Florida's response to serving citizens in the information age

Abstract

The Florida Legislature created the Joint Committee on Information Technology Resources for the purpose of, in part, analyzing the impact of advances in information technology on the Florida Public Records Law. In responding to the U.S. Information Industry Association's recently promulgated access principles for state and local government, the author found that although Florida does not actively encourage a diversity of information sources, such diversity is an indirect result of the state's long tradition of open access. The public's right of access is now guaranteed in Florida by a new constitutional amendment that guarantees every person the right to inspect or copy the public records of all three branches of Florida government. Florida's law is silent about an agency's obligation to provide a public record in a particular medium. However, the Joint Committee has proposed legislation that would require an agency to provide a copy of a public record in the medium requested. Additionally, the proposed legislation would allow a reasonable fee for costs for the labor and overhead associated with duplicating or copying a computer database; current law allows only the actual cost of duplication. In an effort to insure equal and timely access, this legislation also contains a provision that requires agencies to consider public access and redaction of exempt information in the design and development of all electronic recordkeeping systems. In an attempt to avoid monopoly control over public information, the author sponsored legislation last year that would have repealed Florida's law allowing the copyright of agency-created software. The Joint Committee's proposed legislation has a provision that would assure meaningful access to data controlled by proprietary software and would also preclude an agency from entering into any contract that would impair the right of the public to inspect and copy public records.