THE BRECHNER REPORT

Volume 36, Number 6 A monthly report of mass media law in Florida Published by The Brechner Center for Freedom of Information College of Journalism and Communications University of Florida June 2012 News groups challenge sealing of Martin records ORLANDO—News organizations in following a request by Zimmerman’s claiming self-defense, in the Feb. 26 Florida have joined forces to challenge attorney to prevent the records release. shooting of Martin, 17. the sealing of records related to the The motion asks the court to prevent The court may prevent the release of the second-degree murder the sealing of any police records if their public release would create case against George reports, autopsy records, an imminent threat to the administration Zimmerman for the death COURTS and transcripts of witness of justice, if there are no alternatives for of Trayvon Martin. statements related to the protecting the defendant’s right to a fair The news organizations, including the case, which would be open under Florida trial and if closing the records protects the The Miami Herald, Orlando Sentinel and Public Records Law, according to The right of the person being tried, according The Associated Press, filed the motion Associated Press. to The Associated Press. in Circuit Court in Seminole County Zimmerman, 28, pleaded not guilty, Source: The Associated Press FAMU rescinds decision to let panel meet privately TALLAHASSEE – Five of the seven Open Meetings and Public Records Law. and said the panel should not be allowed to members of the Florida A&M University That decision was approved by the board skirt Florida’s Open Meetings Law. hazing committee, convened to provide with a 7-2 vote. FAMU created the panel following the recommendations to the university State law allows members of a board death of drum major Robert Champion, on hazing prevention, have resigned to bypass open meeting who died during what police have following a Board of Trustees decision not requirements for “fact- called a hazing incident. FAMU to allow the panel to meet privately. finding” missions. ACCESS has since suspended its band. The decision not to allow the panel to The change, however, MEETINGS It is now looking for a way to meet privately constitutes a reversal of would prevent rebuild the committee. an earlier decision to turn the panel into the panel from lawfully making any Source: The Associated Press, Tampa a fact-finding body so that committee recommendations to the board. Bay Times, Tallahassee Democrat, members would be exempt from Florida Gov. Rick Scott criticized the decision Orlando Sentinel Ex-Gainesville employee receives $40K records bill GAINESVILLE—A former city so that she could provide the Commission Friedberg requested all emails to of Gainesville employee who filed an on Human Relations with documents, and from her during her employment, employment discrimination lawsuit statements and other information about her her personnel file, records related to her against the city has been employment, according to The termination or resignation and a request told that she cannot receive Gainesville Sun. during her employment for medical leave. records from the city ACCESS The city of Gainesville told The city’s fee includes a “special related to that case unless RECORDS her that it would cost the city service” charge to review 150,000 emails she pays nearly $40,000. more than $39,000 to review for exempt information, according to The The employee, Erin Friedberg, 36, the records to determine if they contained Sun. made a request for records in late 2011 exempt information. Source: The Gainesville Sun Lawsuit alleges Sheriff ’s office destroyed records TALLAHASSEE—A lawsuit against materials related to the October 11, the request, according to the Democrat. the Leon County Sheriff’s Office claims 2010 shooting of officer David Mays, Circuit Judge Kevin J. Carroll, of the officials destroyed records related to according to the Tallahassee Democrat. 