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Judge Denies Motion to Dismiss Walton County

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Judge Denies Motion to Dismiss Walton County THE BRECHNER REPORT Volume 36, Number 8 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 August 2012 State high court orders mandatory electronic filings TALLAHASSEE – The Florida Though electronic filings currently are system operates from a paper world to an Supreme Court adopted new amendments optional, the order requires all attorneys electronic world,” Justice Pariente wrote to Florida’s court rules, requiring to comply with the mandatory electronic in the court document approving the pleadings and other documents to be filed filing requirements by Oct. 1, 2013, amendments. “In that effort, the Court with the court electronically. according to The Associated keeps at the forefront that our court system The amendments, which Press. must be accessible, fair, and effective.” were adopted unanimously, “The new rules and The requirements are not meant to apply also require lawyers to COURTS amendments to existing to individuals representing themselves, The exchange pleadings with rules we adopt represent Associated Press reported. each other electronically, The Associated an important step in this ongoing effort Source: The Associated Press, News Press reported. to change the ways that the judicial Service of Florida Judge orders Zimmerman’s statements released SANFORD – A judge ruled that keep the statements private. according to the Orlando Sentinel. statements made to police by George Circuit Judge Kenneth Lester, Jr., of In another challenge, prosecutors Zimmerman, the man charged in the the 18th Judicial Circuit, ordered the released the recordings of more than 100 shooting and killing of Trayvon Martin, statements released jailhouse phone calls made by 17, should be released to the public. within 15 days, Zimmerman during his time in Several media organizations, but refrained from ACCESS Seminole County Jail, after news including the Orlando Sentinel, releasing the names RECORDS organizations requested their requested the statements be disclosed of unidentified civilian witnesses in the unsealing, the Orlando Sentinel reported. despite attempts by the prosecution to case and Zimmerman’s phone records, Source: Orlando Sentinel FDLE finds Scott emails deleted accidentally TALLAHASSEE – A report released emails were missing, ended without maintain the email accounts. by Florida authorities concluded that Gov. “absolute certainty” that all emails written Scott administration officials said that Rick Scott and members of his transition or sent to Scott had been recovered, it would put at least 33,000 pages of the team did not willingly delete public according to The Associated Press. The transition documents obtained through records during the two-month period in Florida Department of Law Enforcement the investigation on the state’s Project between his inauguration and taking office. described the loss of emails as an Sunburst website, The Associated Press The 10-month investigation, which “oversight” by Scott’s top campaign reported. Scott requested following reports that officials and the private company hired to Source: The Associated Press Judge rules headlight flashing is protected speech SANFORD – A judge ruled that a prevent motorists from flashing after- headlight flashing at issue in the case, motorist who flashed his headlights to market emergency lights, according to according to the Orlando Sentinel. warn oncoming traffic of a speed trap the Orlando Sentinel. In the decision, A similar lawsuit, filed in Tallahassee could not be ticketed for his protected Circuit Judge Alan Dickey, of the 18th by Kinter’s attorney J. Marc Jones against speech. Judicial Circuit in Sanford, ruled the Florida Highway Patrol was thrown Ryan Kintner, 25, that individuals who flash their out in July. sued the Seminole FIRST headlights to communicate are Both the Seminole County Sheriff’s County Sheriff’s AMENDMENT engaging in First Amendment Office and the Florida Highway Patrol Office in 2011 after he received a speech protected by the U.S Constitution. stopped issuing tickets for such violations, ticket, alleging that law enforcement Dickey had earlier ruled that the state following the filing of the cases. had misapplied a state law designed to law at issue did not apply to the type of Source: Orlando Sentinel ACCESS RECORDS CONTINUED City of Vernon ordered to hand over public records CHIPLEY – A judge ruled that the according to The News Herald. Washington County, wrote that, “The city of Vernon must turn over records Reporters were asked to leave the bottom line is the whole purpose of about a meeting held in violation of council meeting before the regular governing in the sunshine is so