An appeals court Wednesday said an Indian River County School Board textbook committee violated the state’s open-government Sunshine Law but a committee that reviewed school library books did not.
Sunshine Law
Sidestepping Executive Privilege, Appeal Court Sides with DeSantis on Records Denial, Calling Request ‘Overly Broad’
The appeal stemmed from a public-records request, filed by a person identified in court documents as J. Doe, seeking information from DeSantis’ office about influential conservatives involved in discussions about appointing Florida Supreme Court justices. In a subsequent lawsuit, Leon County Circuit Judge Angela Dempsey rejected the public-records request on a series of grounds, including that the governor had “executive privilege” that could be used to prevent release of certain documents.
DeSantis Lawyer Argues Governor’s ‘Executive Privilege’ Places Him Above Public Record Law
In a case that could have far-reaching implications for the state’s public-records laws, an appeals court heard arguments Tuesday in a challenge to a judge’s ruling that “executive privilege” shields Gov. Ron DeSantis’ administration from releasing records. During Tuesday’s arguments before a three-judge panel of the Tallahassee-based 1st District Court of Appeal, the plaintiff’s attorney said that the constitutional right to public records does not include an exemption for the governor’s records.
Sally Hunt and Christy Chong Suggest Locking School Board Meeting Doors for Security and ‘Buzzing’ In People
Sally Hunt made her evasive comment during a workshop after Board member Cheryl Massaro proposed that the board reevaluate the need for a $48-an-hour school resource deputy at each of its workshops. Hunt and Board member Christy Chong suggested locking the board room door during meetings, until they were told the meetings had to be kept accessible to the public at all times.
Palm Coast Searches for Its New Attorney In the Open. School Board Chooses Secrecy.
The Palm Coast City Council and the Flagler County School Board are searching for new attorneys to represent them in two very different ways. The council is conducting its search entirely in the open, ensuring that all related documents are public, providing them on request, and interviewing the firms in open forum. The school board, in contrast with its own precedents and with all other local governments, possibly in violation of law, is not.
School Board’s Christy Chong’s ‘Cause’ Letter to Fire Attorney Is a Tissue of Fabrications, Petty Grievances and Cluelessness
The six “causes” Flagler County School Board member Christy Chong listed as reasons to fire attorney Kristy Gavin come nowhere near “just cause” as defined in Gavin’s contract. Rather, they’re petty, inaccurate, gossipy and falsified grievances that have more to do with Chong being out of her depth, her embarrassment, her hatred for the press and her contempt for transparency and the public than anything to do with the quality of Gavin’s work in nearly two decades of representing the board.
Florida’s Sunshine Law Is Dying
The battle, mostly lost, is not those individual exemptions to the Sunshine Law. It’s the totality of what’s been lost over the years: a presumption of openness has been replaced by the reverse, thanks to an unspoken but very effective bureaucracy of secrecy by process. The secrecy isn’t explicit. Most of your average government gatekeepers would never think of themselves as suppressing information. But the rules they have in place, allowing them to delay, obfuscate, censor and charge a ton of money before they comply, amount to the same thing: secrecy as standard operating procedure.
Lawsuit Blames DeSantis for Wresting Control from FDLE to Keep Travel Records Secret
A legal battle has intensified about public records related to travel by Gov. Ron DeSantis, as The Washington Post accused the governor’s office of taking “control” of Florida Department of Law Enforcement compliance with the state’s Sunshine Law. A lawsuit about the records has roiled the FDLE, resulting in whistleblower complaints and the ouster of two high-ranking officials.
In Lawsuit Settlement DeSantis Administration Will Stop Censoring Covid Death Counts and Vaccinations
The DeSantis administration has agreed to release years of previously suppressed data about Covid’s spread in Florida to settle a lawsuit filed by a former state House member, a government openness group, and news organizations. The Florida Department of Health will resume posting on its website details of vaccination counts, case counts, and deaths weekly by county, age group, gender, and race in the future.
