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Public Records Law Suits Under Attack

January 20th, 2016 by Mike Vasilinda

State lawmakers moved forward today with a plan to make it harder to win attorneys fees if citizens have to sue to get public records. But as Mike Vasilinda tells us, public records advocates say lawmakers are using a sledge hammer to fix a minor abuse.

A handful of questionable law firms appear to be milking Florida’s cities and counties with lawsuits over hundreds of public record requests. Robert Granger,Vice Mayor of GulfStream, population 1000 in Palm Beach County says it spent a million dollars responding last year.

“So you might get 25 one day. 25 the next day. A coupe days off, 50. And they pile up” he told the committee.

The legislative response. Make it harder to win legal fees. Open Government advocates like rich templin of the Sunshine Coalition say its like throwing the baby out with the bathwater.

“We seem to be focused on the group of bad actors at the expense of all of the thousands of law abiding Floridians who currently enjoy protections under Florida’s Sunshine laws” says Templin.

The legislation’s biggest change is just one word…saying a judge may rather than shall order governments to pay legal fees when they are found guilty of violating the law.

Citizens say that will make getting records near impossible. Barbara Lemley made the trip from Lake City to testify.

“To avoid payment of attorneys fees, a government agency needs only comply with the law. Produce the records” she told lawmakers.

While approved unanimously, some members have grave reservations.

The bill also provides than anyone planning a lawsuit give at least five days notice so the government can turn over the records. Rep David Santiago of Deltona asked if that made sense.

“Wouldn’t that provide the protections the cities and counties would need to do the right thing?”

Lawmakers say judges have little discretion to decide if a government has acted in good faith.

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