ANNALS OF DeSANTISTAN: Judge questions DeSantis administration's response time for public records requests. (Douglas Soule, USA Today Network February 3, 2025)

As President William Jefferson Clinton told ATLA in 2000, "A right without a remedy is simply a suggestion." Florida has one of the strongest Open Records laws in the Nation. Let's enforce it. From Tallahassee Democrat: 

Judge questions DeSantis administration's response time for public records requests

Douglas Soule

USA TODAY NETWORK - Florida

A Tallahassee judge didn’t buy an argument from Gov. Ron DeSantis’ office that the large number of public records requests it receives justifies extensive wait times — sometimes years — to respond.

“I don’t disagree that maintaining a backlog or not having enough people isn't an excuse,” said Circuit Judge John Cooper. “It’s just like with lawyers: If you have too many cases, you either reduce the number of cases or you hire more lawyers.”

But he also doubted he had the authority to slap the office with a permanent court order to respond quicker.

Those remarks came during a Monday morning virtual hearing on a lawsuit filedby American Oversight, a government accountability watchdog organization. The group alleges DeSantis’ office has broken state law in how long it takes to respond to its public records requests.

DeSantis’ office actually provided all of the requested documents cited in the lawsuit before the hearing — at least, its lawyers say it did. American Oversight said it hadn’t had the chance yet to confirm all the records were fully responsive. 

If they are, providing those records fulfills one big task in the lawsuit. DeSantis’ lawyers also say they’re willing to pay for the reasonable legal fees of American Oversight.

But DeSantis’ office nevertheless defended its response times on Monday, citing not only backlogs but also accusing American Oversight of making broad, confusing requests that took time to process.

“It’s a little confounding to me (because) it sounds like while at the same time the (office) is saying that they can’t understand our requests … yet they produced all the records on the eve of this hearing,”  responded Mark Caramanica, a plaintiff attorney from Thomas & LoCicero PL, a law firm specializing in free speech and public records issues. 

merican Oversight also wanted Cooper to issue a declaratory judgment that DeSantis’ office violated the law and an injunction ordering it to stop. (A declaratory judgment is a ruling that determines the rights, duties or obligations of parties under a contract, statute or in a legal situation without awarding damages or ordering specific action.)

“It’s a self-fulfilling prophecy that they can come back and continually say, ‘Well, now we have these backlogs, so now you’re going to be waiting years for requests unless you sue,’ ” Caramanica said.

“This pattern and practice has gone on for years,” he continued. “We want that to end.” 

DeSantis’ attorneys pushed back on those requests: “They can’t jump ahead of the whole process and then essentially try to create a scenario where every public records request they submit from now into the future is all of a sudden subject to ... relief,” said George T. Levesque, an attorney with the law firm GrayRobinson.

Cooper ruled against the declaratory judgment and other requests, saying he found them too broad and doubting he had the power to do it. But he set up potential future clashes on the same issue, giving American Oversight 30 days to file an amended request.

Cooper did not immediately issue a written order based on his decision from the bench.

This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Douglas Soule is based in Tallahassee, Fla. He can be reached at DSoule@gannett.com. On X: @DouglasSoule.