Florida/Georgia Personal Injury & Workers Compensation

...Zelonker, Miami, for Isabel Sanchez and Ofelia Escobedo. Before SCHWARTZ, NESBITT and JORGENSON, JJ. NESBITT, Judge. These consolidated appeals involve the identical question as to whether the official charged by law with the maintenance of public records pursuant to Section 119.021, Florida Statutes (1979), may transfer actual physical custody of the records to the county attorney and thereby avoid compliance with a request for inspection under the Public Records Act, Chapter 119, Florida Statutes (1979)....

...119.07(1)(a), Florida Statutes (1979). However, there is no doubt but that Tober, as Director of the Agency, is the officer "charged by law with the responsibility of maintaining the office" and is consequently the custodian of the subject records. § 119.021, Fla....

...Lucie and city manager Donald Cooper, we reverse the order granting the motion to dismiss. Appellants were the proper party plaintiffs to the lawsuit seeking public records. The complaint facially stated a cause of action for relief under chapter 119, Florida Statutes (1995). Whether or not the custodian designated under section 119.021 was served with a records request is not germane to this lawsuit....

...ranch). Neither the statute nor the case law supports such a broad interpretation of the term "public record." The Times also takes issue with the City's procedure in this case. The Times *848 argues that the official records custodian designated by section 119.021, Florida Statutes (2000), was required to review each e-mail to determine whether the employee properly designated it as "nonpublic record." Because the City allowed the individual employees to perform this function without any oversight, the Times maintains that it "failed to fulfill its obligations as custodian." We disagree. Section 119.021 provides that the "custodian" is the elected officer "or his or her designee." Nothing in this provision limits who the elected officer may designate in order to delegate the task to review requested records....

...(1) All requests for production of public records and all objections to production of *478 public records shall be filed in the trial court, with a copy to the trial judge, on or before the expiration of the time required by this rule. (2) Service of a request for production shall be upon the custodian designated pursuant to section 119.021, Florida Statutes, and a copy of that request for production shall be served upon the attorney general and upon all counsel of record in the postconviction proceedings....

...file had been destroyed. In response, Reese filed a motion to compel the production of these materials, which was denied by the trial court. Because we find no error, we affirm. The State sent Reese a copy of his file in January of 2006. Pursuant to section 119.021(2), Florida Statutes (2007), [2] the file was destroyed in 2007, thereby making it impossible for the trial court to grant Reese's motion to compel its production....

...ship, corporation, or business entity acting on behalf of any public agency." 2 See Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc. , 379 So. 2d 633 (Fla. 1980). 3 See Wait v. Florida Power Light Company , 372 So. 2d 420 (Fla. 1979). 4 Section 119.021 (2)(a), Florida Statutes, requires the Division of Library and Information Services of the Department of State to adopt rules establishing retention schedules and a disposal process for public records....

Harold M. Paxton, Jr., dated March 19, 1996. Section 119.021, Florida Statutes, provides that the elected

closed on October 10, 2003 and [in accord with section 119.021(2)(a), Florida Statutes] the physical file

maintained by the individual school board members. Section 119.021, F.S., provides: The elected or appointed

person who has custody of a public record.5 Section 119.021, Florida Statutes, prescribes the manner in

Benefit Unit should be delivered, pursuant to section 119.021(4), Florida Statutes, to the records custodian

...ctual costs of producing copies. Any attempt to charge excessive fees in an effort to discourage citizens from exercising their right to inspect and copy public records would constitute a violation of the Public Records Law. Questions Three and Four Section 119.021 (2)(a), Florida Statutes, requires the Division of Library and Information Services (division) of the Department of State to adopt rules establishing retention schedules and a disposal process for public records....

...(1) All requests for production of public records and all objections to production of public records shall be filed in the trial court on or before the expiration of the time required by this rule. (2) Service of a request for production shall be upon the custodian designated pursuant to section 119.021, Florida Statutes, and a copy of that request for production shall be served upon the attorney general and upon all counsel of record in the postcon-viction proceedings....

...icial business by or on behalf of a public agency such as the city. In light of the above, the city, should it establish a Facebook page, may wish to post a warning regarding the application and implications of the Public Records Law. 7 Question Two Section 119.021 (2)(a), Florida Statutes, requires the Division of Library and Information Services (division) of the Department of State to adopt rules establishing retention schedules and a disposal process for public records....

...te: "Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing." 8 Section 119.021 (2)(b), Fla. Stat. And see s. 119.021 (2)(c), Fla....