THE BRECHNER REPORT

Volume 37, Number 7 A monthly report of mass media law in Published by The Brechner Center for Freedom of Information College of Journalism and Communications University of Florida July 2013 Group requests access to Manning documents WASHINGTON, D.C. – The Center to court martial documents, including fall within that definition, according to the for Constitutional Rights (CCR) filed government filings, the court’s own military court’s order. a lawsuit in the U.S. District Court orders and transcripts of the proceedings, “The federal civilian courts are now our in Baltimore, seeking greater access according to CCR. last option,” said CCR Senior Attorney rights for the public The Court of Appeals for the Shayana Kadidal. “If this lawsuit fails, and press in the court Armed Forces ruled in April Manning’s trial will take place under martial proceedings of COURTS that it did not have jurisdiction conditions where journalists and the public Pfc. Bradley Manning, to hear the appeal filed by a will be unable as a practical matter to according to CCR. coalition of journalists and organizations, follow what is going on in the courtroom.” Manning admitted to leaking 700,000 including CCR. Such a ruling would ensure a verdict will confidential government documents to Interpreting the governing statute be “fundamentally unfair,” Kadidal added, WikiLeaks, according to The New York narrowly, the court ruled that it could according to CCR. Times. only act with “respect to the findings and Sources: Center for Constitutional The lawsuit follows a 3-2 decision by sentence” of the court martial, and that Rights, , Center for a military appeals court to deny access the public and press access rights did not Constitutional Rights v. United States Fla. high court prohibits warrantless data search TALLAHASSEE – The Florida according to the court’s decision. during the 2013 legislative session. These Supreme Court ruled 5-2 that police Justices Charles Canady and Ricky bills were criticized by law enforcement need a search warrant to access Polston dissented, stating that the decision officials, including Pinellas County data stored on an arrested person’s “has the potential to work Sheriff Bob Gualtieri, cellphone. much mischief in Fourth who accused lawmakers Writing for the majority, Chief Amendment law,” which PRIVACY seeking to restrict cellphone Justice Fred Lewis ruled in Smallwood serves to protect citizens searches of protecting drug v. State that “a warrant was required against unreasonable searches and dealers and child pornographers, the before the information, data and content seizures. Times reported. of the cellphone could be accessed The considered Source: Tampa Bay Times, Smallwood and searched by law enforcement,” several bills prohibiting cellphone searches v. State Newspaper files records lawsuit 2013 Legislative over payroll information VOLUSIA COUNTY – The West information, but the county did not have Session Review Volusia Beacon filed suit against a county it, The Beacon reported. In this issue of The Brechner Report, you department for failing to provide public The newspaper’s attorney, Tanner will find our 2013 Legislative Session records. The newspaper made a request Andrews, said that because McDonald Review. Online at Brechner.org, you of McDonald Transit Transit operates and manages will also find: Associates, Inc., operator the county’s public bus system l Our Open Government Pledge, which of Votran, the county’s ACCESS – using county facilities, you can pass on to your elected officials. bus system, for payroll RECORDS county-furnished equipment l Florida lawmakers’ voting records on information on Votran and county-furnished funds, open government issues. officers and directors, according toThe it acts as a county department, and the l Sample public records request letters. Beacon. requested information is subject to l The Citizen’s Guide downloadable Steven Sherrer, Votran’s general the Public Records Law, according to PDF and video. manager, did not respond to the the Beacon. The suit asks the court to l Details on open government request. Volusia County Community compel McDonald Transit to provide the prosecutions in Florida dating back to Service Director Dave Byron said he requested records, the paper reported. 