Potential new laws further curb Floridians' right to government in the Sunshine

A nonprofit says legislators pass 17 new exemptions to the Sunshine Law.
The Legislature passed 17 new exemptions to the Sunshine Law, according to a tally by the First Amendment Foundation. SCOTT KEELER   |   Times
The Legislature passed 17 new exemptions to the Sunshine Law, according to a tally by the First Amendment Foundation.SCOTT KEELER | Times
Published May 23 2017

TALLAHASSEE — From temporarily shielding the identities of murder witnesses to permanently sealing millions of criminal and arrest records, state lawmakers did more this spring than they have in all but one of the past 22 years to chip away at Floridians' constitutional guarantees to access government records and observe meetings of their elected officials.

The Legislature passed 17 new provisions — and reauthorized six others — that create carve-outs in the state's Sunshine Law, according to a tally by the First Amendment Foundation, a nonprofit organization that advocates for transparency in government and has annually tracked Sunshine-related legislation.

The number of exemptions this year is the second-most since 1995 — five fewer than the record 22 exemptions lawmakers passed in 2014, said Barbara Petersen, president of the foundation, of which the Tampa Bay Times and Miami Herald are members.

"Every exemption that's created is an exception to the Florida Constitution," Petersen said, calling the trend "very disturbing."

Consistent with past years, all of this year's new exemptions passed both chambers on unanimous or near-unanimous votes. Many still await approval from Gov. Rick Scott on whether they should become law.

"It seems in this Legislature, they can't agree on medical marijuana, they can't agree on major issues — but they can agree on impeding the public's right to oversight," Petersen said.

Among the new exemptions approved, SB 118 could virtually eliminate Floridians' access to many individuals' criminal histories.

If Scott signs it into law, it would require clerks to seal more than 2.7 million criminal records and hundreds of thousands of arrest records for individuals who were found not guilty, acquitted at trial, had charges against them dropped or dismissed, or weren't charged after being arrested.

Bill sponsor and Sarasota Republican Sen. Greg Steube said the proposal would remove a stigma for people who aren't convicted in a court of law, but the First Amendment Foundation wants Scott to veto it on the grounds that it "constitutes a significant threat to the public safety."

Scott has already signed one major exemption into law this spring, among a few others he's also signed — HB 111, which prevents murder witnesses' identities from being released in public records for two years after the crime.

The new law, effective July 1, was propelled and lauded by Miami-Dade lawmakers and residents. They hope it will encourage witnesses to speak up and help curb unsolved murders in the county, many of which stem from neighborhood gun violence.

The high number of exemptions this year came in a session when House Speaker Richard Corcoran, R-Land O'Lakes, set high expectations by pledging to "set a record for openness and transparency."

Many observers, including Petersen, say Corcoran failed to live up to that promise, because budget negotiations were shrouded in secrecy and the House, in particular, advanced several highly consequential Sunshine exemptions that — although many didn't pass — sought to gut the spirit of the Constitution's open government guarantees.

One unsuccessful far-reaching exemption would have let two local elected officials meet in secret about government business without having to let the public know or having to disclose what they discussed. HB 843 made it to the House floor, where it failed in an unprecedented outcome.

The vote marked the first time lawmakers rejected a Sunshine exemption since a higher threshold for approving them was passed by voters 15 years ago.

When it came to the new Sunshine exemptions approved this year, spokesman Fred Piccolo said Corcoran "believes in common sense."

"A large number of the exemptions that passed simply related to protecting the health and safety of the public," Piccolo said. "Such things as: keeping confidential the information of an unborn child who is lost before birth, protecting the ID of a witness to a murder or the ID of a victim of sexual harassment."

Contact Kristen M. Clark at kclark@miamherald.com. Follow @ByKristenMClark

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