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Lawsuit Blames DeSantis for Wresting Control from FDLE to Keep Travel Records Secret

January 4, 2024 | FlaglerLive | 15 Comments

ron desantis secrecy
His planes travel above the law. (© FlaglerLive)

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.




The Post filed the lawsuit against the agency in July, months after seeking documents that included information about DeSantis’ flight records and travel vouchers for an FDLE employee.

An amended lawsuit filed Thursday added “the Executive Office of the Governor” as a defendant, pointing to events surrounding a contentious meeting between Janine Robinson, an FDLE attorney who advocated for providing the records, and DeSantis aides who demanded the documents be withheld.

A court record filed Friday by the FDLE said that Robinson is no longer representing the agency in the lawsuit and that she was being replaced by Gunster Yoakley & Stewart P.A. attorneys Joe Jacquot, Nathan Hill and Audrey Gangloff. Jacquot is a former general counsel for Desantis. Attorneys for the FDLE also asked for a scheduled Jan. 10 hearing to be delayed for 30 days because the new lawyers require “additional time” to prepare.

The Post’s amended lawsuit argued that “it has become apparent … that FDLE is not alone in its culpability for violating the Post’s rights.”




“The governor’s office has taken control over FDLE’s compliance with the Post’s requests, overruled the department’s (FDLE’s) legal interpretation, and directed the agency to renege on a promise to provide certain travel records and thus withhold public records to which the Post is statutorily and constitutionally entitled,” the news organization’s attorneys wrote in the amended complaint.

Leon County Circuit Judge Angela Dempsey in September ordered the agency to provide “all nonexempt public records” to the Post. The FDLE promised that it would disclose records such as an “18-page spreadsheet containing information related to the governor’s travel by plane,” according to the amended lawsuit.

But after the governor’s aides confronted Robinson about the records, the documents were not provided to the Post.

The amended lawsuit also pointed to a Nov. 28 email from Patricia Carpenter, a former deputy chief of staff at FDLE, to FDLE Commissioner Mark Glass detailing what took place at the meeting between Robinson and DeSantis aides and subsequent events linked to it.




Carpenter’s email, first reported by The News Service of Florida, said she was seeking whistleblower protection and complained that Robinson was denied a raise and a promotion because of the dispute with the governor’s office over the records. Carpenter was put on administrative leave and fired on Dec. 1. Carpenter’s boss — former FDLE Chief of Staff Shayne Desguin — also was put on administrative leave and forced to retire after tangling with DeSantis’ staff.

The revised lawsuit, which cited the News Service story, alleged that DeSantis aides’ interference with the production of the records makes the governor’s office, in part, responsible for providing them.

“The governor’s office thus wrested control over the responsive public records from FDLE, thereby giving EOG (the Executive Office of the Governor) constructive custody over those records and making it a custodian of these records” under Florida law, the Post’s lawyers argued. “That exercise of power may have occurred behind closed doors, but because it resulted in a violation of the Post’s statutory and constitutional rights, the law requires accountability.”

The meeting involved a heated discussion about the release of the documents after the Republican-controlled Legislature this spring passed a law shielding DeSantis’ travel records. The law applied retroactively.

According to Carpenter’s email to Glass, Robinson tried to convince DeSantis aides that the law did not exempt from disclosure all of the records being sought but that the governor’s staff “absolutely disagreed and explicitly directed that none of the records would be released.”




Robinson “was extremely upset and explained that she and COS (Chief of Staff) Desguin had been part of the team drafting this statute and what they were asking for was not the intent of this law or what is allowed by law,” the email said.

“Janine also noticed/informed EOG that she had already told press outlets what they would be getting regarding specific records and their outstanding public records requests. EOG‘s stance was let them sue, we will fight it in court and believed the court would be friendly to them. The meeting ended shortly after this discussion,” Carpenter wrote to Glass.

DeSantis spokesman Jeremy Redfern disputed Carpenter’s account.

“The governor’s office has received multiple complaints of this employee creating a hostile work environment,” he told the News Service last month.

–Dara Kam, News Service of Florida

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Reader Interactions

Comments

  1. bob says

    January 4, 2024 at 12:29 pm

    I do not trust him

  2. Jackson says

    January 4, 2024 at 12:53 pm

    “Why haven’t you gone directly after him?”

    Because DeSantis is a ball-less wonder. He’s too scared of Donald Trump to attack him directly. As are the rest of the 2024 Republican presidential candidates with the exception of Chris Christi.