1977. asked McDonald Transit to provide the Source: The West Volusia Beacon ACCESS MEETINGS Group reaches agreement over contract award SARASOTA – The city of press release, the Sarasota Herald- to correct the calculations, the purchasing Sarasota admitted violating Florida’s Tribune reported. department staff called the committee Sunshine Law and entered into an At a public meeting, the evaluation members, who agreed to change the initial agreement with Citizens for Sunshine. committee in charge of awarding the scores, the Herald-Tribune reported. In the agreement, the group voluntarily contract narrowed the list of bidders To correct the problem, Fournier told dismissed its lawsuit over the selection for the project to four companies. The the Herald-Tribune that said Sarasota of a contractor for the $7.3-million State company that was actually awarded the officials held an open meeting to discuss Street public garage project. project, however, was not in the top the changes in contractor rankings. The local group sued Sarasota and four. The city agreed to provide Sunshine Law requested an injunction for an alleged The purchasing department staff training to purchasing department staff and violation of the Open Meetings Law realized after the meeting that one of pay Citizens for Sunshine’s attorney’s fees during the selection process. the bidder’s classification as a Minority and costs, up to $10,692.50. The group also When the group reviewed the score Business Enterprise made it eligible agreed the violation had been cured. sheets ranking the bidders for the for additional points under the city’s Sources: Citizens for Sunshine, Inc. v. garage construction contract, it found scoring criteria, City Attorney Robert City of Sarasota and Evaluation Committee scores were changed and crossed out, Fournier told the Herald-Tribune. for RFP #12-65DB, Sarasota Herald- according to a Citizens for Sunshine Instead of meeting again in public Tribune Threat of litigation cost Sarasota $100K donation SARASOTA – The threat of litigation Sarasota Herald-Tribune. city commission agenda, asking the related to a task force to address The lawsuit was supposed to bar city to accept a $100,000 donation from homelessness cost the city of Sarasota Sarasota from acting on the group’s an anonymous donor and to chip in a $100,000 donation as well as $15,000 recommendation that the city and county another $20,000 to cover the positions in legal fees. A local group, Citizens for hire one full-time and two part-time and supplies, the Herald-Tribune Sunshine, sued the city after meetings caseworkers to help the chronically reported. held by a task force created to address homeless. The group dismissed its contempt homelessness, comprised of public The group later filed a contempt of of court motion once Barwin pulled the officials and service providers, were court motion against City Manager Tom item from the agenda. not publicly noticed, according to the Barwin when he placed a request on the Source: Sarasota Herald-Tribune Lakeland considers public records ordinance LAKELAND – Lakeland City people to make a 50 percent deposit of President of the First Amendment Commissioners discussed a proposed the total costs if the cost to fulfill the Foundation Barbara Petersen says that ordinance at a public meeting that would request is more than $100. the state’s Public Records Law allows change the way public records are “In some cases, the nature of the municipalities to charge for extensive use available. request, by reason of scope or of its resources, according to The Ledger. The ordinance volume, requires extensive use “The fee must be reasonable and would allow the ACCESS of clerical or IT resources to must be based on actual costs incurred,” city to charge RECORDS respond,” said City Attorney Petersen wrote in an email to the people if employees Tim McCausland, The Ledger newspaper. “For personnel expenses, spend more than 30 minutes on a public reported. “The proposed ordinance is the agency can charge no more than the records request, according to The Ledger intended to make those costs uniform hourly rate (including benefits) of the (Lakeland). across the organization so that a lowest paid person capable of performing Although the ordinance does not disc that is provided in one office is the task.” detail a specific fee, it would require charged at the same rate as another.” Source: The Ledger (Lakeland) School board approves records settlement MARTIN COUNTY – The Martin members made an unannounced visit to According to the Attorney General’s County School Board unanimously a school, following several complaints Government-in-the-Sunshine Manual, approved a settlement, ending a lawsuit about the school’s operation, according to Sunshine Law requires open meetings with stemming from an alleged violation of the Stuart News. “prior notice when two or more members the state’s Public Records Law. In January, the 4th District Court of of the same elected or appointed public In a 4-0 vote, the board approved Appeal in Palm Beach ruled that the board or commission meet to discuss or take a $20,000 settlement to the Sarasota- board members violated the law but later action on any matter which may foreseeably based nonprofit advocacy group Citizens “cured” the violation by discussing and come before them in their official capacity,” for Sunshine. The group filed a lawsuit taking action on adult education issues at according to the News. against the board after three board public meetings, the News reported. Source: Stuart News