the the state’s Sunshine Law. meeting was formally adjourned. public knows what is happening with In the lawsuit, the Washington The lawsuit also alleged a violation their governing officials.” County News, a sister paper of The of the state’s Public Records Law He ruled that the city had violated News Herald (Panama City), argued because the city failed to timely file or the Sunshine Law and ordered the city that an executive session held April 23 produce the transcript to the newspaper turn over a copy of the transcript to the to update council members of pending upon request, The News Herald newspaper’s attorneys within 10 days, litigation was a violation of the state’s reported. according to The News Herald. Sunshine Law and the tape of the In his ruling, Judge Chris Patterson, Source: The News Herald (Panama meeting should become public record, of the 14th Judicial Circuit in City) Florida State College corrects Times-Union decade-old Sunshine Law error files lawsuit JACKSONVILLE – Board members the college would correct its practice, of Florida State College at Jacksonville according to The Times-Union. against say they will now correct a Sunshine “If that doesn’t suffice, we were Law violation that has occurred for more obviously making a mistake,” mayor’s office than a decade. McCollum said. “We won’t The school provides let it happen again.” JACKSONVILLE – The Florida handouts and keeps audio ACCESS According to Pat Gleason, Times-Union filed a complaint recordings, reported The special counsel for open against Jacksonville Mayor Alvin Florida Times-Union, but MEETINGS government with the Florida Brown’s office, alleging violation of the practice of failing to Attorney General’s Office, the Public Records Law. keep minutes at its monthly workshops “If a gathering is subject to the Sunshine According to the complaint, called “strategic conversations,” as well Law, its minutes must be kept. Meetings the “action concerns the city’s as its budget workshops, came to light have to be noticed, they have to be open continuing refusal to release a after a series of exchanges between the to the public, and minutes have to be public record within a reasonable school’s officials andThe Florida Times- kept, regardless of how casual they are.” period of time, despite demands Union staff. FSCJ keeps minutes of its voting and from The Florida Times-Union,” Board of Trustees Chairman Jim operational meetings, according to The The Florida Times-Union reported. McCollum said he assumed audio Times-Union. The suit seeks to compel Brown’s recordings fulfilled the law, but said that Source: The Florida Times-Union office to provide documents related to the presentation of a budget proposal presented by Brown to the Jacksonville City Council on May 1. Probe clears Miami Beach The complaint references a May 16 request for documents officials of Sunshine violation related to the budget proposal, MIAMI BEACH – Prosecutors for meeting was paused in the moments after the mayor’s office said no the State Attorney’s Office in Miami- following the motion to the floor, The drafts were available hours before Dade cleared two city commissioners of Miami Herald reported. Reports said the the presentation, according to The allegations that they violated the state’s commissioners were seen “leaning in and Times-Union. It also mentions Sunshine Law. talking to each other.” Prosecutors did not a request made in late May for An investigation probe was launched report who originally filed the complaint. documents related to a new following a December 2011 meeting Although Wolfson acknowledged the courthouse. in which Miami Beach commissioners discussion, he said he did not remember “Every citizen has a right to Deede Weithorn and Jonah Wolfson the contents of the conversation, according inspect public records whenever unsuccessfully moved to fire City to The Herald. they want to,” said Times-Union Manager Jorge Gonzalez, according to Prosecutors said the witness statements Editor Frank Denton. “As the The Miami Herald. provided insufficient evidence of a crime. newspaper, we have a watchdog Several city administrators, including The investigation officially closed May 24. responsibility to inspect any records the assistant city manager, who overheard Gonzalez later submitted his that we want to.” part of a conversation between Weithorn resignation and stepped down from his Source: The Florida Times- and Wolfson, believed the pair had position as city manager in July. Union discussed official business when the Source: The Miami Herald 2 The Brechner Report August 2012 FREEDOM OF INFORMATION Pasco County Judge denies motion to dismiss School Board Walton County lawsuit DEFUNIAK SPRINGS – A judge the Northwest Florida Daily News. allows cameras denied a motion
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