    Desantis will never be president, period. He has acted like a dictator in his own state and is selling what no one wants outside of Florida. While Trump talks an evil game, Desantis has enacted those evils and has alienated and insulted anyone outside the hard-core MAGA base.

  3. Jim says

    January 4, 2024 at 12:57 pm

    First, I’d like to have the press ask the governor’s office to provide how many complaints, what the complaints were and when they were submitted to the governor (regarding Janine Robinson). How long has she been employed and what complaints pre-date the “disagreements” with the governor’s staff?
    Second, why is it that the governor so desperately wants to keep his travel secret from the public? I’m fine if the travel is not released until after the trip is complete. I’ve understood previously that was the concern. I don’t understand how you can argue “security” after the trip is over. The only logical explanation that comes to me is that the governor and his cronies would prefer that the public (taxpayers) are kept ignorant of how much money he’s spending on his trips and for what reasons. Frankly, what travel has the governor done in the last several months in his position of governor? From what I can see, it’s almost exclusively to run for president. Could it possibly be that our governor has spent our taxpayers money on any of this travel?
    Third, it amazes me that the party for “freedoms” and the self-proclaimed “leader” are interested in my freedoms only when it is convenient. What about my freedom to know what my government is doing, who their doing it to and how much their spending of my taxpayer money while doing it? Folks, we need to move on from worrying about the “transgender menace”, the “porn books” at our local schools, and all the other red herrings the Republicans put out there to divert our attention and start focusing on the important stuff! Florida used to be proud of the Sunshine laws; I don’t recall pre-WWII Germany having such laws in place. Look where that got the Germans….!!!

  4. Another Concerned Taxpayer !!! says

    January 4, 2024 at 2:30 pm

    Picture looks like his drag-queen pose

  5. Local says

    January 4, 2024 at 2:37 pm

    You republican bashers and maga basher amaze me at how ignorant you are….do you actually think Democrats do not do shady things? All politicians are corrupt…even the ones you don’t think are. Try bashing the whole government and not just one party. I personally prefer a Republican governor and so do a lot of transplants. That’s why people are coming here in droves. We cannot let this state become another California or New York. ” And to the REPUBLIC for which it stands” should say it all. California and New York are looking for some more residents to return if you’ve moved here from one of those states to get away from their politics. This was a great state but now it is filling up with whiners. I also agree we should be able to know where Desantis is flying to when he returns but that is the least of my worries….some people look for anything to nag about.

  6. Charles says

    January 4, 2024 at 3:16 pm

    Just look at his face he looks like a wise guy sneak. I wouldn’t trust anything the want to be mini Trump dictator says or does.
    He has his witch Dr. telling people not to get vaccinated, that is how several innocent people died in Florida the last COID out break.
    Only listen to your personal Doctor, not the one DeathSantis tells you to.

  7. Charles says

    January 4, 2024 at 3:19 pm

    DeathSantis won’t attack Trump he is hoping for a position with him if Trump gets re-elected which with all his crimes coming up I see little doubt Trump will make it past sing sing.

  8. Laurel says

    January 4, 2024 at 3:50 pm

    Jim hit the nail on the head.

    DeSanis is behaving no different from the Furry, Chong and Hunt trio, or is it the other way around? We have had the Florida Sunshine Law since 1967, which is to promote transparency to the Florida citizens so that they may understand what our government does for us. The Three Amigos have no respect for the Sunshine Law, and prefer to have meetings in private. When their counsel tries to explain to them that what they want to do is illegal, they harass her in hopes of her quitting, so that they may find someone who ignores the law and sucks up to them.

    DeSantis, who is Governor of our state, has no respect for our Sunshine Law. It’s just in the way of his agenda, kind of like the way our U.S. Constitution is in the way of Trump (except when it may work for him personally). DeSantis, and his staff are breaking the law by ignoring the Sunshine Law when there are requests for public documents that they refuse to provide. He wants to fight it. Why? He is very busy not being busy for the State of Florida, but flying himself and his entourage around the country running for President. What else might he be doing that he doesn’t want you to know?

    As Jim mentioned, we citizens are being bombarded with culture war nonsense to distract us from the laws they are quickly passing under the radar. These are the Neo-Repbulicans, and they have an agenda that we don’t need to find out about. Check out Florida SB 280, brought to you by Republican Senator Nick DiCeglie, which can be found at https://www.homerulefl.com. See how that fits into your daily life.

  9. MeToo says

    January 4, 2024 at 3:51 pm

    Nope! I wanna know where my hard earned tax $$ is going. I don’t care what party you are!

