Why am I not surprised! Clever guy that rove!
Gov. Bush vetoes bill requiring prompt replies to records requests
By The Associated Press
06.21.06
TALLAHASSEE, Fla. — Gov. Jeb Bush vetoed a bill that would have required prompt replies to public-records requests while signing 37 measures into law yesterday.
Bush also signed laws to renew a public-records exemption for autopsy photos, which originally was enacted after the death of race-car driver Dale Earnhardt, and increase penalties for protests at military funerals in response to demonstrations by an anti-gay church group.
He also signed a bill making "In God We Trust" Florida's official motto, although those words have appeared on the state seal since 1868.
The governor wrote in his veto message that requiring officials to "promptly" reply to public-records requests could require hiring additional staff, though the Legislature did not provide any money for that and it would be too disruptive.
"I am not comfortable requiring Florida's state and local agencies to set aside their primary missions to comply with a new, but undefined time standard for responding to public records requests," he wrote.
Officials may have more important things to do, including emergencies, Bush added.
Barbara Petersen, president of Florida's First Amendment Foundation, which supported the bill, said the measure would have done none of the things Bush was worried about. The measure would not have required officials to produce records immediately, just that they promptly tell citizens if or when their records requests would be honored, she said.
"It happens all the time where they just don't respond," Petersen said.
Bush also objected to a provision that would have required agency heads to designate public-records custodians. That might mislead people into thinking they can seek records only from the designees, he wrote.
Lawmakers first passed the autopsy-photo exemption in 2001 after newspapers sought access to the Earnhardt pictures. There had been questions over how he died in a crash at the Daytona International Speedway and whether better safety equipment might have saved him. Public-records exemptions expire every five years.
Florida is one of several states that have enacted laws to squelch protests at military funerals by the Westboro Baptist Church. The Topeka, Kan., church claims U.S. soldiers are being killed because God is punishing America for tolerating homosexuality.
The new Florida law increases fines from $500 to $1,000 and jail time from 60 days to a year for anyone who disturbs a military funeral.
Criminal penalties of one to five years behind bars will be added to an existing law that bans unsolicited commercial e-mail, known as "spam," under a cyber-crime bill signed by Bush. It also would allow lawsuits against spammers who go "phishing" by trying to obtain personal identifying information.
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