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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.

January 30, 2004


Student government funds pay for officers’ socials: Dwayne Robinson of the student-run Independent Florida Alligator analyzed three years of University of Florida student government invoices and receipts for this story on how UF’s student government uses student fee money. Among the findings: “Student Government officials spent $500 of that money on chocolate alligators and $600 on baskets for its banquets.” The story says the student government will control about $10 million in student fees this year. Most of the money traditionally goes toward SG elections, SG groups and other UF enhancements. But some of the funds also went toward banquets, awards, socials and reimbursement for cell phone calls. The public records handbook explains how to research payment records of local governments and state universities starting on Page 72. Budgets are covered on Page 53.

Non-bidding on some courthouse work sparks contract review: City contract records reviewed by Mary Kelli Palka of The Florida Times-Union prompted Jacksonville’s mayor to ask city lawyers “to determine the clarity of a contract that grants the unusual flexibility to not seek bids for some work on the new Duval County Courthouse.” Courthouse costs continue to be controversial because they ballooned to about $232 million, or about $30 million beyond original price estimates for the project in the city's Better Jacksonville Plan. The story notes the project’s management company had planned to use the contract flexibility not to seek to ensure the project is done by the Mayor John Peyton’s March 2007 deadline. However, “part of the contract allowed for the flexibility, another portion called for the company to seek bids.” Depending on what the city’s lawyers say, the mayor could require bidding for every piece of the project. The public records handbook explains bids and contracts and related records on Page 33.

January 29, 2004


One group working on three retail centers: A business column by The Florida Times-Union’s Karen Brune Mathis regularly illustrates the importance of public records in alerting the public to new developments and plans for existing ones. In this case, Mathis relies on a building permit application to provide details about leases at a planned retail center that center officials won’t share for her column. The piece notes that an official for the center “confirmed that Starbucks Coffee Co. would lease space there, but declined to identify other tenants until leases are signed. However, plans filed with the building permit application show that the first four-tenant building would include Panera Bread and the second four-tenant building would include an Applebee's Neighborhood Grill & Bar.” The application also indicates the square footage for the buildings.The public records handbook profiles building permit and inspection records on Page 58.

Funding sports arenas yet to pay for public: Public records on publicly financed sports arenas and their financial status are important for taxpayers, regardless of whether they care about sports. Charles Elmore of The Palm Beach Post reviewed public sports facility records for this story on how “sports arenas built with government assistance are moving away from – not toward – goals of wins and shared profits ...” Among the revelations from public records: “Net losses at AmericanAirlines Arena, where the NBA's Miami Heat play, hit a new high, $11.9 million, up 50 percent.” The public records handbook covers bids and contracts records on Page 33, budgets on Page 53 and payments by government agencies on Page 72.

Husband may sue Lauderdale after woman died in garage crash: People who plan to sue state and local governments typically must give notice of an intent to sue. Such notice to the Fort Lauderdale city government prompts this story by the South Florida Sun-Sentinel’s Brittany Wallman in the recent city garage crash that killed a 67-year-old woman. Her husband filed the notice this week. The public records handbook covers civil lawsuit case files on Page 82.

January 28, 2004


2 nurses indicted in death of juvenile at Dade lockup: A Miami-Dade County grand jury indictment and special report drive this story by the Miami Herald’s Carol Marbin Miller about two nurses accused of causing the death of teenage detainee Omar Paisley, who died last year in a juvenile lockup of a burst appendix after he had begged for help for at least two days. In a “blistering” 50-page critique of lockup conditions, grand jury members said they “were appalled at the utter lack of humanity demonstrated by many of the detention workers charged with the safety and care of our youth” and made several recommendations. The story includes PDF links to the grand jury indictment documents, the full report from the grand jury and the response from the state Department of Juvenile Justice. At the end of this story are links to previous articles about the lockup and Paisley’s death. The public records handbook covers indictment records as part of the criminal court records entry on Page 103.

