NCAA appeal struck down in Tallahassee

TALLAHASSEE -- The Florida Supreme Court refused to hear the NCAA’s appeal that documents related to an academic fraud case are not public record.

...

However, because the document was a communication with a state agency, a judge found it was subject to Florida public records law.

More here.

Fraternal Order of Police Sues City of Jacksonville, Florida

The Fraternal Order of Police has sued the city of Jacksonville, Florida, over an 85-point public records request last fall that has gone unfulfilled. Among the records sought are e-mails from Mayor John Peyton's staff and City Council members regarding a proposed 3-percent pay cut for the police union and other unions.

The city says the records need to be reviewed by attorneys and redacted for negotiating strategy information.

For more, click here.

Florida House Speaker Sidelines Proposed 911 Call Ban

Florida House Speaker Larry Cretul sidelined the so-called "Tiger Woods Relief Act," a bill to ban the release of 911 calls. Cretul said he not to push for the legislation after consulting with colleagues and media representatives. The move came on the first day of Sunshine Week and also comes after Gov. Charlie Crist said he would not sign the bill.

For more information, click here.

ASNE Names Winners of Local Heroes Contest

Suzanne Harris of Miramar Beach, Florida won the American Society of News Editors' Local Heroes contest. The contest honors individuals who fought tirelessly last year to make their state or local institutions more open and accessible.

When Walton County commissioners did not respond to Harris' e-mail requests for public documents, she sued. As part of the settlement, the commissioners placed the county under court scrutiny to comply with the state's Public Records Act, agreed to hold training annually for public officials and key staff, to use only official county e-mail accounts in its transactions, and to designate an employee as records management liaison officer.

Veronica Silkes of Landing, New Jersey, took second-place for founding Concerned Active Residents of Mount Arlington, a group of citizens concerned about tax increases ad expenditures in Mount Arlington. The group gathers public documents and shares information about borough affairs on its website.

Phil and Ellen Winter of Waynesboro, Virginia took third place. The pair gathered more than 100 pages of government documents after becoming concerned when they noticed the city failed to deposit their property tax check promptly. The documents showed the city treasurer allegedly had mishandled about $400,000 in city and state taxpayer money. Their tip to the local newspaper resulted in the treasurer's defeat in the fall election.

For more about the winners, click here.

Four States Propose Restrictions to 911 Call Recordings

In a troublesome shift away from transparency, Alabama, Ohio, Wisconsin, and Florida are proposing legislation to limit the media's access to 911 call recordings.

Alabama calls for all emergency recordings to be private and exempt from freedom of information laws unless a court order issues, although transcripts could be available.

Ohio would restrict 911 recordings, banning public access to recordings while allowing transcripts to be read on air. Ohio would levy monetary fines of $10,000 for violations by media outlets.

Wisconsin would keep all audio recordings confidential and would make transcripts available upon request. A proposed amendment would allow the media to inspect, but not copy or disseminate transcripts.

Florida would make audio recordings confidential unless obtained by court order, and would only release transcripts after 60 days.

For more information, click here.

Overhaul of Florida Sunshine Law Passes Senate Committee

A Florida Senate committee approved a bill to overhaul the state's Sunshine Law. The unanimous vote came despite objections lodged by lobbyists for the Florida League of Cities to key provisions of the bill, including the proposal to end charges for redaction of personal information as required by law by January 1, 2013.

Read more about it here.

Florida House Committee Approves Bill to Ban Release of 911 Calls

The Florida House Governmental Affairs Policy Committee voted to approve a bill to block access to 911 recordings. The measure would allow access to only the transcript of emergency calls after a 60 day wait.

The Florida AP reports Gov. Charlie Crist has indicated he would not sign the bill, if passed by the state legislature.

Click here for more information.

Florida Bill Proposes Significant Public Records Reform

A proposed "Open Government Act" could make it easier to get public records in Florida. The result of Gov. Charlie Crist's Commission on Open Government, the measure would be a sweeping move toward transparency in government.

The Palm Beach Post reports the bill would:

• Require government officials to get training in open records and meetings.
• Bar agencies from charging for copies of records that take less than 30 minutes to duplicate.
• Prohibit agencies from charging for redaction of information that is personal in nature and exempt from public records laws and prohibit charging for any redaction fees of any records after Jan. 1, 2013.
• Require that all new exemptions be reviewed every 10 years after the initial five-year-review currently required by state law.
• Set uniform penalties, and attorneys' fees, for public records violations.
• Give circuit court judges jurisdiction to issue injunctions to enforce open records laws.

Read more about it here.

The Tiger Woods Protection Act?

The Florida House Governmental Affairs Policy Committee will consider a bill that would block the release of 911 tapes and exempt them as public records. The proposal would allow only transcripts of 911 calls, but not the recordings, to be available 60 days after a request. Some are calling the bill the Tiger Woods Protection Act, noting how the November 2009 tapes gained through the state's open government laws lead to embarrassment for the professional golfer.

Under the current law, names, addresses and other identifying information is exempt from release.

Open government advocates say access to the recordings is necessary to gauge whether emergency service providers handle and respond to calls properly and in a timely manner. A 2009 three-part series by the Herald-Tribune shows how access to 911 calls is necessary to reveal systemic flaws by emergency call workers.

For more on the bill, click here.

Open Government Advocates Back Florida Suit

The NFOIC, the Florida First Amendment Foundation, and the John S. and James L. Knight Foundation for Freedom of Information have backed a lawsuit by Preston Colby against the Board of County Commissioners in Highlands County, Florida with $3,000 in grant money to pay filing fees. The suit seeks hand-written notes taken during government meetings.

