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April 30, 2004


Doctor seeks gag order in civil suit: A new filing in a civil lawsuit prompts this story by Margaret Ann Miille of the Sarasota Herald-Tribune about a doctor whose patient died after breast enlargement surgery. Dr. Kurt Dangl, who is being sued by victim Julie Rubenzer's family and investigated by state health officials, wants a judge to stop her family and attorney from talking about the case, which has drawn national attention. The motion for an emergency gag order also asks "that the restrictions include a surgical technician who was in the room during Rubenzer's surgery and who will most likely testify as a witness. The unidentified man has appeared on ABC's Action News and 20/20, his face covered by a dark hood,” the story says. The Florida Department of Health severely restricted Dungl’s practice this month when it issued an emergency order saying he committed gross malpractice during the Sept. 25 surgery. The story says Rubenzer, 38, of Sarasota, received "a dazzling array of anesthetic agents given by singularly unqualified individuals" and never regained consciousness. She died four months later of pneumonia and brain damage from lack of oxygen. The public records handbook covers civil lawsuit case files on Page 82 and emergency orders involving physicians and other professionals starting on Page 143.

April 29, 2004


City won't drop liens on property of dead man: Public records on liens factor prominently in this unusual story by Patrick Whittle of the Sarasota Herald-Tribune about efforts to collect on $22,000 in liens placed on a property after the owner’s death in 1977. The state attorney’s office asked the North Port City Commission to drop the liens, but commissioners won’t budge. North Port records show that the city placed the liens starting in 2001 because the house had fallen into disrepair, with overgrown grass and uncontrolled debris. North Port records show that the city placed the liens on the property because the house on it had become an eyesore, with overgrown grass and uncontrolled debris. City officials weren’t aware of the owner’s death when it slapped on the liens and insist the man’s estate must still pay them. But there’s a hitch: No one will claim ownership of the property. And anyone who does will have to pay off the liens before the property can be sold, commissioners say. The public records handbook covers lien records on Page 266 and code enforcement board records on Page 87.

As Taser use grows, so do safety concerns: Police keep all kinds of statistics that are public record. Amy C. Rippel and Pedro Ruz Gutierrez rely on stun gun use records to help explore safety concerns surrounding the devices, also known as Tasers. “Since the Orange Sheriff's Office introduced the shock guns in 2001, Taser use has gone up dramatically among deputies. In 2001, Tasers were used 228 times, records show. By 2003, they were used 510 times, or 77.6 percent of the time over other forms of weapons, including chemical spray and guns.” The reporters explore Taser-related deaths and also review the frequency of taser use in some other Central Florida police agencies. The public records handbook profiles law enforcement use of force reports on Page 315 and medical examiner records on Page 28.

April 28, 2004


BSO district chiefs may have known about high case-clearance rates: Public records continue to raise more questions about how the Broward County Sheriff’s Office investigates and reports crimes. An analysis of case clearance reports by Shannon O'Boye, Jaime Hernandez and Paula McMahon of the South Florida Sun-Sentinel indicates district chiefs in the sheriff’s office “may have known that detectives were improperly clearing cases, but, because of the department's statistics-driven culture, lacked incentive to do anything about it.” The newspaper’s review of 11,000 burglary, larceny and auto thefts cleared in 2002 and 2003 showed the cases cleared by exception – those without an arrest or prosecution – jumped dramatically at the end of each month. Yet, instead “of challenging detectives who cleared more than 100 cases by exception, some district chiefs nominated the investigators for awards, boasting about their interrogation skills and high crime-clearance rates,” the story says. The sheriff’s office is being investigated on several fronts regarding how deputies report and classify crime and clear cases.

3 parking department workers suspended in probe of e-mails: Public records often provide insights on how public employees use their time and taxpayer resources. E-mail records reviewed by Andy Reid of The Tampa Tribune bolster this story about three city employees suspended after an investigation turned up e-mails of pornographic materials and racist references. Notes the story: “A review of city archives on Tuesday showed e-mails shared among various parking department employees that included nude pictures and jokes about ethnic groups.” One of the e-mails refers to ``bad towel-heads'' and ``good towel-heads,'' displaying a picture of Osama bin Laden and a naked woman with a towel wrapped around her head. The story says a letter to the mayor’s office from a parking facilities supervisor’s attorney raised employment discrimination issues. The public records handbook covers e-mail records on Page 140 and employee personnel files on Page 239.

