Consider the question of whether private entities should make decisions on release of public records in this factual context.

In June, visitors to Volcano Bay at Universal Orlando reported being shocked by an electrical current that surged through the water park. No serious injuries were reported but experts advised that the incident might have had deadly consequences.

Shortly thereafter, the Orlando Sentinel requested records relating to the incident from Orlando Utilities Commission, a public agency. OUC immediately forwarded the request to Universal's attorneys "to decide what information should be exempt from public records law."

OUC and Universal, it seems, have a "confidentiality agreement" that permits Universal to block access to public records. Universal "helped" draft the public agency's response to the Sentinel's records request.

Asked for comment, First Amendment attorney and director of the University of Florida's Beecher Center for Freedom of Information Frank Lomonte observed:

"It's probably within the law for an agency to check with a private business to see if they want to claim confidentiality before documents are released, [b]ut you can't let the private company make that decision."

The only document ultimately released was a "bare bones 'trouble report' that says OUC was notified that Universal had bad underground secondary cables," but gives no indication of how OUC responded.

Who decides what the public is entitled to know?

Draw your own conclusions.