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June 2011 Audit: Fla THE BRECHNER REPORT Volume 35, 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 2011 Audit: Fla. leads nation in website transparency ALEXANDRIA, Va. – Non-profit other public information. School District, Lake County, Marion watchdog group Sunshine Review State and local governments who County Public Schools, Miami, Orange announced the results of a national audit received perfect scores were given County Public Schools, Osceola County of government websites, “Sunny Awards” for their School District, Palm Beach County, showing Florida as the transparency. Twenty-one Palm Beach County School District, national leader in website ACCESS winners were from Florida, Pinellas County, Polk County School transparency. RECORDS followed by Texas with 12. District, Putnam County, Seminole Using a 10-point Top-rated Florida County Public Schools, St. Johns County checklist, the Sunshine Review ranked government entities were: Brevard School District, St. Lucie County School more than 6,000 websites. The checklist County, Charlotte County Public Board, Sumter County and Volusia considered the ease of use of websites Schools, Duval County, Escambia County. and the availability of information on County School District, Hillsborough Source: Daily Commercial (Sumter budgets, contracts, open meetings and County Public Schools, Indian River County), Sunshine Review Court: Shield law protects reporter from deposition HOMESTEAD – The 3rd District Court whether through a public records request other sources, such as the city’s public of Appeal struck down a trial court’s order or a leak at the city. records custodian or other recipients compelling a television reporter to testify The appellate court, using the three- of the diskette. Also, Shehadeh didn’t in a deposition, citing Florida’s shield law. part test established by Florida’s reporter’s show that a compelling interest existed The deposition was related to a suit privilege law, ruled that Shehadeh could in questioning a reporter rather than between former Homestead City Manager not depose Burnside. seeking the information Mike Shehadeh and the city for breach The court found that from people who are not of an employment contract. Shehadeh while the first element SHIELD professional journalists. wanted to depose WTVJ-NBC 6 reporter of the test to overcome LAW “The record presented Jeff Burnside. the privilege was met—the here is precisely the kind Burnside had reported on a diskette he information was relevant to the case— of scenario in which the assertion of the received with Shehadeh’s personal text Shehadeh failed to meet the other two privilege should be upheld,” the court’s messages. elements. opinion stated. Shehadeh contended that he wanted Specifically, he did not show that the Source: WTVJ-NBC 6 v. Shehadeh to know how Burnside got the diskette, information couldn’t be obtained from (Case no. 3D10-3438) Teen’s attorneys want to keep cameras out of court FORT MYERS – Lawyers for a could negatively impact his right to a effect of having cameras in the courtroom 14-year-old boy accused of killing fair trial. “We believe the presence of with a 14-year-old child,” longtime his parents are asking a judge to keep television cameras will indeed prejudice criminal defense attorney Michael cameras out of the courtroom. the jury pool in the event this case goes Hornung, who is not associated with the Alexander Crain has pleaded to trial,” Brian Bieber, case, said. not guilty to two manslaughter an attorney for Crain, Florida’s laws on cameras in the charges for the December 2010 COURTS said. courtroom are some of the most access- shooting deaths of his parents. Some attorneys in Southwest Florida friendly in the nation. Crain could face up to 30 years in prison questioned whether a ban on cameras The party requesting cameras for each charge. Prosecutors are trying would be instituted by the judge, be excluded must prove the camera him as an adult. according to The News-Press (Fort coverage would have a substantial effect The case is still in the early stages of Myers). that is qualitatively different than other prosecution, but Crain’s attorneys fear “The judge has to weigh the public’s types of media. that allowing cameras at pre-trial hearings right to know against the detrimental Source: The News-Press (Fort Myers) ACCESS RECORDS CONTINUED Judge: Irions doesn’t have to turn over hard drive ST. PETERSBURG – After hearing to turn over his hard drives and the user records from the five years Irions also from both sides of a public records name and password for his Yahoo e-mail served as head of the county agency. The dispute, a circuit judge has declined to account or explain why he should not county authority hired a forensic audit force the former director of the Pinellas have to. Circuit Judge W. Douglas Baird company which last year reported that County Housing Authority to turn over later decided to allow the parties