Orlando Sentinel

Legislator­s graded on open records

- By Eliot Kleinberg and Mike Stucka

WEST PALM BEACH — Half of Florida’s legislator­s failed or nearly failed in a review of their support for public records and meetings given by Florida newspapers and an open-government group after this year’s legislativ­e sessions.

In a “scorecard” produced by the Florida Society of News Editors and based on informatio­n provided by Florida’s First Amendment Foundation — which tracked a priority list of public records exemptions — the 160 legislator­s totaled three Fs, 77 Ds, 71 Cs, and 9 Bs.

Each year, FSNE completes a project devoted to Sunshine Week, a nationwide initiative to educate the public about the importance of transparen­t government. This year, FSNE members created a scoring system to grade legislator­s on their introducti­on of bills and their final votes.

“As an advocate for open government, the grades of course, are disappoint­ing,” said Barbara Petersen, president of the First Amendment Foundation, a nonprofit supported mostly by newspapers and broadcaste­rs.

Several lawmakers contacted about their grades questioned the concept of fairly and accurately scoring how they addressed and decided on open records bills.

“It’s a little simplistic to think you can reduce this to a mathematic­al formula. It’s a little more complicate­d,” said Rep. Rick Roth, R-Wellington, who has a bachelor’s degree in mathematic­s from Emory University,

Florida’s Legislatur­e created the Government in the Sunshine Law in the late 1960s, and in 1992, establishe­d a “constituti­onal right of access.” Because of Florida’s Government in the Sunshine Law, the state’s, records and meetings are more accessible than in most states. But the Legislatur­e has, year in and year out, instituted, or considered institutin­g, numerous exemptions. The body, on average, imposes up to a dozen a year.

Petersen said the recent session accounted for “a near record number of new exemptions created, but we see few bills that actually would improve access to either meetings or records.”

The three legislativ­e Fs — actually F-minuses — were assigned to Rep. Bob Rommel, R-Naples; Rep. Byron Donalds, R-Naples Republican; and Kimberly Daniels, D-Jacksonvil­le.

Just six Democrats and three Republican­s earned a score of Bminus or better. And 17 Democrats and 63 Republican­s drew grades of D-plus or worse.

Scores in the House were much more likely to be lower than those in the Senate. Some of that may be because of HB 111, which drew nearly two dozen sponsors and co-sponsors in the House. The bill, which hides informatio­n about witnesses to murders, was signed by Scott in May.

Fred Piccolo, a spokesman for House Speaker Richard Corcoran, R-Lutz — who scored a Dplus — called inclusion of HB 111, the witness-identity bill, in the scorecard “just plain silly.”

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