Florida transparency headlines
From Sunshine Review
This article is a list of transparency related news from Florida.
Statewide public records audit results
November 19, 2008: A statewide public records audit conducted last month showed similar results as in previous years with 43 percent of agencies reviewed failing to properly turn over emails written by their top administrators. Auditors, who did not say they were associated with the media, requested records at 163 county agencies in 56 of the state's 67 counties. Read the full article here.
Less court access? Objection
November 17, 2008: Don't believe your ears.
That's essentially what a committee of Florida judges is asking the State Supreme Court to tell the public about recordings of court proceedings - that an actual court recording is not an official one. Therefore, it's not a public record. It's a notion the court should reject. If the high court agrees with the Commission on Trial Court Performance and Accountability, it will be a giant step backward for public access. And it could take a big bite out of the wallets of citizens seeking court records. Read the full column here.
Records request raises questions
November 14, 2008: These days, Lakeland resident Joel Chandler is not very popular with many public school employees around Florida.
The subject of their ire is a sweeping public records request Chandler made of all 67 public school districts in the state. He wanted the names, addresses, ages and telephone numbers of every person covered by their health insurance plans — including employees' spouses and children. Read the full article here.
La Cava should be accessible
November 13, 2008: Over the past few months, I've asked various people affiliated with Indian River County School District about the job Harry La Cava is doing as superintendent.
To La Cava's credit, I was not surprised by any of their comments. With him, what you see is what you get.
His no-nonsense management style drew mixed reviews, as expected. He has ruffled some feathers, and bruised some egos, in putting together a new organizational chart. Meanwhile, he was praised for raising the bar on accountability. Read the full column here.
State Backs Public Records Request
November 10, 2008: The state Attorney General's Office said Monday that a Lakeland public records advocate has the right to access information about Polk County School District employees and dependents.
In a letter to state Sen. Paula Dockery, R-Lakeland, Assistant Attorney General Lagran Saunders wrote that a public records request by Joel Chandler was reasonable. Read the full article here.
Four Florida officials indicted for corruption
Man Wins Public Records Fight with Polk Schools
November 1, 2008: Joel Chandler doesn't exactly fit the gadfly profile.
A married man of 23 years, Chandler has four children, sells copy machines and has attended one County Commission meeting in his life.
But what sets him apart is an overriding desire to hold governmental agencies accountable after being served with a public records request. Read the full article here.
Editorial: Floridians deserve more access to their government
October 30, 2008: A panel appointed by Gov. Charlie Crist has done its part to make government more open and responsive to the public.
Turning its recommendations into law will require commitment to reform by the governor and state legislators. And, unfortunately, that's not a sure thing. Read the full editorial here
Rule could affect availability of court information in Fla.
October 28, 2008: When Leah Leblanc of West Palm Beach discovered that a restraining order against her ex-husband had been dropped without her approval, she wanted to know how.
For nearly 20 years, the office has provided recordings of court proceedings to the public for a small fee.
Now a rule proposed by a Florida Bar committee could drastically restrict the availability and diminish public access to court information across Florida.
Under the proposal, people like Leblanc may not be able to get recordings. Instead, they may have to buy a transcript of a hearing. Hearings and trials open to the public could have a steep price tag once they're over. Read the full article here.
Records panel urges Florida to collect less personal information
October 22, 2008: State agencies would have to justify gathering personal information on you, and let you see what the government has on you, under proposals made Tuesday by a special panel studying Florida's "sunshine" laws.
Chairman Barbara Petersen, head of the First Amendment Foundation, said the Legislature annually grapples with many public-record exemptions. She said the Fair Information Practices Act could prevent some of that debate. Read the full article here.
Eglin: Val-P's FOIA request will cost $1.5 million
October 8, 2008: Valparaiso Mayor Bruce Arnold came to a meeting with base officials armed with three attorneys and the Freedom of Information Act lawsuit the city has filed but has not served. He left without pulling the trigger.
Eglin Air Force Base wore a $1.5 million armored vest. The base denied Valparaiso's request last week for expedited processing and waived fees, and shared the price tag for the information this week. According to base estimates, the search for the requested documents will take 51,428 hours to complete at a cost of more than $1.49 million. Read the full article here.
Records lawsuit headed to a trial
September 27, 2008: A circuit court judge on Friday set Dec. 1 as the trial date for an open-government lawsuit filed against nine current and former city officials.
The lawsuit, filed in May by Sarasota activist Anthony Lorenzo, alleges that the officials violated Florida's Government in the Sunshine Law by sending e-mails from their private computers discussing public business and failing to retain copies of them.
