THE BRECHNER REPORT Volume 39, 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 2015 Legislature passes many records exemptions TALLAHASSEE – The Florida Law, according to the Tampa Bay Times. districts were not passed, the paper Legislature passed 26 laws pertaining to The Legislature succeeded in passing 13 reported. open government and First Amendment out of more than 50 proposed exemptions, Gov. Scott signed a new exemption issues during the 2015 session, according according to the into law concerning police body camera to the Florida First Amendment paper. footage. The heavily criticized law will Foundation. The Legislature approved A proposed ACCESS exempt certain portions of recordings from 13 new exemptions, reenacted 7 previous bill that would RECORDS police body cameras, the paper reported. exemptions and passed 6 bills that do not have exempted Many of the proposed exemptions that create exemptions, the First Amendment the names and information of candidates did not pass this session could return next Foundation reported. for top state college and university jobs, session, according to the paper. The Florida House ended its session and a bill that would have exempted Source: Florida First Amendment three days early, dropping many proposed surveillance video from public buildings Foundation, Tampa Bay Times, Florida exemptions from Florida’s Public Records owned by community development Senate (http://www.flsenate.gov) Cabinet lawsuit may settle House holds TALLAHASSEE – A lawsuit against Harding as a mediator in a potential the Florida Cabinet may end in a settlement, according to the paper. settlement, according to the Sarasota Plaintiffs also want to hear Bailey’s closed meeting Herald-Tribune. testimony as part of a settlement, the TALLAHASSEE – Florida House Numerous media ACCESS paper reported. Republicans met privately to discuss organizations filed a “It has to happen one way or healthcare budgeting before the lawsuit against Gov. MEETINGS another,” said paralegal Michael legislative session closed, according to Rick Scott and his Cabinet, claiming that Barfield, who works for Andrea the Tallahassee Democrat. they violated Florida’s Sunshine Law for Mogensen, one of the attorneys working House Speaker Steve Crisafulli, who secretly arranging to fire former FDLE on behalf of the plaintiffs. The case can’t distributed information about Medicaid Commissioner Gerald Bailey, the paper reach a settlement “until they know more expansion during the meeting, said the reported. about what exactly happened,” Barfield closed meeting did not violate Florida’s The parties have brought in former told the paper. Sunshine Law, the paper reported. Florida Supreme Court Justice Major Source: Sarasota Herald-Tribune “Our general counsel went through our talking points. I was very scripted,” Crisafulli told the paper. “He said Court rules on House adjournment everything we were doing in that meeting TALLAHASSEE – The Florida regular legislative session was set to was perfectly within the confines of the Supreme Court ruled the House’s early conclude less than one day after the law.” adjournment violated the state constitution, petition was filed, according to the Medicaid according to The Tampa Tribune. opinion. expansion ACCESS Members of the Florida Senate filed In a concurring opinion, Justice caused a MEETINGS a lawsuit to force the House back into Barbara Pariente emphasized that the standoff session after adjourning more than three early adjournment violated Article III of between the House and the Senate, days early, the paper the Florida Consitution, but said halting negotiations between the two reported. The court “there is simply no way to mandate chambers and forcing the regular session ruled that it was too late COURTS that the entire Florida House of to end without a budget, the paper to order legislators to return to Tallahassee, Representatives return to Tallahassee reported. The legislature must now hold a according to the paper. to continue conducting its legislative special session sometime in June. The majority opinion ruled that responsibilities.” The Senate held a public hearing to ordering the House to return to Tallahassee Source: The Tampa Tribune, Arthenia discuss the same issues, according to the to finish their session would not “produce Joyner, et al. v. The Florida House of paper. any beneficial result,” since the 2015 Representatives, et al., No. SC15-813 Source: Tallahassee Democrat ACCESS RECORDS Judge orders Google to release Scott email data SANTA CLARA COUNTY, CA – Andrews wants the information from the paper. Scott claimed releasing the A California judge ordered Google Google to help prove his claim that Scott information would be an invasion of the to release IP addresses and data from attempted to use his email account to email account owners’ privacy