MIAMI A law the Legislature passed three years ago allows Florida's flagship public university to keep secret all details about whether it had developed and was adhering to a response plan for the pandemic that has already infected at least 20 students, faculty and employees.
The University of Florida was not among the earliest schools in the United States to effectively close its campus, moving classes online last week and sending students home for the semester.
It was widely criticized for failing to quickly acknowledge the first positive cases of the virus among students on campus. One infected student a College of Dentistry student who treated patients after he felt sick said school officials urged him to keep quiet for at least five days.
The 2017 law allows the university to withhold details of its emergency plans or even whether it has any. It is among hundreds of formal exemptions that allow the government to withhold information from citizens under Florida's otherwise powerful public records law.
The University of Florida declined this week to release its pandemic plan to Fresh Take Florida, a news service operated by UFs College of Journalism and Communications, as part of investigative reporting to determine whether school leaders were following their plan. It cited the exemption: This reply completes your public records request, the school said.
A school spokesman, Steve Orlando, later confirmed with the general counsels office that it will not publicly release the pandemic plan.
The 2017 law also allows other Florida public colleges and universities to withhold information about their pandemic responses. It covers any universitys response to or plan for responding to an act of terrorism or other public safety crisis or emergency. Other schools, including Florida State University and the University of Central Florida, have not yet responded to requests by Fresh Take Florida for their pandemic plans.
The laws co-sponsor, Rep. Byron Donalds, R-Naples, told Fresh Take Florida that it was never intended to prevent disclosure of a universitys pandemic plans. Donalds said he urges school officials to voluntarily release the document.
I would hope that college officials would understand that in times like this, there are times when you want to share your plans, especially with your faculty and staff when it comes to a pandemic, he said. Donalds said the law was intended to protect terrorism plans from being revealed to would-be terrorists. He never imagined it would be applied to pandemics.
The 2017 law is set to expire in two years unless Florida lawmakers renew it. It's unclear whether the Legislature might change the law, since it prevents tens of thousands of students, parents, alumni, faculty and employees from knowing whether the university acted appropriately to protect those on campus. The House and Senate voted unanimously on the measure at every stage in 2017, and legislative records show that no one formally objected to the proposal during any committee hearings.
Im flabbergasted they would hide that at a time people crave information and want to know if theyre safe, said David Cullier, president of the National Freedom of Information Coalition and an associate journalism professor at the University of Arizona. Its a huge mistake.
The former president of the Tallahassee-based First Amendment Foundation, Barbara Peterson, said she did not oppose the legislation in 2017 because no one expected it would be applied to virus plans. It was intended to keep security plans for physical terror attacks out of the wrong hands to ensure the safety of students and faculty, she said.
Were not talking about Al-Qaeda storming the gates of our universities, she said. Were talking about a pandemic.
Some schools, such as the University of Mississippi, University of Houston, Villanova University and Indiana State University, openly publish their pandemic response plans on the internet. The U.S. government encourages colleges and universities to develop detailed pandemic responses, which it said will play an integral role in protecting the health and safety of students, employees and their families. Public health experts also encourage evaluating and assessing emergency plans and how they were implemented during and after pandemics, as an exercise in accountability and transparency.
Its nuts. Its actually outrageous that these records would be withheld, said Adam Marshall, a staff attorney at the Washington-based Reporters Committee for Freedom of the Press. This is exactly the kind of record there is the highest level of public interest in. It should have been made available online a long time ago.
In its response to a separate request for records about the College of Dentistry student who was infected with the virus, the University of Florida also cited the 2017 law as a reason it would not turn over those documents.
Cullier agreed that secrecy laws like Floridas were intended to prevent terrorists from circumventing security plans. To apply that to a virus is ludicrous and not how all that was intended, he said. He added that withholding details about UFs pandemic plans will inevitably cause people to wonder whether officials were embarrassed or hiding information.
If we cant trust our government, its going to cause more fear and suspicion and hoarding, he said.
Peterson said the pandemic plan might help students and parents understand whether and when expenses might be refunded and provide details about UFs evacuation plans. She noted the law doesnt prohibit the university from releasing its pandemic plan it allows the school to choose to keep it secret.
When people are scared pantsless, youre withholding information that could have squashed their fears and youre not doing it, she said. Shame on you.
The Florida secrecy law was proposed by Donalds and Rep. Bob Rommel, R-Naples. Rommel did not immediately respond to phone messages left at his home and office or email sent to him and his legislative scheduler. Then-Republican-Gov. Rick Scott signed the bill into law in June 2017. Scott, now a U.S. senator, last month said the federal government must do more to protect Americans from coronavirus.
Rommel, 57, is a multi-millionaire who co-owns a bayfront bistro on Fort Myers Beach that is temporarily shut down from the virus under orders from Gov. Ron DeSantis. He was chairman of the House Criminal Justice Subcommittee and vice chair of the Judiciary Committee and veterans affairs subcommittee.
