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THE BRECHNER REPORT Volume 36, Number 6 A monthly report of mass media law in Florida Published by The Brechner Center for Freedom of Information College of Journalism and Communications University of Florida June 2012 News groups challenge sealing of Martin records ORLANDO—News organizations in following a request by Zimmerman’s claiming self-defense, in the Feb. 26 Florida have joined forces to challenge attorney to prevent the records release. shooting of Martin, 17. the sealing of records related to the The motion asks the court to prevent The court may prevent the release of the second-degree murder the sealing of any police records if their public release would create case against George reports, autopsy records, an imminent threat to the administration Zimmerman for the death COURTS and transcripts of witness of justice, if there are no alternatives for of Trayvon Martin. statements related to the protecting the defendant’s right to a fair The news organizations, including the case, which would be open under Florida trial and if closing the records protects the The Miami Herald, Orlando Sentinel and Public Records Law, according to The right of the person being tried, according The Associated Press, filed the motion Associated Press. to The Associated Press. in Circuit Court in Seminole County Zimmerman, 28, pleaded not guilty, Source: The Associated Press FAMU rescinds decision to let panel meet privately TALLAHASSEE – Five of the seven Open Meetings and Public Records Law. and said the panel should not be allowed to members of the Florida A&M University That decision was approved by the board skirt Florida’s Open Meetings Law. hazing committee, convened to provide with a 7-2 vote. FAMU created the panel following the recommendations to the university State law allows members of a board death of drum major Robert Champion, on hazing prevention, have resigned to bypass open meeting who died during what police have following a Board of Trustees decision not requirements for “fact- called a hazing incident. FAMU to allow the panel to meet privately. finding” missions. ACCESS has since suspended its band. The decision not to allow the panel to The change, however, MEETINGS It is now looking for a way to meet privately constitutes a reversal of would prevent rebuild the committee. an earlier decision to turn the panel into the panel from lawfully making any Source: The Associated Press, Tampa a fact-finding body so that committee recommendations to the board. Bay Times, Tallahassee Democrat, members would be exempt from Florida Gov. Rick Scott criticized the decision Orlando Sentinel Ex-Gainesville employee receives $40K records bill GAINESVILLE—A former city so that she could provide the Commission Friedberg requested all emails to of Gainesville employee who filed an on Human Relations with documents, and from her during her employment, employment discrimination lawsuit statements and other information about her her personnel file, records related to her against the city has been employment, according to The termination or resignation and a request told that she cannot receive Gainesville Sun. during her employment for medical leave. records from the city ACCESS The city of Gainesville told The city’s fee includes a “special related to that case unless RECORDS her that it would cost the city service” charge to review 150,000 emails she pays nearly $40,000. more than $39,000 to review for exempt information, according to The The employee, Erin Friedberg, 36, the records to determine if they contained Sun. made a request for records in late 2011 exempt information. Source: The Gainesville Sun Lawsuit alleges Sheriff ’s office destroyed records TALLAHASSEE—A lawsuit against materials related to the October 11, the request, according to the Democrat. the Leon County Sheriff’s Office claims 2010 shooting of officer David Mays, Circuit Judge Kevin J. Carroll, of the officials destroyed records related to according to the Tallahassee Democrat. 2nd Judicial Circuit in Leon County, a shooting investigation following the The lawsuit alleges Sgt. Brian gave the sheriff’s office 60 days to filing of a public records request. Pearson kept a “secret” file on Mays’ show cause why the attorney’s requests A Tallahassee attorney filed the investigation, including personal notes should not be granted, according to the lawsuit after the sheriff’s office failed and other materials, which he placed in Democrat. to hand over personal notes and other the paper shredder following receipt of Source: Tallahassee Democrat ACCESS MEETINGS Group wants biomass negotiations voided GAINESVILLE— A local nonprofit power the plant would produce. recorded. group has filed suit against the city of In their complaint, the group, “The state gives us a constitutional Gainesville, claiming that negotiations Gainesville Citizens Care, Inc., alleges right of access to meetings of the City in the purchase of a biomass plant the contract should be declared void Commission and it applies to the entire violated Florida’s Sunshine Law. because negotiations that led to the deliberative process, said