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ASNE opposes proposed changes to Florida's public records law
- By: ASNE staff
- On: 02/04/2016 10:46:50
- In: Open government
Florida House Bill 1021 and Senate Bill 1220 would amend the law to create "permissive" award of attorney's fees after litigation, as opposed to the current "mandatory" award of fees. This means that a plaintiff who goes to court to challenge the denial of a request for public records and wins would no longer be guaranteed to receive a reimbursement of attorney's fees.
ASNE was one of 25 media organizations and companies who signed a letter drafted by the Reporters Committee for Freedom of the Press in opposition to proposed changes to the Florida's public records law.
Florida House Bill 1021 and Senate Bill 1220 would amend the law to create "permissive" award of attorney's fees after litigation, as opposed to the current "mandatory" award of fees. This means that a plaintiff who goes to court to challenge the denial of a request for public records and wins would no longer be guaranteed to receive a reimbursement of attorney's fees.
Such a change would not only be contrary to the spirit of the the (and the state's long and proud tradition with regard to transparency), but also run counter to the national trend in favor of mandatory award of attorney's fees. It would have the dual effect of deterring litigation to obtain public records and emboldening public agencies to deny more requests as they will be confident that the denials will not be appealed.
Given that many ASNE members file requests for public records from their state agencies on a regular basis and often commit to litigating adverse decisions because their attorney's fees will be likely reimbursed if they win, we felt a great need to ensure that this change does not morph into a trend in the wrong direction.