Here Are the 3 Lawsuits Against the District the School Board Will Discuss Behind Closed Doors Tuesday
When the Flagler County School Board meets behind closed doors early Tuesday afternoon, a meeting that may at least in part be in violation of state law, it will discuss three pending lawsuits against the district, and potential settlements in two of them, including an employment discrimination lawsuit scheduled for trial in federal court in December.
Flagler School Board Wants ‘Standing’ Closed-Door Meetings Every 3 Months. That Would Be Illegal.
The Flagler County School Board directed its attorney to schedule “standing” closed-door meetings every three months to get updates on litigation facing the district. Such meetings would be illegal, as was the board assuming the authority to set such meetings, according to Florida law and a veteran local government attorney.
Flagler School Board Members Meet Behind Closed Doors to ‘Debrief’ Until Attorney Breaks Them Up
All five Flagler County School Board members met behind a closed door after a press conference this morning, until the school board attorney, who had been unaware of the meeting, broke them up. One of the board member insists no business before the board was discussed, and that the meeting was intended only to tell the superintendent she had done a good job at the press conference.
Where DeSantis Goes and Who He Sees Is None of Your Business: Lawmakers Approve Secrecy
The Florida Senate on Wednesday approved a controversial measure that would shield travel records of the governor and other state leaders. The proposal also would withhold from the public names of certain guests at the governor’s mansion.
Palm Coast Mayor Suggests Candidates Be Criminal-Background Checked. Council Isn’t Interested.
A proposal by Palm Coast Mayor David Alfin to criminally-background check all future candidates for council drew more cautions and concerns from other council members and zero support, prompting him to withdraw it “until or unless it’s discussed in the future,” he said.
Flagler Beach Rejects Realtor’s Odd Bid to Run City Information Website Only He Would Own
Increasingly troubled by a perceived if amorphous failure of communication between the city and residents, the Flagler Beach City Commission considered then rejected the possibility of contracting with a local Realtor to run a city-related website, then opted to develop a new Facebook page and launch a new app on Monday.
DeSantis Administration Violated Public Records Law With Snub of Migrant Flight Data Request
A Leon County circuit judge Tuesday ruled that Gov. Ron DeSantis’ administration did not comply with the state’s public-records law after an open-government group sought records about a controversial decision to fly migrants from Texas to Martha’s Vineyard in Massachusetts.
DeSantis, Transportation Department and Contractor Sued Over Records on Migrant Flights
The Florida Center for Government Accountability filed a lawsuit last week against Gov. Ron DeSantis and the governor’s office and this week against against the Florida Department of Transportation and a state contractor, alleging they did not comply with public-records requests stemming from controversial flights of migrants to Martha’s Vineyard in Massachusetts.
seeking to force the release of records relating to
DeSantis Signs Records Expungement Bill
After the measure received unanimous approval in the House and Senate, Gov. Ron DeSantis on May 12 signed a bill that will expand minors’ ability to have arrest records expunged if they have completed diversion programs.
Sunshine Sunday: Keeping Open Government From Eclipse in Florida
Today, there are 1,138 exemptions to Florida’s open government laws, almost 200 more than 20 years ago, and growing. The public cannot simply rely on the good-natured commitment of those in government to safeguard transparency. Sunshine Week is the collective national effort to keep government doors to the public open, and its roots began in Florida.
Secret College Presidential Searches in Florida Would Open the Way to Corruption, Nepotism and Cronyism
Once again, certain legislators want to exert more control — not less — over the thoughts, actions and beliefs of local Floridians who are seeking higher education to improve their lives and the lives of their families.
Florida Department of Health Argues for Suppressing Covid Data in Public Records Lawsuit
The Florida Department of Health is trying to scuttle a public-records lawsuit seeking information about Covid-19, arguing that requested reports don’t exist and that the underlying data is confidential.