2nd Judicial Circuit in Leon County, a shooting investigation following the The lawsuit alleges Sgt. Brian gave the sheriff’s office 60 days to filing of a public records request. Pearson kept a “secret” file on Mays’ show cause why the attorney’s requests A Tallahassee attorney filed the investigation, including personal notes should not be granted, according to the lawsuit after the sheriff’s office failed and other materials, which he placed in Democrat. to hand over personal notes and other the paper shredder following receipt of Source: Tallahassee Democrat ACCESS MEETINGS Group wants biomass negotiations voided GAINESVILLE— A local nonprofit power the plant would produce. recorded. group has filed suit against the city of In their complaint, the group, “The state gives us a constitutional Gainesville, claiming that negotiations Gainesville Citizens Care, Inc., alleges right of access to meetings of the City in the purchase of a biomass plant the contract should be declared void Commission and it applies to the entire violated Florida’s Sunshine Law. because negotiations that led to the deliberative process, said Barbara In 2009, the Gainesville City contract signing were not open to the Petersen of the First Amendment Commission approved a contract public. Foundation. “If the City Commission for the purchase of a 100-megawatt In coming to an agreement, the group defers any part of that deliberative process biomass plant currently under claims that officials created an advisory to the staff, then our right of access construction on Gainesville Regional committee to make recommendations applies.” Utilities property, according to The on the proposed terms of the contract Gainesville officials claim the meetings Gainesville Sun. The contract included and that those meetings should have did not violate Sunshine Law. a 30-year agreement to purchase all the been publicly noticed with minutes Source: The Gainesville Sun Lake Wales official guilty of Sunshine violation BARTOW—Booker Young Jr., 81, office in Lake Wales, according toThe they returned, The Ledger reported. was found guilty of violating the state’s Ledger (Lakeland). Young was the only one of the three Sunshine Law for actions related to a Two other members left the meeting who spoke outside the public meeting, March 16, 2011 Lake Wales Housing with him, but Booker was the only one according to witness testimony. Authority Board meeting. charged and found guilty. County Judge Mary Catherine Green, During the meeting, Young stood Prosecutor Sharon Franklin argued for the 10th Judicial Circuit, fined Young up and invited other members of the that his actions constituted a private, $67 for the civil violation and ordered him board to go outside with him to discuss unnoticed meeting about Housing to pay $500 to the State Attorney’s Office problems related to the parking lot Authority business that was not recorded for investigation and prosecution costs. pavement of the Housing Authority’s or discussed in the public meeting when Source: The Ledger (Lakeland) School District abandons photo ID rule BARTOW—The Polk County the meetings were being held, according Although Florida Open Meetings Law School District abandoned its practice to The Ledger (Lakeland). prohibits individuals from being forced of requiring citizens to produce photo The driver’s licenses were then to provide identification to enter a public identification in order to attend meetings. scanned and compared to a Florida meeting, it is unclear whether that applies The School District created the Department of Law Enforcement to a public building, The Ledger reported. practice of requiring individuals to database of sexual offenders and The district dropped the requirement produce a driver’s license or other photo predators. If a person showed up without following a Ledger story detailing the ID as a safety precaution before allowing identification, that person was not practice. individuals to enter the building in which allowed to enter the building. Source: The Ledger (Lakeland) Space Coast Health Foundation Brechner.org Visit The Brechner Center’s website, wants litigation details sealed where you can find: BREVARD COUNTY— Attorneys information related to damages and fees for Space Coast Health Foundation filed be withheld from the public. l Our Open Government Pledge, which several motions to prevent the release The foundation also requested a gag you can pass on to your elected officials. of records and testimony related to order be placed on Health First’s 7,000 an antitrust lawsuit it filed against the employees. l Florida lawmakers’ voting records on Brevard County-based Health First’s attorneys, open government issues. Health First healthcare joined by Florida Today, system. COURTS opposed the motions, arguing l Sample public records request letters. The suit, which was that many of the documents launched by the foundation formerly the foundation is seeking to withhold are l The Citizen’s Guide downloadable known as Wuesthoff in 2005, seeks the public and that excluding the press and PDF and video. forced sale of several of Health First’s public from court proceedings would hospitals as well as its insurance operation be a violation of Health First’s First l Details on open government in Brevard. Amendment rights. prosecutions in Florida dating back to Space Coast’s motion requested Source: Florida Today 1977.  