April 26, 2004


Bridge builder deflects blame: A 28-page letter to the Florida Department of Transportation obtained by Jennifer Farrell of the St. Petersburg Times shows how a Canadian contractor is defending its work on the new Memorial Causeway bridge in Pinellas County. PCL Civil Constructors say a string of problems on the $69 million project isn’t its fault, blaming “the significant structural errors on engineering mistakes, either by consultants it hired to design the project or those who detailed steps for construction.” Problems with the bridge have jeopardized PCL’s ability to work on other state contracts. Meanwhile, the DOT is trying to sort out what went wrong. The story says problems include cracks in six of the bridge's 16 concrete support columns and severe scaffolding failures that damaged two separate spans. The story includes a link to a portion of the PCL’s letter. The public records handbook profiles Department of Transportation project files on Page 201.

Shuttered adult care owners plan to sue state: The pre-lawsuit notices that potential plaintiff’s file against state and local agencies are public record. The records advance this story by William Cooper Jr. of the Palm Beach Post about the owners of a day care center who plan to sue the state for false arrest and other claims. The state shut down the Dawson Adult Day Care Center last year after the owners – a mother and son – were charged with neglecting their patients. However, the Palm Beach County State Attorney’s Office later dropped charges against them, and the Dawsons claim they were victims of an overzealous Medicaid fraud investigator from the Florida Attorney General’s Office. “Dawson Adult Care was no stranger to state officials. Various state agencies, including the Department of Children and Families and the Agency for Health Care Administration, have files on the home and are familiar with the mother and son operation. Last week, the Agency for Health Care Administration said the Dawsons have accumulated $42,500 in fines for past violations, according to an agency spokeswoman.” This story also relied on e-mails from the State Attorney’s Office. The pre-suit notices are generally filed with the legal counsel for the state agency or local government involved.The public records handbook profiles Florida Agency for Health Care Administration files on adult day care centers on Page 156 and e-mail records on Page 140.

April 23, 2004


DCF shuts Homosassa day care center: Day care licensing documents help Colleen Jenkins of the St. Petersburg Times report this story about the state shutting down a Homosassa day care center for failing to comply with state licensing rules. Documents showed the closure of Enchanted Moments Preschool stemmed from the day care’s owner failing to exclude her son and husband from the business in violation with an agreement she reached with the DCF. This story also draws upon criminal court records and a criminal background check from the Florida Department of Law Enforcement. There’s also more records to come. The owner has requested an administrative hearing to protest the state’s action, which will result in more records being generated through the state’s Division of Administrative Hearings. The public records handbook profiles the offerings of day care licensing and inspection files on Page 76, criminal court records on Page 103, criminal background checks on Page 101, and documents surrounding the administrative hearing process on Page 143.

Agency blasted in abuse probe: A “blistering” letter from the state attorney in Fort Pierce to the head of the state’s child welfare agency over the handling of a child abuse investigation results in this Miami Herald story by Carol Marbin Miller. In his letter, State Attorney Bruce H. Colton accused Department of Children & Families caseworkers of ''coaching'' two children to falsely accuse their father of sexual abuse, causing a man “who may be innocent to lose his children, while an alcoholic, drug-addicted and neglectful mother was allowed to raise them.” the story says. Wrote Colton: “If the children are telling the truth in their latest statements, the children have been sent on a six-year roller coaster ride of reckless indifference by DCF from which they will probably never recover.'' The story notes that Colton's letter concerns an ongoing dispute between DCF investigators, caseworkers and attorneys in several Central and North Florida counties and Dennis Gaffney, the father of boys ages 16 and 10. The DCF’s Inspector General’s Office is investigating the agency’s action in the case. A PDF link to Colton's seven-page letter accompanies this story. The public records handbook covers inspector general records on Page 251.

House school subsidy would hit Palm Beach County hard: News stories about bills in the state Legislature abound right now as this year’s annual regular session heads for a finale next week. In this piece, S.V. Date and Kimberly Miller of The Palm Beach Post explore how proposals to change the state’s education funding formula stands to impact South Florida, which has traditionally benefited from the existing formula at the expense of the other areas. It may be, the story says, “Miami-Dade and Broward against everybody else” regarding the current proposals. You can find bills by topic and do your own tracking of key legislation through the state’s Florida Online Sunshine Web site. The public records handbook profiles the Web site on Page 216.

April 22, 2004


Charter school faces fraud charge: Jenny LaCoste of the Pensacola News Journal relies on a probable cause affidavit from the State Attorney’s Office for this report on an Escambia County charter school accused of taking “as much as $140,000 from the state to educate at-risk students who actually were working on road crews.” If convicted, Escambia Charter School could have to pay back the money to the state plus fines. Among the allegations in the affidavit: The students were in class for an one hour a day Monday through Thursday and spent the rest of the day working on roads, and school officials submitted false attendance records, course schedules and grade reports to obtain money from the Florida Department of Transportation. School officials deny any wrongdoing in the arrangement, which went on for at least 5 years, according to the story. The public records handbook covers criminal court records on Page 103.