  10. Jim says

    January 4, 2024 at 6:42 pm

    I’m amused that you call being concerned about what our government officials are doing and why they are doing all they can to hide it is “nagging”.
    Do Democrats do shady things? Oh, yes. And I sincerely hope that any time that stuff is uncovered that the perpetrator gets punished to the full extent of the law. I wonder if you’d say the same for Republicans and MAGA?
    And speaking of MAGA, which you seem to be for…. Have you paid any attention to your leader, Donald Trump in the last 6 years or so? If not, you should check it out. The list is way too long to go through here but to hit some lowlights… Charged with 91 counts in relation to the attack on the Capital and attempts to void the election, recently convicted of rape and ordered to pay restitution, had (who knows how many?) secret/top secret documents at Mar A Lago and worked to deliberately hide them from the government. Showed top secret documents to people with no clearances, told an Australian secrets about our nuclear submarine capability, has promised to be a dictator (for only one day) if elected, had sex with a porn star while his (current) wife was having his most recent child, lied to all of us during the pandemic while well over 500,000 died, turned on our allies in Syria out of convenience which resulted in the Turks killing many of them thereafter, negotiated the horrible exit strategy in Afghanistan (didn’t consult or include the Afghan government, by the way) (also, not defending Biden’s handling of that either) and so many other noteworthy actions of greed, incompetence and just plain hate that I just don’t have time to enumerate….So just out of pure curiosity, are you prepared for a future where your leader is convicted of most, if not all of these charges? Are you prepared to accept the facts in those cases and move away from Trump? I’ll bet not.
    And by the way, maybe all politicians are corrupt as you say, does that mean that we citizens should just accept that and not demand better? Better check your water bottle, my friend. You’ve drunk waaaay too much of the Kool-Aid!!!

  11. David Schaefer says

    January 5, 2024 at 9:53 am

    Thanks Jim 😊

  12. Mothersworry says

    January 5, 2024 at 10:55 am

    Thinking about it, if the gov is spending a bunch of time traveling out of state, who cares?? At least then he is not screwing up the state as badly as he does when he’s here.

  13. Sherry says

    January 5, 2024 at 2:08 pm

    @local. . . you have said absolutely nothing except FOX talking points. . . mindless cut and paste!

    People move (retire) to Florida because it is “cheap”, pure and simple. If you are intelligent and educated, and want to build a high paying career, Florida is not the place to live.

    DeSantis is dishonest and corrupt! His extreme right winged policies are driving Florida to Fascism: book banning, xenophobic “Don’t Say Gay” laws, extreme abortion ban at only 6 weeks, etc. etc.

    The reasons smarmy desantis will never be President, are the same reasons he should not be governor.

  14. Sherry says

    January 5, 2024 at 2:16 pm

    Right On, Jim!

  15. Thomas Hutson says

    January 6, 2024 at 11:31 am

    DeSantis Lawsuit FDLE Records
    Voters in Florida wake up, nothing is going to come of this Lawsuit against our part time Governor Ron DeSantis, aka “Baby Mussolini”. At least not until his minions in Tallahassee grow some, this includes the Florida Supreme Court Justices! They are the ones responsible for changing our State Law (99.012(3), FS.) on “Resigning to Run” so this want-a-be President can hold his job for another 2 years. It allows him to charge off security and travel air fare to Florida Taxpayers. Oh, but “Baby Mussolini attends meetings and signs laws?? You believe that one? After his surrogate daddy beats him like a runaway step child he can come back to his minions, and his day job, they; love him. They can consol him for the remainder of his term, (Hey) maybe if his surrogate daddy wins, he might give him a job, Think of that! There is no doubt this was just another way “Baby Mussolini” can duplicate his Surrogate daddy at Florida Taxpayers expense. This want-a-be needs to get a life, most Americans have already seen through his Florida B-S, he is now a “LEGEND in his OWN MIND”!
    Nice try, these records are public records and must be kept, both for Federal Political Finance laws and Florida Election Laws. His political FDLE minions hiding the records from the Sunshine Law need to remember, the current laws will come after you long after “Baby Mussolini” is out of office. Remember the old adage, “YOU CAN RUN, BUT YOU CAN NOT HIDE”, the records will be made public at some point. It will not matter if you are in office or not, you and “Baby Mussolini” will have to answer for your actions.
    Knowing that our current Politicos and Judges in Tallahassee bow to “Baby Mussolini”, we Florida Taxpayers can wait you out.

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