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Bring back the sunshine: Florida's public records crisis demands action

Bring back the sunshine: Florida's public records crisis demands action

Miami Herald13-03-2025

For almost two years, state insurance regulators sat on a report showing that property insurance companies were raking in billions — even as they lobbied the Florida Legislature for financial relief.
Instead of making that information public, officials buried records requests until long after lawmakers approved massive industry bailout packages. When journalists finally exposed the truth recently, legislators were outraged and demanded answers from the insurance industry.
But where is the outrage over the government's role in concealing this information? While lawmakers rail against insurers, few seem troubled that state officials deliberately withheld a report that Floridians had a legal right to see.
The sad truth? This wasn't an anomaly — it's the new normal.
Floridians have a constitutional right to access public records, but in practice, that right has been all but gutted. Agencies routinely ignore requests, impose exorbitant fees and delay responses indefinitely. As secrecy spreads, government officials operate with less oversight.
This isn't a partisan issue. Transparency is a foundation of good government, whether you lean Democrat, Republican or somewhere in between. Floridians deserves to know how their tax dollars are spent, how decisions are made and what their leaders are doing behind closed doors.
It wasn't always this way. Florida once set the gold standard for open government. Our Sunshine Laws were the envy of the nation — a model for accountability, transparency and public access.
These laws were never mere suggestions; they were designed to keep government honest and ensure the public's right to know. Yet today, state agencies — led by the Governor's Office —increasingly treat compliance as optional. Delay, deny, ignore — this is the new playbook for blocking access to information.
This obstruction isn't just frustrating — it's illegal. Chapter 119 of Florida Statutes requires officials to provide public records in a timely manner. But delays that once lasted weeks now stretch into months or even years. The government's attitude seems to be: If you want these records, sue us.
Meanwhile, lawmakers act as if nothing is amiss. There are now more than 1,200 exemptions to Florida's public records laws on the books. During this 2025 Legislative session alone, more than 130 bills have been filed that would restrict public access or weaken government accountability.
The impact is clear: A 2024 study from the Joseph L. Brechner Freedom of Information Project at the University of Florida confirms what transparency advocates already knew — Florida is no longer a leader in open government.The state now ranks 31st in the nation for compliance with public records laws.
But as we mark Sunshine Week, March 16-20, a time to celebrate government transparency, there is reason for hope. A new bill — Senate Bill 1434, sponsored by Sen. Darryl Rouson (D-Tampa) — would force agencies to stop stonewalling the public. It's one of the few bright spots in this year's legislative session — a rare, meaningful effort to restore government accountability.
If passed, SB 1434 would:
Require agencies to acknowledge public records requests within three business days..Prohibit agencies from charging fees when they fail to respond in a timely manner.Impose penalties on those who ignore or obstruct public records requests.
The bill represents one of the strongest attempts in years to fix Florida's dysfunctional public records system. Yet SB 1434 is far from guaranteed. It currently lacks a House companion bill and faces an uphill battle in Tallahassee. The fact that it's even on the table is a step in the right direction — but it won't pass without public pressure.
So, this Sunshine Week, take action. Whether you care about the water quality, how your child's school is funded or what's happening with that vacant lot downtown, make a public record request— your right to know is at stake.
Speak out. Call, email and write your state representatives. Demand they support SB 1434 and take a stand for transparency. The information our government holds does not belong to politicians — it belongs to you.
Let's fight to bring the sunshine back to Florida.
Bobby Block is executive director of the First Amendment Foundation, a nonprofit organization established in 1985 to protect and advance the rights of free expression, protest and the press, as well as to promote open government and access to public records. Visit www.floridafaf.org

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