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secrecy

Sunshine Sunday: Keeping Open Government From Eclipse in Florida

March 20, 2022 | FlaglerLive | 1 Comment

sunshine sunday open records 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.

Florida Lawmakers Want Their Home Addresses and Phone Numbers Kept Secret

March 31, 2021 | FlaglerLive | 6 Comments

“We’ve had some situations where people have gotten that public information and have used that to harass and picket and threaten us at our homes,” Kelli Stargel, the Lakeland Republican and bill sponsor, says. (NSF)

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

September 4, 2020 | FlaglerLive | 36 Comments

flagler health department covid

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

July 24, 2020 | FlaglerLive | Leave a Comment

law enforcement marcy's law

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

July 13, 2020 | FlaglerLive | 2 Comments

A lawsuit has exposed a broader conflict between two Florida constitutional amendments: Marsy’s Law and a decades-old government-in-the-sunshine amendment that established one of the nation’s broadest public-records laws. (© FlaglerLive)

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.

Public Health Officials Are Facing a Wave Of Threats and Firings Amid Coronavirus Response

June 13, 2020 | FlaglerLive | 10 Comments

A screen capture from a WFLA story on Rebekah Jones, a former data manager at Florida's Department of Health who says she was fired for refusing to manipulate data.

Rebekah Jones, a top Florida Department of Health data manager Gov. Ron DeSantis fired last month, is just one of many officials in 27 states who have been fired or been forced to resign over Covid-related matters.

HIPAA Heist: Lethal Privacy In the Age of Coronavirus

April 2, 2020 | Pierre Tristam | 14 Comments

magritte coronavirus,secrecy

Misapplications and misinterpretations of the federal medical privacy law known as HIPAA are conspiring to kill more of us than otherwise would die from the coronavirus. And officials are taking advantage of the law to cloak their failures.

When DeSantis Shut Reporter Out of Coronavirus Briefing, He Shut Out All Floridians

March 31, 2020 | FlaglerLive | 28 Comments

Gov. Ron DeSantis at Saturday's briefing on the coronavirus. (Via Florida Channel)

Gov. Ron DeSantis denying Mary Ellen Klas, a Miami Herald/Tampa Bay Times reporter in Tallahassee, access to his coronavirus press conference on Saturday was vindictive, petty — and illegal. It denied access to the Floridians who look to these media outlets for vital information.

Why Flagler’s Covid-19 Cases May Not Be What They Are: Infected Non-County Residents Are Not Reported Locally

March 16, 2020 | FlaglerLive | 28 Comments

The Florida Department of Health has a new web page tracking coronavirus cases across Florida, but the numbers are less transparent than they seem.

Flagler County may well have one, two or three confirmed cases of coronavirus. If those cases were confirmed in non-Flagler County residents who happened to be in Flagler County, you will not know about them locally, according to Florida Department of Health rules.

Barbara Petersen, Fierce Open Government Advocate for 25 Years, Is Stepping Down From First Amendment Foundation

June 30, 2019 | FlaglerLive | Leave a Comment

Barbara Petersen. (Facebook)

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.

County Prepares to Give One Company $680,000 Subsidy Over 10 Years, Dwarfing All Previous Incentive Packages Combined

June 27, 2019 | FlaglerLive | 28 Comments

A company that assembles and distributes furniture is set to sign an 'incentive' deal with Flagler County government worth $680,000 in subsidies over the next 10 years. The company would build the largest structure in the county, at 250,000 square feet. But the project has been kept largely out of public view. (Billie Grace Ward)

A furniture distribution company would build the largest structure in Flagler, a 250,000 square foot building, off U.S. 1 and provide 50 jobs in exchange for the $680,000 in direct subsidies over the next 10 years, an amount extrapolated from a largely speculative guess of how much the company would be taxed.

Floridians Have a Right To Access Medical Malpractice Records. Shands Sues to Prevent That.

May 30, 2019 | FlaglerLive | 1 Comment

Cloudy arguments. (Facebook)

Under Florida law, patients have the right to access adverse medical incident reports, which can play an important role in malpractice cases. UF Health Jacksonville says federal privacy law trumps Florida’s constitutional amendment.

How Flagler Government Bought the $1.1 Million Sears Building Nobody Wants, With Scarce Money Needed Elsewhere

March 20, 2019 | FlaglerLive | 53 Comments

The building nobody wants. (© FlaglerLive)

The Flagler County Commission ended up buying the Sears building even though it does not need it and does not have money to spare to buy it. The deal was the work of then-Administrator Craig Coffey.

