Florida: Gaming Control commissioners exempted from public records requests

Garance Limouzy June 26, 2024

SiGMA news

Florida: Gaming Control commissioners exempted from public records requests

Governor Ron DeSantis of Florida has enacted a new law (SB 692) that exempts personal information about members of the Florida Gaming Control Commission from public records requests. This legislation, which passed unanimously, aims to protect the personal details of current and former commissioners and their families, including home addresses, telephone numbers, and dates of birth.

Protecting the commissioners

Proponents of the bill argue that releasing such information could endanger commission members and their families. They stated: “the release of such personal identifying and location information might place the commission’s current or former commissioners and their family members in danger of physical and emotional harm from disgruntled individuals whose businesses or professional practices have come under the scrutiny of the commission. In addition, such personnel may be subject to threats or acts of revenge because of the duties they perform.”

The Florida Gaming Control Commission was established in 2021. It oversees the state’s gambling industry, ensuring compliance with laws and standards. Given the potential contentious nature of gambling regulation, DeSantis argues that commission members could face scrutiny and backlash from industry stakeholders.

History of public records issues with DeSantis

Governor DeSantis’s administration has a history of controversial issues surrounding public records and transparency. Florida has a long-standing tradition of granting public access to records and meetings, established by state law and a 1992 constitutional amendment. There is a continual struggle between the imperative for government transparency and Governor DeSantis’s desire to safeguard sensitive information and the privacy of public officials.

In a notable case, a court debated a ruling that “executive privilege” exempts DeSantis’s administration from releasing certain records. This case originated from a public records request seeking information about individuals involved in discussions regarding the appointment of Florida Supreme Court justices. The “executive privilege” has been contested by media organisations and open-government advocates, who argue that it undermines Florida’s public records law.

More recently, a senior Florida law enforcement official decided to sue DeSantis, claiming he lost his job for whistle-blowing on issues related to public records.

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