April 21, 2004


DOT bridge review: Letters to and from state and local agencies are typically public records. A letter from the Florida Department of Transportation obtained by Jennifer Farrell of the St. Petersburg Times triggers this report about the DOT seeking to determine whether the new Memorial Causeway Bridge in Pinellas County is truly sound. The DOT’s letter to bridge builder PCL Civil Constructors demands a full review of the bridge by an outside consultant to prove it meets the building code. "That information, the letter states, is needed before any decisions can be made on how to fix the many cracked and misaligned sections of the $69-million state bridge … PCL promised to submit the initial review, from an outside engineering consultant, by April 30, according to a letter from the company to the DOT." The public records handbook profiles DOT project construction files on Page 201.

April 20, 2004


Lauderdale enclave immune to parking tickets, records show: Public records can help expose interesting applications of public policy. Parking-related records obtained by Brittany Wallman of the South Florida Sun-Sentinel underscore the city of Fort Lauderdale’s “willingness to bend the laws for the influential [Rio Vista] neighborhood, a near-downtown enclave of the well-to-do.” The story says Fort Lauderdale is known for a hard-line ticketing operation that includes the use of a collection agency “to go after out-of-state scofflaws.” But in Rio Vista, the story says, officials have voided or refunded thousands of dollars worth of tickets, reprimanded a police officer for issuing citations there and extended the grace period for the local homeowner's association to find their own solution on how parking problems should be addressed. The story notes the neighborhood is home to Mayor Jim Naugle and various “high-powered lawyers, doctors, and other wealthy residents.” The neighborhood association president – who “lauded the city’s spirit of cooperation” – points out that the neighborhood has some unusual parking problems because it was developed decades before families had multiple cars. The public records handbook covers personnel files of public employees on Page 239.

German billionaire’s assets released in Miami divorce proceedings: Divorce records are among the most important documents for researching individuals and their assets. Records obtained in Miami by Erik Schelzig of The Associated Press show German billionaire Alexander Otto earned $24 million after taxes and expenses last year. Otto’s American wife, Carrie Otto, filed for divorce in January. She seeks custody of their 2-year-old son, alimony and a share of the couple's assets, the story says. “Alexander Otto, 36, earned $43.2 million before taxes in 2003, according to the records. After taxes and $1.9 million in expenses, his net income was listed at $24.2 million. Otto's expenses included $187,176 in maid services, $24,000 in clothing and $28,636 in pool and lawn service last year. He also spent $2,000 a month on vacations. His assets included $20.2 million in cash, $37 million in stocks and bonds and $83 million owed to him. Otto also listed properties in Antigua, Monaco and Hamburg, Germany.” Forbes Magazine pegs the Otto family worth at $8 billion in large part due to its ownership of Otto GmbH & Co., the world's largest mail-order company. The public records handbook covers divorce records on Page 130.

April 19, 2004


Money spent, but work isn't done: Public records and public accountability in government projects go hand in hand. Contracts, letters, bank statements and other records reviewed by Mary Kelli Palka and Matt Galnor show the developers behind a public park and expansion of Jacksonville’s Riverwalk has spent most, if not all, the money the city provided for the job even though the work isn’t finished. “TriLegacy Group LLC's records show that while the city put in $36.5 million for the public portion of The Shipyards, a private downtown real estate project, the company put in about $15.4 million for the overall development. Out of the combined pool of money, TriLegacy paid for construction-related costs, as well as salaries, mortgage payments, marketing materials, meals and entertainment costs.” The city’s attorney says the money should only have been used for the public projects, although TriLegacy obviously has another view. The Shipyards, an $860 million riverfront project, is downtown Jacksonville’s largest planned private investment real estate project ever. The public records handbook covers bids and contracts on Page 33 and expenditures of local governments on Page 72.

Unexpectedly high tax bills stun new homeowners: Brittany Wallman and John Maines of the South Florida Sun-Sentinel analyzed more than 23,000 home sales to show how taxing The Florida Save Our Homes Act can be for Floridians who buy an existing home. Under the act, how much tax bills can go up in a year is limited for existing property owners – but purchasers take the full hit on a reassessed tax bill. The Sun-Sentinel review of sales from 2002 “shows nearly 80 percent of buyers nearly 80 percent of buyers are paying as much as $2,000 more in property taxes than the previous owners did.” Sixteen percent encountered tax increases of more than $2,000. “Proportionately, the hardest hit are those who buy lower-priced homes, especially in cases where buyers pay in the low- to mid-$100,000s. Many of them are shelling out as much as four times more in property taxes than the previous owners.” The public records handbook profiles property appraisal records on Page 322, deeds on Page 113 and property tax rolls on Page 326.

