The Florida Center for Government Accountability, a nonprofit open-government group, has escalated its legal battle with Gov. Ron DeSantis’ administration, requesting an “en banc” rehearing before the full 1st District Court of Appeal.
The move follows a February 19 ruling by a three-judge panel that sided with the administration in a dispute over delays in releasing public records tied to the controversial 2022 migrant flights from Texas to Massachusetts.
The case stems from DeSantis’ decision on September 14, 2022, to fly 49 mostly Venezuelan migrants from San Antonio, Texas, to Martha’s Vineyard, a move that sparked national headlines and criticism as a political stunt aimed at highlighting border security issues.
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The Florida Center for Government Accountability filed public records requests on September 20 and 21, 2022, seeking communications and documents related to the flights. When the administration failed to fully comply, the group sued on October 10, 2022, alleging a violation of Florida’s Public Records Act.
In October 2022, Leon County Circuit Judge J. Lee Marsh ruled in favor of the watchdog, finding that the DeSantis administration’s delayed response was “unreasonable” and ordering the release of the records within 20 days.
However, the appellate panel overturned Marsh’s decision last month, asserting that he had erred in deeming the administration’s actions unjustified. The panel’s ruling shifted the burden onto the Florida Center to prove the delay was unreasonable—a stance the group now challenges as a misinterpretation of state law.
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In its motion for a full court rehearing filed last week, the Florida Center argued that the panel’s decision flouts both the Public Records Act and legal precedent.
“Placing the burden of proof on the requestor to establish the reasonableness of a [records] custodian’s delay is inconsistent with the plain text of [the law],” the motion states. “It also requires proving a negative. The statute places an affirmative burden on the custodian, not the requestor, to demonstrate the reasonableness of any time or condition restrictions in fulfilling a records request.”
The group contends that the law explicitly requires government agencies to justify delays, not the public to disprove them. By reversing this burden, the appellate ruling risks undermining transparency, a cornerstone of Florida’s open-government framework, the motion warns.
The migrant flights, funded with $1.56 million from Florida taxpayers despite originating in Texas, have been a flashpoint in DeSantis’ tenure, drawing lawsuits and scrutiny over their legality and intent. The administration tapped into a $12 million legislative allocation meant for relocating illegal immigrants from Florida, not Texas, fueling further controversy.
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The Florida Center’s records requests aimed to shed light on the planning and execution of the operation, including communications involving DeSantis’ Chief of Staff James Uthmeier.
The full 1st District Court of Appeal must now decide whether to take up the case en banc, a rare step reserved for matters of significant legal weight. If granted, the rehearing could redefine how Florida courts interpret the burden of proof in public records disputes, with implications far beyond the migrant flight saga.
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