Florida, the “Sunshine State,” as soon as generally known as a beacon of presidency transparency, is rising ever darker, and the clouds are spreading all through america.
From March 16-22, 2025, the nation celebrates the twentieth anniversary of nationwide Sunshine Week, which originated in Florida, traditionally dwelling to probably the most clear and accountable governments within the nation.
Occasions have modified.
On the College of Florida Joseph L. Brechner Freedom of Data Mission, my colleagues and I’ve researched and taught in regards to the freedom of knowledge since 1977. We monitor the state of open, accountable authorities, and our analysis findings don’t bode nicely for democracy – in Florida and all through the U.S.
However first, let’s look again to sunnier days.
Solar rises
Florida enacted its first model of a public information legislation in 1909, the sixth state to take action. The motion was led by Nebraska in 1866 and Montana in 1895. Florida’s legislation was repealed within the Fifties after which returned in 1967 because the Sunshine Regulation.
“Sunshine” was equated with the state’s nickname but in addition the idea of presidency transparency – lighting the darkish recesses of secrecy. The Sunshine Regulation additionally performed on a well-known quote by former Supreme Court docket Justice Louis Brandeis that “Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”
Former Supreme Court docket Justice Louis Brandeis was an early proponent of clear authorities.
HUM Pictures/Common Pictures Group through Getty Pictures
One thing distinctive occurred in Florida then. Transparency took maintain.
Journalists efficiently pushed for a constitutional modification within the early Nineties, which required transparency throughout the state and required a two-thirds vote from the state Legislature to undertake exemptions to the legislation.
A number of provisions of Florida public information legislation stood out:
• Lawyer fee-shifting is obligatory. If a citizen is denied authorities info, sues and prevails, the company is required to pay the particular person’s lawyer charges. Our analysis signifies that this is likely one of the most essential parts in public document legal guidelines to encourage compliance.
• The definition of a public document is broad, even making use of to paperwork created by a non-public particular person or contractor appearing on behalf of the federal government. Making use of the legislation to personal actors is exclusive within the U.S., and even on the earth.
• Governing our bodies face strict necessities to deliberate in public. Simply two officers speaking with one another constitutes an official assembly and should be introduced forward of time, permitting for public attendance. Most states require a quorum, or majority, of the governing physique to be thought of an official assembly.
All these elements led Florida to change into generally known as probably the most clear state within the nation.
Growing clouds
Quick ahead to 2025, and we see a wholly completely different local weather in Florida.
Copy expenses associated to getting public information create limitations for common residents. Analysis exhibits that offering price waivers would improve accessibility with out important prices.
By way of the years, legislators turned emboldened to cross extra exemptions to the Florida Sunshine Regulation – greater than 1,100 and rising. A few of these exemptions have been centered on defending private privateness – for instance, in response to journalists requesting the post-mortem file of NASCAR driver Dale Earnhardt after his 2001 demise.
Concern of terrorists following 9/11 led to a flurry of exemptions, resembling hiding information about crop dusters to forestall al-Qaida from hijacking planes to unfold anthrax.
Corporations cashing in on public information sparked one other backlash. For instance, some firms acquired public mugshots, posted them on-line and allowed folks to have them eliminated for a worth. Some attorneys gamed the fee-shifting provision, submitting public document requests that may be troublesome to satisfy, sued instantly after which settled with businesses for hundreds of {dollars}.
Elected leaders turned towards transparency, Petersen, who now directs the Florida Middle for Authorities Accountability, instructed me just lately. One of many outstanding examples she factors to is Gov. Ron DeSantis’ refusal to reveal his journey expense information.
The Washington Put up has sued Florida Gov. Ron DeSantis to get entry to his journey information.
Rebecca S. Gratz for The Washington Put up/through Getty Pictures
I hear it each week – calls from journalists and others stymied by state and native authorities businesses. They usually cite excessive copy charges for public information, claims of exemptions and outright ghosting by businesses. One reporter encountered Miami metropolis commissioners sworn in at a non-public ceremony. One other challenged Tallahassee police refusing to offer details about an officer-involved taking pictures. A university journalism pupil was instructed she needed to pay $1,665 for information about Florida dams that would fail and ended up pleading with the federal government to “free the dam records.”
Considered one of my research from 2019 indicated that, on common, should you requested a public document in Florida, you’d obtain it about 39% of the time. That positioned the state thirty first within the nation, the underside half.
Newer information from the nonprofit MuckRock studies Florida’s share declining – as of February 2025, to 35%.
Bobby Block, present director of the Florida First Modification Basis, wrote in February that “There was a time when Florida set the gold standard for open government. … Those days are over.”
Not simply Florida
Florida is reflective of a nationwide development – a secrecy creep spreading all through the nation, culminating in transparency deserts in cities massive and small.
The US is shedding its repute as a frontrunner in open, accountable authorities. Its federal Freedom of Data Act, usually generally known as FOIA, ranks 78th in energy out of 140 nations, and constantly drops as new international locations undertake higher legal guidelines. An info commissioner from Africa instructed me a number of months in the past that he and his colleagues snort at america’ weak FOIA legislation, referring to it as a “toothless poodle.”
On common, based on our analysis, should you requested for a public document in America 10 years in the past, you’d get it about half the time. Now, it’s right down to a couple of third of the time, and simply 12% on the federal degree.
Even the U.S. Division of Justice’s personal statistics present an identical decline in full launch of information, and the typical response time has almost doubled over the identical interval, from 21 to 40 days.
What occurs when compliance reaches 0%?
Other than the ramifications on democracy itself, each American will really feel the ache of their pocketbooks and on a regular basis lives.
Research present that public document legal guidelines result in cleaner ingesting water, safer eating places, better-informed college alternative, much less corruption, saved tax {dollars} and a decrease probability of intercourse offenders reoffending.
In accordance with Stanford economist James Hamilton, for each greenback spent on public-records journalism, society advantages $287 in saved lives and extra environment friendly authorities.
Some transparency advocates have raised the alarm on actions taken by the brand new Trump administration, such because the elimination of company web sites, the firing of FOIA workers and the dismantling of the Open Authorities Federal Advisory Committee.
It’s seemingly these efforts will escalate the secrecy creep and permit it to trickle right down to the state and native ranges. It is very important observe, although, that declining transparency is a long-term development that transcends anyone president or political celebration. The federal authorities reached its absolute low in full compliance with FOIA final 12 months, below the Biden administration.
It’s simple to level fingers at one politician, however maybe wiser to have a look at your entire system, which many students say is damaged and must be reimagined.
With that opposing power weakened, if not disappearing, what or who will substitute it?
However will or not it’s sufficient? In the end, it’s as much as the citizenry. If the folks don’t cherish and demand clear authorities, then the politicians actually received’t, whether or not in Florida or the remainder of the nation.