Review: Weak support for open government
State legislators get poor grades for bills, votes on public records, meetings.
WEST PALM BEACH — Half of Florida’s legislators failed or nearly failed ina 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 F’s, 77 D’s, 71 C’s, and B’s.
Each year FSNE completes a project devoted to Sunshine Week, a nationwide initiative to educate the public about the importance
attitudes toward open government.
For example, she said, Sen. Jeff Clemens, D-Atlantis, who of transparent government. is in line to become Senate This year The Palm Beach Democratic leader in 2018, Post joined other FSNE mem“always has something to bers to create a permanent say about open government scoring system to grade legwhen something comes up islators on their introduction on the (Senate) floor.” of bills and their final votes. But, she said, “what we
“As an advocate for open would like to see is more government, the grades of awareness from some legislacourse, are disappointing,” tors, and we’re hoping that’s said Barbara Petersen, presiwhat this project will do.” dent of the First Amendment She said the last bill that Foundation, a nonprofit supimproved access to meetings ported mostly by newspawas pushed three years ago pers and broadcasters. by Sen. Joe Negron, R-Stu
Several lawmakers conart, now Senate president. tacted about their grades And, she said, “We haven’t questioned the concept of seen anything passed by fairly and accurately scorthe Legislature to enhance ing how they addressed and the right of access to pubdecided on open-records lic records since 1995. We bills. did see a couple of bills that
“It’s a little simplistic to would improve access, but think you can reduce this to they didn’t even get a coma mathematical formula. It’s mittee hearing.” a little more complicated,” Some South Florida lawsaid Rep. Rick Roth, R-Welmakers also argued the scorelington, who has a bachecard’s narrow focus on open lor’s degree in mathematgovernment doesn’t leave ics from Emory University, room for considering good
Roth, who was graded a policy.
D-minus, added, “The SunOn HB 111, for example, shine Law is great in prinRepublican; and Kimberly than those in the Senate. “It’s not that hard of a reach ciple, but what it actually Daniels, a Jacksonville Dem- Some of that may be because to say this law will keep othassumes is everybody is a ocrat. of HB 111, which drew nearly ers from being murdered,” crook. Daniels did not person- two dozen sponsors and said Rep. Evan Jenne, D-Da
“I just think it needs a lit- ally return a reporter’s call, co-sponsors in the House. nia Beach, who earned a tle bit of tweaking,” he said. instead providing a preOf the five local legislaC-minus.
Florida’s Legislature estabpared statement that doesn’t tors who drew poor scores: “I realize they (the First lished public records laws directly address her grade Harrell’s office said TuesAmendment Foundation) as early as the early 20th but says that getting the two day she was on vacation are a one-issue, one-note century, created the Govpublic records exemptions all week and could not be organization. But at a certain ernment in the Sunshine passed, as well as four othreached. Magar’s office said point, reality comes crashLaw in the late 1960s, and ers, as a freshman legislashe had no comment. Hager ing in to any philosophy,” in 1992 established a “con- tor, “exceeds more than I and Jacquet did not respond Jenne said. stitutional right of access.” could have imagined accom- to requests for comment And Rep. Shevrin Jones, Because of Florida’s Govern- plishing.” made both by email and by D-West Park, who also earned ment in the Sunshine Law, Local legislators among phone to their Tallahassee a C-minus, said, “It’s not the state’s records and meet- the D-minus recipients: and district offices. that I don’t respect the First ings are more accessible than Roth, and Rep. Gayle HarRoth, of Wellington, Amendment Foundation. It’s in most states. rell, R-Stuart. No area legisdefended his position on that I’m going to do what
But the Legislature has, lators got straight D’s. Three secrecy for the process of ever I can do as a legislator year in and year out, instigot D-plus scores: Reps. Bill hiring public college presito begin to bring justice to tuted, or considered insti- Hager, R-Boca Raton; Al Jacdents, explaining that while individuals who are being tuting, numerous exemp- quet, D-Lantana; and Mary- he’d be OK with making canmurdered senselessly.” tions. The body, on aver- Lynn Magar, R-Tequesta. didates public once there’s of the top four grades age, imposes up to a dozen All five of those legislators a “short list” of finalists, he went to Republican senators a year. voted for HB 351 and HB 843. feared scaring away top-flight from Tampa Bay: Jeff Brandes