As Tempers Flare, Attorney and Flagler School Board Members Attempt Unprecedented Ban of Meeting’s Recording
Flagler School Board Attorney Kristy Gavin, School Board members Janet McDonald and Jill Woolbright attempted to ban recordings by a reporter and others of today’s daylong training workshop. A lawyer with the Attorney general’s office prevented the ban after a nearly 30-minute recess of the workshop.
Your Government Will Have a Harder Time Giving You Run-Around Over Public Records Thanks to New Law
Your government can’t drag you into court anymore if you file a request for a public document. Legislation now signed by Gov. Ron DeSantis has put an end to these “declaratory judgment” lawsuits.
Palm Coast Government Sets Special Meeting for Wednesday at 9 a.m., With Little Notice
Palm Coast City Manager Matt Morton Tuesday evening set a special meeting of the City Council for Wednesday morning at 9 a.m. in the wake of Milissa Holland’s resignation as mayor Tuesday evening. The meeting was noticed exclusively on the city’s webpage.
Sheriff Gualtieri: Cop “Who Shoots and Kills Another Is Not a ‘Victim’” and Cant’ Invoke Marsy’s Law to Hide Name
Pinellas County Sheriff Bob Gualtieri and the Miami Civilian Investigative Panel last week said they plan to file friend-of-the-court briefs at the Florida Supreme Court in a dispute about whether a 2018 constitutional amendment known as “Marsy’s Law” can prevent the release of officers’ names.
Florida Lawmakers Want Their Home Addresses and Phone Numbers Kept Secret
The House and Senate are advancing proposals that would create a public-records exemption for information about lawmakers, including their home addresses and phone numbers, but opponents question how the measures would interact with a requirement that lawmakers live in their districts.
State Puts Gag Order on Flagler Health Department’s Public Release of Covid Numbers in Schools
The state’s gag order falls as the Flagler health department was preparing to issue a weekly reports of cases in schools, and as a drizzle of covid cases continues to affect Flagler schools, with a few classrooms, individual faculty and students required to quarantine. The district intends to issue some of the information.
Florida Cops in Use-of-Force Incidents Are Not Shielded by Victims’ Rights Law, Judge Rules
Two Tallahassee police officers contended that the amendment should shield the release of their names because they had been victims in incidents that required the use of force — including a high-profile incident in which an officer shot and killed a transgender man.
Judge Weighs How Far Marcy’s Law Protecting Victims May Go to Shield Cops’ Identities
The city of Tallahassee and media organizations on Monday tried to persuade a circuit judge that a 2018 constitutional amendment aimed at protecting victims’ rights does not allow police officers involved in use-of-force incidents to keep their identities secret.
Florida’s Police Union Wants Cops’ Identity Kept Secret Under Victims’ Rights Law
Keeping secret the identity of a police officer who shot a black crime suspect might seem anathema during a national time of reckoning about police brutality and racial disparity. But that’s what a Florida police union is seeking.
Volusia/Flagler Chapter Marks ACLU’s Centennial With “Future Voters Essay Contest” and $500 Prize
The American Civil Liberties Union (ACLU) ‘s Volusia/Flagler chapter is celebrating the ACLU’s 100th birthday with an essay contest open to all students, with a $500 prize and publication of the winning essay in FlaglerLive.
FDLE Lacked Oversight of Employees’ Text Messages and Use of Personal Devices for State Business
Florida’s top law enforcement agency did not have safeguards in place to ensure text messages sent and received by its employees were retained as required by state law, according to an audit released last week.
Obscenities Aside, Kimberle Weeks Appeal May Come Down to Judge’s Baffling Decree on ‘Public Meetings’ Definition
Circuit Judge Margaret Hudson refused to allow a definition of “public meetings” during ex-Elections Supervisor Kim Weeks’s trial last year even though both defense and prosecution wanted a definition, which went to the heart of the case. That’s now a central plank in Weeks’s appeal.
Palm Coast Makes Candidates’ Campaign Finance Reports Accessible Electronically
Palm Coast candidates for office’s campaign finance reports will finally be accessible to the public through the web, free of charge, through the Flagler County Supervisor of Elections’ website.