Charity director uses funds for personal benefit: It’s hard to tell about the scope of public records used in this story just by reading it. But David Kidwell of the Miami Herald reviewed internal records and credit card receipts from one of South Florida’s best-known charities to determine the executive director used charity sources for his own gain. The story says the executive director of Camillus House used his employees and homeless clients to renovate his own homes with thousands of dollars in labor and materials bought on the charity's credit cards. The story says city records showed no building permits for the renovations. The public records handbook covers building permits on Page 58 and records on charitable groups seeking solicitations on Page 68.

Top three sheriff candidates raise more than $68,500: Campaign finance reports are essential for following political campaigns at any level. The records from the Lake County Supervisor of Elections Office fuel Jamie Anderson-Potter’s report in the Leesburg Commercial about fundraising among Lake County sheriff’s candidates. “Three candidates lead the way with more than $68,500 between them … The other seven candidates combined gathered an additional $3,000.” So far, Leesburg Attorney Chuck Johnson leads the pack with $31,159 while Lt. Sandy Carpenter of the Orange County Sheriff’s Office is second at $20,430. The report covers the first three months of the year. The next report is scheduled for release July 12 and will measure campaign contributions through June 30. The public records handbook covers campaign finance reports on Page 60.

April 15, 2004


State to review Disney domain: Campaign contribution records compiled by Jason Garcia of the Orlando Sentinel provide a revealing statistic for this story about how state lawmakers plan to review Disney’s unprecedented government powers in Florida. The story notes that Disney has made more than $1.2 million in campaign contributions to Florida politicians and parties since 1995. The public records handbook covers campaign finance records on Page 60.

Commissioners aren’t marked absent often: Cindy Swirko of the Gainesville Sun checked meeting attendance records for this story on how Alachua County commissioners juggle meetings with other demands on their time. “A review of attendance at 2003 regular commission meetings showed that three commissioners attended every one, while two others missed two meetings each. Most also had fairly good attendance at special commission meetings, though none attended all of them.” Attendance records are worth checking from time to time for citizens and reporters who observe government agencies and their leaders. The public records handbook covers minutes of public boards and agencies on Page 284.

April 13, 2004


Marion is owed millions in code fines: Code enforcement and lien records explored by Bill Thompson of the Ocala Star-Banner indicate Marion County is owed almost $5 million in unpaid code fines but hasn’t done much to collect. Records show that about 600 delinquent property owners face penalties ranging from as much as $401,400 to as little as $25. “In many cases, the violation was corrected to the county's satisfaction but the fine was never paid. In the rest, records show that neither action was taken. That money would have been funneled into county coffers to funds things that could benefit all county residents. Instead, it's doubtful the county will recoup that chunk of cash anytime soon – if ever.” The story says the county has collected $124,000 from 101 violators since 1990, and it explores why so little has been collected. The county attorney said he couldn’t recall the county initiating foreclosure proceedings in any of the code enforcement cases during the last 13 years. The public records handbook reviews code enforcement board records on Page 87 and lien records on Page 266.

April 12, 2004


Young offenders at risk: Public records can help expose alarming problems at state agencies. Records from the Department of Children and Families analyzed by Rene Stutzman of the Orlando Sentinel indicate one of “the most egregious child abusers in Florida is the very agency that's supposed to rehabilitate troubled youths: the state Department of Juvenile Justice.” The story says the agency is responsible for 661 confirmed cases of abuse or neglect since 1994, with at least six boys dying from injuries suffered at juvenile-justice facilities since 1998, although state investigators blame only two on abuse and neglect. Nearly two-thirds of the overall cases of abuse and neglect throughout the statewide network of lockups, boot camps, residential facilities and other programs happened in the past four years. “In case after case,” the story says, “records suggest an agency that cannot control its employees or those of the dozens of private companies it pays to run most of its field operations.”

Cell phone records reveal calls between elected leaders: Cell phone records reviewed by Janine A. Zeitlin of the Naples Daily News raise questions about whether Bonita Springs City Council members are doing business outside government in the sunshine laws. Records show the city’s elected leaders called each nearly 70 times over six months outside of regularly scheduled council meetings, although the city officials involved say the calls were strictly social or personal. The story notes Florida's open government laws prohibit elected officials from talking about issues that could come before the council for a vote outside of advertised public meetings. The records show one of the longest calls between council members was 12 minutes during the afternoon after a heated morning City Council meeting when city officials rejected the Taxpayer Action Group of Bonita Spring's proposal to curb city spending on the March ballot. The public records handbook covers cell phone records on Page 350.

