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Anti-Terrorism Bill Increases Police Powers State Denies Public Access Temporarily

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Anti-Terrorism Bill Increases Police Powers State Denies Public Access Temporarily The BRECHNER Report Volume 25, Number 11 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 November 2001 State denies public Security plan would close records access temporarily TALLAHASSEE – A new statewide Additionally, the plan would set up security plan proposed by Gov. Jeb Bush seven regional anti-terrorism task TALLAHASSEE – Responding to and Florida’s emergency officials would forces, create a statewide anti-terrorism requests from state and federal law in part close or limit access to some database, and pay for police to get enforcement investigators, Florida has government records and expand police additional training. refused access to public records several wiretap and surveillance powers. The legislators chairing Florida’s times since the Sept. 11 terrorist The plan would limit public access to House and Senate security committees attacks. jail booking reports and other existing said they did not know specifically when The Department of Highway Safety public records, such as driver’s licenses, the committees would consider the and Motor Vehicles shut down access to during ongoing criminal investigations. public records issues. driver’s license information on Sept. 19, Documents related to police officer cell “The challenge is to protect and saying that the records were part of an phones and pagers would be exempt. secure the state while at the same time active criminal investigation. The plan also would prevent the not tromping on the Constitution,” said Public access was restored the next public from accessing reports on state Sen. Ginny Brown-Waite, day after officials installed a program to terrorism prevention plans and R-Brooksville. (10/2/01 – 10/8/01) redact the intelligence operations and assessments Editor’s note: See related addresses of the state’s vulnerability to attacks. commentary on page 4. and social ACCESS security RECORDS Anti-terrorism bill increases police powers numbers of foreign nationals from 12 Middle WASHINGTON – House and Senate searching and photographing property Eastern or Southeast Asian countries versions of an anti-terrorism bill that and downloading computer files. who had received licenses during a passed in mid-October would expand Software filtering system used to certain time period. law enforcement surveillance and search pick out e-mail messages may be used After access was restored, the powers, including greater access to more under provisions allowing broader department continued to refuse requests Internet communication. electronic surveillance. Civil liberties to release applications made by the The bill also would allow prosecutors advocates argue that the bill could open hijackers, as many as 13 of whom may to share transcripts from wiretaps and average citizens’ e-mails or Web surfing have held Florida drivers’ licenses or grand jury proceedings with intelligence habits to law enforcement scrutiny, identification cards. agencies and open more educational including Web use at public libraries. The Department of Agriculture and records to law enforcement officials. Under the House version of the bill, Consumer Services was asked to not Both the House and Senate version of the electronic surveillance provisions release any information on the bill would permit “roving wiretaps,” would expire after three years unless approximately 150 people who hold which would authorize wiretapping of renewed by the president for two more crop-dusting licenses in Florida. multiple telephone lines rather than a years. A conference committee is Attorney General Bob Butterworth single telephone line. Officials also reconciling the versions of the bill. told the St. Petersburg Times that the could delay notifying homeowners about (10/14/01 – 10/16/01) reason the Department of Highway City rejects resolution to allow phone voting Safety and Motor Vehicles gave for refusing driving records requests was BOYNTON – The Boynton Beach telephone, provided they gave the city incorrect. City Commission rejected 48 hours notice and were His office is investigating whether a resolution that would present on the telephone state law allows the kind of shutdown have allowed ACCESS throughout the discussion of the department initiated. commissioners to attend MEETINGS the matter being voted on. “Highway Safety made a decision to meetings via electronic The commission voted 3-2 go along with the FBI and, you know, I media, including telephones. to reject the proposal, which faced don’t blame them,” Butterworth said. The proposed resolution would have opposition from several community (9/20/01 – 9/26/01) allowed commissioners to vote via members. (8/21/01 – 9/5/01) ACCESS RECORDS CONTINUED SEC sued over FOIA handbook Federal agency WASHINGTON – A legal news handbook. blocks map access publisher has filed a federal Freedom of Initially, the SEC refused to release