to Irions forwarded public e-mails to his his personal hard drives. continue discovery but not to force Irions private e-mail address and deleted e-mail Darrell Irions, chief executive officer to turn over his personal computer. from the government server. of the city housing authority and former The decision is part of a public records Irions denies deleting records and head of the Pinellas County Housing lawsuit filed by the county housing contends that he fulfilled records requests. Authority, was initially given 20 days authority against the city authority over Source: St. Petersburg Times Man sues Zephyrhills, claims book is public record ZEPHYRHILLS – A man is suing in purchasing the book for his mother, a sales tax.” Chandler calculated the city’s the city over the book Zephyrhills A to Z, longtime resident of Zephyrhills, thinks cost at $23.74 per book. claiming the city is overcharging for what that $29.95 plus tax is an illegal charge for City Manager Steve Spina he considers a public record. The book, a public records. The Public Records Law acknowledged that the printing cost was collection of microfilm, family histories, allows reasonable charges for records. $17.89 per book. “I don’t even mind interviews and newspaper clippings “The taxpayers have already paid for lowering the price,” Spina, who said he complied over a decade by city workers, is this book,” Chandler said. “The book’s considered the book more of a public available for $29.95 plus tax. just the format. They’re profiting from the service than a public record, said. Robert Chandler, who was interested production of a public record and charging Source: St. Petersburg Times Official faces records charges ACLU sues for DEERFIELD BEACH – A Deerfield nonprofit, allegedly solicited her brother Beach commissioner is facing five counts for a loan to purchase tax certificates school records of falsifying public records for failing to on delinquent properties owned by the COLLIER COUNTY – The properly disclose a conflict of interest. nonprofit. Her brother was reportedly American Civil Liberties Union Sylvia Poitier is accused of failing to to receive 10 percent interest from the (ACLU) is suing the Collier County properly reveal a financial relationship nonprofit for the loan. School Board for records related to a between herself, her brother and a The charges are first-degree 2009 “Kick-a-Jew-Day” incident at a nonprofit association that handles low- misdemeanors, each punishable by up to a middle school. income housing funds for the city. year in jail and a $1,000 fine. The ACLU alleges the school Poitier, on behalf of the housing Source: South Florida Business Journal board failed to comply with repeated requests for public records related to the incident involving 10 middle school Hillsborough County seeks students who imitated an episode of the television show “South Park.” The more uniform records policy “South Park” episode featured a satire TAMPA – Hoping to make public some tracked some things, other things on bigotry where elementary school records practices more uniform across not. There were also different ideas students held a “Kick a Ginger Day” the county, Hillsborough County about what were public records.” and kicked red-haired students. The commissioners unanimously approved After nearly a year of research, the Collier students were punished with one recommendations by a public records team issued recommendations for more day of in-school suspension. design team. consistent practices, including training Documents were provided in The team was led by county Tax a records custodian and alternate for response to the ACLU’s request for Collector Doug Belden and its goal is to each department, adopting a single fee records related to the incident, but they develop a “systematic, legally compliant, structure, spelling out when an attorney didn’t contain a description of what transparent and consistent process” for has to review a request and mandating occurred. The ACLU then requested responding to records requests. that nearly all requests be logged into a that the students’ disciplinary records be The problems that prompted the countywide computer system. produced with identifying information recommendations were based in part on Belden said the recommendations removed. The school district declined a countywide survey of agencies about should be implemented in six months. to produce the redacted disciplinary their processes for records requests. If the system is successful, Belden records, citing the federal student “Fees varied widely,” Jennifer Castro, said it could be a basis for statewide privacy law, the Family Educational Belden’s executive administrator, said. policy. Rights and Privacy Act (FERPA). “Some agencies had manual logging, Source: The Tampa Tribune Source: Naples News 2 The Brechner Report June 2011 FREEDOM OF INFORMATION New site tracks FOIA lawsuits Officials balk at SYRACUSE, N.Y.
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