AGAIN, THE LAWS OF FLORIDA AS THEY PERTAIN TO PUBLIC RECORDS REQUESTS. TAKEN OUT OF THE GISM.

Section 119.07(1)(e), F.S., states that a custodian of a public record who contends that a record or part of a record is exempt from inspection must state the basis for the exemption, including the statutory citation to the exemption.

The general rule with regard to personnel records is the same as for other public records; unless the Legislature has expressly exempted certain personnel records from disclosure or authorized the agency to adopt rules limiting access to such records, personnel records are subject to public inspection and copying under s. 119.07(1), F.S

It is well established in Florida that “neither a custodian of records nor a person who is the subject of a record can claim a constitutional right of privacy as a bar to requested inspection of a public record which is in the hands of a government agency.”

the courts have rejected claims that the constitutional right of privacy bars disclosure. Article I, s. 23, Fla. Const., provides: Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law. (e.s.) Accordingly, the Florida Constitution “does not provide a right of privacy in public records” and a state or federal right of disclosural privacy does not exist.

An automatic delay in the production of such records is invalid.

SO WHY?

#1     WHY DOES IT TAKE 3 MONTHS TO GET RECORDS?

#2     IF IT IS IN A PUBLIC RECORD IT IS DISCOVERABLE UPON REQUEST.

#3      NO RIGHT OF PRIVACY IN PUBLIC RECORDS

#4     PERSONNEL FILES ARE PUBLIC RECORDS.

#5      CLAIMS OF EXEMPTIONS (SUCH AS HIPPA AND PERSONAL PROTECCTION INFORMATION) MUST BE PROVED BY THE AGENCY CLAIMING THE EXEMPTION WITH A STATUTE CITATION.

 

Leave a Reply