Professor Keith Rizzardi's Scholarship Leads to New Florida Legislation

Professor Keith Rizzardi

On Wednesday, January 20, St.Thomas Law Professor Keith Rizzardi testified to the Florida House of Representatives government operations subcommittee about proposed legislation to amend the Florida public records laws.  

After asking Professor Rizzardi questions related to his article, “Sunburned: How Misuse of the Public Records Laws Creates an Overburdened, More Expensive, and Less Transparent Government,” 44 Stetson L. Rev. 425 (2015), the members of the subcommittee unanimously passed the proposed bill, HB 1021.  

The bill seeks to make an award of attorney’s fees from mandatory to discretionary, and creates a notice of intent to sue requirement.  

According to Michael Sittig, Executive Director of the Florida League of Cities, legislators “were swayed by Professor Rizzardi’s insight and extensive knowledge of how unscrupulous individuals are gaming the system.”

Professor Rizzardi confessed to having mixed emotions about the experience. “The need to reform our public records laws is unfortunate yet unsurprising," he stated. "Reforms empowered judges to stop abuses of civil procedure, and ethics rules constantly evolve to address lawyer misconduct."

He expressed sadness that the misuses of the public records laws exist, yet remained hopeful that his scholarship helps Florida legislators  preserve the benefits and repair the flaws of our public records laws.

This is not the first time that Professor Rizzardi's article has been cited for its impact. In a November 4, 2015 opinion related to Florida’s public records law, 15th Judicial Circuit Judge Richard L. Oftedal quoted and cited the same article, calling it “a thorough analysis of the problems facing local governments.”

You may access Professor Rizzardi's papers here.