2 The Brechner Report June 2012 2012 LEGISLATIVE REVIEW TALLAHASSEE – The following is customer identification, and employee HB 231 Meetings and Workshops/ a summary of bills pertaining to public wages. Rep. George Moraitis, Jr. (R-Fort Interlocal Agreements: Allows records and open meetings introduced Lauderdale). Signed by Gov. Scott May 4. interlocal boards or commissions to during the 2012 legislative session. Chief conduct public meetings and workshops sponsors of the bills are indicated in italics. CS/HB 1089 Exemption/Home by conference telephone, video or other Copies of the legislation in full are Addresses – DBPR & Tax Collectors: communications technology if the board or available at the Florida Legislature’s Creates a public records exemption for commission has member public agencies website (www.leg.state.fl.us). the home addresses, telephone numbers, in at least five counties, if at least three SB=Senate Bill; HB=House Bill; and photographs of current and former are not contiguous. Rep. Mike Horner CS=Committee Substitute investigators and inspectors of the (R-Kissimmee). Signed by Gov. Scott Department of Business and Professional April 27. Regulation and the children and spouses The following eight bills create new of such investigators and inspectors. Also SB 878 Evaluations/University and exemptions to the state Public Records and creates a public records exemption for the College Presidents: Specifies records Open Meetings Laws. home addresses and telephone numbers constituting “limited-access records” under of county tax collectors and the children the rules adopted by the State Board of SB 374 Exemption/Donors – Historic and spouses of such collectors. Rep. Janet Education proscribing the content and Capitol Museum: Creates a public Adkins (R-Fernandina Beach). Signed by custody of records the Florida College records exemption for information Gov. Scott May 4. System may maintain on its employees. identifying a donor or prospective donor Sen. Lizbeth Benacquisto (R-Wellington). to the Legislative Research Center and CS/HB 1193 Exemption/Victims of Signed by Gov. Scott April 6. Museum at the Historic Capitol if the Violence: Creates an exemption from donor or prospective donor wants to remain the Public Records Law for personally CS/HB 937 Publication/Legal Notice: anonymous. Sen. Nancy Detert (R-Venice). identifying and location information of Requires newspapers publishing legal Signed by Gov. Scott March 23. victims of domestic, dating, sexual or notices to place such notices on their repeat violence provided to the clerks of websites and make such notices accessible SB 570 Exemption/Donors – court and law enforcement in order for the to the public at no charge. Rep. Ritch Performing Arts Centers: Creates victims to receive automatic notification Workman (R-Melbourne). Signed by Gov. a Public Records Law exemption when a restraining order requested by Scott May 4. for information identifying a donor the victim has been served. Requires or prospective donor to publicly the victims to request protection of their CS/HB 1305 Application of Open owned performing arts centers if the personal information in writing. Rep. Mia Government Laws to Officers-Elect: donor or prospective donor wants to Jones (D-Jacksonville). Signed by Gov. Requires certain elected officials, upon remain anonymous. Sen. Jeremy Ring Scott April 27. their election, to adopt and implement (R-Margate). Signed by Gov. Scott reasonable measures to ensure compliance March 23. HB 1239 Exemption/Department with Public Records Law, including of Citrus Research Reports: Creates retention requirements. Amends the Open CS/HB 629 Exemption/Telephone a public records exemption for non- Meetings Law to apply to such elected Numbers and Dates of Birth: Expands published research related to citrus disease officials. Rep. Janet Adkins (R-Fernandina the current public records exemption to and crop efficiency conducted by the Beach). Signed by Gov. Scott March 23. exempt telephone numbers and dates of Department of Citrus. Rep. Ben Albritton birth of government employees