The matter went to trial in February 2010, but no decision has been rendered yet.

For more information, click here.

Florida Baseball Lawsuit Challenges Secret Dealing Behind Economic Development Deal

The lawsuit stalling a $31 million renovation of Ed Smith Stadium in Sarasota, Florida, alleges that local government officials violated Florida's Sunshine Law by failing to conduct business in the open.

The lawsuit is a signature case regarding taxpayer-funded economic development deals that are negotiated in secret.

Read more about the lawsuit here.

Records Show Who Wanted to be the New USF Football Coach

The Tampa Tribune filed a public records request to find out who applied for the University of South Florida head football coach position after the university dismissed former coach Jim Leavitt.

Although Skip Holtz got the job, records show that the university received materials from coaches all over the country who were interested in the position, but not from Holtz.

Click here to find out who applied for the spot.

What French Toast Has to do with FL Commuter Rail Negotiations

A Florida state representative says the Department of Transportation used food names, like "pancakes" and "French toast" as the subject line in emails about the state's commuter rail negotiations in order to foil public records requests.

The DOT head counters, saying the food names were used simply to get his attention. But critics are skeptical, asserting that the DOT officials were actively circumventing transparency laws.

For more on the scandal, click here.

Examining the Breadth of Sunshine in the Sunshine State

A Florida representative has asked the state attorney general to determine if a regional economic development organization is subject to the state's open records and meeting laws.

Florida's Great Northwest, an economic development group designed to push workforce development in 16 northwest Florida counties, was not created by law or public agency, but it does receive federal and state money. The group maintains that it is exempt from the open meeting and open records law.

For more information, click here.

Florida Professor Sues EPA over FOIA Request for Asbestos Information

Miami-Dade College professor Mario Sanchez is suing the Environmental Protection Agency because it failed to release information about crushed asbestos pipe that was found on city property in 2005.  The property is slated to become the Veteran's Community Park.

Sanchez had filed a FOIA request seeking all EPA documents concerning the Marco Island property from January 2005 to July 31, 2008.  He claims his request was denied because people being investigated by the EPA might be embarrassed if the information becomes public.

The city spokeswoman says there is nothing to substantiate Sanchez's allegations.  

Get the full story here.

Rating the Responsiveness of Florida School Districts

Non-profit Sunshine Review recently conducted its Back-to-School guide for parents regarding the responsiveness of the state's school systems.  Although they found some exceptional cases like Orange County Public Schools, it also found instances where the records were difficult to obtain either because of cryptic responses, expensive costs, and bureaucratic attitudes. 

Check out the details here. 

  

Follow-Up: Nearly 3,000 PIN Messages Released in Florida

Following the revelation that public service commission aides had given their PIN access codes to a Florida Power & Light attorney, the Herald/Times obtained email records and instant messages of staff and commissioners at Florida's utility regulator. PIN messages allow the senders to bypass state servers.  

 Of the nearly 3,000 messages obtained, more than 2,400 are from Public Service Commissioner Nancy Argenziano.  Argenziano's seemingly stream-of-consciousness messages reveal her distrust of fellow commissioners.  Because Argenziano has been an outspoken critic of the PSC, Associated Industries of Florida has questioned her impartiality in a rate case and have called for the agency's inspector general to investigate her.  

Get more details here. 

Florida State Releases Academic Fraud Investigation Files

Following a favorable ruling for The Associated Press and other news-media organizations, Florida State released a 695-page transcript on an N.C.A.A. hearing regarding an academic fraud case spanning 2006 and 2007 and involving 61 athletes across 10 sports.   

The transcript included the testimony of the university president, T.K. Wetherell, as well as university professors and administrators, and Brenda Monk, a learning specialist hired to work with Florida State athletes with learning and physical disabilities.  In the transcript, Wetherell apologized for the actions of a "rogue tutor" and an instructor.  Wetherell also minimized the blame placed upon the athletes, who were found to have received answers to test questions and allowed tutors to type and write their papers.  Monk has since left the university and has filed a defamation suit against Florida State.  

As a result of the investigation, the N.C.A.A. put Florida State on probation, reduced scholarships, and revoked the record of all wins in which the affected athletes participated.  The school is appealing the vacating of the wins, but has accepted the remaining sanctions.  

Get the NY Times article here, which includes a link to the transcript of the N.C.A.A. hearing.  

Florida Council Member Bullies City Clerk into Resignation over Email Release

From the St. Petersburg Times comes this report about Seminole City Councilmember Tom Barnhorn, who wanted City Clerk Ginger Stilton to keep his emails private unless there was a specific request for them.  Barnhorn had asked Stilton for information on costs and methods for moving Seminole elections from March to November. Stilton provided that information not only to Barnhorn, but to all the council members, on the grounds that it was a record pertaining to government business.  Although Barbara Petersen of the Florida First Amendment Foundation says Barnhorn's request wasn't a technical violation of Florida's public records law, she said Barnhorn doesn't understand the term "confidential records" or how his request may be violating city policy.  

Stilton resigned from office without issuing an apology demanded by Barnhorn after he sent an email to Seminole City Manager Frank Edmunds blasting Stilton for "not show[ing] me the respect due an Elected Official."  

Trying to Keep Up with Technology

Florida Attorney General Bill McCollum's trying to keep pace with technology. Following the scandal surrounding three members of the Florida Public Service Commission who gave their Blackberry PIN numbers to lobbyists, which could mean communications sent outside the state record-keeping channels, McCollum proposed a measure encouraging state agencies to begin capturing any state-related communications that staff or officials receive via text messages.

For more information, click here.