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See The Florida Sunshine Review for the latest news on Florida public records, meetings and freedom of information issues!
Open records and meetings links, resources.
February 27, 2004
Police “justified”: It’s nice to see newspapers of all sizes providing links to audio and paper public records as part of their online news presentations. The Ocala Star-Banner does both in this story by staffers Rick Cundiff and Joe Callahan about four Marion County sheriff’s deputies cleared in the shooting death of a 74-year-old man who had fatally shot another deputy. The sheriff’s office released interview transcripts and audio evidence painting a graphic picture on how the events unfolded. The online version of this story includes MP3 excerpts from a 911 call
and sheriff’s office dispatch in addition to a PDF file of a radio transcript involving the incident. The public records handbook covers arrest report records on Page 23 and police internal affairs investigation reports on Page 310.
Letters warned of bridge problems: Correspondence between state agencies and those they regulate or do business with are typically public records. Letters from the Florida Department of Transportation and a contractor reviewed by David Sommer of The Tampa Tribune and WFLA News Channel 8's Mark Douglas
showed the contractor “on the trouble-plagued, $70 million Memorial Causeway Bridge project had been warned about quality problems before cracks were discovered on the main support pillars late last month." A letter from the DOT also “expressed serious concerns” about the ability of contractor PCL Civil Constructors Inc. to work on state projects. The DOT sent the letters after a 102-foot section of bridge decking sagged about seven inches and more than 170 cracks were found in four pillars supporting the bridge that arches over the Intracoastal Waterway in Clearwater Harbor. The public records handbook explores the documents found in DOT project files on Page 201.
Taxpayers pay price for lawsuits: Records on legal costs drive this story from Carl Mario Nudi of the Bradenton Herald about how elected officials in Manatee County are under increasing pressure to approve radical land use changes and find themselves fighting expensive land-use battles in court. Notes the story: “Residents of Bradenton Beach have already paid more than $51,000 in a court battle to preserve the vista along the Gulf of Mexico beachfront. Holmes Beach taxpayers have already spent $35,000 to defend a decision to grant two land-use variances; the case is still in court, so the expense will continue to increase.” The public records handbook explores payments made by government agencies on Page 72.
February 24, 2004
She’s making laws, but is she breaking one?: Public records can propel newspaper columns as well as news reports. South Florida Sun-Sentinel political columnist Buddy Nevins uses a variety of public records for maximum impact in this juicy column. For starters, Nevins writes that public records indicate State Rep. Stacy Ritter, D-Coral Springs, hasn’t lived in her district since April 2003 as the state Constitution requires. Her driver's license lists her address as that of a Parkland home outside of her district that she and her husband purchased in 2003. But her voter registration lists the Coral Springs address she sold when she bought the home in Parkland. Meanwhile, Nevins says Ritter isn’t giving him a straight answer on where she lives. Nevins uses campaign finance reports to note that more than $1 million was spent on the special January election in Florida House District 91. It’s hard to tell by reading whether Nevins tapped public records for his item about an investigation three years ago into pornographic images found on the computer of the Pembroke Pines mayor, but the item is intriguing none the less. The public records handbook explores driver license records on Page 134, voter registration records on Page 372 and campaign finance reports on Page 60.
February 23, 2004
Investor's death during divorce mires $25 million: Probate court records and other court documents enable Pat Moore of the Palm Beach Post to delve into this story about the struggle to claim a deceased entrepreneur’s fortune. The story says Neuberne and Catherine Brown battled for nearly two years in a hotly contested Martin County divorce case worth an estimated $25 million dollars, including the largest buffalo herd east of the Mississippi River. But 79-year-old Neuberne Brown died last June, and his widow is entangled in an equally contentious court fight with the man’s brother over his estate. In his last will and in a trust, Neuberne Brown disinherited his wife and left the bulk of his estate to his brother. Besides contesting his last will and the trust, Catherine Brown has filed a claim in probate court in efforts to claim more than $49 million from her late husband’s estate. The public records handbook outlines the information available divorce records on Page 130 and from probate court records on Page 316.