Accord saves USF $500,000: Public records can just as easily result in sports stories as other types of news items. Pete Young of the St. Petersburg Times relies on a public records request for this story about the financial aspects of the University of South Florida’s entry into the Big East Conference. Among other particulars, his review of USF’s Big East Conference Membership Expansion Agreement revealed the school owes $2.5 million for Big East entry. But the school will save $500,000 by agreeing to play a limited number of Conference USA teams in football and basketball. The school is leaving Conference USA to join the Big East Conference. The public records handbook explores contracts and agreements as part of the bids and contracts entry on Page 33.

Nearly 1 in 4 convictions erased in child sex cases: The power of public records to help peg alarming trends is personified by the Miami Herald’s outstanding "Justice Withheld" series exploring prosecution breaks for serious crimes in Florida. The computer-assisted review by staffers Jason Grotto and Manny Garcia of more than 18,000 child-sex cases between 1992 and 2003 shows nearly “one out of every four men prosecuted for sex crimes against Florida children during the past decade had their convictions wiped clean by prosecutors and judges.” Notes the story: “Despite pleading guilty or no contest, men charged with fondling youngsters, peddling child pornography and impregnating adolescents left Florida's judicial system without a felony conviction and with their civil rights intact.” The reporters found more than 4,400 child sex offenders got a break called a withhold of adjudication, which has been the primary focus of the Herald’s four-day series. Read more about how the Herald series was done.

January 27, 2004


Challenger rips tax collector’s memo: A memo from the Palm Beach County Tax Collector John Clark to his employees obtained by George Bennett of the Palm Beach Post is whipping up some campaign dust. Clark’s Democratic primary challenger, Mike Rios, says employees might feel intimidated by the memo which urges staffers to staff to say good things about Clark’s reelection bid and hit up "relatives, friends and acquaintances" for campaign contributions. The story notes the memo urges employees "to 'talk up' my reelection in your social circle and encourage all the people you have contact with to vote for me." But the memo also reminds employees they cannot "practice political activity" in the office and that any help they provide "is voluntary, but will be greatly appreciated." Clark says he sees no pressure from the memo.

3 SW Ranches candidates have arrests on record: Criminal background checks by the press on political candidates are an important public service. Criminal records reviewed by Joe Kollin of the South Florida Sun-Sentinel reveal three of six candidates running for seats on the Southwest Ranches Town Council in the March 9 election have arrests on their records. All three candidates provide explanations.The public records handbook explains how to research criminal backgrounds on Page 101 and criminal court records on Page 103.

Private firms get charter money: Records on charter schools assist Kimberly Miller of the Palm Beach Post in this story about how “Florida's charter school explosion has given birth to a new breed of entrepreneur – management companies that take a slice of state money to run new schools for often-inexperienced founders.” The story notes that some of the management companies aggressively recruit people to form nonprofit foundations to create new charter schools and then get themselves hired to run the schools – which is perfectly legal under state law. The story says the charter school business is moving so fast that “some of the people who sit on charter school boards don't even know who set up their foundations. In one case, a Phoenix-based attorney is listed in Florida records as the creator of 14 charter school groups.”

January 26, 2004


Justice withheld: Public records are some of the best tools available for spotlighting problems with the criminal justice system and other aspects of government. A review of nearly 800,000 felony cases - along with millions of prison and probation records - from 1993 to 2002 by the Miami Herald’s Manny Garcia and Jason Grotto shows South Florida courts are freely handing out “withholds of adjudication,” a judicial break that allows offenders to avoid felony convictions. The break is working in the favor of criminals in a way it was never intended, aiding “rapists, child molesters, child abusers, wife beaters, burglars, cocaine traffickers, repeat offenders” and even corrupt public officials. Incredibly, the reporters uncovered almost 17,000 offenders who received two, three, four – and in a handful of cases – even five withholds for what was supposed to be a one-time break. This computer-assisted effort is part of a four-day series that promises to be an eye-opener. The public records handbook profiles criminal court records on Page 103 and state prisoner records on Page 347.