and their (R-Bartow); Rep. Steve Crusafelli The following exemptions were families. Clarifies the exemption for law (R-Merritt Island). Signed by Gov. Scott reenacted in 2012 under the Open enforcement officers to include active or April 27. Government Sunset Review Act (OGSR), former “sworn or civilian” law enforcement which requires review of exemptions every personnel, and expands the exemption CS/SB 1856 Exemption/Biomedical five years. for judges and justices to include current Research: Creates a public records or former justices and judges. Rep. Ed exemption for portions of peer review SB 446 Insurance Claim Exchange Hooper (R-Clearwater). Signed by Gov. panels of the James and Esther King Data: Reenacts with minor changes the Scott April 24. Biomedical Research Program and the public records exemption for personal William G. “Bill” Bankhead, Jr., and David information obtained by the Department of CS/HB 645 Exemption/Title Coley Cancer Research Program. Also Revenue used for identifying parents who Insurance Information: Creates a public creates an exemption for records related to owe past due child support. S. Children, records exemption for proprietary business biomedical research grant applications and Families & Elder Affairs Committee. information provided to the Department of for research grant applications reviewed Signed by Gov. Scott May 4. Financial Services. This information can by the peer review panel. Sen. Anitere include: business plans; internal auditing Flores (R-Miami). Signed by Gov. Scott HB 7013 Census Bureau Address controls and reports of internal auditors; March 23. Information: Repeals the public records reports of external auditors; trade secrets; exemption for United States Census and financial information, including The following open government bills Bureau address information, including revenue data, loss expense data, gross were passed in 2012 but do not create maps showing structure location points, receipts, taxes paid, capital investment, exemptions. agency records verifying addresses, and The Brechner Report  June 2012 3 LEGISLATION CONTINUED agency records identifying address errors HB 7103 Florida Opportunity Fund: Reenacts the public records or omissions, held by an agency pursuant Reorganizes the public records exemption exemption for personal identifying to the Local Update of Census Addresses protecting proprietary confidential business information of participants in a Program under Federal law. H. information concerning investments telecommunications carrier’s Lifeline Governmental Operations Subcommittee. and the identity of investors or potential Assistance Plan held by the Public Service Signed by Gov. Scott May 4. investors in projects reviewed by the Commission. H. Government Operations fund who wish to remain anonymous as Subcommittee. Signed by Gov. Scott HB 7015 Donors – House Museums: well as materials that relate to methods May 4. Reenacts the public records exemption of manufacture or production, potential for information that would identify a trade secrets, or patentable material that HB 7111 Unclaimed Property donor or prospective donor to a publicly is received or discovered during research Reports: Removes the exception to owned house museum designated by by universities held by the Florida the public records exemption for social the United State Department of Interior Opportunity Fund or the Institute for the security numbers and property identifiers as a National Historic Landmark if the Commercialization of Public Research. contained in unclaimed property reports donor or prospective donor desires to Reenacts with changes the exemption for held by the Department of Financial remain anonymous. H. Governmental portions of meetings of the boards of the Services. H. Government Operations Operations Subcommittee. Signed by Fund or Institute during which exempt Subcommittee. Signed by Gov. Scott Gov. Scott May 4. information is presented or discussed. H. May 4. Government Operations Subcommittee. HB 7017 Donors – Historic St. Signed by Gov. Scott May 4. CS/HB 7115 Economic Development Augustine: Reenacts the public records Records: Reenacts with changes the exemption for information that would HB 7105 Workers’ Compensation public records exemption for information identify a donor or prospective donor Joint Underwriting Association: held by economic development agencies. to the direct support organization Reenacts the public records exemption Creates a 12-month exemption for