Dear Friends of the First,

It’s that time of year again: Florida’s annual legislative session, and like years before it is full of worrying proposed laws across the spectrum, including bills that would undermine your rights of free expression and open government. This year's list is a little later than usual due to procedural delays in the House's bill drafting. That said, there are some really good proposed laws out there this year, too. We are trying to break them down for you: the good and the bad in the areas of free speech and public records access.

We encourage you to please engage with your legislators and share these views. We encourage you to write letters and, if you are bold enough, to go to Tallahassee to testify against them. That is what we will be doing. As always, we do this with your support. So, please donate to help us prevent the growth of secrecy in Florida and amplify your voice. Thank you for your interest and your support.

OUR TOP PRIORITY BILLS OF THE SESSION TO SUPPORT:

HB 437 / SB 770 are significant public records transparency bills aimed at strengthening access by redefining record costs, mandating faster agency responses (within three business days), preventing undisclosed exemptions, and adding meaningful penalties for violations. The bills also clarify fee rules and repeal outdated exemptions, making government records more accessible and agencies more accountable.

This legislation is necessary to address a growing and dangerous pattern of state agencies ignoring requests, indefinitely delaying responses, or erecting financial barriers to access. Together, these bills aim to restore Florida’s long-standing reputation as a national leader in government transparency.

The key arguments are:

• Enforcing Compliance: Under these bills, it will be a violation of state law for an agency to fail to promptly acknowledge a public records request or to respond in good faith.

• Faster Response Times: Agencies must acknowledge requests promptly and respond in good faith within three business days or risk waiving potential charges. If producing records will take more than 15 days, the agency must explain why in writing and with particularity if requested.

• Cost Clarity: The bills redefine “actual cost” for duplication, excluding overhead and clerical time, and require detailed cost estimates upon request. Responses that take less than 30 minutes are free. If a request is made for a public purpose, agencies may not charge for the first 10 hours of preparation. Agencies also may not charge for records previously provided to another requester.

• No Hidden Exemptions: Agencies may not deny records based on exemptions that were not previously communicated in writing to the requester.



• Enhanced Penalties: The bills introduce civil and criminal penalties for violations and allow courts to assess fees and costs against non-compliant agencies. Courts may award double attorneys’ fees and impose penalties of $200 per day when an agency shows intentional disregard for the right of access or demonstrates a pattern of abuse.

OTHER BILLS WE SUPPORT:

HB 767 / SB 832 are transparency bills focused on residential property insurance rates. They require insurers to submit “rate transparency reports” with certain rate filings to the Office of Insurance Regulation and to provide those reports to consumers. The reports must clearly state that they are preliminary and subject to modification at the OIR’s direction. Importantly, the bills also specify that certain information in these filings is not a trade secret and is subject to Florida’s public records laws.

TOP BILLS WE OPPOSE

PART 1 – BILLS WITH FIRST AMENDMENT IMPLICATIONS

SB 290 — Often called the “2026 Florida Farm Bill,” this legislation preempts local bans on gas-powered farm and landscape equipment, creates farmer assistance programs, expands Florida Forest Service authority, and bans signal-jamming devices. Buried within the bill, however, is a deeply troubling provision expanding Florida’s agricultural disparagement laws to cover all agricultural products, not just perishable goods. This would allow lawsuits over allegedly false statements about agricultural practices, potentially empowering powerful industries—such as sugar producers—to silence critics, researchers, environmental advocates, and journalists. These so-called “Ag-Gag” laws chill public criticism and investigative reporting and represent a serious First Amendment threat that must be stripped from the bill.

HB 147 — Proposes a mandatory “Teacher’s Oath” requiring new educators to swear allegiance to the U.S. and Florida Constitutions and pledge to be positive, nonpartisan role models. While supporters argue this elevates the profession, existing law already addresses these requirements. The bill raises serious concerns about chilling teachers’ free speech and restricting classroom discussion.

HB 1071 / SB 1090 — These bills address a range of education and public policy issues but raise serious First Amendment concerns. They extend the 2023 higher-education DEI funding ban to K-12 schools and expand book bans by prohibiting all books by a publisher if a single title is banned within a district.

HB 1119 — Expands the definition of objectionable classroom materials, mandates removal within five days of an objection, and allows state review with potential funding penalties. This bill effectively eliminates the Miller test—the Supreme Court’s longstanding standard for defining obscenity—ushering in sweeping and unconstitutional censorship.

BILLS WE OPPOSE – PART 2: PUBLIC RECORDS BILLS

Each legislative session brings a new wave of proposed public records exemptions, adding to the more than 1,200 already on the books. While we oppose all unnecessary secrecy, these bills are among the most concerning this year:

SB 1118 — Would create a new public-records exemption shielding information held by counties and municipalities regarding a person or company’s plans, intentions, or interest in locating a data center. At the request of a private entity, these records would be confidential for up to 12 months, including preliminary communications and planning materials that would otherwise be subject to Florida’s Public Records Law. The bill is justified as protecting proprietary business interests during early negotiations. But the bill undermines Floridians’ constitutional right to know and Florida’s long-standing Sunshine Law traditions without a compelling or narrowly tailored justification. It allows critical stages of government decision-making—when zoning, infrastructure commitments, tax incentives, and public resources are often shaped—to occur out of public view. Residents and watchdogs would be unable to review or question proposals until long after meaningful decisions have effectively been made. Although the exemption is time-limited, the delay itself is consequential and can foreclose genuine public participation.

HB 997 — Would exempt many Public Employees Relations Commission emails and documents under the guise of whistleblower protection. In practice, it is more likely to shield employers and reduce accountability.

HB 821 / SB 1124 — Would exempt autopsy reports for sudden deaths, citing emotional harm to surviving family members. While well-intentioned, the bill would undermine legal accountability and public oversight by making it harder to identify patterns of abuse, malpractice, negligence, emerging health threats, or environmental hazards.

HB 287 / SB 884 — Would shield foster parents’ identities and location information from public disclosure. While intended to protect foster families, it would also make it nearly impossible for the public or media to identify patterns of abuse or neglect or to scrutinize the performance of the Department of Children and Families and its contractors.



HB 627 / SB 744 — Would prohibit law enforcement officers from accepting or processing public records requests while engaged in certain official activities and impose penalties on individuals who “knowingly and willfully persist” in making requests. While framed as a public-safety measure, the bill creates significant barriers to access, and invites abuse due to its vague and subjective enforcement provisions.

Bobby Block

Executive Director

The First Amendment Foundation

The First Amendment Foundation is a nonprofit organization established in 1985 to protect and advance the rights of free expression, protest and the press, as well as to promote open government and access to public records. For more information about us and how to support our efforts please visit www.floridafaf.org