 2 The Brechner Report July 2013 2013 LEGISLATIVE REVIEW TALLAHASSEE – The following is Records Law for proprietary confidential under the False Claims Act, extending a summary of bills pertaining to public business information held by an electric the exemption until the investigation is records and open meetings introduced utility in conjunction with the utility’s due complete or ceases to be active. Rep. Dana during the 2013 legislative session. Chief diligence review of an electric project or Young (R-Tampa). Approved by Gov. Scott sponsors of the bills are indicated in a project to improve the delivery, cost, or June 3, 2013. italics. diversification of fuel or renewable energy Copies of the legislation in full are resources; stipulates that all proprietary CS/HB 1327 Criminal History – available at the Florida Legislature’s confidential business information must be Human Trafficking Victims:Exempts website (www.leg.state.fl.us). retained for one year upon completion of from public records requirements the SB=Senate Bill; HB=House Bill; the due diligence review and the electric criminal history records of victims of CS=Committee Substitute utility has decided whether to participate human trafficking if those records have in the project. Rep. W. Travis Cummings been expunged by a court order, allowing (R-Orange Park). Approved by Gov. Scott access to such records only under certain The following 12 bills create new June 7, 2013. specified conditions. Rep. Ross Spano (R- exemptions to the state Public Records and Riverview). Approved by Gov. Scott May Open Meetings laws. CS/HB 731 Names of Spouses and 30, 2013. Children: Exempts from public records CS/SB 4 Ethics – Written Referrals: requirements the names of spouses SB 1850 Citizens Property Insurance Creates a public records exemption for and children of active or former law – Proprietary Business Information: written referrals and related records held enforcement personnel and correctional Creates an exemption from public records by the Ethics Commission, the Governor, probation officers, state attorneys, assistant requirements for proprietary business FDLE, or state attorneys as well as records state attorneys, statewide prosecutors and information provided by an insurer to relating to preliminary investigations of assistant statewide prosecutors, as well Citizens Property Insurance Corporation’s such referrals held by the Commission; as the names of spouses and children of clearinghouse and related to identifying creates an exemption from public meetings certain personnel of the Department of and selecting risks, stipulating that access requirements for portions of Commission Children and Families, Department of to such records should only be provided proceedings at which referrals are Health and the Department of Revenue. under certain circumstances. S. Banking discussed or acted upon, stipulating that Rep. Dave Kerner (D-Palm Springs). and Insurance Committee. Approved by the exemptions apply until the complaint Approved by Gov. Scott June 28, 2013. Gov. Scott May 29, 2013. is dismissed as legally insufficient, the subject of the referral requests that the CS/HB 1075 Complaints of Employee HB 7089 School Lunch Program: records be made public, the Commission Misconduct: Creates an new exemption Exempts from public records requirements determines it will not investigate the from Public Records Law for a complaint the personal identifying information of a referral, or when probable cause is of misconduct filed with an agency against school food and nutrition service program determined. S. Ethics and Election an agency employee as well as for all applicant or participant held by the Subcommittee. Approved by Gov. Scott information obtained by the agency while Department of Agriculture and Consumer May 15, 2013. investigating the complaint, extending Services, the Department of Children and until the investigation ceases to be active Families, or the Department of Education. CS/HB 249 Voter Email Address: or until the agency provides the employee H. Agriculture and Natural Resources Exempts from public records requirements with written notice of the investigation’s Subcommittee. Approved by Gov. Scott the email addresses of voter registration conclusion. Rep. Ricardo Rangel June 14, 2013. applicants or voters held by an agency, (D-Kissimmee). Approved by Gov. Scott for the purpose of voter