PUBLIC RECORDS: EXEMPTIONS: VIDEO FOOTAGE CAPTURED BY SURVEILLANCE SYSTEM ON BUSES WAS EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT BECAUSE THE FOOTAGE RELATED DIRECTLY TO AND REVEALED INFORMATION ABOUT A SECURITY SYSTEM; STATUTES: STATUTORY CONSTRUCTION: UNNECESSARY TO ANALYZE LEGISLATIVE HISTORY OF UNAMBIGUOUS STATUTE

Central Florida Regional Transportation Authority v. Post-Newsweek Stations, ___ So. 3d ___, 40 Fla. L. Weekly D306 (Fla. 5th DCA January 30, 2015)

The court held that video footage captured by the surveillance system on buses was exempt from disclosure under the public records act because the footage “directly relates to and reveals information about a security system.” “Section … Click To Read Full Case Law Review...

PUBLIC RECORDS: TRIAL COURT ERRED BY DISMISSING PETITION FOR WRIT OF MANDAMUS, TO COMPEL PRODUCTION OF PUBLIC RECORDS, WITHOUT CONDUCTING A HEARING TO DETERMINE WHETHER DELAYED COMPLIANCE WAS REASONABLE

Consumer Rights, LLC v. Bradford County, ___ So. 3d ___, 40 Fla. L. Weekly D28 (Fla. 1st DCA December 17, 2014)

The petitioner made a public records request for the email addresses of all county employees. When the county failed to acknowledge the request after two and one half months, the petitioner sought mandamus in the trial court. The … Click To Read Full Case Law Review...

PUBLIC RECORDS ACT: ATTORNEY’S FEES FOR UNREASONABLE DELAY IN COMPLYING WITH REQUEST FOR PUBLIC RECORDS; APPEALS: SANCTIONS: FRIVOLOUS APPEAL: COUNTY WAS LIABLE FOR ATTORNEY’S FEES AS A SANCTION FOR FILING A FRIVOLOUS APPEAL, WHICH REARGUED THE SAME POINT UNSUCCESSFULLY RAISED IN A PRIOR APPEAL IN THE SAME CASE: APPELLATE COURT HAD JURISDICTION TO REVIEW, BY MOTION UNDER FLA. R. APP. P. 9.400(c), TRIAL COURT’S NON-FINAL ORDER THAT PETITIONER WAS ENTITLED TO ATTORNEY’S FEES FOR WORK PERFORMED ON FIRST APPEAL BECAUSE RULE 9.400(c) IS NOT LIMITED TO THE REVIEW OF FINAL ORDERS: APPELLATE COURT LACKED JURISDICTION TO REVIEW TRIAL COURT’S NON-FINAL ORDER THAT PETITIONER WAS ENTITLED TO ATTORNEY’S FEES FOR WORK PERFORMED IN THE TRIAL COURT AFTER FIRST APPEAL BECAUSE ORDER DID NOT SET AN AMOUNT: IF ARGUMENT IN THE SECOND APPEAL WAS THE SAME AS THE FIRST APPEAL, CONSIDERATION OF THE REARGUMENT WAS BARRED BY THE DOCTRINE OF THE LAW OF THE CASE: IF NEW ARGUMENTS WERE RAISED IN THE SECOND APPEAL IN SUPPORT OF THE SAME ISSUE ADJUDICATED IN THE FIRST APPEAL, THE NEW ARGUMENTS WERE WAIVED BECAUSE THEY SHOULD HAVE BEEN RAISED IN THE FIRST APPEAL: OPINION THAT IS PER CURIAM AFFIRMED LACKS PRECEDENTIAL VALUE: PER CURIAM OPINION POSSESSES PRECEDENTIAL VALUE

Orange County v. Hewlings, ___ So. 3d ___, 39 Fla. L. Weekly D2572 (Fla. 5th DCA December 12, 2014)

When the county imposed artificial barriers to avoid complying with the petitioner’s request for public records, she filed a petition for writ of mandamus and prevailed. Although the county did not appeal and complied with the order, the trial court … Click To Read Full Case Law Review...

CIVIL PROCEDURE: DISCOVERY: PUBLIC RECORDS: TRIAL COURT DID NOT ABUSE ITS DISCRETION IN DETERMINING THAT EMAILS WERE EXEMPT FROM DISCLOSURE UNDER PUBLIC RECORDS ACT BECAUSE THEY WERE PREPARED BY AN AGENCY ATTORNEY IN ANTICIPATION OF IMMINENT CIVIL LITIGATION; APPEALS: STANDARD OF REVIEW

Agrosource, Inc. v. Florida Department of Citrus, ___ So. 3d ___, 39 Fla. L. Weekly D2064 (Fla. 2d DCA October 1, 2014)

The appellate court affirmed the trial court’s ruling, after an in camera inspection, that emails prepared by the attorney for a government agency, in anticipation of imminent civil litigation, were exempt from disclosure under the Public Records Act … Click To Read Full Case Law Review...

PUBLIC RECORDS: TRIAL COURT ERRED BY SUMMARILY DENYING COSTS TO THE PREVAILING PETITIONER IN A PUBLIC RECORDS ACT ENFORCEMENT ACTION

Yasir v. Forman, ___ So. 3d ___, 39 Fla. L. Weekly D1924 (Fla. 4th DCA September 10, 2014)

The appellate court reversed an order summarily denying a motion to tax costs in favor of the prevailing petitioner in a Public Records Act enforcement action.  “In this case, the petitioner sent two public records requests before having to resort to … Click To Read Full Case Law Review...