Okaloosa County Tourist Development Council — April 25, 2013 (meeting #1135) — reading text

the requestor where: (1) Available programs do not access all of the public records stored computer system; or (2) The information accessible by the use of available programs would include exempt information necessitating a special program to delete such exempt items; or (3) For any reason the form in which the information is proffered does not fairly and meaningfully represent the records; or (4) The court determines other exceptional circumstances warranting this special remedy. 2. Attorney records A contract between a public entity and its attorney and documentation for invoices submitted by the attorney do not fall within the work product exemption set forth in Section 119.071(1)(d), Florida Statutes, unless th litigation strategies or legal theories In that event, the exempt material may be redacted from the invoice and the remainder must be disclosed. Smith & Williams, P.A. v. West Coast Regional Water Supply Authority, 640 So.2d 216 (Fla. 2d DCA 1994). 8 Packet Pg. 81  2.B.1.a Only those records prepared exclusively for or in anticipation of litigation or adversarial administrative proceedings are exempt from disclosure. City of North Miami v. Miami Herald Publishing Company, 468 So.2d 218 (Fla. 1985); City of Miami Beach v. DeLapp, 472 So.2d 543 litigation or adversarial administrative proceedings, even if other issues remain. Seminole County v. Wood, 512 So.2d 1000 (Fla. 5th DCA 1987), review denied, 520 So.2d 586 (Fla. 1988). Where a claimant pursues a portion of a judgment against a county through the state legislative claims s litigation file. Wagner v. Orange th County, 960 So.2d 785 (Fla. 5 DCA 2007). Attachment: Sunshine Law Public Records and Ethics (1641 : Sunshine law) 3. Financial records Budgets and working papers used to prepare them are normally subject to inspection. Bay County School Board v. Public Employees Relations Commission, 382 So.2d 747 (Fla. 1st DCA 1980); Ward v. Bennett, 340 So.2d 977 (Fla. 2d DCA 1976); City of Gainesville v. State ex rel. International Association of Fire Fighters Local No. 2157, 298 So.2d 478 (Fla. 1974). Generally, all financial information received by an agency is subject to the provisions of the Public Records Act. Wallace v. Guzman, 687 So.2d 1351 (Fla. 3d DCA 1997). 4. Investigation records of non-law enforcement agencies Investigative records made or received by public agencies are usually open to inspection. State ex rel. Veale v .City of Boca Raton, 353 So.2d 1194 (Fla. 4th DCA 1977), cert. denied, 360 So.2d 1247 (Fla. 1978). The investigative exemptions set forth in paragraphs (2)(c) through (f), (h) and (i) of section 119.071(2), Florida Statutes, are solely for law enforcement records, and therefore do not apply to investigations conducted by agencies outside the criminal justice system. Douglas v. Michel, 410 So.2d 936 (Fla. 5th DCA 1982), questions answered and approved 464 So.2d 545 (Fla. 1985). D. Regulation Or Limitation Of Inspection And Copying Any policy which attempts to dictate additional conditions or restrictions on access to public records is unlikely to be upheld because the Public Records Act has preempted any local regulation. Tribune Company v. Cannella, 458 So.2d 1075 (Fla. 1984), appeal dismissed sub nom., DePerte v. Tribune Company, 105 S.Ct. 2315 (1985). to public records. State ex rel. Davis v. McMillan, 38 So. 666 (Fla. 1905), Microdecisions, Inc. v. Skinner, 889 So.2d 871 (Fla. 2d DCA 2004). The custodian may not deny a request to inspect and/or copy a public record because of lack of specifics of a request. Lorei v. Smith, 464 So.2d 1330 (Fla. 2d DCA 1985), review denied, 475 So.2d 695 (Fla. 1985). 9 Packet Pg. 82  2.B.1.a Although the Public Records Act does not contain a specific time limit to comply with a public records request, the Florida Supreme Court has stated that the only delay in producing records is the reasonable time allowed the custodian to retrieve the record and delete those portions the custodian asserts are exempt. Tribune Company v. Cannella, supra. An unreasonable and/or excessive delay in producing public records can constitute an unlawful refusal to provide access to public records, thereby subjecting the custodian to criminal prosecution. Town of Manalapan v. Rechler, 674 So.2d 789 (Fla. 4th DCA 1996), review denied, 684 So.2d 1353 (Fla. 1996). Attachment: Sunshine Law Public Records and Ethics (1641 : Sunshine law) An agency may not refuse to permit inspection or copying of a public record because the records are not in the physical possession of the custodian. Tober v. Sanchez, 417 So.2d 1053) (Fla. 3d DCA 1982), review denied sub nom., Metropolitan Dade County Transit Authority v. Sanchez, 426 So.2d 27 (Fla. 1983). E. Effect Of Statutory Exemptions The