registration. Rep. June 28, 2013. CS/HB 7135 Financial Regulation Bryan Nelson (R-Apopka). Vetoed by Gov. Payments: Creates a public records Scott June 14, 2013. CS/HB 1085 Natural Gas Storage exemption for payment transaction – Proprietary Business Information: information, contained in the database CS/HB 361 Criminal Justice Creates an exemption from Public Records held by the Office of Financial Regulation, Commissions: Creates a new exemption Law for proprietary business information that identifies a licensee, payor, payee or from public meetings requirements for held by the Department of Environmental conductor. H. Insurance and Banking portions of a duly constituted criminal Protection (DEP) if the information was Subcommittee. Approved by Gov. Scott justice commission meeting during which provided in an application for a natural June 7, 2013. commissioners discuss active criminal gas storage facility permit to inject into or intelligence or active investigative recover gas from a storage reservoir. Rep. The following 10 open government bills information if the information is being Dane Eagle (R-Cape Coral). Approved by were passed in 2013 but do not create considered by the commission or may Gov. Scott June 14, 2013. exemptions. foreseeably come before the commission. Rep. Dave Kerner (D-Palm Springs). HB 1297 False Claims Act CS/SB 2 Ethics – Public Records Approved by Gov. Scott June 14, 2013. Investigations: Creates a new exemption Training/Complaint Disclosure: for complaints and information held by Requires constitutional officers such as CS/HB 649 Electric Utility – the Department of Legal Affairs during the Governor, the Lieutenant Governor, Proprietary Business Information: an investigation of a potential violation the Attorney General, the Chief Financial Creates an exemption from Public related to false claims against the state Officer, the Commissioner of Agriculture, The Brechner Report  July 2013 3 LEGISLATION CONTINUED state attorneys, public defenders, sheriffs, requires OED to publish contracts or Office of the Governor (EOG) to create tax collectors, property appraisers, agreements and reports of findings and and maintain a website providing access supervisors of elections, clerks of the recommendations regarding the business’s to information relating to the approved circuit court, county commissioners, failure to complete a tax refund agreement, operating budget for each branch of state district school board members, and subject to a qualified target industry government and all state agencies; and to superintendents of schools to receive business refund program. Sen. Andy create and maintain a website providing mandatory annual training in Open Gardiner (R-Orlando). Approved by Gov. information relating to fiscal planning Records and Open Meetings law; Scott May 20, 2013. for the state; requires the Department of requires the Ethics Commission to make Management Services (DMS) to create financial disclosure forms available CS/SB 556 Clerks of Court/Records: and maintain a website providing current through a searchable public website; Implements specific requirements for the information relating to employees or amends Public Records Law to prevent storage of papers and electronic filings; officers of a state agency, a state university, the disclosure of an ethics complaint or authorizes a clerk of the court to provide or the State Board of Administration; referral within 30 days of an election, access to requested public records in an requires the Chief Financial Officer (CFO) unless the complaint or referral is based electronic format under certain conditions; to create and maintain a contract tracking on personal information or information requires the clerk to provide access to system available to the public through other than hearsay. S. Ethics and Elections requested public records without charge to a secure website, stipulating that state Subcommittee. Approved by Gov. Scott certain persons, including a state attorney agencies must post specified information May 1, 2013. or a public defender. Sen. Jeremy Ring to the tracking system within 30 days of (D-Margate). Approved by Gov. Scott executing a contract; creates the User CS/SB 50 Public Meetings/Right to June 5, 2013. Experience Task Force to develop and Speak: Requires that a member of the recommend a design for consolidating public be given a reasonable opportunity CS/SB 674 Animal Shelter Records: existing state-managed transparency to be heard by a board or commission Requires public or private animal shelters, websites into a single website. H. prior to it taking action on a item before humane organizations, or animal control Government Operations Subcommittee. the board or commission, subject to agencies to create