be free to live their lives as they choose as law abiding citizens, more regulations on gun purchasing, more mental health options, and the list continues to grow. Why does the majority support suppression? Where have our freedoms gone? It’s always fabulous to connect with a person that knows America is supposed to be the land of the free and not the land of the oppressed.
The Sour Kraut says
Cocroaches love the dark.
marlee says
Dennis…”you better catch up with the latest’….You say…..
The majority of Floridians supports our governor, after all he won by a landslide!
read the latest polls….
~~~~The organizations, collectively known as the Florida Communications and Research Hub, asked voters whether they approved of the Republican presidential candidate and found him underwater 52%-45%. DeSantis’ favorability rating is also in the negative, 50%-45%.
Another Concerned Taxpayer !!! says
Additionally, in the 2022 Midterm election, less than 1/2 of the Floridians eligible to vote, actually voted, so when Dennis repeatedly states that the “Majority” of Floridians support the Governor and he won by a landslide, he is talking through his butt, as the “Majority” of Floridians didn’t care enough to even vote.
Another Concerned Taxpayer !!! says
Additionally, according to state records, less than 1/2 of eligible Floridians voted in the 2022 Midterm election, so there is no way that he can honestly say a “Majority” of Floridians support the Governor, at best approximately 25% seem to have supported him for re-election, he may have beaten Criss but almost 3/4 of eligible Florida voters did not support this Governor. So his ridiculous rants don’t ring to be even close to true.
Joe D says
Retiring to Florida was a light of Sunshine (pun INTENDED) on State politics, when I learned of the FLORIDA SUNSHINE laws! I actually saw them in action in The Flagler Beach Commission meeting, as members brought up topics that had been discussed outside the formal meeting they had, prior to the agenda of the meeting being presented.
Unfortunately the CURRENT issues with violations or legal (NOW legal at least) exemptions under the DeSantis administration. Anything he wants to do, but Florida law forbade it, he got his rubber stamp state legislature to MAKE it LEGAL ( like the request to know WHERE the Governor was, and who he met with in his Capacity as Governor). I’m not talking about an “anticipated schedule,” which could make him a SECURITY risk, the request was for the information 30 DAY AFTER THE FACT! The law was changed to keep his meetings secret at his discretion ONLY (?Doesn’t sound like SUNSHINE to me)!
And our local EMBARRASSMENT of a School Board member SALLY HUNT who is so ignorant of SUNSHINE law guidelines as an elected board member, that she readily ADMITTED to secret/private meetings related to EMPLOYMENT issues with a local high school principal, being investigated for removal by the (now ousted) HIGHLY competent FORMER School Superintendent.
As mentioned in the prior comments, illegal activity FLOURISHES in the DARK….exactly WHY the Sunshine Laws were approved.
We’ll see exactly how long the laws have any “teeth” under the daily assaults of the DeSantis admission, his administration and his RUBBER stamp legislation….how SAD!
Wake up FLORIDIANS and WATCH what your elected officials are actually DOING, not what they are SAYING!
James says
Just one thing… I’ve read in the comments here on Flagler Live that Sally Hunt was a “home schooler.” That is, one who chose to take on the burden of educating her own children at home. Now whether or not that should ultimately weigh on her abilities and fitness to serve on a public school board is debatable… and rests with the individuals that make that decision, we the voting public in that case.
But clearly it’s admission had some baring on that weighing, particularly in light of what “home schooling” now means in the current political climate.
From what I recall, it was not raised here on Flagler Live in your interview with the candidate. Why?
Just ask’n.
James says
And yes, I meant “omission,” not “admission.”
James says
Well I guess the breaking news regarding the school board has answered my question.
Sally wasn’t forthcoming with anything.
Just an observation/opinion.