Open Court Proceedings Require NRA-Backed Gun Litigants To Be Named, Florida Argues

September 26, 2018 | FlaglerLive | 4 Comments

Two teens are conflating the right to bear arms with the non-existent right to sue anonymously. (Martin Suhl)

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.

Fearing Lawsuit, a Commissioner Questions Streaming Government Meetings

July 23, 2018 | FlaglerLive | 3 Comments

bunnell commission

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.

Balking at Proposed Tax Increase, County Commissioners Offer Alternatives Outside of Public Meeting

June 26, 2018 | FlaglerLive | 27 Comments

Flagler County commisioners are offering up their budget suggestions to the county administrator outside of public meetings. (© FlaglerLive)

Flagler County commissioners want to cut a proposed budget increase but didn’t do so at a workshop, and plan to offer their suggestions outside of budget workshops.

Bunnell Short-Lists Six Men For City Manager, But May Have Violated Sunshine Law

June 7, 2018 | FlaglerLive | 11 Comments

The Bunnell City Commission drew up its shortlist of candidates for city manager outside of an official meeting. From left, John Sowell, John Rogers, Mayor Catherine Robinson, Bill Baxley and Elbert Tucker. (© FlaglerLive)

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.

Rejecting Manager-Favored Secrecy, Mayor Calls For Open Interviews of Palm Coast Council Candidates For Nobile Replacement

May 8, 2018 | FlaglerLive | 4 Comments

The search is on. (c FlaglerLive)

Twice in recent years the Palm Coast Council held closed-door interviews for seat replacements, an approach favored by Manager Jim Landon and rejected by Mayor Milissa Holland.

State Objects to Anonymity of 19 Year Old Woman Seeking to Join NRA Lawsuit

May 7, 2018 | FlaglerLive | 1 Comment

nra lawsuit secrecy anonymity

Lawyers for Attorney General Pam Bondi asked a federal judge to deny the anonymity request, calling it unjustified, and open court proceedings more important.

Florida Woman Seeks Anonymity in NRA Lawsuit, Citing Potential Threats to Her Safety

May 1, 2018 | FlaglerLive | 4 Comments

nra anonimity

The woman wants to join the National Rifle Association’s challenge to a new Florida law that made it illegal to sell guns to anyone under age 21.

With Social Media Surveillance, Flagler School District Is Breaching Community Trust

April 22, 2018 | FlaglerLive | 31 Comments

magritte le faux miroir social sentinel surveillance

With its contract with Social Sentinel, a social media snooping company, the Flagler school district is going into the secretive surveillance business for a much heavier cost than advertised.

Students Raise Concerns, But Flagler School Board Approves Social Media Surveillance

April 18, 2018 | FlaglerLive | 30 Comments

Flagler County Student School Board members Margaret O’Mahoney and Jessica Middleton posed most of the tougher questions about the district's contract with Social Sentinel Tuesday evening, ahead of the board approving its contract with the social media trolling company. (© FlaglerLive)

The Flagler County School Board Tuesday approved a three-year, $55,500 contract with Vermont-based Social Sentinel to troll eight different types of social media accounts.

Trial Day 2: Jury Hears Kim Weeks Insult Secretary of State and Others As Ken Detzner Sat in Witness Box

April 3, 2018 | FlaglerLive | 7 Comments

As Florida Secretary of State Ken Detzner, in office since 2012, sat in the witness box today, a Flagler County jury heard a recording of ex-Elections Supervisor Kimberle Weeks call Detzner and one of his his attorneys names. Detzner listened in stunned silence. (© FlaglerLive)

Florida Secretary of State Ken Detzner was a star witness for the prosecution today, saying Kim Weeks recorded him without his permission. he then heard her call him a “dumb bastard.”

Behind Closed Doors, Palm Coast Council Was Willing To Risk Big Loss Against McDonald Until Judge and Adjuster Set It Straight

March 15, 2018 | FlaglerLive | 11 Comments

There's always been an element of the personal in Dennis McDonald's chronic battles with Palm Coast. He ran for mayor in 2016. Milissa Holland bested him and others. She will now be among the council members deciding how to battle him through his latest lawsuit against the city. (© FlaglerLive)

Battles between Palm Coast government–the council and Jim Landon, the manager–and Dennis McDonald, the perennial critic, got so personal in a previous lawsuit, records show, that the city was willing to risk taxpayer money until it was forced to accept a settlement.

Nobody Knows How Many Kids Get
Caught With Guns in School. Here’s Why.