Donalds, 41, is a long shot candidate among 10 Republicans running for Congress in Floridas 19th House district. He has described himself as a Trump supporting, liberty loving, pro-life, pro-2nd Amendment black man. He is a financial adviser with Wells Fargo in Naples, according to his state financial disclosure filings.
See the original post here:
Lawmaker: Law never meant to allow for hiding details of response plans - Gainesville Sun
- College sued for stopping students from handing out Constitution - April 26th, 2014 [April 26th, 2014]
- Argument preview: First Amendment protections for public employees subpoenaed testimony - April 26th, 2014 [April 26th, 2014]
- China toughens environment law to target polluters - April 26th, 2014 [April 26th, 2014]
- 1st Amendment - Laws - April 26th, 2014 [April 26th, 2014]
- GBS205 Legal Environment -THE FIRST AMENDMENT - Video - April 26th, 2014 [April 26th, 2014]
- Supreme Court Preview/Review #2 - Video - April 26th, 2014 [April 26th, 2014]
- ConLaw Class 26 - The First Amendment Speech II - Video - April 26th, 2014 [April 26th, 2014]
- Scalia Ginsburg debate NSA and first amendment - Video - April 26th, 2014 [April 26th, 2014]
- Political Correctness vs First Amendment - Video - April 26th, 2014 [April 26th, 2014]
- ConLaw Class 25 - The First Amendment -- Speech I - Video - April 26th, 2014 [April 26th, 2014]
- The First Amendment - Video - April 26th, 2014 [April 26th, 2014]
- [USA] First Amendment abused - Video - April 27th, 2014 [April 27th, 2014]
- Cliven Bundy and the First Amendment - Video - April 27th, 2014 [April 27th, 2014]
- First Amendment Tees Co. Inc. FAT-Tee Intro Video of who we are, and what we stand for - Video - April 27th, 2014 [April 27th, 2014]
- University Attacks First Amendment Costs $50,000 Plus - Video - April 27th, 2014 [April 27th, 2014]
- First Amendment Lawsuit After '8theist' Vanity Plate Denied, 'Baptist' Approved - Video - April 27th, 2014 [April 27th, 2014]
- How A Public Corruption Scandal Became A Fight Over Free Speech - April 28th, 2014 [April 28th, 2014]
- PETITION FOR A WRIT OF CERTIORARI; Crystal Cox v. Obsidian Finance Group - Video - April 28th, 2014 [April 28th, 2014]
- MSNBC: Marjorie Dannenfelser Discusses SBA List First Amendment Case - Video - April 28th, 2014 [April 28th, 2014]
- United Church of Christ sues over North Carolina ban on same-sex marriage - April 29th, 2014 [April 29th, 2014]
- Federal judge: Delayed access to court records raises First Amendment concerns - April 29th, 2014 [April 29th, 2014]
- Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights - April 29th, 2014 [April 29th, 2014]
- Judge Won't Stop Jason Patric from Using Son's Name for Advocacy Purposes - April 29th, 2014 [April 29th, 2014]
- PBL in Journalism I, 2014 - Video - April 29th, 2014 [April 29th, 2014]
- John Dukes on First Amendment - Video - April 29th, 2014 [April 29th, 2014]
- Were Sterlings First Amendment Rights Violated? Nope. - April 30th, 2014 [April 30th, 2014]
- Senate Dems vow vote to change Constitution, block campaign funding - May 1st, 2014 [May 1st, 2014]
- What happened to Sterling was morally wrong - May 1st, 2014 [May 1st, 2014]
- Former Supreme Court Justice Wants to Amend the Constitution - May 1st, 2014 [May 1st, 2014]
- Donald Sterling is my HERO - Video - May 1st, 2014 [May 1st, 2014]
- Retaining Government Power to Make Economic Policy for Internet Access: Role of the First Amendment - Video - May 1st, 2014 [May 1st, 2014]
- America was just defeated from within TODAY 4/29/2014 - Martial law is next - Video - May 1st, 2014 [May 1st, 2014]
- Opposition To Proposed Monitoring Of Hate Speech By Federal Agency The Kelly File - Video - May 1st, 2014 [May 1st, 2014]
- Westfield Mayor to pay $53K in campaign sign violation case - Video - May 1st, 2014 [May 1st, 2014]
- ConLaw 1 Class 27 - The First Amendment - Free Exercise - Video - May 1st, 2014 [May 1st, 2014]
- PEASE: Free speech zones on Bundy Ranch violated First Amendment - May 1st, 2014 [May 1st, 2014]
- Bar Owner Prevails in Buck Foston First Amendment Trial - May 1st, 2014 [May 1st, 2014]