private for Historic St. Augustine, housed for various records held by the Florida companies and corporations that provide at the University of Florida, if the Workers’ Compensation Joint Underwriting a written request for confidentiality before donor or prospective donor desires to Association, including (1) underwriting an economic incentives agreement is remain anonymous. H. Governmental files; (2) claims files under termination of signed. Creates an exemption for certain Operations Subcommittee. Signed by all litigation and settlement of all claims information related to a signed economic Gov. Scott May 4. arising out of the same incident; (3) audit development agreement after a final reports until the audit is completed; (4) product order is issued. Removes the HB 7033 DHSMV – Personal proprietary information; (5) medical exemption for anticipated wages for the Identifying Information: Reenacts information relating to the medical project jobs that the business plans to with minor changes the public records condition of an individual; (6) information create and the average wage actually paid exemption protecting personal identifying relating to negotiations for financing, etc., by the business for the jobs created by information, and the policy numbers, of until the conclusion of the negotiations; the project. H. Government Operations anyone insured or formerly insured under (7) reports of fraud until investigation Subcommittee. Signed by Gov. Scott personal injury protection and property of such fraud is complete or no longer March 23. damage liability insurance policies active; (8) payroll information received held by the Florida Department of from the Department of Revenue; and (9) The following bills were introduced in Highway Safety and Motor Vehicles. H. attorney-client work product. Reenacts the 2011 session but were not passed. Governmental Operations Subcommittee. the exemption for portions of meetings at Signed by Gov. Scott May 4. which exempt records or information is SB 666, Sealing/Juvenile Criminal discussed as well as transcripts and minutes History Records HB 7035 Physician Workforce of the closed meetings. H. Government HB 1341/ SB 1624, Expunging Surveys: Reenacts with minor changes Operations Subcommittee. Signed by Gov. Criminal History Records – Traffic the public records exemption for personal Scott May 4. Violations identifying information contained in SB 1564 Exemption/Expunged physician workforce surveys submitted to HB 7107 Consumer Complaints Records – Civil Rights Violations the Department of Health by physicians – Florida Insurance Code: Reenacts SB 1862 Exemption/Donors – and osteopathic physicians renewing their with minor changes the public records Division of Insurance Fraud professional licenses. H. Government exemption protecting personal and SB 306, Exemption/Ethics Complaints Operations Subcommittee. Signed by financial and health information held by HB 1265, Exemption/Mandatory Gov. Scott May 4. the Department of Financial Services Emergency Payments relating to a consumer complaint or inquiry SB 584/HB 811, Exemption/Dental HB 7037 Sunshine State One-Call: filed under the Florida Insurance Code Workforce Surveys Reenacts the public records exemption or Workers’ Compensation Employee SB 1284/HB 7065, Exemption/ for propriety confidential business Assistance and Ombudsman Office. H. Personal Information – Toll Facilities information held by Sunshine State Government Operations Subcommittee. SB 2036, Privatization of Government On-Call Florida, Inc. H. Government Signed by Gov. Scott May 4. Functions Operations Subcommittee. Signed by HB 491/SB 714, Exemption/State Gov. Scott May 4. HB 7109 Lifeline Assistance Plan: continued on p. 5 4 The Brechner Report  June 2012 FREEDOM OF INFORMATION Yahoo sues Facebook, claims Despite efforts, patent infringement FOIA backlogs SAN JOSE, Calif.—Yahoo filed of the most anticipated stock sales of the last suit against the social network giant decade. remain Facebook, claiming infringement of 10 of “We’re disappointed that Yahoo, a WASHINGTON, D.C.