March 11, 2018 | FlaglerLive | 17 Comments

guns in schools

Lax reporting by schools, lax oversight by state and federal authorities make it nearly impossible to say just how many students get caught taking firearms into public schools each year.

Robert L. Emmanuel, 60, Is Murdered at His Home. Bunnell Police Refuse To Release Information.

November 17, 2017 | FlaglerLive | 25 Comments

Two views of Robert Emanuel, unfortunately drawn from police records. If anyone has more current images of Emanuel that can be substituted here, please email them to editor@flaglerlive.com. Emanuel was murdered in Bunnell, succumbing this week or last to injuries he suffered in a beating at his home in mid-September. The Bunnell Police Department is being mum on the circumstances of Emanuel's murder.

Robert Emanuel was the victim of a brutal beating at his home in mid-September, and died either this week or last, but Bunnell police has refused the sheriff’s assistance in investigating a case it may have bungled.

Secret Hospital Inspections Revealing Errors and Mishaps and May Become Public at Last

April 22, 2017 | FlaglerLive | 7 Comments

hospital secrecy

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

March 9, 2017 | FlaglerLive | 1 Comment

murder witnesses secrecy

Witnesses’ identifying information would remain secret for two years after the date of the incidents, except to prosecutors and police.

Gov. Scott Visiting With Flagler Commissioners Friday But County Keeps Meeting Veiled

January 26, 2017 | FlaglerLive | 12 Comments

Half the parking lot on the beach side at Washington Oaks Gardens State Park was carved out by the force of Hurricane Matthew's storm surge, and the dunes there were wiped out. A makeshift dune was built since, but more repair is needed. (© FlaglerLive)

As has been the case with previous such visits, the Flagler County administration did not send out notices about the governor’s visit to the county Friday, morning, his fourth since Hurricane Matthew struck.

Hillary Clinton May or May Not Have Raped a Child

October 29, 2016 | FlaglerLive | 42 Comments

A young supporter at a Clinton campaign rally in Orlando Friday, headlined by President Obama, just as news of the latest Clinton email revelations was breaking. (Hillary for America)

The FBI director’s McCarthyist revelations of more Clinton emails will change the trajectory of the presidential race some even as it underscores the emptiness at the core of a manufactured scandal.

Gov. Scott’s Office of Open Government Barricades Itself

September 15, 2016 | FlaglerLive | 6 Comments

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.

A Rape in Palm Coast, a Shooting in Flagler Beach, Yet Sheriff’s Office Suppresses All But Trickle of Information

September 7, 2016 | FlaglerLive | 8 Comments

sheriff's office censored

In a 24-hour span on Sept. 6, a woman reported twice being raped and a man reported being shot in separate incidents, both ending up at Florida Hospital Flagler, yet the sheriff’s office is suppressing all but a trickle of information on either case.

Appeals Court Sides With Florida Prisons in Public Records Dispute With Miami Herald

August 29, 2016 | FlaglerLive | Leave a Comment

florida prisons censorship

The Florida prisons department was required to provide item-by-item legal explanations for its decisions to black out information on public records requested by the Herald — a process known as redacting the information.

Florida Continues to Suppress Lethal-Injection Records in Face of Challenge by Death Row Inmates

August 24, 2016 | FlaglerLive | 3 Comments

florida capital punishment

Lawyers for seven Death Row inmates and the First Amendment Coalition of Arizona in June filed a subpoena seeking years of records related to Florida’s triple-drug lethal injection protocol, including the types of drugs purchased, the strengths and amounts of the drugs, the expiration dates of the drugs and the names of suppliers.

Citing “Public Policy Interests,” Florida Refusing to Disclose Information on Drugs Used in Lethal Injections

July 14, 2016 | FlaglerLive | 5 Comments

lethal injections secrecy florida

Lawyers representing seven Arizona Death Row inmates want information about the drugs used in Florida’s lethal-injection procedure, but corrections officials are asking a judge to keep the documents secret.

From DCF to Pam Bondi, Nothing But Contempt for Florida’s Sunshine Law

June 30, 2016 | FlaglerLive | 12 Comments

pam bondi

It’s been decades since Florida had an elected statewide official who paid much more than lip service to open government, and state and local agencies are taking advantage, showing more contempt than respect for the law, argues Florence Snyder.

Public Agencies That Violate Sunshine Law Must Pay Attorney’s Fees, Supreme Court Rules

April 14, 2016 | FlaglerLive | 1 Comment

attorney's fees sunshine florida

Justices rejected arguments that agencies should be shielded from paying plaintiffs’ legal fees if public-records requests are handled in “good faith.”

