Florida Attorneys Against Open Government?
January 29th, 2009 by Josh King, VP of Business Development and General Counsel
A recent law.com article highlights the fact that attorney e-mail addresses are considered public records in Florida – and that a number of attorneys in the Sunshine State are suggesting that public access to these records be limited. As Florida lawyer Stephen Teppler puts it:
“The question becomes ‘what’s a public record?’ A database compilation is not a public record, at least not a public record that is contemplated by the statute. . . What would happen to this data if it weren’t on a computer? You would have 85,000 records. It would be of limited use to a purchaser.”
Um, actually, Stephen, that’s EXACTLY what’s contemplated by the statute (“An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium.” Fla. Stat. § 119.083(5)).
Advocating that the state purposely make its public records more difficult to access is totally out of line. State governments across the country have an embarrassing record of making public records inaccessible. Foot-dragging, non-responsiveness and the kind of shenanigans suggested by Mr. Teppler are precisely the reason every state has enacted expansive open records requirements.
At the federal level, the backsliding on open access during the Bush administration is what prompted one of President Obama’s first official acts – a memo to the administration essentially requiring agencies to look for reasons to comply with records requests, rather than technical reasons to hold public information back.
Here at Avvo, we’ve made no secret of our fights with recalcitrant states over attorney licensing data. Unfortunately, we still see state courts deploying Bush-league tactics in an effort to avoid transparency of attorney licensing and disciplinary records. Florida is a model for how states should make this information accessible. While attorneys can question whether email addresses are properly part of the public record (although I see no reason why they shouldn’t be), any efforts to place barriers in the way of access to public records should be strongly and loudly resisted.

