Barbara In 2009, the Gainesville City contract signing were not open to the Petersen of the First Amendment Commission approved a contract public. Foundation. “If the City Commission for the purchase of a 100-megawatt In coming to an agreement, the group defers any part of that deliberative process biomass plant currently under claims that officials created an advisory to the staff, then our right of access construction on Gainesville Regional committee to make recommendations applies.” Utilities property, according to The on the proposed terms of the contract Gainesville officials claim the meetings Gainesville Sun. The contract included and that those meetings should have did not violate Sunshine Law. a 30-year agreement to purchase all the been publicly noticed with minutes Source: The Gainesville Sun Lake Wales official guilty of Sunshine violation BARTOW—Booker Young Jr., 81, office in Lake Wales, according toThe they returned, The Ledger reported. was found guilty of violating the state’s Ledger (Lakeland). Young was the only one of the three Sunshine Law for actions related to a Two other members left the meeting who spoke outside the public meeting, March 16, 2011 Lake Wales Housing with him, but Booker was the only one according to witness testimony. Authority Board meeting. charged and found guilty. County Judge Mary Catherine Green, During the meeting, Young stood Prosecutor Sharon Franklin argued for the 10th Judicial Circuit, fined Young up and invited other members of the that his actions constituted a private, $67 for the civil violation and ordered him board to go outside with him to discuss unnoticed meeting about Housing to pay $500 to the State Attorney’s Office problems related to the parking lot Authority business that was not recorded for investigation and prosecution costs. pavement of the Housing Authority’s or discussed in the public meeting when Source: The Ledger (Lakeland) School District abandons photo ID rule BARTOW—The Polk County the meetings were being held, according Although Florida Open Meetings Law School District abandoned its practice to The Ledger (Lakeland). prohibits individuals from being forced of requiring citizens to produce photo The driver’s licenses were then to provide identification to enter a public identification in order to attend meetings. scanned and compared to a Florida meeting, it is unclear whether that applies The School District created the Department of Law Enforcement to a public building, The Ledger reported. practice of requiring individuals to database of sexual offenders and The district dropped the requirement produce a driver’s license or other photo predators. If a person showed up without following a Ledger story detailing the ID as a safety precaution before allowing identification, that person was not practice. individuals to enter the building in which allowed to enter the building. Source: The Ledger (Lakeland) Space Coast Health Foundation Brechner.org Visit The Brechner Center’s website, wants litigation details sealed where you can find: BREVARD COUNTY— Attorneys information related to damages and fees for Space Coast Health Foundation filed be withheld from the public. l Our Open Government Pledge, which several motions to prevent the release The foundation also requested a gag you can pass on to your elected officials. of records and testimony related to order be placed on Health First’s 7,000 an antitrust lawsuit it filed against the employees. l Florida lawmakers’ voting records on Brevard County-based Health First’s attorneys, open government issues. Health First healthcare joined by Florida Today, system. COURTS opposed the motions, arguing l Sample public records request letters. The suit, which was that many of the documents launched by the foundation formerly the foundation is seeking to withhold are l The Citizen’s Guide downloadable known as Wuesthoff in 2005, seeks the public and that excluding the press and PDF and video. forced sale of several of Health First’s public from court proceedings would hospitals as well as its insurance operation be a violation of Health First’s First l Details on open government in Brevard. Amendment rights. prosecutions in Florida dating back to Space Coast’s motion requested Source: Florida Today 1977. 2 The Brechner Report June 2012 2012 LEGISLATIVE REVIEW TALLAHASSEE – The following is customer identification, and employee HB 231 Meetings and Workshops/ a summary of bills pertaining to public wages. Rep. George Moraitis, Jr. (R-Fort Interlocal Agreements: Allows records and open meetings introduced Lauderdale). Signed by Gov. Scott May 4. interlocal boards or commissions to during the 2012 legislative session. Chief conduct public meetings and workshops sponsors of the bills are indicated in italics. CS/HB 1089 Exemption/Home by conference telephone, video or other Copies of the legislation in full are Addresses – DBPR & Tax Collectors: communications technology if the board or available at the Florida Legislature’s Creates a public records exemption for commission has member public agencies website (www.leg.state.fl.us).

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