The politics of water: State agency reports are public records under most circumstances. Dinah Voyles Pulver of the Daytona Beach News-Journal taps a report from the Florida Department of Agriculture and Consumer Services and separate reports by two other groups for this story on Florida’s next great debate: water. The story looks at the three studies on Florida’s water policy and proposals for changing it. It also includes details from various bills pending before the state Legislature that would tweak the state’s water policies. Despite all the studies done already and another one to come, the story says: “ … in the fight for Florida's future, the question of how to balance a spiraling population and a limited resource, when no one seems willing to foot the bill, remains unanswered.” The public records handbook explores how to research bills pending and passed in the state Legislature on Page 216.

Pro, con Limbaugh e-mails released: E-mails released by the State Attorney’s Office in South Florida as part of the Rush Limbaugh case drive this story by Peter Franceschina of the South Florida Sun-Sentinel. Relates the story: “It seems people either love or hate Limbaugh – some cry out in the e-mails that Limbaugh is a hypocrite who should be prosecuted to the fullest extent of the law, while others accuse Palm Beach County State Attorney Barry Krischer, a Democrat, of being on a political witch hunt. Others strike more of a middle ground.” This story follows a broader story based on records released by the State Attorney’s Office on the case. That story by Franceschina revealed “Palm Beach County prosecutors rejected an overture last month from Rush Limbaugh's attorneys that would have allowed the conservative commentator to enter drug rehabilitation rather than face criminal charges for prescription drug abuse.” The documents released to the Sun-Sentinel indicate prosecutors say they think they have evidence that Limbaugh committed at least 10 felonies by illegally obtaining overlapping drug prescriptions. The records offer insights into a controversial high-profile probe that would not be afforded the public without them. The public records handbook profiles E-mail records on Page 140.

January 23, 2004


Council’s private chats up at key times:Jacksonville City Council member cell phone records reviewed by Matt Galnor of The Florida Times-Union raise serious questions about whether council members are doing public business outside the state’s government-in-the-sunshine laws. A Times-Union analysis of five months worth of phone records revealed dozens of council member calls to one another with surges in the number of conversations directly paralleling major issues, including the November vote to increase the Duval County Courthouse budget to $232 million and the beginning of the race for council president last month. Notes the story: “Some conversations are more than 40 minutes long, records show, and as many as 12 of the 19 council members are talking to one another on the same day.” Florida's Sunshine Law requires any meeting between two or more members of the same elected board be open to the public if the members are discussing something that could come for a vote. The Jacksonville council members involved told the newspaper they “were talking about family, personal business, current events – even how to get to different holiday parties – on their phones. They deny discussing city business.” The story includes a glance box of public officials who faced criminal charges in 2003 stemming from Sunshine Law concerns. The public records handbook explains the Sunshine Law starting on Page 385. Phone records are profiled on Page 347, agendas of public boards and agencies on Page 13, and minutes of public meetings on Page 284.

Judge is right, appeals court says: Lauderdale detective's too attractive:Court records help Paula McMahon of the South Florida Sun-Sentinel to tell this unusual tale about a detective who apparently was too sexy for his job in one undercover drug case. “Fort Lauderdale Detective Mike Nahum's handsome appearance lost him a criminal case, but there is a consolation prize. He may be the only guy in the world with a court order declaring he is a ‘very attractive man.’ " A Broward Circuit Court judge threw out a criminal charge against a West Palm Beach man charged with selling drugs to Nahum during an undercover sting at a gay nightclub in Fort Lauderdale. Although Nahum said he was misunderstood, the defendant claimed – and a judge agreed – that the officer lured into committing a crime in hopes he would be rewarded with sex. Because of the officer’s good looks, the defendant said he took the undercover cop’s comments of wanting to party as relating to sex rather than to obtain drugs. Read the story for more on how the episode came to be regarded as entrapment, how the arrest came about and how at least one appellate judge disagreed with the court’s eventual ruling in the case. In dismissing the case, a female judge officially certified Nahum as cute in the court record, which says: “I make that a finding. He's a very attractive man." The public records handbook covers criminal court records on Page 103.