University presidents, professors top state's pay list: State payroll records can provide an informative overview on who brings home the most pay from among state employees. Brent Kallestad of The Associated Press reviewed the for this story on the state’s best paid employees. Easily topping the list: Florida’s university presidents. “Former University of Florida President Charles Young, who made $432,510 in 2003, led the way, followed by three eminent scholars at the school - business professors Joseph Alba, John Kraft and Jay Ritter,” the story says. Fifty-four people commanded salaries at greater than $250,000 last year, including nine of the 11 state university presidents. The governor, Florida’s top elected official, ranked 2,172 on the top-pay list. The public records handbook covers payments by government agencies on Page 72 and government employee personnel records on Page 239.
Summit security costs public millions: The costs of public services are a matter of public record. This piece by the Miami Herald’s Susannah A. Nesmith pegs Miami-Dade County’s security costs for November’s Free Trade Area of the Americas summit at $23.9 million, or $1.4 million than expected. The federal government will cover $8.5 million of that cost with the rest born by local taxpayers. Last summer, local authorities had projected $16.5 million for security but budget numbers had been revised to $22.5 million just weeks before the summit began. The story and a corresponding link include more details on how the costs break down. The public records handbook covers budgets on Page 52.
February 19, 2004
Audit: Taxpayers wrongly paid for S. Broward High design flaws: Audits are some of the most insightful public documents on how agencies handle – or mishandle – public dollars. An internal audit obtained by Bill Hirschman of the South Florida Sun-Sentinel says “taxpayers forked over a half-million dollars to correct flaws in designs for the expansion of South Broward High School rather than forcing the architect to pay for its errors.” The audit also criticized school officials for poor oversight and raised questions about the contractor selected to manage the entire school project. Audits can originate from both inside and outside a public agency. For details on audits of school districts performed by the Florida Auditor General’s Office, see Page 162 of the public records handbook.
Driver who struck teen had history of traffic offenses: Records obtained by NBC 6 of Miami show a driver who struck and killed a teenager on her way to school had an extensive record of driving-related violations and shouldn’t have been behind the wheel.
Fernando Javier Torres, 28, had his license suspended in February for failing to pay a traffic ticket. Torres “has an extensive record of driving-related violations, including 26 traffic citations since 1994, 14 convictions for driving violations and two prior car accidents, both of which took place during the mid-1990s.” The public records handbook explains how to obtain statewide driver history records on Page 134 and how to research traffic court records at the local circuit court clerk’s office on Page 354.
February 17, 2003
$58 million in property missing from NASA: This “hit records” list focuses primarily on the virtues of state and local public documents. But this storyby John Kelly of Florida Today illustrates how important federal records can be in tracking the stewardship of taxpayer dollars. A look at hundreds of property loss records shows at least $58 million worth of government property missing at NASA centers across the country. But, the story says, the agency seldom questions accounts of what happened and rarely imposes fines – even when it is evident who is responsible. Among the unaccounted for items: portable computers, two 500 pound ice making machines and $5,590 worth of science equipment. “Inaction, confusion and complacency” were evident in cases at most NASA facilities, including Kennedy Space Center, according to the records reviewed by the newspaper. Yet, other federal agencies have similar problems.
A special report: soaring home prices in the bay area: Many of the most important consumer stories have a strong public records angle. Matthew Waite of the St. Petersburg Times analyzed more than 260,000 single-family home sales between January 1998 and July 2003 to document skyrocketing home values throughout the Tampa Bay area that are redefining neighborhoods and quality of life. “The price of a home rose 58 percent in St. Petersburg from 1998 to mid 2003. In Tampa, the price is up 47 percent; in Clearwater it is up 45 percent,” the story says. The lead story in this computer-assisted package notes the Tampa Bay area used to compare with Wichita, Kan., on the affordability scale. Now, the typical Tampa Bay area home “costs about as much as one in Dallas, a city with a million more residents than this area and a median income that's 30 percent higher.” Various reporters join Waite in more than two dozens stories that span all five Tampa Bay area counties. One of the neatest features: interactive map links showing how much prices have risen throughout in neighborhoods in the 5-county Tampa Bay area. All the stories can be accessed links accompanying the lead story. The public records handbook profiles deeds on Page 113, mortgage records on Page 287 and property appraisals on Page 322.
