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Orange County "Textgate" Could Make New Florida Law

Joi Ito via Flickr

The fallout from a controversy involving Orange County Commissioners texting lobbyists during public meetings could have a profound effect on how public officials across the state handle texting. One open-government expert says this could be the first time a case examining whether texts are public record goes to court.

Barbara Peterson of Florida’s open-government watchdog group First Amendment Foundation is monitoring developments in Orange County. She says all county business is considered public record under Florida law, quote “regardless of the means of transmission.” But that phrase hasn’t been tested by a judge yet.
“The specific issue of text messaging has not been litigated, so yes, it would be a very important determination, whether it’s in criminal court or civil court, that text messages are, in fact, a public record”, said Peterson.

Orange County Commissioners Jennifer Thompson and Fred Brummer deleted text messages each exchanged with lobbyists during a public hearing on adding a paid-sick-time initiative to November’s ballot. The lobbyists worked for businesses that opposed the measure. The FDLE announced an investigation Tuesday.

Peterson says if the FDLE finds that the commissioners deleted the messages knowing they were erasing public records, they could face criminal charges. Both Thompson and Brummer say they did not intend to delete public records. They also face a civil suit brought by the group behind the sick-time measure.