January 22, 2004


Invisible investors deceive lenders: Public records can help blow the cover off consumer rip-offs and devious business deals. Deeds, mortgages, property appraisals and foreclosures are among the documents that enable Jeff Testerman of the St. Petersburg Times to report this story about “four fictional investors, $2.8-million in loans” and “one big investigation.” The stories says false identifies were dreamed up to buy, sell and mortgage 21 properties in Tampa Heights and Ybor City that then pledged as collateral for more than $2.77-million in mortgage loans. Notes the story: “The total purchase price for those properties was $3.22-million, the deeds show. But according to sellers interviewed by the Times, the recording information filed with the deeds was falsified to indicate much higher prices than actually paid.” The FBI and Tampa Police are now investigating Urban Equity and its officials in relation to the bogus deals that led to fraudulent loans and foreclosures. The public records handbook explains how to research deeds on Page 113, mortgages on Page 287, property appraisal records on Page 322 and foreclosures on Page 237.

Trend for male teachers in Brevard classrooms climbs: Public information reveals an interesting trend regarding male teachers in Brevard County schools in this story by Florida Today’s Zenaida A. Gonzalez. The story says there “are only 883 male teachers in regular public classrooms in the county, compared with 2,985 females. That doesn't include teachers who specialize in exceptional education.” But the numbers of male teachers are increasing. The number of male teachers climbed to 28,009 statewide in 2003, up from 26,537 male teachers in regular classrooms in 2002. Still, men hardly register at some grade levels. The story says “there are no males prepping pre-kindergartners in Brevard County, and there are only four statewide. Kindergarten is equally a woman's domain with only three men in Brevard facing the youngsters and 127 statewide.” The public records handbook on Page 177 outlines a wide range of statistics available through the Florida Department of Education Web site.

January 21, 2004


Police didn't query man who found Rollins teen: A review of police records by Henry Pierson Curtis of the Orlando Sentinel indicates serious problems with a Winter Park police investigation into the death of 19-year-old Jennifer Kairis in 1998. The story says the first witness to find Kairis' body in her Rollins College dorm room is still waiting to hear from Winter Park police. “No one questioned him, beyond asking whether the door was locked,” the story says. In addition, a police report from that time shows that a detective, who had never worked a case before at that time, waited five months before deciding to question the witness. The Sentinel found several errors by the detective in the Winter Park investigation, which is drawing renewed attention after pathologists recently challenged Orange-Osceola Chief Medical Examiner Dr. Shashi Gore's conclusion 4½ years ago that Kairis died from an accidental overdose of prescription drugs. Three pathologists told the Sentinel they think someone murdered Kairis. The public records handbook profiles police offense and incident reports on Page 312, medical examiner reports on Page 28 and police investigator supplements on Page 310.

Lauderdale officials were aware of faults in parking garage walls: Public records can show what public officials knew and when they knew it as it relates to important safety issues. City records obtained by Brittany Wallman of the South Florida Sun-Sentinel show Fort Lauderdale city officials knew for more than a year about serious structural deficiencies with a city parking garage but didn’t warn any of those who park there. The City Park Mall Garage came under increased scrutiny last week after Ruth Goebel, a 67-year-old project manager for county libraries, plunged to her death on the sidewalk below after her Suburban crashed through one of the weak garage walls. Notes the story: “City staff knew of problems as early as October 2002, while workers gave the garage a $2.26 million facelift. Simply pressure-washing two walls on the fifth floor – the floor Goebel drove off of – caused those walls to collapse, city records show. Two months later, workers removed part of a wall to keep it from falling onto the sidewalk below, the records show.” The public records handbook covers code enforcement board records on Page 87. Building permit and inspection records are examined on Page 58.

