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Sheriffs, Prosecutor Clash Over Grand Jury Report FLAGLER COUNTY – Sheriffs in Investigation

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Sheriffs, Prosecutor Clash Over Grand Jury Report FLAGLER COUNTY – Sheriffs in Investigation THE BRECHNER REPORT Volume 31, Number 4 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 April 2007 Chief Justice: Secret cases are not widespread TALLAHASSEE – Secret court Bar to recommend changes to the rules for to do intentionally horrible things to records at the center of several news sealing cases. everybody in the world,” Lewis said. reports last year are not widespread, The investigation found that most The Miami Herald broke the story of according to Florida secret files were the result of secret court dockets in Florida, reporting Supreme Court Chief failure to follow the rules, on the problem in Broward County. Justice R. Fred Lewis. COURTS misinterpretation of the rules After public comment and a hearing on Lewis ordered an inquiry and miscommunication. the matter, the Florida Supreme Court will into the practice of secret dockets and “There weren’t really malicious, nasty, consider adopting new rules for sealing super-sealed cases and asked the Florida horrible people running around trying cases. Two commissioners charged Pilot program with violating Sunshine Law could be ready MONROE COUNTY – Two Monroe The next day, McCoy participated County commissioners have been in a radio interview and mentioned his starting May 1 charged with violating the Sunshine talk with Di Gennaro after the meeting. MANATEE COUNTY – The pilot Law. Mayor Mario Di Gennaro and When the show moderator asked if that program to restore electronic access to Commissioner Sonny McCoy each face was a Sunshine violation, McCoy said, court records in Florida could begin as a civil infraction carrying a “No, no. I doubt it. If it is, soon as May 1. Manatee County Clerk fine of up to $500. go ahead and bring charges.” of Circuit Court R.B. “Chips” Shore The charges stem from ACCESS State Attorney Mark Kohl volunteered to conduct the pilot program a September post-meeting wants the charges to send a and has been working on the details for the discussion regarding an MEETINGS message to other officials. “I past several months. upcoming mayoral election. hope every elected official in The Florida Supreme Court currently Di Gennaro and then-Mayor McCoy Monroe County clearly understands that has a moratorium on Internet access to allegedly had a brief conversation about I intend to enforce Florida’s Sunshine most court records until adequate privacy Di Gennaro’s plans to run for mayor. statutes,” Kohl said. safeguards are in place. Safeguards proposed by Shore include software to redact confidential information such as Social Security numbers and limiting access based on the type of user, FDLE concludes Cooper City from judges to public subscribers. If Shore’s plan is approved by the Florida Trial Court Technology commission dinners not illegal Commission and the Supreme Court, COOPER CITY – City commissioners violations of the Sunshine Law. Manatee County court records will be have been cleared of any criminal Commissioners had maintained they available for online viewing. The pilot wrongdoing in connection with their pre- broke no laws. Cooper City officials program is expected to last for one year. If meeting dinners and drinks paid for by ended their 15-year practice of dining successful, the program could be a model taxpayers. together before meetings after a South for other clerks of court. The Florida Department of Law Florida news station reported on the “If [the public] can access it from home Enforcement, citing lack of evidence, gatherings. as opposed to coming in here, it saves ended its three-month investigation of the A South Florida Sun-Sentinel resources,” Shore said. “For example, if Cooper City Commission. investigation found that commissioners you need something here on paper you Then-Gov. Jeb Bush ordered the FDLE spent more than $5,000 on the dinners in have to have a clerk get it. This program investigation of potential misspending and the past two years. will save money.” NEWSGATHERING Charges dropped against freelance photographer WEST PALM BEACH – Criminal camera from him outside the main The disorderly conduct charge was charges have been dropped against a elections office in West Palm Beach. dismissed in 2005. In exchange for the freelance journalist arrested in 2004 for Henry reportedly ran about 100 feet, fell dismissal of the remaining two charges, photographing voters waiting in line at and then was arrested. Henry waived his right to sue and will the polls. In effect at the time was a rule complete 15 hours of community service. James S. Henry, 56, was arrested on preventing journalists from coming “I would have liked to have seen an charges of disorderly conduct, unlawful within 50 feet of voters outside polling outcome