and maintain records Approved by Gov. Scott May 20, 2013. reasonable conduct rules, stipulating relating to the intake and disposition of that the right to speak would not apply animals; provides that the records for three CS/HB 7007 Economic Development: to certain situations, such as an official preceding years be made publicly available Establishes the Economic Development act related to an emergency situation, a for inspection, pursuant to Public Records Programs Evaluation, revising the date ministerial act, any meeting exempt from Law. Sen. Bill Montford (D-Tallahassee). by which the Department Economic Open Meetings Law, and quasi-judicial Approved by Gov. Scott April 24, 2013. Opportunity (DEO) must submit a report meetings. Sen. Joe Negron (R-Palm City). on the climate of business and economic Approved by Gov. Scott June 28, 2013. HB 725 Exemption/Child Abuse development throughout the state and Death Review Committees: Eliminates requiring the DEO to publish specific CS/HB 85 Public-Private requirements that closed portions of a information on its website related to Partnerships: Creates the Public Facilities State Children Abuse Death Review the state’s investment in economic and Infrastructure Act Guidelines Task Committee meeting or a local committee development programs; amends statute Force to recommend guidelines for the at which specified identifying information to create a second-degree misdemeanor legislature to consider in the creation of a is discussed be recorded, that no portion penalty for any person who receives uniform process for establishing public- of such closed meeting be off record and exempt unemployment compensation private partnerships; provides for the study that recording be maintained by state information. H. Economic Development of current exemptions from public records committee or local committee. Rep. Gayle and Tourism Subcommittee. Approved by and public meetings requirements by the Harrell (R-Port St. Lucie). Vetoed by Gov. Gov. Scott May 17, 2013. Task Force and evaluation of whether Scott June 12, 2013. changes to existing law are necessary or The following five exemptions were if new exemptions should be created to CS/HB 1309 Procurement of re-enacted in 2013 under the Open maintain the confidentiality of financial Commodities and Contractual Services: Government Sunset Review Act (OGSR), and proprietary information received as Requires all public agency service which requires review of exemptions every part of an unsolicited bid proposal for a contracts include certain provisions five years. public private-partnership. Rep. Greg stipulating the public agency will enforce Steube (R-Sarasota). Approved by Gov. contract provisions if the contractor does SB 452 Organ and Tissue Registry – Scott June 17, 2013. not comply with Public Records Law; Donor Information: Reenacts, with minor requires state agencies to designate a change, the public records exemption CS/SB 406 Economic Development grants manager for each agreement and protecting organ and tissue donor Program Evaluation: Requires the Office the Chief Financial Officer to perform identities. S. Health Policy Committee. of Economic Development (OED) to audits of the agreements. H. Government Approved by Gov. Scott May 30, 2013. maintain a website, searchable and open Operations Subcommittee. Approved by to the public, for the purpose of posting Gov. Scott June 7, 2013. CS/SB 1768 Personal Information information on Economic Development – Paratransit Services: Reenacts the Program Evaluation and the Economic HB 5401 Transparency in State public records exemptions for personal Incentive Program Evaluation projects; Contracting: Requires the Executive continued on pg. 5 4 The Brechner Report  July 2013 FREEDOM OF INFORMATION Top officials 2013 LEGISLATION CONTINUED identifying information of paratransit CS/SB 1014 and HB 1185 Exemption/ use secret services recipients or applicants. S. Participants in Drug Court Treatment Transportation Committee. Approved Programs email accounts by Gov. Scott May 30, 2013. HB 1311 Exemption/ Donors – DMS WASHINGTON, D.C. – Top Direct Support-Organization officials in President Barack Obama’s HB 7079 Agency Employees – CS/HB 121 and HB 670 DEO Website administration use secret government Victims of Domestic Violence or CS/HB 563 and CS/SB 572 Reporting email accounts, although the exact Sexual Violence: Reenacts, with minor Requirements/Economic Development number is unknown, according to a revision, the public records exemption Programs review by The . for personal identifying information HB 287, HB 381 and SB 652 Exemption/ White House spokesman Jay contained in records submitted to Ethics Referrals Carney defended the use of accounts the agency by an agency employee