and the Florida Gov. Rick Scott’s personal email circumvent Florida’s Public Records privacy of third parties. account and the accounts of two staff Law, according to the paper. Arand noted that the order does not members, according to the Tampa Bay A Tallahassee court had approved a authorize Google to release the content Times. subpoena seeking the information from of the emails, but only the IP address and Santa Clara County Superior Court Google, the paper reported. Additionally, subscriber information for each email, the Judge Mary E. Arand ruled that Scott Circuit Court Judge Charles A. Francis paper reported. could not dismiss attorney Steven R. ordered Scott to stop fighting the request. Scott’s spokesman said his lawyers Andrews’ request for the information In September, Scott filed suit in are reviewing the ruling, according to the from the email accounts, the paper California to prevent Google from paper. reported. releasing the information, according to Source: Tampa Bay Times Charter school suit dropped Florida Virtual LEE COUNTY – A public records The foundation requested a payroll lawsuit filed against the Marco Island transaction from the school last May, the School sues for Charter Academy last year was dropped, paper reported. Former principal George according to the Naples Daily News. Andreozzi never responded to that email, records Citizens Awareness Foundation Inc., claiming he never received the email. The ORLANDO – Florida Virtual School a nonprofit organization, filed a lawsuit foundation then filed a lawsuit, claiming filed a lawsuit claiming its foundation against the school, claiming the school’s the school violated Florida’s Public violated Florida’s Sunshine and Public former principal failed to respond to Records Law, according to the paper. Records laws, according to the Orlando a public records request, the paper The foundation was heavily Sentinel. reported. scrutinized after the Florida Center for Orange Circuit Judge Lisa Munyon Shawn Arnold, attorney for the school, Investigative Reporting published a ordered the foundation to “expeditiously” said the school agreed not to seek legal report last year showing it had filed more turn over all public records to the school, fees from the foundation in exchange for than 140 similar lawsuits across the state the paper reported. The school asked for dismissing the lawsuit, according to the in the past year, the paper reported. records including the foundation’s business paper. Source: Naples Daily News plan, solicitation records, bank statements, meeting minutes and computer hard drives, according to the paper. The school also alleged that the Court upholds campaign law foundation had mismanaged funds raised WASHINGTON, D.C. – The United The Florida Bar subsequently filed to benefit the school, the paper reported. States Supreme Court upheld a Florida a complaint against Williams-Yulee, Florida Virtual School is an online public law that bans judges from asking for claiming she had violated Florida’s school that provides free classes to any campaign money, according to The Code of Judicial Conduct by personally student in the state, according to the paper. Miami Herald. soliciting campaign funds, according The foundation and the school have The court ruled that prohibiting to the opinion. Yulee then filed suit, been arguing over how donations are spent judges from directly soliciting campaign claiming the Bar’s reprimand and fine and the process of appointing foundation funds does not violate violated her First Amendment board members since last year, the paper the First Amendment, rights, the opinion stated. reported. the paper reported. The COURTS “Most states with elected The school claimed that the foundation ruling affects not only Florida, but also judges have determined that drawing removed computer records and refused many of the 39 states where voters elect a line between personal solicitation to provide the school with complete judges. by candidates and solicitation by expenditure records, according to the The ruling stemmed from a Florida committees is necessary to preserve paper. The school also alleges that the case involving Lanell Williams-Yulee’s public confidence in the integrity of the foundation appointed board members bid for a seat as a county court judge in judiciary,” wrote Chief Justice Roberts without authorization and held meetings Hillsborough County, according to the for the majority. “These considered without proper notice or minutes, the paper opinion. During campaigning, Williams- judgments deserve our respect.” reported. Yulee signed a letter announcing her Source: The Miami Herald, Source: Orlando Sentinel, Florida candidacy and asking for contributions, Williams-Yulee v. Florida Bar, No. 13- Virtual School v. The Foundation for the opinion stated. 1499 Florida Virtual School, No. 2015-CA- 002815-O