—The their patents related to its core intellectual longtime business partner of Facebook and government responded to more properties. a company that has substantially benefited requests than ever in 2011 but The lawsuit, filed in federal district from its association with Facebook, has still could not keep pace with the court in San Jose, Calif., claims that decided to resort to litigation,” said a increasing number of requests for Facebook knowingly and improperly Facebook spokesman, according to The New copies of government records, violated patents related to advertising, York Times. “Once again, we learned of according to a new analysis of privacy, customization, social networking Yahoo’s decision simultaneously with the the latest federal data by The and messaging. media. We will defend ourselves vigorously Associated Press. The suit comes at a time when against these puzzling actions.” The year 2011 saw an 8 Facebook is seeking to go public in one Source: The New York Times percent increase in the number of individual requests for records, Officials commit to transparency up from 546,445 – the third time The Brechner Center launched its •Commissioners: in three years that more than a Open Government Pledge in fall 2010. We Jerry Gemskie, Kissimmee half-million records requests have encourage you to ask your local and state Mark McCarty, Sanford been filed. lawmakers to sign the pledge, available at Velma Williams, Sanford Responsiveness to FOIA www.brechner.org, and join the following Randy Jones, Sanford requests increased 5 percent, officials in commiting to transparency: Vernon J. Burton, Lake Helen and 23 of the 37 largest federal •U.S. Representatives: Rick Basso, Lake Helen agencies witnessed a reduction Tom Rooney Cameron Lane, Lake Helen or stabilization of the number of •State Senators: Fred Lowry Jr., Deltona requests in their backlogs. Eleanor Sobel, Dist. 31 Zenaida Denizac, Deltona “It is not surprising to see •State Representatives: Fred Hawkins Jr., Osceola County more FOIA requests sent in Jim Waldman, Dist. 95 Mark P. Miner, St. Johns County to an administration that has Lori Berman, Dist. 86 Paulette Burdick, Palm Beach County emphasized transparency,” said Evan Jenne, Dist. 100 Susan Doerner, Casselberry White House Spokesman Eric John Patrick Julien, Dist. 104 John B. Sims III, Cooper City Schultz. “We’re making a strong Jason Brodeur, Dist. 33 •Council Members: effort to keep up with that demand Dwight Bullard, Dist. 118 Anthony Pupello, Orange City by devoting more resources to it.” Debbie Mayfield, Dist. 80 Cindy Drago, Oviedo The White House said it Marti Coley, Dist. 7 Russell Holmes, St. Cloud increased the budget $19 million Jeff Clemens, Dist. 89 Kimberly Prosser, Rockledge last year to assist in the efforts. William L. Weatherford, Dist.61 James O’Brien, Windermere Source: The Associated Press Darren M. Soto, Dist. 49 Peter B. Brandt, Cape Coral Fred Costello, Dist. 26 Joel Tyson, Fellsmere •Mayors/Vice Mayors: Jim Love, Jacksonville Harley Strickland, Orange City •School Board Members: Robert F. Apgar, City of Deland Diane J. Smith, Volusia Buddy Snowden, Lake Helen Candace C. Lankford, Volusia Brechner Center for Freedom of Information Dominic Persampiere, Oviedo Tina Calderone, Seminole 3208 Weimer Hall, P.O. Box 118400 Ann Robbins, Lake Helen •Others: College of Journalism and Communications Jeff Triplett, Sanford Malcom Thompson, Clerk of Court, University of Florida, Gainesville, FL 32611-8400 http://www.brechner.org Patty Mahany, Sanford Osceola e-mail: [email protected] James Cason, Coral Gables Tony Ferentinos, Soil and Water Sandra F. Chance, J.D., Exec. Director/Exec. Editor Matthew Surrency, Hawthorne Conservation Dist., Osceola Kara Carnley Murrhee., Editor Alana Kolifrath, Production Coordinator The Brechner Report is published 12 times a 2012 LEGISLATION CONTINUED year under the auspices of the University of Florida Gaming Commission HB 1279/ 1584, Exemption/Payment Instrument Foundation. The Brechner Report is a joint effort HB 791/SB 1012, Exemption/Identity of Transactions Database of The Brechner Center for Freedom of Information, the University of Florida College of Journalism and Children HB 149/ SB 230, Notice/Foreclosure Communications, the Florida Press Association, SB 1096/HB 1477, Exemption/Sexual Proceedings the Florida Association of Broadcasters, the Florida Offenders Notification System SB 206/ HB 355, Reasonable Right to Speak Society of News Editors and the Joseph L. Brechner Endowment. HB 1367 Strategic Lawsuits Against Source: Florida First Amendment Foundation Public Participation (SLAPP) (floridafaf.org) The Brechner Report  June 2012 5 JanuaryJune 2012 2007

