Florida/Georgia Personal Injury & Workers Compensation

...Broward County School Board to prepare for and engage in collective bargaining negotiations with the School Board. Appellees sought access to certain public records maintained on a computer. The parties stipulated that, without admitting fault under Section 119.10, appellants would permit appellees access to the computer records including copies of computer tapes....

...r data banks resulting in a printout of the public records in appellees' desired format. Furthermore, the order determined that appellants were in violation of the statute, despite the stipulation of the parties that fault (violation of the statute, Section 119.10) would be heard and decided at a subsequent hearing....

...Literally construed, the statute would apply to doodlings and even the ordinary cassettes and tapes, customarily erased for reuse, employed in dictating equipment. The cost to the state — the taxpayers — would be incalculable and the size of jails would have to doubled. (See F.S. 119.10) No better argument for the unreasonableness of such an interpretation may be found than in the foregoing opinion itself....

...The fulfillment of this duty is policed primarily thrqugh civil actions, which are characterized throughout chapter 119 as being brought “to enforce the provisions” of chapter 119. §§ 119.07(l)(h), 119.11(1), (4), 119.12, Fla. Stat. Further, under section 119.10, a public officer who violates chapter 119 can personally face criminal penalties for ■ “[kjnowingly” or “willfully and knowingly” violating the duty to allow *127 public records to be inspected or copied. §§ 119.10(l)(b), (2)(a), Fla....

...l]” requirement of the attorney’s fee statute, which contains, no such statutory language. If the Legislature intended to require the award of attorney’s fees to a successful litigant only if the refusal was done “knowingly and willfully,” section 119.10 demonstrates that the Legislature certainly knew how to use those specific terms....

suits in which the State of Florida is a party. Section 119.10(1), F.S., states: "Any public officer who violates