Besides setting the trial date, Judge Robert Bennett again ordered two City Council members to pay for experts to retrieve e-mails from their personal computers. Read the full article here.
Senators to force disclosure of Alligator Alley privatization plans
September 25, 2008: Concerned the state is rushing to sell off critical infrastructure, Senators Dave Aronberg (D-Greenacres) and Burt Saunders (R-Naples) today demanded that the Florida Department of Transportation turn over documents relating to its decision to move forward with the privatization of Alligator Alley. Read the full article here.
Dems, Reps trade barbs over public records request
September 23, 2008: Republican and Democrat leaders traded barbs Tuesday over a large public information request the Christine Jennings camp made from supervisor of Elections offices in Manatee and Sarasota counties.
Republican party chairs from both counties held a press conference on the footsteps of the Sarasota County Supervisor of Elections office to categorize Jennings' request as an apparent strategy to win the District 13 Congressional race by litigation. Read the full article here.
Attorney for zoo files public records request
September 19, 2008: E-mails are pouring into the city about the controversy surrounding the private dealings of Lowry Park Zoo president Lex Salisbury.
They include correspondence from former zoo employees who allege the city doesn't know the entire scope of Salisbury's transactions. Read the full article here.
Venice officials reject deal on Sunshine suit
September 11, 2008: The city of Venice rejected a settlement offer on Wednesday in a four-month-old open government lawsuit against four City Council members and five other current and former officials. Read the full article here.
Red flags with ex-county employee go back three years
August 31, 2008: Three years ago, red flags about a former public works employee's association with private contractors began appearing, according to new documents unearthed by the St. Petersburg Times.
But the signs were disregarded by top county officials. Read the full article here.
ACLU Sues Santa Rosa Over Prayer; Seeks Records From Escambia Schools
August 28, 2008: The ACLU and two students have filed suit against the Santa Rosa County Schools over prayer, and NorthEscambia.com has learned that the ACLU has requested documents concerning prayer from Escambia County Schools.
The American Civil Liberties Union filed the lawsuit in federal court Wednesday against the school district, Pace High School Principal Frank Lay and Santa Rosa Superintendent John Rogers. The suit alleges that Santa Rosa County Schools “persistently and persuasively promote their personal religious beliefs in the public schools and at school events”. Read the full article here.
High cost to having a strong records law
August 27, 2008: We'll soon need a scorecard to keep track of all the Venice city honchos accused in a lawsuit of violating the state's open records laws.
The list includes city council members, a former mayor, advisory board members and former advisory board members. And we can assume roll call would be longer if only the plaintiff's attorney knew whom to subpoena. Read the full article here.
Smile. The city is watching
August 21, 2008: The city will soon install signs to make the public aware of video surveillance cameras that are set up in City Hall and other local government buildings.
The security cameras were installed per the direction of City Manager Michael Czymbor eight to 10 months ago, but there were no signs informing the public until the News-Leader made inquiries about the cameras late last week. Read the full article here.
Florida State must stop stonewalling
August 20, 2008: Not much sunshine in Orlando this week because of Tropical Storm Fay.
Not much Sunshine in Tallahassee either due to another tropical storm on the horizon -- a top-secret list of alleged NCAA violations.
The Sunshine we're talking about is the State of Florida's Sunshine Law, which Florida State is once again trying to finagle around amid an academic fraud scandal that has turned into a national embarrassment for the Seminoles and their athletic department. Read the full article here.
Judge orders Jefferson County tax collector to release public records
August 17, 2008: A circuit judge has ordered Jefferson County Tax Collector Lois Howell-Hunter to turn over public records that he said she refused to provide.
Circuit Judge L. Ralph Smith ordered the tax collector to turn over documents, including letters and contracts, as requested by Caroline Carswell, her opponent in the Aug. 26 primary election.
Smith wrote that Howell-Hunter offered no legal excuse for failing to comply with Carswell’s public records requests in June and July. Read the full article here.
Inappropriate e-mails sent by Collier County employees not subject to open records laws, judge rules
August 1, 2008: Collier County Circuit Judge Cynthia Ellis ruled Friday morning that not all personal e-mails exchanged on government-owned computers are subject to public review.
Hoping to force county officials to deliver all of the notes and e-mails surrounding an investigation into employees who allegedly distributed inappropriate or sexually explicit e-mails, attorney Doug Wilson remained optimistic after the ruling, even though he disagreed with it. Read the full article here.
