City of Plant City v. Department of Children & Family Services

101 So. 3d 407, 2012 Fla. App. LEXIS 20327, 2012 WL 5935665
CourtDistrict Court of Appeal of Florida
DecidedNovember 28, 2012
DocketNo. 2D11-4366
StatusPublished
Cited by1 cases

This text of 101 So. 3d 407 (City of Plant City v. Department of Children & Family Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Plant City v. Department of Children & Family Services, 101 So. 3d 407, 2012 Fla. App. LEXIS 20327, 2012 WL 5935665 (Fla. Ct. App. 2012).

Opinion

NORTHCUTT, Judge.

The City of Plant City appeals an order denying its motion to inspect court records in a dependency case. We conclude that the City met its statutory burden to demonstrate that it had a proper interest in inspecting the records, and we reverse the order denying the City’s request.

J.B. is a child whose mother was killed in 2008 and whose father is incarcerated for that murder. The circumstances of her mother’s death gave rise to a wrongful death action, filed in 2010 against the City based on allegations that its 911 operator was negligent. Also in 2010, J.B. came under the supervision of the Department of Children and Family Services in a dependency proceeding. The City filed a motion in the dependency proceeding seeking to inspect the court records concerning J.B.

By statute, dependency court records are not public. Section 39.0132(3), Florida Statutes (2011), provides in pertinent part as follows:

The clerk shall keep all court records required by this chapter separate from other records of the circuit court. All court records required by this chapter shall not be open to inspection by the public. All records shall be inspected only upon order of the court by persons [409]*409deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162 [pertaining to adoption], a child and the parents of the child and their attorneys, guardian ad litem, law enforcement agencies, and the department and its designees shall always have the right to inspect and copy any official record pertaining to the child.

(Emphasis added.) See also Fla. R. Jud. Admin. 2.420(c)(7) (declaring confidential all records so designated under Florida law); (c)(8) (declaring confidential all records so designated by Florida Statutes); (d)(l)(B)(i) (specifically listing dependency records under chapter 39 as confidential).

In this case, the City asserted that it had a proper interest in J.B.’s dependency court records due to the wrongful death suit, which seeks to recover damages on J.B.’s behalf. After a hearing, the dependency court denied the motion. The court reasoned that the City “failed to put forth any compelling reason for the release of the confidential records sought which would outweigh the privacy interests of [the child].”1

Case law addressing confidential records under section 39.0132(3) is scant, and no authority directly answers the questions posed in this case. In R.L.F. v. Department of Children & Families, 63 So.3d 902 (Fla. 5th DCA 2011), the Fifth District denied a petition in which a dependent child’s stepfather sought a writ of mandamus directing the dependency court to grant him access to the child’s court records. The R.L.F. court observed that a step-parent is not among those to whom the statute gives an absolute entitlement to the records. 63 So.3d at 904 (citing section 39.0132(3), which lists those who “shall always have the right to inspect and copy” the otherwise confidential records). Therefore, the court held, the dependency court had discretion to determine whether to grant access to the stepfather. A discretionary ruling cannot be directed by a writ of mandamus. City of Miami Beach v. Mr. Samuel’s, Inc., 351 So.2d 719, 722 (Fla.1977).

After rejecting mandamus as an available remedy, R.L.F. suggested that abuse of discretion is the standard for reviewing circuit court rulings on applications for access to records under the statute. 63 So.3d at 904 (stating that “trial court possessed discretion to determine whether to grant R.L.F. access to the records”). Applying the standard here, we note that an exercise of judicial discretion must always be governed by applicable law. See McDuffie v. State, 970 So.2d 312, 326 (Fla.2007) (“A trial court also abuses its discretion if its ruling is based on an erroneous view of the law .... ” (quoting in part Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990)) (internal quotation marks omitted)).

In this ease, the dependency court abused its discretion by failing to apply the test established in section 39.0132(3). The statute does not require a third party seeking to inspect dependency court records to prove that its interest in doing so is compelling or that it outweighs the child’s privacy interest. When enacting the statute, the legislature has already weighed the interests at issue and determined that those with a “proper” interest in inspecting the records shall be permitted to do so. In the context of the statute as a whole, the test requires a third party [410]*410seeking to inspect dependency court records to demonstrate that doing so will serve a legitimate and appropriate interest that differs from that of the public at large.

The City made such a showing here. It is the defendant in a wrongful death suit that seeks to recover damages on the child’s behalf. The child’s recovery may include damages for loss of support and services determined in part by her relationship with her mother, “lost parental companionship, instruction, and guidance[,] and for mental pain and suffering.” See § 768.21(1), (3), Fla. Stat. (2008). Certainly, the City has a legitimate, appropriate interest in discovering facts that will permit it to assess the damages claimed against it, for purposes of either defending itself or engaging in settlement negotiations.

J.B. and the Department argue that the City does not have standing to bring this appeal. It is true that section 39.510(1) purports to limit appellate standing in dependency actions. This statute provides that an appeal may only be brought by the Department and by “[a]ny party to the proceeding who is affected by an order of the court.” § 39.510(1) (emphasis added). See D.M. v. Dep’t of Children & Families, 978 So.2d 211, 213-14 (Fla. 2d DCA 2008) (noting that section 39.510(1) limited standing to appeal final orders by a dependency court and superseded Florida Rule of Appellate Procedure 9.146(b), which appeared to grant standing to a larger class based on an earlier version of the statute).

But as was said in Canfield v. Cantele, 837 So.2d 371, 375 (Fla.2002), the issue of jurisdiction here turns on whether the order is a final order. We conclude that it is — the order ended judicial labor in the dispute between the City, J.B., and the Department. See S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 99 (Fla.1974) (“Generally, the test employed by the appellate court to determine finality of an order ... is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.”); Canfield, 837 So.2d at 375 (same); see also Philip J. Padovano, Florida Appellate Practice § 23:2 at 470 (2011-2012 ed.) (“Orders adjudicating the rights of nonparties are often final when they are entered even if the litigation between the parties is not yet complete at that time.”). In an analogous case, this court previously held that a nonparty could appeal a dependency court’s final order denying its motion to intervene. Adoption Miracles, LLC v. S.C.W., 912 So.2d 368, 370 (Fla. 2d DCA 2005).

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101 So. 3d 407, 2012 Fla. App. LEXIS 20327, 2012 WL 5935665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-plant-city-v-department-of-children-family-services-fladistctapp-2012.