David Cuillier
Florida, the “Sunshine State,” once known as a beacon of government transparency, is growing ever darker, and the clouds are spreading throughout the United States.
From March 16-22, 2025, the nation celebrates the 20th anniversary of national Sunshine Week, which originated in Florida, historically home to the most transparent and accountable governments in the country.
Times have changed.
At the University of Florida Joseph L. Brechner Freedom of Information Project, my colleagues and I have researched and taught about the freedom of information since 1977. We monitor the state of open, accountable government, and our research findings do not bode well for democracy — in Florida and throughout the U.S.
But first, let’s look back to sunnier days.
SUN RISES
Florida enacted its first version of a public records law in 1909, the sixth state to do so. The movement was led by Nebraska in 1866 and Montana in 1895. Florida’s law was repealed in the 1950s and then returned in 1967 as the Sunshine Law.
“Sunshine” was equated with the state’s nickname but also the concept of government transparency — lighting the dark recesses of secrecy. The Sunshine Law also played on a famous quote by former Supreme Court Justice Louis Brandeis that “Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” Something unique happened in Florida then. Transparency took hold. Journalists such as Pete Weitzel at the Miami Herald pushed hard for governments to operate more transparently, building momentum through the Florida Society of Newspaper Editors. This effort created a culture of transparency, including among elected leaders.
Journalists successfully pushed for a constitutional amendment in the early 1990s, which required transparency across the state and required a two-thirds vote from the state Legislature to adopt exemptions to the law.
Several provisions of Florida public records law stood out:
• Attorney fee-shifting is mandatory. If a citizen is denied government information, sues and prevails, the agency is required to pay the person’s attorney fees.
• The definition of a public record is broad, even applying to documents created by a private person or contractor acting on behalf of the government.
• Governing bodies face strict requirements to deliberate in public. Just two officials communicating with each other constitutes an official meeting and must be announced ahead of time, allowing for public attendance.
The nonprofit Florida First Amendment Foundation was launched in 1985 to promote government transparency. All these factors led Florida to become known as the most transparent state in the nation.
INCREASING CLOUDS
Fast forward to 2025, and we see an entirely different climate in Florida.
The decline of newspapers has meant fewer reporters pushing for records, fewer editors advocating for transparency, and fewer owners suing government agencies.
Copy charges related to getting public records create barriers for average citizens. Research shows that providing fee waivers would increase accessibility without significant costs.
Through the years, legislators became emboldened to pass more exemptions to the Florida Sunshine Law — more than 1,100 and growing.
Elected leaders turned against transparency. Petersen, who now directs the Florida Center for Government Accountability, told me recently.
I hear it every week — calls from journalists and others stymied by state and local government agencies. They often cite high copy fees for public records, claims of exemptions and outright ghosting by agencies.
One of my studies from 2019 indicated that, on average, if you requested a public record in Florida, you would receive it about 39% of the time. That placed the state 31st in the nation, the bottom half.
Bobby Block, current director of the Florida First Amendment Foundation, wrote in February that “There was a time when Florida set the gold standard for open government. … Those days are over.”
NOT JUST FLORIDA
Florida is reflective of a national trend — a secrecy creep spreading throughout the country, culminating in transparency deserts in cities big and small.
The United States is losing its reputation as a leader in open, accountable government. Its federal Freedom of Information Act, often known as FOIA, ranks 78th in strength out of 140 nations, and continuously drops as new countries adopt better laws.
On average, according to our research, if you asked for a public record in America 10 years ago, you would get it about half the time. Now, it’s down to about a third of the time, and just 12% at the federal level.
Even the U.S. Department of Justice’s own statistics show a similar decline in full release of records, and the average response time has nearly doubled over the same period, from 21 to 40 days.
What happens when compliance reaches 0%?
Aside from the ramifications on democracy itself, every American will feel the pain in their pocketbooks and everyday lives.
Studies show that public record laws lead to cleaner drinking water, safer restaurants, better-informed school choice, less corruption, saved tax dollars and a lower chance of sex offenders reoffending.
According to Stanford economist James Hamilton, for every dollar spent on public-records journalism, society benefits $287 in saved lives and more efficient government.
It’s easy to point fingers at one politician, but perhaps wiser to look at the entire system, which many scholars say is broken and should be reimagined.
German sociologist Max Weber posited that secrecy is the natural tendency for bureaucracy if left unchecked. For decades, news companies, particularly in Florida, pushed back against that secrecy through public pressure and litigation.
But will it be enough? Ultimately, it is up to the citizenry. If the people don’t cherish and demand transparent government, then the politicians certainly won’t, whether in Florida or the rest of the country.
David Cuillier is the director of the Freedom of Information Project at the University of Florida, which is dedicated to protecting a robust, uninhibited marketplace of ideas and exploring what access to public information looks like in the digital age.