Gables manager admits public records violation
July 30, 2008: Coral Gables City Manager David Brown admitted in court Wednesday that he tried to keep public records from a local columnist who had uncovered questionable charges on his city-issued Visa and said it was an error of judgement. Read the full article here.
City to fetter public records?
July 17, 2008: In an emotional exchange, the city attorney rejected Saturday a commissioner's insinuation that she had polled other commissioners to see if they would support changes in the city's public records policies.
Those proposed changes could delay public records requests from being filled and target those who make them, even commissioners, Commis-sioner Ron Sapp complained at the city's annual planning retreat. He suggested the effort by City Attorney Tammi Bach and City Manager Michael Czymbor was intended to stem the flow of information from City Hall. Read the full article here.
Lawyer wants more records following inappropriate e-mail firings
July 17, 2008: An attorney for four Collier County employees, who were fired for viewing questionable e-mails, filed suit against the county in circuit court for withholding public records.
Doug Wilson, representing Diane Deoss, Jo Thurston, Jesse Komorny and Kenneth Van Osten, alleges that he has been restricted from inspecting and copying public records. Read the full article here.
Inappropriate e-mail incidents in Collier County could prompt public records suit
July 11, 2008: A Naples attorney plans to file a suit against Collier County government on Monday over public records that he says weren’t released in a timely manner.
Representing several Public Utilities employees who were fired over the exchange of what was termed inappropriate e-mails, Naples attorney Douglas Wilson said “this is possibly the most overblown non-scandal in the history of Collier County government.” Read the full article here.
Public-Private Divide
July 9, 2008: Circuit Judge Robert Bennett demonstrated both common sense and a concern for Florida's public records law in a recent ruling regarding Venice officials' use of private e-mails to discuss city business.
The judge ruled during an emergency hearing June 30 that Venice Mayor Ed Martin, Vice Mayor John Moore and Councilman John Simmonds could remove communications from their personal computers that do not pertain to public business. Read the full article here.
Sunshine For Today's E-mails
June 28, 2008: Florida's open-government law is one of the nation's strongest. But the so-called Sunshine Law is partly to mostly cloudy in telling state and local public officials how to make their electronic communications available to the public.
That cloudiness can lead to abuse, misunderstanding and controversy.
An unfolding court case in Venice shows why the Legislature needs to clarify, improve and expand the Government-in-the-Sunshine Law in these fast-changing times of electronic communication, including e-mail and text messages. Read the full story here.
'Sunshine' suit may extend to advisory board
June 20, 2008: The ongoing lawsuit over alleged Sunshine Law violations by city officials is casting a long shadow over volunteer board members, too. But for now, they will not have to submit their personal computers to a search for public records. Read the full story here.
E-mail training is being called insufficient
June 18, 2008: Elected and appointed officials in Venice have not been adequately instructed on the requirements of Florida's open government laws, public records and interviews with city officials indicate. Read the full story here.
Defense Tries To Bar Release Of Records In Lutz Triple Homicide
June 17, 2008: The public defender for a man charged in the slayings of his girlfriend and her two children in their home has asked a judge to severely restrict the public release of information about the case.
Attorneys for media organizations, including The Tampa Tribune, asked Circuit Judge Manuel Lopez to prevent the restrictions. The judge said he will make his decision by Friday, when the first batch of prosecution records is supposed to become public.
In court cases, investigative material is shared with the defense through a process called discovery. Typically, the materials become public records as soon as they are shared with defense attorneys.
Assistant Public Defender Charles Traina asked the judge to withhold the discovery documents from the media. Read the full story here.
Nation watches open-records case
June 14, 2008: The open-government lawsuit involving Venice City Council members' e-mails on personal computers is drawing national interest.
Judges have ruled that private documents on public computers can remain private.
But a circuit judge's ruling in Sarasota County this week is the first time public officials have been ordered to turn over private computers to comply with public records requests, said Charles Davis, executive director of the National Freedom of Information Coalition at the Missouri School of Journalism. Read the full story here.
Judge: City officials must hand over home PCs
June 12, 2008: In an extraordinary move, a circuit judge ordered three Venice City Council members to let a computer expert retrieve government-business e-mail from their home computers.
Judge Robert Bennett did not specify how Mayor Ed Martin and council members John Moore and John Simmonds must comply with his ruling, which came at the conclusion of an unusual one-and-a-half-hour emergency hearing involving Venice's top public officials.
But he required the three council members to provide access to their private computers to ensure preservation of records that are at the heart of a suit over alleged violations of Florida's open government laws. Read the full story here.