- Was Donald Sterling's First Amendment Right to Free Speech Violated? - Video - May 1st, 2014 [May 1st, 2014]
- First Amendment common sense - May 2nd, 2014 [May 2nd, 2014]
- The First Amendment Doesn't Allow us to Silence Opposition; Get Rid of Limits on Political Speech - Video - May 3rd, 2014 [May 3rd, 2014]
- Save Us Chuck - First Amendment Zones - Video - May 3rd, 2014 [May 3rd, 2014]
- HAROLD PEASE: Free speech zones on Bundy Ranch violated First Amendment - May 4th, 2014 [May 4th, 2014]
- In our opinion: Why government can't tackle hate speech without shredding First Amendment - May 4th, 2014 [May 4th, 2014]
- In our opinion: Can't tackle hate speech without shredding First Amendment - May 4th, 2014 [May 4th, 2014]
- Sen. Ed Markey proposes eliminating free speech - Video - May 4th, 2014 [May 4th, 2014]
- Alabama Chief Justice Stunning Legal Ignorance - Video - May 4th, 2014 [May 4th, 2014]
- Church Uses First Amendment Protections To Perform Same Sex Marriages - Video - May 4th, 2014 [May 4th, 2014]
- first amendment test filming Tucson FBI Headquarters. - Video - May 4th, 2014 [May 4th, 2014]
- "First Amendment ONLY for Christians," Says Alabama Chief Justice Roy Moore - Video - May 5th, 2014 [May 5th, 2014]
- Endangered Speeches - Video - May 5th, 2014 [May 5th, 2014]
- First Amendment Monument Music Video by Daniel Brouse - Video - May 6th, 2014 [May 6th, 2014]
- first amendment rights - Video - May 6th, 2014 [May 6th, 2014]
- News media challenges ban on journalism drones - May 6th, 2014 [May 6th, 2014]
- WHAT FIRST AMENDMENT - Video - May 6th, 2014 [May 6th, 2014]
- Letter: First Amendment rights trampled - May 8th, 2014 [May 8th, 2014]
- News outlets say US drone ban breaches First Amendment - May 8th, 2014 [May 8th, 2014]
- Chucking the First Amendment: Schumers cranky scheme - May 8th, 2014 [May 8th, 2014]
- Screw the First Amendment | We cant let people pray? - Video - May 8th, 2014 [May 8th, 2014]
- Chief Justice: 1st Amendment Only Protects Christians - Video - May 8th, 2014 [May 8th, 2014]
- Inside the Classroom with Professor Leslie Kendrick - Video - May 9th, 2014 [May 9th, 2014]
- 2014 Civics Video Awards First Amendment - Video - May 9th, 2014 [May 9th, 2014]
- .First Amendment protects political speech, not profanity - Video - May 9th, 2014 [May 9th, 2014]
- Charles "Chip" Babcock on Campaign Finance and the First Amendment - Video - May 9th, 2014 [May 9th, 2014]
- A First Amendment attack on Assembly... in George Washington - May 9th, 2014 [May 9th, 2014]
- SUPREME STUPIDITY Kills The First Amendment - RIP Separation of Church & State (1787-2014) - Video - May 10th, 2014 [May 10th, 2014]
- FBI Agents Harass Photographer: First Amendment Test - Video - May 10th, 2014 [May 10th, 2014]
- History Project: First Amendment. - Video - May 10th, 2014 [May 10th, 2014]
- SDG&E Challenges The First Amendment and Loses - Video - May 11th, 2014 [May 11th, 2014]
- Richmond City Council Uses Tricks to Undermine First Amendment - Video - May 11th, 2014 [May 11th, 2014]
- Their opinion: Disagreeing on the First Amendment - May 12th, 2014 [May 12th, 2014]
- The Clash Between the First Amendment and National Security in Times of War Symposium - Video - May 12th, 2014 [May 12th, 2014]
- City Charter amendment passes 581-556 - May 15th, 2014 [May 15th, 2014]
- David Allen Legal Tuesday: Flashing Automobile Lights and the First Amendment - Video - May 15th, 2014 [May 15th, 2014]
- Senator Chuck Schumer is against the First Amendment then and now - Video - May 15th, 2014 [May 15th, 2014]
- Facebook SUCKS! - Video - May 15th, 2014 [May 15th, 2014]
- Dems threaten Kochs with a constitutional amendment - May 16th, 2014 [May 16th, 2014]
- Reid backs campaign spending limit - May 16th, 2014 [May 16th, 2014]
- Tennessee Boy Recites First Amendment Rights After Being Told to Put Away His Bible - Video - May 16th, 2014 [May 16th, 2014]
- 'Shutup,' they explained Crippling the First Amendment - May 18th, 2014 [May 18th, 2014]
- Reid Seeks To Change First Amendment To Stop Koch Brothers - Video - May 18th, 2014 [May 18th, 2014]