How we did this story
On Jan. 12, reporters and other employees from 30
newspapers launched Florida's first statewide public records audit.
The idea was for reporters to shed their titles and discover how
regular citizens asking for public records were treated.
The audit was organized by the Florida First Amendment Foundation,
the Herald-Tribune> and the Florida Press Association.
Those organizations chose the agencies and records to audit and
enlisted the help of newspapers across the state. They also created
the protocol that audit volunteers were asked to follow.
The Herald-Tribune was responsible for analyzing the results of the
audit. It included 62 of Florida's 67 counties and 234 of the 268
local agencies targeted. Volunteers in Baker, Citrus, Escambia,
Madison and Putnam counties were unable to audit the 20 agencies in
their communities in the time allowed. Of the remaining 14 agencies
omitted from the audit: 11 were thrown out because the volunteer
failed to follow the audit protocol; two were county administrators
who said they had no written correspondence; and one was an agency
that does not have an administrator to audit.
Most volunteers conducted audits from Jan. 12 to Jan. 16. Pinellas
County was audited on Jan. 28. Volunteers requested the same
documents from the same agencies in each county.
The documents, all public records under Florida Statute 119, were:
School districts -- The superintendent's latest cell phone bill. If
the superintendent did not have a district-issued phone, the
volunteer asked for the district's phone bill.
Municipalities -- The most recent job review for the city manager
or other top administrator in each county seat. If there was no
evaluation, the volunteer asked for the personnel file.
Sheriff's offices -- A log of calls made to the dispatch center
over the previous 48 hours. When inspection of the log was allowed,
the volunteer then asked for a copy of a specific incident.
County government -- E-mails or written correspondence between the
county administrator and county commissioners over the previous
week. If none existed for that time period, the most recent were
requested. For this request, volunteers called in advance to give
officials time to compile the records.
The newspapers also requested documents from a sample of state
agencies:
E-mails between Gov. Jeb Bush and his chief of staff from the past
month.
Education Commissioner Jim Horne's travel expenses from his most
recent trip.
The most recent cell phone bill for Jerry Reiger, secretary of the
Department of Children & Families.
Inspection reports from the Hazardous Materials unit of the
Department of Transportation.
Citations from the Department of Environmental Protection.
A contract for flu vaccines from the Department of Health.
The protocol called for volunteers to pose as "regular citizens"
with only a limited knowledge of Florida's public records law. They
were instructed to be polite. To ensure the integrity of the
results, volunteers were told that the audit must remain a secret.
State law does not require a person asking for public records to
provide a name, a reason for the request, identification or a
written request. To test the anonymity protected in the statute,
volunteers responded to questions that could reveal their identity
or intent by asking, "Is that information necessary for you to
fulfill my request?"
If an official said a name was required, the volunteer was allowed
to answer. When a reason was required, volunteers responded by
saying they were simply interested in the information.
If officials insisted on a more detailed reason, tried to force the
volunteer to provide identification, demanded to know who the
volunteer represented or said a written request was required, the
volunteer was instructed to politely refuse and leave. Those
agencies were considered noncompliant.
Audit organizers determined that an hour was a reasonable amount of
time to wait for access to the records.
If volunteers left an office with confirmation that the records
would be provided at a later date, it was considered compliance. If
an hour passed without an assurance that the request would be
fulfilled, the visit was counted as non-compliance. Reporters were
told not to lie about their occupation if asked.
Participating newspapers were: Bradenton Herald, Chiefland Citizen,
The Daily Commercial (Leesburg), Daytona Beach News-Journal,
News-Leader (Fernandina Beach), The Florida Times-Union
(Jacksonville), Florida Today (Melbourne), Fort Pierce Tribune, The
Gainesville Sun, Herald-Advocate (Wauchula), Hernando Today,
Highlands Today, Key West Citizen, Lake City Reporter, The Ledger
(Lakeland), Ocala Star-Banner, Okeechobee News, The Orlando
Sentinel, Palm Beach Post, Pasco News, Press Journal (Vero Beach),
Herald-Tribune, The Seminole Herald, The St. Augustine Record, St.
Petersburg Times, The Stuart News, Sumter County Times, Tallahassee
Democrat, The Tampa Tribune and Wakulla News. |