Gov. Scott changes policy to charge fees for public records

Requesting public records from the governor's office now comes with a cost.

For years, getting copies of documents and files were free. But Gov. Rick Scott has tweaked policies at the state Office of Open Government, which is now charging for copies and adding service charges if the nature or volume of the requests takes up more than 30 minutes of his office's resources.

Scott's office said with the high volume of records requests, taxpayers can no longer absorb the costs. This "cost recovery policy," which went into effect on March 3, reflects the need for fiscal restraint, according to a memorandum sent to media outlets.

Critics argue the policy slows down the time it takes to receive information.

"This doesn't just affect reporters. It affects everybody who wants information," said James Rhea, the director of the Tallahassee-based watchdog group First Amendment Foundation.

Former governors Charlie Crist and Jeb Bush didn't charge fees for public records. The Office of Open Government was created under Crist's watch and the agency was re-established when Scott took office.

"We prefer free whenever possible," Rhea said. "Now it's going to require different procedures. In the previous administration, people have been spoiled."

Under the new policy, one-sided copies cost 15 cents per page and double-sided copies cost 20 cents. CDs of data cost 85 cents each and DVDs cost $1.15. Packaging and shipping charges could also apply.

When it receives a public records request, the Office of Open Government will provide an itemized estimate that includes the hours needed to complete the request, any service charges for "extensive labor" and any costs for duplicates or other materials.

The office will not charge for paper or electronic copies that would cost less than $5. Payments must be made before the copies are provided.

Rhea said the office doesn't accept credit cards, only cash and checks.

Because of the changes, people should think through their requests, Rhea said.

"Twenty to $30 a pop can add up," Rhea said. "Be specific. Be aware if you cast a wide net, you can be charged for that."

Access has been an issue with the Scott administration. The move to charge for record requests highlights how the media is adjusting to the new governor's style, especially since Crist earned a reputation for his love of media exposure.

In January, journalists covering Tallahassee complained the Scott administration is skirting free-press traditions and attempting to control their work by limiting access to events and being slow to provide public records.

The complaints stemmed from a post-inaugural reception where Scott's staff restricted access and several reporters were asked to leave. A few weeks later, Scott and several lawmakers gathered at the governor's mansion for a dinner. The governor's staff made no announcement about the dinner but upon deciding the press should be alerted, sought a reporter to provide a pooled report.

Dave Royse, executive editor of the News Service of Florida, said he was invited to be the pool reporter although the dinner was nearly over. He could not accept, but offered a reporter from his staff in his place.

When that reporter was rejected, Royse said he declined to participate for ethical reasons. The person or group being covered "can't pick and choose the reporter," he said.

Barbara Petersen, president of the First Amendment Foundation, said Scott and his staff has a big learning curve when it comes to the press.

"He doesn't seem to understand that everything he does is going to be subject to public scrutiny," Petersen told The Tampa Tribune in January. "Gov. Scott ran on a platform of accountability. But you can't have accountability without access."

Scott responded to the criticism about access, and a gag order he issued to agency heads, a few days later.

The governor told Florida newspaper editors, broadcasters and the Capitol press corps that he has been transparent and open. He defended the gag order, saying his department heads need to focus on fixing their agencies rather than doing media interviews.

"I do press conferences. I do gaggles. Anybody can come to those," Scott said. "I feel very comfortable that we're very open."