Barbara Petersen, Fierce Open Government Advocate for 25 Years, Is Stepping Down From First Amendment Foundation
Barbara Petersen’s retirement from the First Amendment Foundation, after 25 years, takes place as legislators have piled up 1,122 exemptions to Florida’s open government laws.
Judge Dismisses Lawsuit Seeking To Block Florida Cabinet From Meeting in Israel, Out of Sunshine
The lawsuit, filed by the First Amendment Foundation and four major news organizations, accused the governor and Cabinet members of “willfully violating the law.”
Open Court Proceedings Require NRA-Backed Gun Litigants To Be Named, Florida Argues
Attorney General Pam Bondi’s office is asking a federal appeals court to reject arguments that two 19-year-olds should be able to remain anonymous in a challenge to a new state gun law.
Supreme Court Clears Release of Parkland Massacre Videos School Board Sought to Block
The order sides with a coalition of news organizations and ordered the release of footage from the afternoon of Feb. 14, when 17 people were killed at the school.
Fearing Lawsuit, a Commissioner Questions Streaming Government Meetings
A deputy clerk in Bunnell and a city commissioners wanted to end streaming government meetings from fear of getting sued until the city attorney saw an overreaction.
Bunnell Short-Lists Six Men For City Manager, But May Have Violated Sunshine Law
The Bunnell City Commission short-listed six city manager candidates out of 18 outside of a public meeting, a method courts have found to violate the Sunshine law.
State Objects to Anonymity of 19 Year Old Woman Seeking to Join NRA Lawsuit
Lawyers for Attorney General Pam Bondi asked a federal judge to deny the anonymity request, calling it unjustified, and open court proceedings more important.
Jury Finds Ex-Elections Supervisor Kimberle Weeks Guilty On All 7 Felony Counts of Illegally Recording Others
Former Flagler County Elections Supervisor Kimberle Weeks was found guilty on felony counts that she illegally recorded other officials during her tenure.
Kimberle Weeks Trial Day 3: Defense Opts Against Putting On a Case, Relying on Outlier Theory Instead
In an echo of Kimberle Weeks’s own irreverence toward established law, her lawyers are arguing an untested and unusual interpretation of what amounts to a public meeting: all conversations between public officials involving public business.
Palm Coast Mayor Milissa Holland’s State Of the City Address at Community Center
The full text of Palm Coast Mayor Milissa Holland’s State of the City Address at an event produced by the Observer Tuesday.
The Selling of Palm Coast:
Mayor’s State of the City Speech: $40 a Plate, Sponsors Sought, Profits Go To The Observer
Palm Coast Mayor Milissa Holland headlines a State of the City event at the city’s new community center in April, but for $40 a ticket. The for profit event is produced by the Observer, which will take all earnings.
Court Allows ACLU’s Public Record Fight Over Police Tracking of Cell Phones
The ACLU requested the records from Jackson as part of a broader inquiry in 2014 into the Sarasota Police Department’s use of what are known as “Stingray” tracking devices.
Secret Hospital Inspections Revealing Errors and Mishaps and May Become Public at Last
The federal government has proposed requiring that accreditors release reports on the problems they find during hospital inspections. Right now, the reports are secret.
Lawmakers Back Secrecy for Murder Witnesses
Witnesses’ identifying information would remain secret for two years after the date of the incidents, except to prosecutors and police.
New School Board Chairman Trevor Tucker Calls For, and Gets, Half As Many Meetings
Relying on a faulty analogy with Duval County schools, Flagler County School Board Chairman Trevor Tucker wants the number of meetings cut from four to two per month, but wants these to be meatier than they’ve been. The board gave its guarded approval.
Gov. Scott’s Office of Open Government Barricades Itself
Florida once had one of the toughest sunshine laws in the country, and people were proud of that. But it’s no longer the case. Transparency has given way to talk–and barricades.