Schreiber sinks note asking for golf cash: Public e-mail records are the focus of this story by Beth Reinhard of the Miami Herald about the controversial efforts of the Broward County public defender to raise money from employees for golf tour money to aid his daughter’s boyfriend outside the office. Alan Schreiber had sent an e-mail to all his employees setting a $100 minimum “for a Feb. 24 fundraiser at his home for fledgling golf pro Craig Pawling. Pawling, who also serves subpoenas part-time for Schreiber's office, is going on the National Golf Association Hooters Pro Golf Tour.” But Schreiber sent another note reassuring employees they didn’t have to donate after news reports on the first e-mail and some lawyers complained. The story says both e-mails were signed “The Boss Man.” The story also points out that Florida ethics laws ban public officials from using their official position and public property to benefit themselves or others. The public records handbook covers e-mail records on Page 140.
February 16, 2004
Once chance too many?: Public records often provide perspective on important news developments that is difficult to obtain any other way. Matthew Doig and Chris Davis of the Sarasota Herald-Tribune examined hundreds of pages of court records, investigative documents and probation officer notes to show that just about everyone in the legal system who came in contact with suspected killer Joseph Smith gave him the benefit of the doubt at least once. Smith is accused of abducting and killing 11-year-old Carlie Brucia. Authorities charged Smith with 13 crimes and as many probation violations before Carlie's murder. The story notes he would have been sentenced to a combined 46 years he had gotten the maximum penalty for each arrest. “Yet,’’ the story says, “he went to prison just once, for 13 months, thanks in part to probation officers who laid blame on others for Smith's transgressions, defense lawyers and prosecutors who negotiated plea deals for him, and judges who accepted his excuses … Somehow, this troubled man convinced people to trust him, even when his stories seemed wildly implausible.” State lawmakers are following this case closely with an eye toward making law changes in the upcoming legislative session. The public records handbook profiles criminal court records on Page 103.
Election 2004: Wiseman rakes in more than $30K in race for council seat: Campaign finance reports are key public documents for followers of political races. Dianna Smith of The Naples Daily News checked campaign finance reports for this story about who is the top money-getter in the race for an empty seat on the Naples City Council. “As of Feb. 13 — the most recent deadline for filing financial disclosure reports — [Tamela] Wiseman had collected $31,450, while Naples City Council candidate Tom Ryan collected $9,459.11. Candidate Herb Luntz met the deadline with $765,” the story says. The public records handbook profiles campaign finance reports starting on Page 60.
Memo: Crime reports altered: Public records are not always a tamper-proof source for truth. Records from the Broward County Sheriff’s Office obtained by Ann W. O'Neill, Jaime Hernandez and Shannon O'Boye of the South Florida Sun-Sentinel say a sergeant in the department suggested that officers routinely alter reports to improve case-clearance statistics for serious crimes. The sheriff’s office had already announced it was investigating two deputies for falsifying reports. In the latest revelations, the story says a sergeant in the department suggested that officers routinely alter reports to improve statistics and that he received a negative job evaluation when he refused to go along. The public records handbook covers police internal affairs investigations on Page 310.
Gun debate continues on: Statistics derived from public records often drive news stories. John A. Torres of Florida Today taps concealed weapons licensing records for a story examining whether gun ownership laws are too restrictive or not limiting enough. Data from the state Department of Agriculture and Consumer Services show 328,929 people are authorized to carry concealed weapons in Florida. “Of those, 10,816 live in Brevard County. That's a little more than the population of West Melbourne. Up nearly 3,000 in the past two years.” The public records handbook reviews concealed weapons licensing records on Page 93.
February 13, 2004
Incidents shine spotlight on school safety: The NBC 6 news team in Miami draws upon online education statistics generated by the state for a story on increasing dangers at Miami-Dade middle schools. The state’s online Florida School Indicator Report “found that the number of weapons confiscated on middle school campuses increased by 9 percent last year [statewide]. In Palm Beach County, the increase topped 62 percent. Broward's increase mirrored the state, while Miami-Dade middle school weapons confiscation decreased by 9 percent.” The online report maintained by the Florida Department of Education allows info seekers to obtain comparative data on public schools throughout Florida. The public records handbook profiles Florida school indicator reports on Page 227.