2 The Brechner Report  June 2015 ACCESS MEETINGS Pension case Officials fined for violation VERO BEACH – Two Indian River according to the paper. may not reach Shores officials were fined for violating Both Barefoot and Haverland insisted Florida’s Sunshine Law, according to that their correspondences were intended settlement Scripps Treasure Coast Newspapers. to help provide the press with information, County Judge David C. Morgan fined the paper reported. JACKSONVILLE – The ongoing Mayor Brian Barefoot and Councilman Florida’s Sunshine Law forbids two or case involving the city of Jacksonville Richard Haverland $200 each and ordered more public officials from discussing any Police and Fire Pension Fund may not go the officials to receive some training on issue that may come before that body for to mediation, according to The Florida Florida’s Sunshine Law, the paper reported. a vote. Times-Union. Barefoot and Haverland both Both officials paid their fines Judge Thomas Beverley ruled in acknowledged they spoke by email immediately, according to the paper. March that the 30-year-old agreement regarding the town of Indian River Shores’ Source: Scripps Treasure Coast between the city and the fund was invalid lawsuit against the city of Vero Beach, Newspapers because it violated Florida’s Sunshine Law, according to the paper. Attorney Bob Dees, who represents Training raises Sunshine questions Curtis Lee and the Concerned Taxpayers WEST PALM BEACH – City officials Attorney General’s Office in Tallahassee of Duval County, said they would like in West Palm Beach met privately to hold to determine whether the training session the pension fund and unions to agree on training on Florida’s open government should be held in public, according to the benefits in public, the paper reported. laws, according to The Palm Beach Post. paper. The Attorney General’s Office said The parties had discussed a potential Many members of the city staff met the training sessions did not need to be settlement once Beverley issued his for three hours in a closed-door training held in public, the paper reported. ruling, but the settlement appeared dead session without notice to the public, the Florida’s Sunshine Law requires nearly when Beverley denied the pension fund’s paper reported. According to staff who all state and local public bodies to meet motion for rehearing, the paper reported. attended, the meeting covered many issues in public. There is no special exemption Dees said any negotiations likely like the Sunshine Law, legal definitions from the law for training sessions, would include not only his clients, the and dealing with the media. Barbara Petersen, president of the First city and the pension fund, but also the City spokesman Elliot Cohen said Amendment Foundation, told the paper. unions, in order to come to an agreement the administration checked with the Source: The Palm Beach Post about pension benefits, according to the paper. Dees said his clients should not be part of those negotiations, however, because only the city and the unions Court rules NSA program illegal have a right to discuss benefits, the paper reported. WASHINGTON, D.C. – A federal whether the program will stop before Source: The Florida Times-Union appeals court ruled the National Security Congress can make a decision about Agency’s bulk collection of Americans’ Section 215, according to the paper. phone records is illegal, according to The court unanimously ruled that The New York Times. Section 215 “cannot bear the weight The U.S. Court of Appeals for the the government asks us to assign to 2nd Circuit found that the section of the it, and that it does not authorize the USA Patriot Act, referred to as Section phone metadata program,” according Brechner Center for Freedom of Information 215, cannot be interpreted to justify the to the opinion. In ruling the collection 3208 Weimer Hall, P.O. Box 118400 College of Journalism and Communications collection of bulk phone records, the program illegal, the court said, “we University of Florida, Gainesville, FL 32611-8400 paper reported. do so comfortably in http://www.brechner.org Section 215 will full understanding that e-mail: [email protected] expire on June 1, and PRIVACY if Congress chooses to Sandra F. Chance, J.D., Exec. Director/Exec. Editor Congress must decide authorize such a far- Sarah Papadelias, Editor whether to end the program, replace reaching and unprecedented program, it Sarah Silberman, Production Coordinator the program, or extend it without any has every opportunity to do so, and to do changes, according to the paper. so unambiguously.” The Brechner Report is published 12 times a This ruling is the first time a The government could appeal the year under the auspices of the University of Florida Foundation. The Brechner Report is a joint effort higher-level court outside of a special ruling to the full 2nd Circuit or to the of The Brechner Center for Freedom of Information, intelligence court has reviewed the Supreme Court, the paper reported. the University of Florida College of Journalism and NSA’s phone records surveillance A White House spokesman said the Communications, the Florida Press Association, the Florida Association of Broadcasters, the Florida program, the paper reported. The ruling government is still reviewing the ruling. Society of Newspaper Editors and the Joseph L. did not include an injunction ordering Source: The New York Times, ACLU Brechner Endowment. the program to stop and it is unclear v. Clapper, No. 14-42