Web site shows status of school construction: Local government offerings of public information on the Web are constantly expanding. Marc Freeman of the South Florida Sun-Sentinel writes about a new Palm Beach County School Board Web site that offers visitors a “hard-hat” view of school construction. Using the site, visitors can find a project through a school map or search by school name. “Each project has its own Web page, complete with links to a week-by-week photo history, field reports, building cost, estimated completion date, names of site officials and more.” School officials say they are making constant improvements to the site. If you local government has a nifty new Web site or a useful old one, let me know and I’ll share it with readers of this page. The public records handbook profiles state and local construction project records as part of the bids and contracts entry on Page 33.

April 9, 2004


Jenne orders 10,000 closed BSO cases to be investigated: Stories based on public records often help shake things up for the public good. Paula McMahon, Shannon O'Boye and Jaime Hernandez of the South Florida Sun-Sentinel report Broward County Sheriff Ken Jenne “is widening the focus of internal investigations that are already under way and is bringing in federal and state law enforcement agencies to review his agency's crime statistics and reporting system.” The sheriff’s review involves reopening at least 250 problematic cases involving five inmates, and he is looking into more than 10,000 other cases. The moves follow months of criminal investigation by prosecutors and a series of embarrassing newspaper reports fueled by public records, including revelations from the Sun-Sentinel that detectives cleared 58 cases on a man who was locked up when the crimes he confessed to actually happened.

April 6, 2004


Ride’s flaws cited 10 times: State fair ride inspection records reviewed by David Kidwell and Elaine De Valle of the Miami Herald show the “Gravitron involved in the weekend's accident at the Miami-Dade County Fair has been cited for deficiencies 10 times during eight separate inspections since 2002, although it passed two inspections this year.” Seven people got hurt from the ride after it flung three riders through a panel that came off the Gravitron while it was at or near its full speed of 24 RPM's. Half of the ride’s deficiencies noted in previous Florida Department of Agriculture and Consumer Services inspection records involved a bolt. The ride is owned by I.T.R.S. Inc., which is affiliated with Conklin Shows. The story says the state cited the company four times for bolt problems in 2002, although the bolt was replaced or tightened and the ride was passed. State inspections revealed no deficiencies during the most recent inspections on March 14 and Jan. 15, the story says.

Charter school poor in review: School system reviews of charter schools can be a big deal to parents and the schools themselves. Mid-year review records obtained by Beth P. Krane of the South Florida Sun-Sentinel reveal “two-year-old Charter School of Boynton Beach lacks properly certified teachers and needs to improve its financial reporting and services for special needs students.” The Palm Beach County School District’s findings of eight deficiencies in 16 categories follows a review last year that pinpointed problems that school officials later fixed. Among the most recent findings: The school lacks a certified special-education teacher on staff and isn’t giving special-education students the services outlined on their tailored learning plans as required by state and federal law.

April 5, 2004


A better day at Riley Chase: Public records often help provide context for news stories. Police call statistics obtained by Patrick Whittle of the Sarasota Herald-Tribune enhance this story about a new property manager’s zero tolerance disturbance policy for residents at Riley Chase Apartments. “The policy, which tenants must sign before moving in, is derived from a state law that gives landlords the right to terminate a renter's lease if they cause a disturbance. The law states that a landlord can warn a first–time offending tenant that a second infraction will mean their lease is void and they will have seven days to vacate.” Police records indicate authorities responded to calls from the complex 371 times last year and, so far this year, 97 times, which is on pace to total 388 for this year. The story says more than 40 tenants have been removed since Cappi Donohew took over as property manager in September, and at least 80 more have received notice that they have used their first strike.The public records handbook profiles police offense and incident reports on Page 312.

April 2, 2004


Dog's lost records sidetrack case against Beverly Hills man: News stories prompted by public records can sometimes hinge on records that couldn’t be found. George Hutchens of the Citrus County Chronicle writes about how a police dog’s missing training records took a bite out of a Citrus County drug case. An attorney for a 22-year-old man facing drug charges alleged that officials couldn’t sniff out the records showing how well Thor the police dog can sniff marijuana. With no proof of the German shepherd’s training, the defendant was granted the advantage of not having the dog-related evidence considered in the case. The good news: Citrus County sheriff’s officials are now being more dogged in their record keeping. Officials said new dog training records are now kept with all the people training records.The public records handbook does not profile police dog training records, but it does explore animal bite/dangerous animal incident reports on Page 18.



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