February 12, 2004
Candidate expects past to haunt race: Public records offer voters crucial insights into the backgrounds of political candidates. Robert King of the St. Petersburg Times explored domestic violence injunction filings and court records for this story about Pasco County veterinarian Jim Hughes, who is running for a state House seat covering parts of Hernando and Pasco counties. “Between 1997 and 2002, Elizabeth Hughes sought domestic violence injunctions against her husband four times. In each case, the charges were dismissed either because she failed to appear at a hearing or failed to cooperate with prosecutors,” the story says. Records also show Hughes had other legal problems dating to 1984, including pleading guilty to a fraudulent check charge. Hughes said he expected the domestic violence issue to arise in his campaign but he decided to run anyway. The public records handbook explores petitions for domestic violence injunctions on Page 337. Criminal background checks are covered on Page 101 and criminal court records on Page 103.
February 11, 2004
Bright Futures fade for some students: Public records can show an important flip side to popular public programs. New figures from the Florida Department of Education obtained by the Orlando Sentinel’s Mary Shanklin and David Damron indicate the state spends about $17 million annually on Bright Futures college scholarships for students who make top grades in high school but fall behind once they get to college. The story notes the state has invested $68 million in students whose grades dipped and lost their eligibility since the scholarship program started in 1997. “At some schools, including such high-profile campuses as A-rated Celebration School, more than half of Bright Futures scholars lose their aid because of grade problems, the Orlando Sentinel found.” Another interesting finding from this story: Attending a private school or an A-rated public school is not always a predictor of how those students will fare in college. The public records handbook profiles the DOE’s statistics-loaded Web site on Page 177.
Troubles taint U.S. 1: Public information from the Florida Department of Transportation obtained by Florida Today’s Scott Blake
indicates work delays and errors put the three-year effort to widen U.S. 1 in Melbourne nine months behind its original completion date and nearly $1.5 million over budget. Another relevant detail for area drivers: “So far, there have been more than 466 traffic accidents along the Florida Department of Transportation's 5.4-mile construction zone, including more than 50 the department says were potentially related to the roadwork.” The public records handbook profiles what’s inside DOT project files on Page 201.
Deficits dog charter schools: Tania deLuzuriaga of the Orlando Sentinel reviewed school financial records to show seven of 10 Oceola County charter schools are running deficits that total more than $2.5 million. Oceola has used charter schools has a way of relieving overcrowding for 3,000 students. In addition, the story says “state auditors who reviewed financial reports for 181 charters last year found that 44 of them – 24 percent – had deficits.” In Oceola, the bulk of the schools showing deficits are administered by the Foundation for Osceola Education, the district’s own fund-raising arm that has dominated the county’s charter-school picture. "Charter schools were supposed to run a lot more efficiently because they were run by private companies," Rick Collins, Osceola's assistant superintendent for finance, told the newspaper. "But they're finding that's not necessarily the case." The public records handbook profiles audits by the Florida Auditor General’s Office on Page 162.
February 10, 2004
Remaking the Panhandle: Development is the continuing story of Florida, and this two-part series by the Orlando Sentinel’s Sean Mussenden on the impact of the St. Joe Co., the state’s largest private landowner, in the Florida Panhandle is highly recommended reading. Among the public records used for this series is a report from last year by the state Auditor General's Office that flagged St. Joe transactions in which appraisers hired to review St. Joe land might have overstated the value of some of the company's property. The audit also indicated “St. Joe sold land to the state it would have had an extremely difficult time developing.” However, the state Department of Environmental Protection and St. Joe did dispute some audit findings. Other records that often factor into development stories include comprehensive land use plan records (profiled on Page 90 of the public records handbook), property appraisals (Page 322), deeds (Page 113), zoning records (Page 382), Florida Department of Environmental Protection permit and regulatory files (Page 179) and water management district regulatory files (Page 375).
