Wednesday, March 22, 2023


“We share a typical mission to advertise transparency in authorities.”

American Oversight, in its quite a few EMails to the Florida Division of Schooling, beginning on Might 4, 2022.

Tallahasee_supreme_court_920 Inside Florida .org(The Florida Supreme Courtroom / 920 Inside Florida)

American Oversight is a nonprofit group that made greater than eight (8) requests for public entry to non-exempt public data held by the Florida Division of Schooling.  They made extra requests than that, however they sued the DOE for not complying with respect to these 8 beneath the Florida Structure and Florida’s Public Information Act.  Right here is their criticism:  Obtain American Oversight v. Florida Dep’t of Schooling Grievance to Implement Public Information Act filed March 16 2023 (2nd Jud. Cir. Leon County Fla.).

American Oversight’s public data requests are connected as Reveals to their Grievance and you’ll learn them for your self.

They obtained fed up, apparently, and complained about DOE’s enterprise mannequin of “a demonstrated historical past of delayed responses to American Oversight’s public data requests.”  Id. at 6 n.7.  In order that they sued for higher entry, or in lots of circumstances entry within the first place, to the general public data they requested on Might 4, 2022; January 12, 2023, and February 15, 2023.  They despatched comply with up EMails on their earlier requests on January 25, 2023 and obtained crickets, nothing, Nada, Radio Silence from the present Florida Division of Schooling.  Lastly, they repeated their public data requests (and should have added some) once they despatched their public data request on February 15, 2023.  “Thus far, DOE has failed to supply a single report that’s conscious of any of the eight requests at concern on this Grievance.”  Id. at 20, ¶ 5.

No matter how the American Oversight v. Fla. Dep’t of Schooling lawsuit seems, in a choice cited within the Grievance (id. at 20), the Florida Supreme Courtroom beforehand held:

The one problem permitted by the Act on the time a request for data is made is the assertion of a statutory exemption pursuant to part 119.07.  The one particular person with the facility to lift such a problem is the custodian. 

Tribune Co. v. Cannella, 458 So. 2nd 1075, 1078-79 (Fla. 1984).  There’s in fact no statutory exemption pursuant to part 119.07 right here, parenthetically, and naturally there was no problem right here, allegedly simply delay and silence and incomplete responses.

Additional, the regulation has been clear for almost 40 years, not less than till the 2023 Florida DOE got here alongside, that it’s as much as the Florida Legislature to exempt data from public disclosure, not the DOE (or anybody else):

The legislature has positioned the books on the desk; solely it has the facility to change that state of affairs.

    We subsequently maintain that the legislative scheme of the Public Information Act has preempted the regulation regarding any delay in producing data for inspection. The one delay permitted by the Act is the restricted affordable time allowed the custodian to retrieve the report and delete these parts of the report the custodian asserts are exempt.

Tribune Co., 458 So. 2nd at 1079 (emphasis added).

Once more, no matter how the American Oversight v. Fla. Dep’t of Schooling case could also be determined, there’s a query for Florida’s chief regulation enforcement officer, the Legal professional Normal of the State of Florida:  Is the Florida Supreme Courtroom’s determination nonetheless the regulation of Florida?  Or in your judgment, Normal Ashley Moody, does the Florida DOE — or anybody else — now have the facility to change that state of affairs?

On this final day of Sunshine Week, this text shall be revealed each on Claims and Points Weblog and on Claims and Dangerous Religion Regulation Weblog.

Please learn the disclaimer.  ©2023 Dennis J. Wall.  All rights reserved.



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