The COVID-19 pandemic has brought about a lot of unintended and unexpected side effects. One of these side effects is restriction of access to public records across the country. Surprisingly, Florida has been hit the hardest. Remember Florida Man? He exists because Florida has relaxed public records access laws to ensure governmental transparency.
Public records, including court records, vital documents, marriage certificates, deeds, government transactions, government records, taxes, arrest records, and so forth have been around since the beginning of organized civilization, dating back as far as ancient Babylon and the Incan Empire. In the United States, the right to view and copy court records was common law until the Nixon v. Warner Communications, Inc. case in 1978 made it official. The Freedom of Information Act does include restrictions to which public records can be accessed, but the State of Florida’s transparency laws are notoriously lenient.
During the COVID-19 pandemic, Governor DeSantis has effectively closed public records unofficially by slow walking records access or stonewalling requests altogether, particularly regarding public health information regarding the spread of the virus. The University of Florida’s Emerging Pathogens Institute filed a request to use information from thousands of contact tracers collected by the Florida Department of Health. The purpose of this request was to cultivate a better understanding of transmission and implement more effective policies. They received no response.
The Orlando Sentinel and the South Florida Sun-Sentinel requested White House COVID-19 Task Force weekly advisory reports on Florida. These news sources should have had swift access to these records. Instead, they were slow walked for two months before being forced to sue the administration in order to obtain records that they legally have access to in December of 2020. In March of 2021, the Orlando Sentinel had to sue the DeSantis administration again to gain access to public records regarding COVID-19 variants.
While these court actions were effective, it sets the terrible precedent that the government can simply ignore its own transparency laws. Not everyone has the resources to sue the government to obtain public records that they already have the right to access.
Public records access is important and integrated into the everyday nuances of life to the point that it can be taken for granted. Private investigators don’t have the resources to sue the government every time they need to run background checks for lawyers, employers, and contractors. Public records access allow you to research the nanny or babysitter who cares for your child, the employees you hire, the doctors who treat you, online dating suitors, tenants, investment opportunities, and more. Regular people do not have the time or money to sue their own government to learn this vital information and the government should not have the power to slow walk or stonewall citizens exercising their rights.