Candidates who have qualified for Broward’s municipal elections: Public records account for some of the most important news voters can read about their government – such as who is running for political office. Candidacy papers filed with city clerk’s offices trigger this story from the Miami Herald about candidates who have qualified for Broward County’s municipal elections. Candidates also file with the county supervisor of elections or the state’s Division of Elections, depending on the type of public office they seek. The public records handbook profiles appointment of campaign treasurer and designation of campaign depository records (the first document a candidate files in running for office) on Page 22. Campaign finance reports are covered on Page 60, and disclosures by public officials are explained on Page 121.

January 21, 2004


County digs out from a heap of records: Problems mount in a hurry when the public has trouble obtaining public documents from the county clerk of courts office. Nora Koch of the St. Petersburg Times reports on the havoc being caused because the Pinellas County circuit court clerk’s office is running two weeks behind making deeds, mortgages and other official records available to the public. From the story: “One home buyer accidentally ended up with two mortgages. Title companies are trusting sellers to sign affidavits promising there are no liens on their homes. Quick turnaround on sales is tough to get because public records can't be used to verify the original purchase.” This story illustrates just how important public records are in everyday life and business. The public records handbook explains how to research the galaxy of official records at the clerk’s office on Page 305.

Need a laugh? State law books offer comic relief: Believe it or not, public records are good for a chuckle every now and then. Kathleen Murphy of Stateline.org proves it with this story about peculiar state laws from across the United States. For instance, Kentucky requires people bathe at least once a year, apparently whether they need to or not. It’s illegal to forget to close a gate in Nevada, and Tennessee forbids shooting birds from an airplane. Fun stuff, courtesy of odd and antiquated statutes in the public record. For one of my favorite oddball laws from Florida, look to the skies and click here. The public records handbook covers the Florida Statutes on Page 233.

January 19, 2004


Lost days in the classroom: Lax rules subject kids to bad subs: Data from the Florida Education Standards Commission help Mary Shanklin and Denise-Marie Balona in this special report on how students often pay the price for low substitute teacher standards. Among other findings, the story reveals that “federal, state and most local rules let them (substitutes) lead classrooms without even a standard high-school diploma. New federal standards require more credentials from teacher aides than from subs, who sometimes oversee classes for weeks or months at a time.” The story notes that “students with substitutes for at least four weeks scored lower on reading tests than their peers in the same school.” Plus, nearly 60 percent of subs fared poorly in evaluations by Orange County principals and teachers. And where do many of the worst-educated subs report for work? At struggling schools where students need strong teaching the most. Thirty-one of Florida’s 67 public school districts require no training for subs before they enter the classroom.

January 13, 2004


Spare the rod? Not at many public schools: Statistics from the Florida Department of Education obtained by Cynthia Garza of The Florida Times-Union reveal Duval County punishes more students by paddling than any other Florida school district. The story says Duval “leads the state in its overall use of corporal punishment during the past 10 years, paddling students more than 15,000 times during that time.” On the other end of the scale, Miami-Dade, Broward and Palm Beach counties haven’t swatted a student in the past five years. However, statewide, about two-thirds of all Florida school systems paddled students last year, the story said. This is must reading for anyone interested in Florida's corporal punishment picture.

Report details plagiarism probe: Records originating from federal government probes sometimes become public under state open records laws. A report from an Air Force investigator obtained by The Tampa Tribune’s John W. Allman and Michael Fechter from the Florida's Judicial Qualifications Commission says that Hillsborough County Circuit Judge Gregory P. Holder probably plagiarized an academic paper and later lied about it. Notes the story: “The Air Force provided it under subpoena to Florida's Judicial Qualifications Commission, the agency that polices the state's judges. The Tribune obtained it through a public records request.” The JQC policies the state’s judges. The judge, a former colonel in the Air Force Reserves, has been serving as a reserve judge advocate for the Air Force but has been an object of two Air Force probes. Holder has steadfastly denied the plagiarism charge regarding the academic paper he wrote in 1998.