HB 297 Exemption/Ethics – Legal by senior U.S. officials as a “traditional documenting acts of domestic or sexual Sufficiency practice across government and by violence. H. Government Operations HB 403 and SB 1152 Exemption/Bidder previous administrations,” adding that Subcommittee. Approved by Gov. Scott Financial Statements the accounts aren’t secret because June 14, 2013. HB 1261 Transparency/State Contracting their contents fall under congressional SB 1764 Transparency in Government oversight and the Freedom of HB 7143 Donors – Department of Spending Information Act (FOIA), The AP Veterans Affairs: Saves from scheduled SB 1886 Exemption/Bodily Injury reported. Most U.S. agencies failed to repeal the public records exemption for Liability turn over lists of political appointees’ the identity of donors or prospective SB 1848 Exemption/Inspector General – email addresses, following a FOIA donors to the Department of Veterans Citizens Property Insurance request filed byThe AP more than Affairs direct support organization; also SB 1214 Exemption/Medical Use of three months ago. The AP filed the exempts those portions of meetings Marijuana request following last year’s disclosure at which the donor’s identity is SB 1486 Exemption/Mental Health that the former administrator of the discussed. H. Government Operations Records – Firearms Environmental Protection Agency used Subcommittee. Approved by Gov. Scott HB 173 and SB 462 Death Certificates separate email accounts at work. May 30, 2013. SB 1066 and HB 1115 Exemption/Dental The practice of using secret Workforce Surveys email accounts “complicate[s] HB 7145 Investigations – CS/HB 1333 and SB 1424 Exemption/ an agency’s legal responsibilities Employment Discrimination Driver Toll Information to find and turn over emails in Complaints: Reenacts, with minor CS/HB 745 and SB 1776 Exemption/ response to congressional or internal change, an exemption from Public Fracturing Chemical Usage Disclosure Act – investigations, civil lawsuits or public Records Law for all agency employment Trade Secrets records requests because employees discrimination complaints and records CS/HB 823 and CS/SB 834 Exemption/ assigned to compile such responses until a finding regarding probable cause Insurance Solvency – Proprietary Business would necessarily need to know is made, the complaint investigation Information about the accounts to search them,” becomes inactive or becomes part SB 1606 and HB 7095 Exemption/ according to The AP. of the official record of a hearing or Citizens Property Insurance – Proprietary Source: The Associated Press court proceeding; allows access to Business Information such complaints or records under CS/SB 60 and CS/HB 529 Exemption/ certain circumstances. H. Government DOH – Home Addresses Operations Subcommittee. Approved by CS/SB 1004 and HB 1133 Inventory of Gov. Scott June 14, 2013. Public Data CS/HB 127 and CS/SB 134 Meetings/ Brechner Center for Freedom of Information The following bills were introduced in School Boards 3208 Weimer Hall, P.O. Box 118400 College of Journalism and Communications the 2013 session but were not passed. SB 800 and HB 991 Exemption/School University of Florida, Gainesville, FL 32611-8400 After-Drill Reports http://www.brechner.org HB 839 and CS/SB 872 CS/SB 878 and CS/HB 7027 Education e-mail: [email protected] Transparency/Animal Shelters Accountability Sandra F. Chance, J.D., Exec. Director/Exec. Editor CS/HB 359 and CS/SB 1276 SB 1656 Exemption/School Safety Kara Carnley Murrhee., Editor Alana Kolifrath, Production Coordinator Exemption/University DSOs Marshals The Brechner Report is published 12 times a CS/HB 637 Exemption/College and HB 7161 Exemption/Student Learning year under the auspices of the University of Florida University Executive Search Committees Growth Data Foundation. The Brechner Report is a joint effort SB 610 and CS/HB 943 Exemption/ of The Brechner Center for Freedom of Information, Settlements on Behalf of Minors the University of Florida College of Journalism and Sources: First Amendment Foundation Communications, the Florida Press Association, SB 542 Exemption/Human (http://www.floridafaf.org), the Florida Association of Broadcasters, the Florida Trafficking Victims (http://www.flsenate.gov), Florida House of Society of News Editors and the Joseph L. Brechner CS/SB 824 and HB 1183 Exemption/ Representatives (http://www.myfloridahouse. Endowment. Forensic Behavioral Health Evaluations gov) The Brechner Report  July 2013 5 JanuaryJuly 2013 2007