cases are very clear that the Public Records Act is to be liberally construed in favor of open government, and exemptions are narrowly construed so they are limited to their stated purpose. , 674 So.2d 909 (Fla. 4th DCA 1996). An agency which claims an exemption from disclosure bears the burden of proving the right to the exemption. Florida Freedom Newspapers, Inc. v. Dempsey, 478 So.2d 1128 (Fla. 1st DCA 1985). III. ETHICS A. Definition of Public Officer A "public officer" is defined in Sections 112.313(1) and 112.3143(1)(a), Florida Statutes, to include persons "elected or appointed to hold office in any agency, including any person serving on an advisory body." B. Section 112.313(3), Florida Statutes, contains two prohibitions, the first of which prohibits a public officer acting in an official capacity from directly or indirectly purchasing, renting, or leasing realty, goods, or services for the person's own agency from a business entity of which the person or the person's spouse or child (or any combination of them) is an officer, partner, director, proprietor, or the owner of a "material interest." The second prohibition in 112.313(3) is against a public officer or employee acting in a private capacity to rent, lease, or sell any realty, goods, or services to the person's agency, or to the political subdivision served by the person, or any agency of the political subdivision. 10 Packet Pg. 83  2.B.1.a Advisory board members may receive a waiver in a particular instance by the appointing authority, made in a public meeting after a written disclosure is made on Commission Form 4A. C. Conflicting Employment and Contractual Relationships Section 112.313(7), Florida Statutes, prohibits a public officer or employee from having a contractual relationship or employment with an agency or a business entity that is either subject to the regulation of, or doing business with, the officer's or employee's agency. Section 112.313(7), Florida Statues, also prohibits a public officer or employee from having a contractual relationship or employment that will create a "continuing or frequently Attachment: Sunshine Law Public Records and Ethics (1641 : Sunshine law) recurring" conflict of interest, or that would "impede the full and faithful discharge" of public duties. D. Misuse of Public Position Public officers, public employees, local government attorneys, and "privatized" chief administrative officers of political subdivisions may not corruptly use or attempt to use their official position or any property or resource within their trust, or perform their official duties, to secure a special privilege, benefit, or exemption for themselves or another. F.S. 112.313(6). In order to have acted "corruptly," one must have acted "with reasonable notice that conduct was inconsistent with the proper performance of her public duties and would be a violation of the law or the code of ethics." Blackburn v. Commission on Ethics, 589 So.2d 431 (Fla. 1st DCA 1991). A determination that one acted corruptly must be supported by substantial competent evidence. Kinzer v. Commission on Ethics, 654 So. 2d 1007 (Fla. 3d DCA 1995). The standard of proof is clear and convincing evidence. Latham v. Florida Commission on Ethics, 694 So. 2d 83 (Fla. 1st DCA 1997). E. Gifts Law Public officers, public employees, local government attorneys, "private" charter school board members, "privatized" chief administrative officers of political subdivisions, and candidates for nomination or election are prohibited from soliciting or accepting anything of value to the recipient based on any understanding that the vote, official action, or judgment of the official, employee, attorney, or candidate would be influenced thereby. F.S. 112.313(2). Public officers, employees, local government attorneys, and their spouses and minor children are prohibited from accepting any compensation, payment, or thing of value when the official knows or, with the exercise of reasonable care, should know that it is given to influence a vote or other action in which the official was expected to participate in his/her official capacity. F.S. 112.313(4). 11 Packet Pg. 84  2.B.1.a F. Voting Conflicts Pursuant to Section 112.3143, Florida Statues, a voting conflict arises when the official is called upon to vote on: any measure which would inure to the officer's special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom the officer is retained or to the parent organization or subsidiary of a corporate principal by which the officer is retained; or which the officer knows would inure to the special private gain or loss of a relative or business Attachment: Sunshine Law Public Records and Ethics (1641 : Sunshine law) associate of the public officer . . . . If there is a voting conflict under the terms of the statute, a local official holding