A settlement between the Florida Department of Health and a former state legislator over the release of detailed COVID-19 data will cost state taxpayers more than $150,000 in legal fees, according to the terms of the agreement.
The former Democratic state representative, Carlos Guillermo Smith, and the Florida Center for Government Accountability filed the lawsuit in state court in 2021, arguing in the Second Judicial Circuit Court in Leon County that the department should timely report COVID-19 data at the county level.
In an agreement published earlier this month, the department agreed to provide the coronavirus data – including vaccination counts, case counts and death counts, all aggregated weekly by county, age group, gender and race. In return, the plaintiffs agreed not to bring further claims against the department alleging COVID-19 data is inadequate.
“The department lied about the existence of these public records in court and did everything to restrict information and downplay the threat of COVID even while the Delta variant ripped through Florida – a decision that cost many lives,” Smith said in a prepared statement.
In a statement published on X, formerly Twitter, the Department of Health characterized the dispute being about health data formatting. COVID-19 data was not withheld illegally, and the court did not mandate the department to release “restricted” information, according to the department. A department spokesman also called statements by Smith, a candidate for the state Senate, a "political stunt."
“It is unfortunate that we have continued to waste government resources arguing over the formatting of data with armchair epidemiologists that have zero training or expertise,” the department’s statement says.
Michael Barfield, the director of public access initiatives for the Florida Center for Government Accountability, said the settlement is a win for both transparency and accountability.
“Going forward, the release of this information will inform Florida citizens of the prevalence of COVID-19 in their communities,” Barfield told the Florida Record in an email. “Citizens can then exercise individual freedom to make decisions about the risks.”
He also took issue with the department’s characterization of the plaintiffs’ actions.
“The political stunt was hiding records that the department claimed in writing did not exist for two years,” Barfield said. “The waste of resources was then having to use taxpayer money to pay legal fees ordered by the appellate court.”
He noted that a total of four judges disagreed with the Department of Health’s position in the litigation.
“It seems to us that the department must have had some reason why it chose to deny that this info existed and then fought for more than two years to prevent its release,” Barfield said. “Otherwise, it would seem to be a significant waste of resources that makes no sense.”
The terms of the settlement should not be interpreted as an admission of wrongdoing or a violation of the law by any party in the case, the settlement states.
Under the agreement’s provisions, the department will pay the plaintiffs’ legal fees, amounting to $152,500.
“While some individuals may continue to grapple for political relevance, we will continue serving Floridians by executing our mission of protecting, promoting and improving the health of all people in Florida,” the department said in its statement.