Citing Overreach, Senate Kills Public Record Exemption for Hunters’ Personal Information

February 18, 2016 | FlaglerLive | 6 Comments

hunters open records florida

Barbara Petersen, president of the First Amendment Foundation, welcomed the defeat of the bill, which she labeled “the Ted Nugent Act” because of publicity surrounding a bear hunt last year.

Hillary Clinton’s $675,000 Paean to Marie Antoinette, and Goldman Sachs

February 11, 2016 | FlaglerLive | 9 Comments

hillary clinton

Hillary Clinton’s instinct for secrecy keeps getting her in trouble, while the sense of entitlement that she projects through her tone-deaf explanations betrays a lack of connection with the very people she claims to represent most.

More Public Record Exemptions For Gun Owners, This Time For Hunters and Fishermen

February 10, 2016 | FlaglerLive | 1 Comment

sunshine law open records florida hunters fishermen

People getting hunting, fishing and boating licenses and certificates from the Florida Fish and Wildlife Conservation Commission would be shielded from public record disclosures.

Police Body Cams: Exemptions From Public-Record Disclosure Belie Intended Transparency

September 26, 2015 | FlaglerLive | 2 Comments

cops body cams

Police body cams were intended to improve accountability and public access to cops’ work. Access exemptions in Florida and many other states are instead countering their intended purpose.

Rick Scott, 1st-Ever Florida Governor Successfully Sued Over Sunshine Law, Settles for $700,000 in Taxpayer Dollars

August 8, 2015 | FlaglerLive | 14 Comments

gov. rick scott sunshine law violation

The suit alleged Gov. Scott and his staff, violated the Sunshine law when they created email accounts to shield their communications from state public records laws and then withheld the documents.

Ex-Supervisor Kimberle Weeks Billed Taxpayers $12,500 For 3 Lawyers and Misled Media

August 7, 2015 | FlaglerLive | 14 Comments

kimberle weeks costs

The bills include $5,000 to defend herself in a state investigation that resulted, after she resigned, in 12 felony counts against her. She charged the bills to taxpayers.

Flagler Chamber Launches School For Business-Minded Political Candidates, But Behind Closed Doors

July 31, 2015 | FlaglerLive | 18 Comments

The two-day school, held in private, will train a dozen potential candidates chosen by a secret chamber committee for their business focus. The sessions are scheduled for September.

Reporter Kicked Out: When Public Officials Abuse Florida’s Sunshine Law, With Lawmakers’ Blessing

July 22, 2015 | FlaglerLive | 1 Comment

lakeside medical center nancy smith

A “health district” run by public officials closes a public meeting under a bogus exemption to the Sunshine law, and gets a blank check to secretly talk about whatever it wishes, though it affects public policy.

New Laws Kick In This Week: Body Cameras, Drones, Abortion, Traffic Tickets, Secret Recordings, Flags

June 28, 2015 | FlaglerLive | 2 Comments

us flags florida manufacturing law

Florida’s record-setting budget goes into effect on Wednesday, along with 130 other new laws that were produced by the Legislature this year in the regular and special sessions and signed by Gov. Rick Scott. Here’s a run-down.

Flagler Court Clerk Throws a Switch, and Mass of Criminal and Civil Records Becomes Accessible Online

June 16, 2015 | FlaglerLive | 3 Comments

electronic records flagler clerk of court

Flagler County court records, from arrest affidavits to civil, criminal, county and probate court are now all available online, 24 hours a day, in a vast improvement of public record access ordered by the Florida Supreme Court.

Benghazi Revisited: Private Emails Reveal Ex-Clinton Aide’s Secret Spy Network

March 28, 2015 | FlaglerLive | 15 Comments

Emails disclosed by a hacker show a close family friend was funneling intelligence about the crisis in Libya directly to the Secretary of State’s private account starting before the Benghazi attack.

Secretary of Evasion: Hillary Clinton’s Entirely Non-Believable Email Spectacle

March 10, 2015 | FlaglerLive | 43 Comments

Hillary Clinton’s explanation Tuesday of why she used a personal email account for official business made little sense and worsens her credibility gap.

Senate Panel Easily Clears Bill Granting Secrecy to Top College and University Job Applicants

February 17, 2015 | FlaglerLive | 2 Comments

The Senate Higher Education Committee voted 7-2 to approve the measure (SB 182), which would exempt information about applicants for the jobs of president, provost or dean from the state’s open-records laws.

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