The Brechner Report  June 2015 3 JanuaryJune 2015 2007

Lawmakers quit early, still damaged public records Politicians in Tallahassee bickered about almost person has a reasonable expectation of privacy. everything this year. That’s a lot of video that’s suddenly no longer subject Except when it comes to your constitutional right to to public scrutiny. access public information. And the House did it without any deliberation. The On that, they agree you should have less access. bill (SB248), which was filed in the Senate, was never Lawmakers did a lot of damage to public records this considered by a single House committee. Not a single year. member of the House ordered an analysis of the bill, which They found 13 new ways to limit government is standard protocol. transparency and renewed seven more exemptions to Beth Kassab But it was passed almost unanimously by a vote of Florida’s Sunshine Law. 112-2. If there is one good thing to come from this year’s “The House had to waive its rule to pass that bill,” legislative meltdown, it’s that lawmakers gave up and went home Petersen said. before they could do any more damage. Also passed were broad exemptions for home addresses, “It’s the only thing this Legislature can agree on,” said Barbara telephone numbers and photographs of current or former members Petersen of the First Amendment Foundation. “One of the last of the military who served after Sept. 11, 2001. things the House did before it This bill (HB 185) creates a bureaucratic nightmare for property The quit was pass an exemption.” appraisers, tax collectors, public utilities and any other agency that If House Speaker Steve might keep this information. The bill fails to address how a person’s Back Page Crisafulli had stuck around military service should be confirmed, opening up the door for it to By Beth Kassab instead of stomping off to his be exploited. room like a pouty teenager, the “The burden the exemption will place on records custodians results would have been much worse. will be extreme, requiring them to track thousands (if not tens of Last year the Legislature passed a record number of new thousands) of requests for confidentiality,” wrote Petersen in a letter exemptions to public records. to Gov. Rick Scott asking him to veto the bill. “The cost of access This year they simply didn’t have time. to public records will increase exponentially —redaction costs are So, Mr. Speaker, don’t say I never thanked you for anything. passed along to the requester — as will time delays in accessing Though it’s probably not much consolation, considering the commonly requested public records.” reckless manner in which Crisafulli and his cronies shut down In addition to the administrative headache, there’s no good public access to information. reason for exempting this information. Take, for example, police body cameras. The purported motive is safety. Lawmakers are upset about a list There’s wide agreement that body cameras are good for law of military personnel created by a terrorist group. enforcement agencies because they help reduce complaints and As Petersen points out, that list was created not through a public improve safety. records request, but through information posted on the Internet by Orlando Police Chief John Mina said this week that a study on the U.S. military. his officers’ body cams confirmed just that, and he plans to add 450 But almost anything suffices as an excuse in Tallahassee to shut more of the devices to his department during the next four years. down public information. What makes the cameras so effective is accountability — the And the truly frightening thing is that lawmakers are getting idea that the actions of police officers and those that they are away with it. Sunshine’s best hope appears to lie with the arresting will be on videotape for public scrutiny. Legislature’s inability to function. The Legislature passed a law that broadly exempts lots of those videos from public view: anything shot inside a private residence; Beth Kassab is a columnist at the Orlando Sentinel. This at a health care or social services facility or in a place where a column appeared in the paper on May 6, 2015.