Over the past several weeks, Robert and I have filed dozens of new public records lawsuits. All of these lawsuits stem from our in-person audits of public agencies and state contractors who are expressly subject to Florida’s Public Records Act.
In most instances, the records we were seeking to inspect were agency visitor’s logs. The reason we asked for those particular records is that we wanted to make it as easy as possible for public officials to comply with their obligations under Article 1, Section 24 of the Florida Constitution and Section 119.07 of the Florida Statutes.
Notably, Article 1, Section 24 of the Florida Constitution states:
“Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution.”
And Section 119.07 states:
“Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records.”
Since visitor’s logs are generally kept at the entryway of most agencies and are made available to the public when they arrive, compliance with Florida’s Public Records Act would simply involve nothing more than “sure help yourself.”
Unfortunately, most agencies failed our audit miserably. We had public officials playing twenty-questions, demanding ID, physically removing the visitor’s log or deliberately covering up the records with all manner of devices (napkins, clothing, etc.) and in several instances attempting to employ intimidation tactics. On more than one occasion we were surrounded by armed personnel and even followed out to our vehicle when we tried to leave. In numerous instances public officials went so far as to unlawfully access confidential databases in an apparent attempt to have us investigated.
In response to several lawsuits, defendants have essentially made the remarkable argument that we knew they were going to break the law and all we are doing is engaging in “gotcha” litigation. I love it when a defendant makes an admission as part of their defense.
Some defendants have argued that it was unfair for two citizens to just show up and ask to inspect records, because the personnel we made our requests to were not knowledgeable about their obligations under Florida law.
That dog won’t hunt. The idea that the Sheriff of a particular county should get a pass because the Sheriff failed to properly train the personnel that the Sheriff decided to make the custodian of a public record and that the Sheriff placed in a position in which the personnel would be certain to interact with the public, is just silly.
It’s hard for me to imagine a situation in which a public agency would be better situated to comply with Florida’s Public Records Act. Custodians have records that are immediately available; the custodians get to pick who will have control of those records, and; the custodians decide who will greet the public. If what we do is rigged-card-game, it’s rigged in favor of public officials. For those same public officials to now bellyache about “gotcha” litigation is almost funny, except they will now expend thousands of public dollars to defend their bad acts.
Ironically, the best course of action for defendants is simply to acknowledge their mistake and take corrective actions to prevent its repetition. At the earliest stages of litigation our legal fees are minimal. Produce the records; acknowledge that you are subject to Florida law; pay our modest legal expenses and it’s over. You’ll notice, we aren’t even asking for an admission of liability – just do the right thing – exactly what a judge is going to make you do anyway.
Instead, some agencies will blame-shift and run-up substantial legal bills trying to avoid their obligations under Florida law. And they will do it at taxpayer expense.
The Sheriff your describing sounds like Gary “The Andrew Washburn Rapist” Borders. The “free pass” gave it away as his pal judge Lawrence Semento presiding on case # 2012CA004187 owes Gary Borders big time for fixing the “jail logs” of his Texas mudering brother Glen Semento which brought the FBI into Lake County in November 2008. The undersheriff Peyton Grinnell often frequents the Gator Club events with the presiding judge Semento on this case and the State Attorney Brad King has a very, very long history in rendering aid the the defendant Sheriff Borders. Counsel for the Sheriff’s Office is Patricia Tierney Gross and married to William “Bill” Gross, assistant state attorney in the 5th District handling this case and under supervision of State Attorney Bradley Eugene King. “AIR GO the PASS”
Chandler vs. Lake County (case # 2012 CA004412) is no different. You are dealing with arrogance of the Lake County Attorney’s Office (handed over to the F.B.I. in 2011-present in a confirmed public corruption case) who has the judicial circuit in his pocket. Presiding Judge on this case Don Briggs owes the organized crime syndicate operating in Lake County for the removal of his girlfriend from his bed with her twin babies in place. It is no secret in Tavares that the “parking garage” directly behind Bob McKee’s office was built as a monument representing the deceased. Wht the removal of the body and placement in a different local than Judge Don Briggs bed? Cocaine……..
