Florida Gov. DeSantis Signing HB 1365 (File)

Executive Privilege Arguments Set In Florida Public Records Case That Shields DeSantis Admin

Florida Gov. DeSantis Signing HB 1365 (File)
Florida Gov. DeSantis Signing HB 1365 (File)

A panel of the 1st District Court of Appeal next month will hear arguments in a potentially far-reaching case about whether “executive privilege” shields Gov. Ron DeSantis’ administration from releasing records.

On Tuesday, the court issued an order to schedule arguments for May 7.

The case stems from a person, identified in court documents as J. Doe, filing a public records request seeking information from DeSantis’ office about people involved in discussions about appointing Florida Supreme Court justices.

Read: Florida First Lady Casey DeSantis Awards $40,000 From The Hope Florida Fund To Law Enforcement Non-Profits

In a subsequent lawsuit, Leon County Circuit Judge Angela Dempsey rejected the public records request on a series of grounds, including executive privilege.

State and national media organizations and open-government advocacy groups have said such use of executive privilege would undermine Florida’s public records law.

But lawyers in DeSantis’ office and Attorney General Ashley Moody’s office have disputed arguments that the use of executive privilege conflicts with a 1992 constitutional amendment aimed at providing access to public records.

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