If signed by Florida Gov. Ron DeSantis (R-FL), Senate Bill (SB) 400 would prevent the keepers of public records from suing those who request such records including media reporters and concerned citizens.
Proponents of the bill indicated it would keep agencies from stonewalling the release of public information by dragging expensive cases into court to see if records are confidential or exempted from release.
Pamela C. Marsh, executive director of the Florida First Amendment Foundation, told the Florida Record in some cases government agencies have sought to prevent the release of public records that might cause them embarrassment.
In one case, the City of Orlando pursued legal action against reporters seeking records of 911 emergency calls after a shooting incident at a local tavern. In addition, officials of the South Florida Water Management District sued environmentalists seeking dispute mediation documents.
“This is a very important bill for citizens’ rights to access public records without threat of being hauled into court,” Marsh said. “Declaratory actions delay the release of records and force citizens to hire attorneys to defend their public records request. Senate Bill 400 prevents this tactic and ensures citizens and journalists are not required to go to court to uphold their constitutional right of access.”
Marsh said the right of access to public documents is a right guaranteed to all individuals.
“Not just individuals with the resources and time to defend public records requests,” she said. “Gov. DeSantis has not yet signed the bill into law. A declaratory action was filed against an individual earlier this year. This practice can continue until this critical legislation become law.”
A report in the Florida Phoenix by Michael Moline agreed that SB 400 would repeal a Florida law that currently makes lawsuits to stop the release of public records possible.
“The press and individuals seeking records may be left with costly legal fees even if a court finds that the records are subject to disclosure,” Moline said. “Declaratory actions restrict access to public records to only those with the time and money to defend their public records request.”