public records | The Health Law Firm Blog

Enforcing Your Right to Access Public Records

By Lance O. Leider, J.D., The Health Law Firm

Citizens of the state of Florida enjoy broad access to the public records created by state agencies. Those records range from information on state contracts to certain police records to information on state licensees. Almost all records created by or held by state agencies on you are considered public records with certain limited exceptions.

Access to public records is guaranteed by both Article I, Section 24, of the Florida Constitution and Chapter 119, Florida Statutes. Those laws state that every person has the right to access any public record made or received in connection with the official business of any public body, officer or employee of the state of Florida, subject to certain specific exceptions.

What to do if Your Records Request is Refused.

Public records requests can be refused for many reasons. […]

By The Health Law Firm|2024-03-14T10:00:50-04:00June 1, 2018|Categories: In the Know, Public Records, The Health Law Firm Blog|Tags: attorney's fees, custodial agency, Department of Health (DOH), Department of Health disciplinary files, destruction of public records, electronic records of discipline, Florida Administrative Code Rule, florida attorney, Florida Constitution, Florida lawyer, Freedom of Information litigation, Petition for Writ of Mandamus, police records, Privacy Act litigation, professional reputation, public records, public records litigation, public records requests, records on state contracts, records on state licensee, secret records, shadow file, shadow files, statutory exemption, Sunshine Act litigation, the health law firm, undisclosed shadow file|Comments Off

After Investigation Has Ended, Even Investigator’s “Mental Impressions” Are Subject to Release Under Public Records Act

The foregoing case summary was prepared by Mary F. Smallwood, Esquire, of The Administrative Law Section of The Florida Bar.

The City of Avon Park (“City”) terminated Michael Rowan’s employment as Chief of Police. In the subsequent administrative hearing, at issue was Rowan’s investigation of certain city council members and alleged deletion of certain information from his work computer.

An investigator with the State Attorney’s Office was called in to investigate those issues; he prepared a report of his findings. The City subpoenaed the investigator to appear as a witness at the administrative hearing on Rowan’s termination, and to bring his report, which the City wanted to rely on. The State sought a circuit court order quashing the subpoena issued to the investigator. It also sought to prevent disclosure of portions of the report which constituted mental impressions of the investigator. The circuit court granted in part and denied in part the […]

By The Health Law Firm|2024-03-14T10:00:54-04:00June 1, 2018|Categories: Administrative law, Public Records, The Health Law Firm Blog|Tags: Administrative Hearing, administrative law, adversarial administrative proceedings, litigation, mental impressions, mental impressions protected, public records, public records act, State Attorney's Office, subpoena|Comments Off