CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 16284
...dant in a proceeding ancillary to the principal action, appellees assert that the governmental venue privilege should not apply. The Federal authorities tend to support appellees' position. Wright on Federal Courts, § 76; 3 Moore, Federal Practice, § 14.28(2), Odette v....
CopyCited 8 times | Published | Supreme Court of Florida | 1996 WL 72570
...The judge determined that certain handwritten notes either were not public records or were exempt from disclosure under section
119.07(3)( l ), Florida Statutes (1995). [2] The judge ruled that materials relating to Roberts' clemency proceedings were exempt under section
14.28, Florida Statutes (1993)....
...[7] Roberts' last issue questions the propriety of withholding the clemency materials from his public records request. We note at the outset that clemency files and records are not subject to chapter 119 disclosure. Parole Comm'n v. Lockett,
620 So.2d 153 (Fla.1993); §
14.28, Fla.Stat....
...In the case of capital collateral litigation, the Attorney General's office is entitled to claim this exemption "for those public records prepared for direct appeal as well as for all capital collateral litigation after direct appeal until execution of sentence or imposition of a life sentence." Id. [3] Section 14.28, Florida Statutes (1993), provides in pertinent part that "[a]ll records developed or received by any state entity relating to a Board of Executive Clemency investigation shall be exempt from the provisions of s....
CopyCited 5 times | Published | Supreme Court of Florida | 2003 WL 403065
...[2] We likewise affirm the present order of the circuit court denying King's motion. The third and last claim raised in King's appeal is that the circuit court erred in not granting King's request for records from the Office of the Governor by *1050 ruling that such records were exempt under section 14.28, Florida Statutes (2002)....
CopyCited 1 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 73, 2014 WL 346026, 2014 Fla. LEXIS 436
...became unconscious or whether they experienced pain during their executions.
Therefore, we conclude pursuant to Muhammad that the circuit court properly
denied these records requests.
Florida Parole Commission/ Office of Executive Clemency—Finally,
Chavez relies upon section 14.28, Florida Statutes, to contend that he is entitled to
“non-investigatory” clemency documents from the Florida Parole Commission and
its Office of Executive Clemency....
...That statute provides: “All records developed or
received by any state entity pursuant to a Board of Executive Clemency
investigation shall be confidential and exempt from the provisions of s.
119.07(1)
and s. 24(a), Art. I of the State Constitution.” §
14.28, Fla....
... ‘derived’ solely from the Constitution.” Parole Comm’n v. Lockett,
620 So. 2d
153, 157 (Fla. 1993) (quoting In re Advisory Op. to the Governor, In re Admin.
Procedure Act, Exec. Clemency,
334 So. 2d 561, 562 (Fla. 1976) (footnote
omitted)). Thus, to the extent section
14.28 could be read to exclude certain
clemency materials from confidentiality, Rule of Executive Clemency 16, which
provides that all records in the clemency process are confidential, controls pursuant
to Lockett....
CopyPublished | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 18926
(Fla. 3d DCA 1972); 3 J. Moore Federal Practice §
14.28(2) (1982); H. Trawick, Florida Practice and Procedure
CopyPublished | Supreme Court of Florida
...or are reasonably calculated to lead to the discovery of
admissible evidence; and
(D) shall be served in accord with subdivision (c)(l) of this rule.
- 28 -
“clearly confidential and exempt from public records requests under
section 14.28, Florida Statutes (2024)[,] and the Florida Rules of
Executive Clemency.” The court also found the demands overly
broad, unduly burdensome, and not reasonably calculated to lead
to a colorable claim for relief....
...We review the denial of
Gudinas’s demand for public records for abuse of discretion,
Muhammad v. State,
132 So. 3d 176, 200 (Fla. 2013), and find
none.
The requested records relating to the clemency process are
exempt from disclosure. Id. at 203. Section
14.28, Florida Statutes
(2024), provides that “[a]ll records developed or received by any
state entity pursuant to a Board of Executive Clemency
investigation shall be confidential and exempt from the provisions of
s....
...s as set
forth in the Rules of Executive Clemency are confidential
and shall not be made available for inspection to any
person except members of the Clemency Board and their
staff.
This Court has held that “to the extent section
14.28 could be
read to exclude certain clemency materials from confidentiality [i.e.,
non-investigatory documents], Rule of Executive Clemency 16,
which provides that all records in the clemency process are
confidential, controls . . . .” Chavez v. State,
132 So. 3d 826, 831
(Fla. 2014). And under section
14.28 and rule 16, only the
Governor can authorize the release or inspection of such records.
See §
14.28, Fla....
CopyPublished | Supreme Court of Florida
...3d at 549 (denying
requests for lethal injection protocol because the records sought
were not related to a colorable Eighth Amendment claim). And
clearly, records relating to the clemency process are confidential
and exempt from public records requests under section 14.28,
Florida Statutes, and the Florida Rules of Executive Clemency....
CopyPublished | Florida 3rd District Court of Appeal
Section 1445 (1971); 3 Moore, Federal Practice, Section
14.28(2), (2nd ed. 1974). Affirmed. OWEN, C. J., and
CopyPublished | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 195, 1999 Fla. LEXIS 665, 24 Fla. L. Weekly Fed. S 195
These documents were exempt from disclosure under §
14.28, Florida Statutes (1995), and Rule 16 of the Clemency