Chandler vs. Eustis Police (case # 2012CA004414) has a challenge as well. The chief “A.M. Cobb” as we Lake Countians call him is a former Lake County Sheriff but thats not all. The presiding judge on this case is William Gray Law with one hell of a closet full of criminal acts. For starters, Judge Law is well aware of his bailiff Deputy Derek Lynn Deland seen all of the world regarding his $ 100,000 dollar FEDERAL FRAUD CASE identified in a whistleblower law suit (case # 5:10-CV-79-OC-32GRJ) but has taken zero approach in firing, prosecuting and sentencing his bailiff. Judge Law and his Julie Roberts Law P.A. are the bandits who manipulated the the 5th judicial circus from 2000-present in the 9 YEAR OLD REPEATEDLY RAPED at the GREEN ISLE CHILDREN’S RANCH located in CLERMONT FLORIDA. Julia Roberts Law was the realestate attorney for Green Isle before, during and after the CIVIL RAPE TRIAL of the 9 YEAR CHILD FROM Sumter County Florida which HAS BEEN RECENTLY IDENTIFIED. Judge Law is well connected in the appeals court of Florida and “arrogantly states” he never looses.
Chandler vs. Fruitland Park (case # 2012CA002644) with presiding judge Mark Nacke was settled before trial. A good move for Fruitless Park and Nacke as the judge has a bit of a gambling problem and discovery would have proven that in open and things would went messy real quick from there. Besides that, the town with a seventy something employee RAPIST on the loose who seems to be invincible to arrest by Sheriff Gary Borders and an apparent “pass” for prosecution on the “SELF ADMITTED RAPES” by the accused; Fruitland Park has enough good publicity already and made the right move to settle with Chandler. {The RAPIST is former Mayor of Mulberry located in the Polk County Florida and has a bit of a nasty history in that town as well; his firing and personnel file proves it)
Good luck in the 5th District Chandler and happy gothchas!
The Library
Could not have said it better. You might look at 18 USC sec. 2721 – 2725. God speed.
Wait until you vist Tallahassee at the Florida Department of Environmental Regulation.
I’ll be in Tallahassee later this month. What should I be looking for?
I have had excellent luck when documenting requests in writing to a Larry Teich who is the DEP offical information provider. Since learning that I could simply ask, I tried multiple times asking a Tony McNeal such as on 11/20/12 and 12/19/12 for documentation such as drawings for a concrete “Sidewalk to Nowhere” built illegally during a litigation on the sandy beach in Fort Lauderdale and an illegal dune walkover structure built without permits at 1223 Hillsboro Mile in Hillsboro Beach. I get nothing.
Let me know if I can help.
I will try one more time on a duly acknowledged recorded phone call to Florida Department of Environmental Regulation and Mr. Tony McNeal. If he continues to stonewall the request for documents following the third request, I may have sufficient evidence to proceed legally.
Meanwhile, Tuesday’s commision meeting yielded:
15. LEGAL
a. Chandler Public Records Lawsuit
Town Attorney Doody provided a brief history of this case and was optimistic the court will
rule in favor of the town.
Seems like this attorney’s Errors and Omissions Insurance ought to kick in. Could you provide a link or a Pdf copy of the above case? I can take a hit when found guilty; in this case, the attorney renders legal advice to the town to the tune of $75,601.00–part time of course.
Following the readings of your writings, I recall paying $24.00 to the Police Department for 4-page poorly copied report and a CD ROM with some photographs on it. Although the photographs turned out to be priceless, the fee in retrospect seems absurd. Is it?
I think it’s important to put together an army of invesgators like yourself How about a few hour classes in the town you are working for the day. We needore of you with boots on the ground Feel free to call me 862-CORRUPT Thank You
I’d be happy to help anyone that would like to exercise their right to know. The more the merrier.
I agree with Glenn. We need to bring this corruption to an end. If we have many trained as Joel is we might be able to get some ones attention.