more supportive of the First solicitation of voters and resisting arrest sites. Amendment as I understand it,” Henry told without violence. Henry said he was about 125 feet The Palm Beach Post. “But I’m delighted A sheriff’s deputy tried to take Henry’s away from voters at the time of his arrest. the case has been resolved.” COURTS CONTINUED Sheriffs, prosecutor clash over grand jury report FLAGLER COUNTY – Sheriffs in investigation. The grand jury did not relied too much on “emotionally charged four counties spoke out to the media, indict Tanner on any charges. The grand characterizations of lawful acts” and calling for the opening of a secret grand jury’s report has been sealed because opinions. jury report on a prosecutor’s inquiry into Tanner, based in Volusia County, argued Tanner argues that the grand jury did not the Flagler County Jail. that the report is improper and unlawful. have the authority to investigate him and State Attorney John Tanner began After the sheriffs’ call for unsealing that it received the investigation after its an investigation of abuse at the jail, but the report, Tanner requested parts of the term had expired. stepped down after some questioned his report containing some of his objections State Attorney Harry Shorstein, of Duval motive for the probe. Tanner’s daughter be released. County, began the investigation of Tanner alleged she had been mistreated at the jail These court documents suggest the and argues it was always part of the larger after an arrest. grand jury reprimanded Tanner for his investigation. The result was a grand jury review behavior. The documents also include The report will remain sealed unless a of Tanner’s conduct during the Tanner’s argument that the grand jury judge rules it should be released. DOJ wants plea deals offline Consent agenda MIAMI – The Department of Justice to identify government informants, wants to halt online access to federal plea according to The Miami Herald. draws criticism agreements, a move already taken by Who’s A Rat (whosarat.com) is a ALACHUA – The practice of federal courts in South Florida. Though subscription site that claims to be the placing items on a “consent agenda” the plea agreements in South Florida are “largest online database of informants – allowing Alachua city commissioners not available on the Internet, they are still and agents.” to automatically approve items without available at courthouses. The DOJ recommended the ban public discussion – is the target of a Judges and attorneys have expressed on electronic access to federal plea lawsuit alleging Sunshine Law violations. concern about a Web site that uses agreements in a December letter to the Residents who attempt to speak on court records such as plea agreements U.S. Judicial Conference. consent agenda subjects are ruled “out of order” at commission meetings. But residents do have the option of requesting Hall of Fame nominees sought consent agenda items be transferred to th the regular agenda for public comment. In celebration of its 30 anniversary, freedom of information and government The city commission voted to deny the the Brechner Center is currently seeking in the sunshine. To obtain a nomination requests of two people who asked for a nominations for the Florida Freedom form, visit www.brechner.org. consent agenda item – the minutes of the of Information Hall of Fame. The Hall The Brechner Center inducted an 2006 election Canvassing Board – to be of Fame honors individuals who have 11-member inaugural class to the Hall of placed on the regular agenda. helped develop and defend Florida’s Fame in 1997. The inductees included the As a result of the denial, the pair Public Records Law, Open Meetings late Florida Gov. Lawton Chiles, Ralph has filed suit against the commission, Law, or the public access constitutional Lowenstein, Pete Weitzel and Joseph L. requesting the judge to stop the city amendment. Brechner, for whom the Center is named. from placing “matters of substance” on The deadline for nominations is July The second class of inductees will be th the consent agenda. The suit also seeks 1, 2007. Nominators must submit a honored at the Center’s 30 anniversary invalidation of the commission’s approval nomination form and a letter of support conference in the fall at the University of of the Canvassing Board minutes. describing the nominee’s contribution to Florida. 2 The Brechner Report April 2007 ACCESS RECORDS Charlotte inquiry shows bid woes Town passes CHARLOTTE COUNTY – Florida’s was budgeted at $2.725 million; the bid Public Records Law requires local was $2.699 million. A contract to dredge disclosure law governments to publish budget a creek was budgeted at $180,000; the bid information, but the practice may be was $179,462.06. The replacement of for developers costing taxpayers, according to a report stormwater pipes was budgeted at $1.39 by the Charlotte Sun. million; the bid was $1.382 million.
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