WASHINGTON – The National Information Act lawsuit against the U.S. any part of the handbook but made Imagery and Mapping Agency blocked Securities and Exchange Commission to several portions public following an access the SEC’s FOIA handbook. administrative appeal of the decision. public access to several maps because of concerns stemming from the Sept. 11 American Lawyer Media, which The handbook’s 200-plus pages, terrorist attacks. publishes 24 legal trade newspapers and ironically, describe how the agency is The agency barred the U.S. magazines, wants a judge to review the supposed to deal with requests from the Geological Survey and the Federal agency’s refusal to release its FOIA public for SEC records. (9/20/01) Aviation Administration from selling topographical maps made by NIMA. The Department denies FCAT test request agency also ordered the Library of LARGO – The Florida Department of Bowen sent a memorandum in support Congress and the National Archives and Education has denied a public records of Shields’ request. Records Administration to deny public request from a Pinellas County parent Bowen said Shields has a right to see access to the maps. who wants to see her son’s answer sheet the answer sheet and test booklet Some maps are again available to the and test booklet from the Florida because it is part of her son’s student public while maps of U.S. military Comprehensive Assessment Test record. installations and detailed U.S. maps are (FCAT). The Department of Education still being reviewed by the agency. Betty J. Shields asked to see the test refused, saying the FCAT exam was Access to nautical and aeronautical in order to figure out what areas her son considered confidential under Florida maps, which are used for navigation, was needs to work on before taking it again law. never blocked. this year. “They are saying it’s not a public Most of the maps produced by NIMA Shields’ son, an 11th-grader, took the record under Florida law,” Bowen told are classified, but some are made test last year but did not score high the St. Petersburg Times. “The point is, available to the public. (10/3/01) enough to pass the state’s graduation it is a student record and the parent has a requirement. right to see it. They didn’t even address Audit finds problems Pinellas School Board Attorney John that issue.” (9/6/01 – 9/21/01) with Sunshine issues WELAKA – An audit of the town’s AGO: Juvenile felony complaints are public business practices identified several TALLAHASSEE – Felony complaints does not convert standard law problems, including failure to keep and arrest affidavits involving a juvenile enforcement records into ‘education proper public records and Open student and created by school police records,’ thereby making such material Meetings violations. officers are public records, according to confidential …,” Butterworth wrote. The $30,000 audit found that Welaka an opinion from Florida’s attorney However, the felony complaints/ failed to keep financial records the town general. arrest affidavits filed against juvenile is legally required to keep including Attorney General Bob Butterworth students are subject to other exemptions records of two $50,000 certificates of was responding to a question from Luis of Florida’s Public Records Law, deposit. M. Garcia, the senior assistant board including, but not limited to, Auditors also said that the town attorney for the Miami-Dade County information about active investigations council did not provide the public with school system. and the names of sexual battery victims, adequate notice of a scheduled vote to “The fact that school students are according to the opinion. raise the council’s pay and the mayor’s involved in crimes on school property (AGO 2001-64, 9/12/01) pay. (7/31/01) Court vacates order unsealing documents DECISIONS ATLANTA – The 11th U.S. Circuit ordered the documents released to the Court of Appeals vacated a lower court’s press but stayed the order pending the ON FILE order that would have unsealed appeal by Bridgestone/Firestone, which Copies of case opinions, Florida documents in a lawsuit filed against claimed the sealed documents related to Attorney General opinions, or Bridgestone/Firestone Inc. company trade secrets. legislation reported in any issue as The company settled the lawsuit with The appeals court vacated the order “on file” may be obtained upon Michael and Kim Van Etten in the death that unsealed the documents and sent the request from the Brechner Center for of their son, Daniel, but media case back to Alaimo for review. The organizations including CBS, The three-judge panel instructed Alaimo to Freedom of Information, College of Washington Post, the Los Angeles determine if the documents contain Journalism and Communications, Times and the Chicago Tribune trade secrets and to weigh the 3208 Weimer Hall, P.O. Box 118400, challenged the sealing of 15 documents information’s confidentiality against the University of Florida, Gainesville, in the case. Judge Anthony Alaimo, U.S. health and safety interest of the public.
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