Legislature passes several good open government bills The 2013 legislative session was typical in many provisions scattered throughout the Public Records Law respects – too many bills filed creating new exemptions that criminalize the intentional release of exempt public – exceptions – to our constitutional right of access, records, but CS/HB 7007 criminalizes the receipt of which moved through the legislative process with too such information, even if unintentional. This is patently little consideration or debate. Ultimately, the Legislature unconstitutional, and although the problematic language approved a dozen new exemptions, the largest number of was brought to the attention of the bill’s sponsors, it new exemptions since 2007. Governor vetoed wasn’t corrected. one of those exemptions, but this now brings the total The 2013 session was unusual in the fact that a exemptions to the Public Records and Open Meetings number of good open government bills passed, including laws to well more than 1,000. In contrast, there were Barbara a few that increase government transparency. The about 250 exemptions in 1985. Petersen CS/HB 5401 requires creation of a website providing The majority of the newly approved exemptions are relatively information relating to the approved operating budget for each minor, and many protect proprietary confidential business branch of state government and all state agencies, and authorizes information of one type or another. The good news is that some the Chief Financial Officer to create and maintain a contract of the worst proposals never made it out of committee, and tracking system. Although the legislation doesn’t provide the those that did were amended and same level of transparency as Spider Data’s Transparency 2.0 The narrowed. For example, HB 249, website scrapped by the Senate last winter, the bill creates the User Back Page as introduced, would have created Experience Task Force to develop and recommend a design for By Barbara Petersen a public records exemption for the consolidating existing state-managed transparency websites into a email addresses of all registered single website, which will be available to the public. voters held by any agency. The impact of this exemption would Senate President Don Gaetz, with the approval of Speaker have been huge– all registered voter emails held by any agency; Weatherford, tacked on an amendment to CS/HB 1309 that could fees for copies of public record emails would rise dramatically, significantly improve access to government contractor records. and the delays would be inordinate as agency custodians tried to Effective July 1, all agency contracts for services provided by a determine who was a registered voter and which email addresses private entity must contain language requiring the contractor to would need to be redacted. Fortunately, the bill was amended on comply with Florida’s Public Records Law. That’s really just the House floor to protect only email addresses of registered voters a codification of current law, but what’s new is the requirement or voter applicants obtained for the purpose of voter registration; that the contracting public agency must enforce the contractual but regardless of that fact, it was vetoed by Gov. Scott. obligation, relieving the requestor of the burden of enforcing One of the most controversial bills passed during the 2013 compliance. session seemingly had little to do with open government. CS/HB Arguably one of the most important good government bills 7007, relating to economic development, turned into one of those passed – CS/SB 50, the right to speak bill – is, at this writing, “trains” with all sorts of extraneous amendments tacked on in the still waiting for the Governor’s signature. This bill, guaranteeing final hours of the session, including one of Gov. Scott’s priorities, citizens a reasonable opportunity to be heard at public meetings, a tax exemption for manufacturing equipment. This exemption was filed for the first time three years ago in response to a 1st had been the source of much controversy, some claiming that District Court of Appeal’s decision in which the court held because of the sales tax exemption, CS/HB 7007 required a Florida’s Sunshine Law did not allow citizens a right to speak. two-thirds vote to pass. Though the final House vote fell short of Similar legislation (CS/SB 206) was approved unanimously by the two-thirds, 68/48, House Speaker Will Weatherford declared the Senate in 2012, but was blocked in the House. In contrast, CS/SB bill passed, and Gov. Scott has since signed it into law. Of concern 50 passed out of the Senate unanimously and was approved by the to open government advocates, however, is language on page House by a final vote of 113/2. 82 of the 102-page bill that makes it a crime to receive exempt Barbara Petersen is the president of the First Amendment unemployment compensation information. There are a number of Foundation, a non-profit organization based in Tallahassee, Fla.