Mild legislative session passes bill targeting officers-elect Legislative sessions can, depending on your point of are already exempt from disclosure. The FAF and view, be relatively boring – weeks of committee hearings, several media organizations have asked Gov. Rick Scott followed by what too frequently seems like scripted floor to veto the legislation. debate on major public policy issues. The 2012 session The officers-elect bill was passed with the support certainly had its moments of tedium, but it was one of of Gov. Scott, following a year-long effort by the FAF the more dramatic sessions in recent years. Not simply and numerous media organizations to obtain records because of the huge redistricting and budget deficit – including emails – generated by the governor, his issues that had to be addressed, but because attempts to staff, and his transition teams between the time Scott control the debate and predetermine the outcome – at was elected and the day he was sworn into office. The least in the Senate – failed. The prison privatization Barbara governor acknowledged that some of those records bill, SB 2038, failed on a 19/21 vote despite assurances Petersen were “inadvertently” deleted, and his staff has been to the private sector early on that the bill would be passed working with the Foundation in an attempt to recover and signed into law within weeks of its introduction. The parent those records that were destroyed. The legislation – HB 1305 by trigger bill, despite strong support from Jeb Bush’s Foundation Rep. Janet Adkins, R-Fernandina Beach, and SB 1464 by Sen. for Florida’s Future, died on the Senate floor on a tie vote. And in Don Gaetz, R-Destin – makes clear that officers-elect are subject the House, a proposed committee to the public records and sunshine laws from the time elections are The bill that would have afforded certified. It was signed into law by Gov. Scott on March 25. legislators and their staff an Still, there was disappointment that House Speaker Dean Back Page absolute privilege against civil Cannon failed to allow a vote on a measure that would have By Barbara Petersen prosecution never made it through amended the Sunshine Law to give citizens a reasonable its first committee of reference. opportunity to speak at public meetings of any board or agency. For open government advocates, however, the session was The Senate measure, SB 206, sponsored by Sen. Joe Negron, comparatively mild. Although a key piece of legislation that R-Stuart, passed through the Senate unanimously; the House would have guaranteed citizens a right to speak at meetings companion, HB 355 by Rep. Marty Kiar, D-Southwest Ranches, subject to the Sunshine Law didn’t pass, the 2012 legislative was approved by all its committees of reference, but Speaker session was a qualified success. There were fewer open Cannon failed to calendar the bill. government bills filed this year – there was a total of 78 bills Ironically, the Senate showed little support for the public’s on the First Amendment Foundation’s (FAF) tracking list, right to speak on important policy measures, including the prison considerably fewer than the 108 in 2011 and 122 in 2010. Eight privatization and parent trigger bills at key Rules committee new exemptions to the public records law were approved, but hearings – people who had traveled to Tallahassee to speak against only one was problematic. On the bright side, the Legislature the bills were told by the committee chair, Sen. J.D. Alexander, approved a bill that subjects officers-elect to the state’s access R-Lake Wales, that he’d be happy to take their testimony after the laws. committee had voted to approve the legislation. Of the bills tracked by the FAF this past session, 25 passed the There is hope for the public’s right to speak bill, however. Legislature, an average total. Almost all were reenactments of Incoming Speaker Will Weatherford, R-Wesley Chapel, and current exemptions under the Open Government Sunset Review President-designate Don Gaetz both have expressed support for Act of 1995. While most of the existing exemptions under review Florida’s open government laws and we’re confident that the were reenacted without modification, a few actually narrowed, legislation will be introduced – and passed – in the next legislative including the exemption for economic development records. session. Only one new exemption, HB 629, by Rep. Ed Hooper, Barbara Petersen is president of the First Amendment R-Clearwater, was objectionable; it makes confidential the dates Foundation, a non-partisan, not-for-profit organization that acts of birth of those government employees whose home addresses as an advocate of the public’s right to oversee its government.