American Oversight Sues Gov. DeSantis’ Office for Pattern of Unlawful Delay in Release of Public Records

Thursday, nonpartisan watchdog group American Oversight filed a lawsuit in the Leon County Circuit Court against the office of Florida Gov. Ron DeSantis, alleging it has engaged in a pattern or practice of failing to properly respond to public records requests in violation of state law.

In the complaint, American Oversight details 12 public records requests seeking the release of a range of documents. Each of the requests at issue has been pending for at least 11 months, some for as long as two or three years — an “unjustified and unlawful delay” representative of the DeSantis administration’s lack of transparency. American Oversight is represented by Thomas & LoCicero PL. 

Statement from Heather Sawyer, American Oversight’s Executive Director:

“Governor DeSantis’ unlawful delay in responding to public records has undermined Florida’s long-held commitment to government transparency. The Governor’s pattern or practice of evading public records requirements is a disservice to Floridians, who have the right to know what their elected officials are doing behind closed doors and why. As the DeSantis administration continues to propose and implement controversial education, civil rights, and other policy changes at an alarming rate, the people of Florida deserve information — not secrecy — about those changes.”

American Oversight’s lawsuit argues that the governor’s office’s failure to produce records promptly “has the effect of suppressing public knowledge regarding the reasoning or influences behind government decision-making, often until after the news media coverage and public debate shifts to more current matters.” 

The complaint outlines several of the office’s practices that result in unjustified delay, including providing only generic email responses with no information about who is processing a given request; processing requests in an inconsistent order without providing explanation or updates on older requests; not providing its Office of Open Government with appropriate resources; and responding quickly to requests only after possible litigation is mentioned, which disadvantages requesters who lack the time and resources to seek legal remedy.

Last week, in a different records lawsuit against DeSantis’ office brought by the Washington Post, statements by former state law enforcement officials revealed that top aides in DeSantis’ office blocked the release of public records held by the Florida Department of Law Enforcement and retaliated against officials who favored release. 

Among the records sought by American Oversight in its lawsuit are: 

• DeSantis’ office’s communications with certain corporations and lobbyists as well as with prominent right-wing groups and individuals regarding abortion restrictions, the state’s 2022 divestment from BlackRock, and education topics like critical race theory and diversity, equity, and inclusion;
• Officials’ text messages regarding official business;
• Communications with conservative judicial activist Leonard Leo; and
• Calendars of Chief of Staff James Uthmeier and other documents and communications that could shed more light on the role played by former Senior Adviser Larry Keefe.

American Oversight has 23 requests still open and pending with the Florida Office of the Governor, including the 12 requests at issue in this lawsuit. Many of those requests have been pending for more than a year, far exceeding the reasonable amount of time permitted for retrieval, redaction, and production of records under state law.

“Without intervention from the court, it is very likely that DeSantis’ office will continue its pattern of noncompliance with Florida’s Public Records Act through delay tactics and inconsistent response practices and times,” Sawyer added.