Here we go again. The 2020 session of the Legislature hasn’t even begun and lawmakers are almost tripping over each other as they try to create new and questionable loopholes in Florida’s public records laws.
This is in addition to the 1,122 exemptions already on the books, eroding the public’s right to know despite a constitutional right of access to government information.
This dangerously slippery slope was on full display this week in the Senate, with predictable results. All six members of the Senate Judiciary Committee unquestioningly agreed to a bill (SB 248) to carve a new exemption for the home address, date of birth, phone number, birth date and photo of every county attorney and assistant county attorney in the state. These are public employees paid by us who provide legal advice to local governments. If you might ever need to find one of them after this bill becomes law, you’re out of luck.
“A county attorney or assistant county attorney may be forced to take some action that may place a significant lien on your property. They may take your property,” the bill’s sponsor, Sen. Ed Hooper, a Republican from Clearwater, told senators. He cited instances in which government lawyers needed police protection because of threats from aggrieved citizens, but he provided no details and nobody asked him for any.
Hooper noted that similar exemptions already exist for judges, state attorneys and public defenders and their assistants, and code enforcement officers — in other words, the slippery slope.
A unanimous vote quickly followed despite the fact that Hooper did not cite a single case to justify this exemption. No senator asked him for one. There were no questions and no debate. In an interview, Hooper told the Sun Sentinel that Pasco County Attorney Jeffrey Steinsnyder asked for the bill.
Steinsnyder said alleged code violations in Pasco go before a county court judge. He said upset defendants have been known to leave court and seek the personnel files of county attorneys, who prosecute code cases. He said others in court — sheriff’s deputies and code enforcement officers — have confidentiality, but attorneys don’t.
Lobbyists for Pasco, Broward and Charlotte counties and the Florida Association of Counties urged passage of the bill. No one voiced opposition. County attorneys should not face dangers at work. But if they do, they should be required to provide enough sufficient proof to justify such an exemption.
Senators who voted yes were Republicans David Simmons, of Altamonte Springs, the chairman, and Dennis Baxley, of Ocala, Travis Hutson, of Elkton and Kelli Stargel, of Lakeland. Democrats voting yes were Audrey Gibson, of Jacksonville, and José Javier Rodríguez, of Miami.
The slippery slope is familiar terrain for Hooper. He was the sponsor of a bill that became law in the 2019 session that greatly expanded the legal definition of home addresses under an existing exemption for law enforcement officers. The title insurance industry opposed that bill, saying it could complicate real estate transactions, and it was amended to allow a person to waive confidentiality so the title industry could complete its work.
Another bill awaiting votes (SB 128) would also exempt judicial assistants’ information, and sooner or later, lawmakers will get around to exempting that information for city clerks, receptionists and others. As the slope gets more slippery, it’s a short hop from there to exempting phone numbers of elected officials, too.
Ironically, Hooper himself could legally keep secret his home address, phone number, birth date and photo because he’s a retired firefighter, another group that has an exemption for personal information. But Hooper said it would be wrong for him to enjoy the loophole while holding public office. On that point, we agree.
Steve Bousquet is a Sun Sentinel columnist. Contact him at sbousquet@sunsentinel.com or (850) 567-2240.