February 9, 2004
UM reviews athlete checks: Public records can prompt public officials to reconsider how they do business. Revelations from public records have the University of Miami, University of Florida and Florida State rethinking the way they evaluate recruits for sports in this story by Omar Kelly of the South Florida Sun-Sentinel. Willie Williams, a football all-American and University of Miami signee, has been arrested 10 times in the past five years, and he is currently on probation after pleading no contest to felony charges in Broward County in 2002, according to court records. “This came to light after he was charged with two misdemeanor counts of battery and a felony for allegedly discharging fire extinguishers in his hotel while on a recruiting trip to the University of Florida,” the story says. Officials say Williams will be charged with battery any time now, which would result in a probation violation. All 10 of Williams’ offenses happened before he turned 18 when he was considered a juvenile, which put those records off limits. But his juvenile offenses became part of a public court file after he was charged with burglary in August 2002. Press accounts of his record caught officials at the three state universities off guard. The public records handbook profiles criminal court records on Page 103, and explains how to do criminal background checks – including through the Florida Department of Law Enforcement online – on Page 101.
Florida criminal justice system under scrutiny after kidnapping: Public records can raise serious questions about how effectively the criminal justice system is working. Vickie Chachere of The Associated Press reports that many people are demanding answers on why Joseph Smith, the man accused of kidnapping and killing an 11-year-old Sarasota girl, was a free man despite being a drug addict with a long criminal record of violence over the years. Sarasota Circuit Judge Harry Rapkin, who most recently handled Smith's case, said he was not at fault for not putting Smith in jail in December when the unemployed mechanic failed to pay his court costs and fines. Florida Attorney General Charlie Crist said his office is reviewing whether Florida's probation laws need to be bolstered to deal with offenders like Smith. Court records provide a detailed account of Smith’s brushes with the law prior to the kidnapping. Court records are covered in the public records handbook on Page 103.
February 6, 2004
Violence and drugs litter kidnap suspect's history: Court documents reviewed by the St. Petersburg Times enable a closer look at the man accused of abducting - and now killing - 11-year-old Carlie Brucia of Sarasota in this story by staff writer Leanora Minai. The records show Joseph P. Smith is a drug addict accused of attacking at least two women in Bradenton and Sarasota during the 1990s. The story relates several more brushes with the law, noting Smith served a little more than a year in state prison for drug charges. Just eight days after his release on Jan. 9, 2003, Smith was behind bars again on another drug charge. Court records also show he owes $70,000 in hospital medical bills and $12,000 to the Internal Revenue Service, the story says. Authorities announced this morning the girl's body had been recovered. The public records handbook explores criminal court records on Page 103.
February 5, 2004
Florida lawmakers propose legislation to tighten the use of repeat withholds of adjudication, citing The Herald series: This story illustrates how reporting based on public records can inspire efforts to create positive change for society’s benefit. Jason Grotto and Manny Garcia of the Miami Herald report that a bi-partisan coalition of Florida lawmakers has drafted legislation to limit the use of withhold of adjudication, a legal break that allows offenders who plead to a crime to avoid a felony conviction. The proposed legislation comes a week after the Herald published “Justice Withheld,” a series of stories that detailed how withholds of adjudications have spiraled into a plea-bargaining tool with unintended consequences. Those include ample breaks “to child molesters, child pornographers, child abusers and men who had sex – even impregnated – adolescent girls. The reporters found that one in three Florida felons avoided convictions because of the plea-bargaining tool. Congrats to the Herald, Jason and Manny for stellar work that promptly reaped dividends for the public. The proposed bill can be read here and followed through the Florida Online Sunshine, the home page of the Florida Legislature. The public records handbook profiles the Florida Online Sunshine Web site on Page 216.
