Proposed Florida House Bill 35 is bad legislation for the people of Florida. The proposed bill would limit the public’s right to know about government’s plans and shift the responsibility from Florida’s network of independent newspapers and the Florida Press Association to the government entities themselves.
If the bill passes, government entities in Florida from the smallest towns and cities all the way to the top of state government, would police themselves about notifying the public about open meetings, fee hikes, property tax increases, potential zoning, annexation and land-use changes. Things that now are made known to the public in advance of these public meetings.
The bill’s sponsors are Central Florida legislators who have an ax to grind with their local newspaper. Similar legislation came about last year, but failed in becoming law. The legislators pushing the bill say it’s good for the people because it will save government entities money by eliminating paying to properly notice items of public concern that are detailed in current Florida law. We say this argument is flimsy. In the scope of annual government spending at any level, public notice advertising is a pittance.
What price are you willing to put on your freedom, your property rights and your right to force government’s hand to be transparent in its intentions? We say the public has a right to know the intentions of its governing and taxing authorities. We say a price cannot be set on freedom and the people’s right to know.
Currently, state law requires these to be published in an independent legal newspaper. A legal newspaper is a paid publication that holds a periodicals permit, has a distinct publishing schedule and offers a certain percentage of paid advertising compared to informational news content. The Lake City Reporter is a legal newspaper and has been for decades. For full disclosure, the newspaper earns a portion of its revenue from public notice advertising.
State law also requires these published accounts to be published online at www.floridapublicrecords.com, an independent site operated by the Florida Press Association. Every public notice advertised under the guidelines of Florida law must be included on this website, which is linked, for free searching, on the home page of every legal newspaper in the state, including www.lakecityreporter.com. Legal newspapers also provide a signed and notarized affidavit, a proof of publication that is a permanent record showing proper notice to the public was given.
Allowing government entities in general to keep tabs on themselves and trust them to self-police as far as notifying the public is too risky a proposition. The proposed bill does not allow for a centralized method of notice, nor does it specify any type of advance notice required to alert the public. There’s also no mandate for a permanent record, as in proof the notice was posted.
We were extremely disappointed to see State Representative Chuck Brannan, a member of the House judiciary committee, give a favorable vote to push the bill through committee, 17-4. Brannan, a Macclenny Republican with strong ties to Suwannee County, said he does not like the bill and thinks it is bad for the people of rural Florida, but he voted for it in committee to gain favor with colleagues in hopes of getting their support on other initiatives he is championing this session. We think Brannan is wrong on this issue. “Horse trading” with the people’s freedom and right to know is not something that can be used as a pawn to negotiate a future legislative deal. It is too dangerous.
Chuck Brannan has represented Lake City well during his time in the Legislature. We have lauded his accomplishments that have helped our community through financial project assistance from state government. Like us, he is a stalwart supporter of good law enforcement and first responders. We simply believe he is wrong on this issue of limiting freedom and the people’s right to know. We hope he will reconsider his support for this bill if it comes up for a floor vote in the future.
Government works for the people. It exists because of the people. Strong efficient government at any level requires a guarantee of checks and balances. Residents in Florida need to be kept informed and know they can rely on a system of laws to preserve their right to know.