Petersen said the recent And all five voted for HB candidates who don’t want of St. Petersburg and Bill Galsession accounted for “a 111, which hides the identifi- their respective college lead- vano of Bradenton. near-record number of new cation of murder witnesses — ership to know they’re shop“Our goal is that there be a exemptions created, but we Harrell co-sponsored it — as ping for a new position. completely transparent and see few bills that actually well as SB which hides On HB 843, dealing with open government,” Brandes would improve access to criminal histories. Those talks between two officials, said. He, along with Rep. Ben either meetings or records.” two bills passed and were Roth said he voted for it — in Diamond, D-St. Petersburg
The 2017 Legislature cresigned by Scott. fact he was a co-sponsor — — who received a B-minus ated 26 exemptions and No legislator earned an but said it probably went too — sponsored legislation that expanded another, then insti- A in the same way the othfar and “I’m glad it failed.” protects court clerks from tuted yet one more exemp- ers got the F’s. Rep. Joseph He said he’d like to see a being sued if they release tion during its special sesGeller, D-Aventura, voted new bill with conditions that confidential information due sion. for government openness in would satisfy opponents — to an error committed by a
Should Gov. Rick Scott six of seven floor votes and such as requiring staff be lawyer involved in a case. approve all of the 28 new earned a B-plus, the same present and notes be taken Current law isn’t clear on exemptions, the grand total grade given to Rep. Lori Berto be made public later. the issue. over the years would be 1,150. man, D-Lantana. He said he supports trying Diamond called HB 843,
The three legislative F’s — Despite his favorable to head off “skullduggery,” the proposal to let two actually F-minuses — were score, Geller is bucking but he said many elected elected officials meet, an assigned to two representafor “at least an A-minus,” bodies now are dominated “existential threat” to open tives from Southwest Flor- pointing out that he so freby staffers who “pretty government in Florida. ida and one from the Jack- quently asks about the First much drive the bus,” and Rep. Chris Latvala, R-Clearsonville area. Amendment Foundation’s since officials can’t talk in water, who earned a D-plus,
The single lowest score position on open govern- advance, “they don’t come supported HB 843. went to Rep. Bob Rommel, ment bills that he said he to the board meeting fully “In the Legislature, we R-Naples, who sponsored “got a pretty bad ribbing informed.” can meet with another legHouse Bill 351, which would about it on the floor from Roth also noted the bill islator one-on-one,” he said, have made secret records other legislators.” to protect crime witnesses “so I thought that the state of public college president Just six Democrats and does require they’re even- government shouldn’t be searches, and House Bill three Republicans earned tually identified, and while treated any differently than 843, which wo u ld have a score of B-minus or bet- he didn’t remember much the local government.” allowed two members of a ter. And 17 Democrats and of SB 118, he saw a desire to government board to meet 63 Republicans drew grades protect the privacy of people privately. Both bills failed. of D-plus or worse. who had committed crimes
Rommel also voted on the For Democrats, the most in the past.
House floor against governcommon grade was a C-miThe First Amendment ment openness in five of nus. Dozens of Republicans Foundation’s Petersen did seven cases. drew C-minus grades, but note that, because the score
Rommel was joined in more got a D-plus. card reflects only votes and drawing an F by Rep. Byron Scores in the House were sponsorship, it might skew
Donalds, another Naples much more likely to be lower perception of legislators’ The scoring system for the Florida Society of News Editors assigns points for a list of critical government openness bills. Legislators get three points for a floor vote, seven points for co-sponsoring a bill and 10 points for sponsoring a bill that’s on the list. Votes against openness lose points; votes for openness gain points. Legislators got a bonus point for communicating with the Florida First Amendment Foundation about the bill. The scores were compared to the session’s most extreme legislator — good or bad — and turned into standard letter grades for comparison. A perfectly neutral legislator would get a C. In 2017, the most extreme good score paled in comparison with the most extreme worst vote, leaving no legislator with an A score but some with F’s.
The scoring system was criticized by high- and lowscoring legislators from both parties and both legislative chambers. Among the criticisms: The scoring system is too simplistic, didn’t consider the right bills, and extremely low-scoring legislators altered the scale in a way that made it all but impossible to get As.