Jacob Ogles
Sen. Ray Rodrigues has filed legislation to block Florida governments from suing individuals making public records request.
One of the Estero Republican’s first bills since moving to the upper chamber, Rodrigues will carry the bill (SB 400) after supporting similar proposals in the House for years.
“No citizen should be sued for exercising a constitutionally protected right,” said Rodrigues.
The tactic has seen increasing use in recent years, including by water management districts questioning the validity of requests. The South Florida Water Management District, in Rodrigues’ backyard, became a frequent culprit, sending subpoenas to those seeking records and demanding they prove in a court of law that information is subject to public records requests in the first place.
Since drawing fire for employing pushback on requests, Gov. Ron DeSantis called for the resignations of the entire South Florida Water Management District and replaced all members.
Rodrigues has fought the process for years, previously filing a prohibition on “Revenge Freedom of Information” and getting the bill passed in the House. Sen. Keith Perry, a Gainesville Republican, has carried similar legislation in the Senate, but it’s never made it to a floor vote. Now Perry and Rodrigues work in the same chamber, and Rodrigues will champion the bill in the Senate in 2021.
The League of Cities has long voiced concern about the legislation, even as public records advocates push for the bill.
For Rodrigues, it’s a matter of stopping a disruption in a tried and true process with records. There are certainly government documents not subject to public requests, but since the 1960s Florida has mostly settled disputes about that the same way. Citizens request records, and if governments feel an exemption shields the record from release, officials deny a request and cite a statute. If citizens disagree with that assessment, they can take the government to court.
Florida law, in fact, includes a provision calling for governments, if they lose such cases, to cover citizens’ attorney fees to make them whole. But suing before responding to requests disrupts the process, and can leave citizens with legal bills even if the courts ultimately decide records must be released.
“If you look at government in the Sunshine, Florida is the leader nationally,” Rodrigues said, and he wants that reputation preserved.