Local doctors not switching to new malpractice providers: Rate records from the Florida Department of Insurance Regulation help Liz Freeman of the Naples Daily News report this story about new insurance companies approved by state regulators to provide medical malpractice coverage to Florida physicians. Besides the three new companies given permission to be providers, the story says “existing malpractice insurers gained approval for premium increases, many effective Jan. 1 or next month, that range from 5 percent to as much as a 45 percent.” The story also notes that local doctors aren’t switching carriers so far as a result of the state’s action. The public records handbook covers state insurance licensing and regulation files on Page 190.

January 9, 2004


Crow, Wilkinson square off: Letters written by public officials regarding government business are public record unless exempted by law in some way. Diane Lacey Allen of The Ledger in Lakeland reports the Polk County sheriff has written a letter claiming a county commissioner intentionally lied in a recent mass e-mail and made factual errors regarding inmates and the county's new jail. The letter questioning the commissioner’s mental health is the latest salvo in a growing rift between Sheriff Lawrence Crow Jr. and the county commission’s Randy Wilkinson, who has questioned the sheriff publicly on take-home cars, county jail management and other issues at public meetings. The story says the commissioner had seen Crow's letter and would probably respond to it today.

State slaps schools on class size: A memo from state Education Commissioner Jim Horne takes center focus in this story by Denise-Marie Balona of the Orlando Sentinel on a judgment day of sorts for Florida school districts that failed to cut class sizes as required by law. The story says the state the state expects those districts to commit a total of $41.4 million toward solving the problem. Horne’s memo outlined the money that should be spent by the 32 districts statewide that didn’t hit the first-year targets of the class-size limits approved in 2002 by voters. The pronouncement affects four of seven Central Florida counties, with largest-district Orange County advised to reallocate $2.9 million in operating funds toward smaller classes. School districts that disagree can appeal to the state, and the story says several of the districts are likely to do so.

January 7, 2004


Class size dollars hire more teachers: Public records often reveal newsy public information that goes unpublicized by government agencies. E-mail from the Florida Governor's Office triggered this story by Kimberly Miller of The Palm Beach Post on how about “70 percent of the money earmarked this year to meet the voter-approved class size amendment was used to put more teachers in Florida's classrooms.” The results came from an August survey by state officials indicating that schools statewide added an estimated 6,166 additional positions using $325.6 million of class size money for salaries and benefits. Some school districts did better than others in meeting requirements for use of the money. Notes the story: “The state's class size survey, which was not publicized, was included in an estimated 1,700 e-mails released to The Palm Beach Post from the governor's office after a public records request.” The public records handbook covers e-mail records on Page 140.

January 5, 2004


How a cop hid $550,000 in this office (And why it took cops years to find it): It isn’t every day that a picture with a news story shows crime scene tape surrounding a law enforcement officer’s desk at the police station. But the photograph is just one of the public records that helped Jim Schoettler of The Florida Times-Union share the bizarre story of a Jacksonville sheriff’s detective accused of stuffing $550,000 in two filing cabinets rather than depositing it with the tax collector. Among other records, the reporter tapped sheriff’s procedural manuals, personnel records, budget reports and internal affairs investigation records to examine a trail of lax oversight over public resources. One of the story’s more interesting revelations from public records: Supervisors did so little to keep tabs on the detective that they once copied his performance evaluations from one year to another without changing a word. Authorities are still trying to sort out what happened and why in a mess that apparently started in 1998. The public records handbook outlines the offerings of police directives, policies and procedures on Page 309, personnel records on Page 239, budget records on Page 53 and police internal affairs investigation reports on Page 310.

County again sets record in traffic deaths: Public information from the Florida Highway Patrol enables Dani Davies of The Palm Beach Post to report that Palm Beach County set a new record for traffic deaths in 2003. “There were 222 traffic deaths last year … The previous record was in 2002, when 217 people were killed in crashes, and 2003's total could rise if people succumb to injuries sustained in crashes last year,” the story says. The story also noted officials had not yet determined a breakdown on causes for the deaths. The public records handbook profiles traffic crash reports on Page 357.



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