February 4, 2004
State bans Hialeah physician from prescribing painkillers: Orders by regulatory agencies can signal important developments for consumers. An emergency order by the Florida Department of Health triggered this story by Fred Schulte of the South Florida Sun-Sentinel about the barring of a top Medicaid drug prescribers from writing more prescriptions for painkillers and other addictive pills. According to the story: “The state order accuses Dr. Armando Angulo of prescribing excessive amounts of narcotics to low-income people on Medicaid, including nearly $200,000 worth of pills such as the painkiller OxyContin for five members of a single family. In other cases, Angulo prescriptions were filled at pharmacies after the patient had died, according to the state.” The state also accuses the Hialeah physician of allowing untrained clinic employees to distribute hundreds of "pre-signed" prescriptions for narcotics when he was out of the office. The newspaper profiled Angulo in Schulte’s excellent "Drugging the Poor" series, which focused on how a small group of Florida doctors have prescribed huge amounts of pills to Medicaid patients, contributing to a wave of overdose deaths and costing taxpayers millions. In three years of records examined for the serious, “only one doctor of nearly 57,000 Florida medical professionals wrote more OxyContin prescriptions for the poor” than did Angulo. The public records handbook details orders by state agencies starting on Page 143. Florida Department of Health regulatory records on health practitioners are explored beginning on Page 194.
February 3, 2003
Taxpayers who miss appeals hearing costing county: Public cost information about the property appraisal appeals process helps Connie Piloto of the Palm Beach Post tell a story that’s probably unfolding throughout Florida. A state law change this year allows people who appeal their property appraisals to reschedule hearings at least once with no questions asked. “Suddenly,” the story says, “the Value Adjustment Board had to reschedule 1,010 of the 4,500 appeals filed this year. The resulting crunch forced the clerk's office to extend the hearing dates by more than two months. That required paying special masters for an additional 384 hours. Support staff for the extended hearings also cost more.” The Palm Beach County Clerk of Courts office will spend $8,000 previously earmarked for office furniture and equipment to help cover the extra costs, with the county commission covering the rest. The public records handbook covers records relating to property value adjustment board appeals on Page 327. Budget records are explored on Page 53.
February 2, 2004
Engineer must pay $8,140 in fines and fees: Regulatory records of licensed professionals are important public records for tracking business activities of people and their companies. Duane Bourne of the St. Petersburg Times used state administrative hearing records for this story about the Hernando County Planning and Zoning Commission vice chairman being fined and reprimanded for providing inadequate engineering plans on construction projects in Hernando and Pasco counties. Notes the story: “In making the decision …, administrative law Judge Don Davis handed down the minimum penalty for a licensed engineer found guilty of negligence in Florida: $1,000 in fines and $7,140 in fees.” The story says commission member Nicholas Nicholson has been reported to the state’s engineering board five times. Three of those cases were dismissed. The public records handbook explains the administrative hearing process and the related records regarding Florida licensed professionals starting on Page 143. Florida Department of Business and Professional regulation licensing files on engineers and many other licensed professionals are explored starting on Page 172.
Area bail bondsman accused of keeping former client’s money: Public records are often the backbone for a wide variety of stories. Kristen Zambo of The Naples Daily News uses agency regulatory records, prison records, corporate records and police records for this story about the arrest of an area bail bondsman accused of keeping a former client’s collateral security money. An investigation into one of the suspect’s businesses by the Florida Department of Financial Services prompted the 31-year-old man’s arrest. Records with the department show actions had been taken against the suspect had been taken since the late 1990s for a variety of reasons. Corporate records indicate his varied business interests while records from the Florida Department of Corrections offer details about the former client he is accused of ripping off. The suspect says the whole matter is politically and racially motivated. The public records handbook covers Department of Financial Services licensing and regulatory files on Page 190, arrest reports on Page 23, state prisoner records on Page 347 and corporate records on Page 96.
Unclaimed items worth nearly $1 billion: Could the state of Florida be holding cash or property that belongs to you? Chief Financial Officer Tom Gallagher says the state is holding nearly $1 billion in unclaimed cash, jewelry, furs, coins, baseball cards and other items. The Associated Press reports that items Gallagher displayed at a recent state Cabinet meetings included jewelry, a full-length mink coat, gold coins from the late 19th century and Civil War memorabilia. You can check to see if you have unclaimed property here or by calling toll-free 1-888-258-2253 (1-88VALUABLE).
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