Consumer Rights, LLC v. Union County

159 So. 3d 882, 2015 Fla. App. LEXIS 2702, 2015 WL 798087
CourtDistrict Court of Appeal of Florida
DecidedFebruary 26, 2015
DocketNo. 1D14-2653
StatusPublished
Cited by5 cases

This text of 159 So. 3d 882 (Consumer Rights, LLC v. Union County) 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
Consumer Rights, LLC v. Union County, 159 So. 3d 882, 2015 Fla. App. LEXIS 2702, 2015 WL 798087 (Fla. Ct. App. 2015).

Opinions

PADOVANO, J.

The plaintiff, Consumer Rights, LLC, appeals a final judgment denying its claims for relief against the defendant, Union County, under the public records law. We conclude that the trial court did not err in denying the plaintiffs claim for attorney fees, because the county did not unlawfully refuse to disclose the public records at issue. Finding no error as to any of the other points raised on appeal, we affirm.

The public records request was made on October 30, 2013, from an email account bearing the address ask4records@gmail. com and it was sent to the county at UCBOCC@windstream.net, an email address posted on the county’s website and not associated with a particular county employee. The request was made on behalf of an unidentified “Florida company” and it was submitted by an unnamed agent of the company. Other than the email address, ask4records@gmail.com, the request did not contain any information as to how the county might contact the agent or the corporation. The complete text of the request is as follows:

To: The county of Union County, Florida
PUBLIC RECORDS REQUEST: I am making the following public records request on behalf of a Florida company: I don’t know what records you keep, or how you keep them, but I would like to get a complete list of all the work email addresses of all the employees that work for your county that have email addresses. If you already have such a list put together then that list is what I want. If you don’t already have such a list put together, I am not asking you to create the list per se. I am simply requesting that you produce to me all of the individual public records (email addresses) you have that, when put together, would make up a list of all the work email addresses of all the employees of your county that have work email addresses. I am describing the list I desire so you will know what group of individual public records (email addresses) I want. I don’t want duplicates. I want these records emailed to me at ask4records@ gmail.com electronically please. I don’t want any paper records of these email addresses. I want electronic copies of these records. If you feel that I am not entitled to these records for some reason, please email me and let me know every reason why you feel this way. If you take longer than the law allows you to produce these requested records, the utility of the records to the requestor (the Florida company I am writing on [884]*884behalf of) will have substantially diminished and the requestor will be damaged as a result of such delay. If you conclude that any portions of the records requested by this request are exempt or confidential, please state in writing and with particularity the reasons for your conclusion that those portions of the records requested are exempt or confidential. If you contend that any of the public records I have requested are exempt, confidential, or otherwise not subject to disclosure, please email me every reason why you feel that way in writing and with particularity. Thank You.

On March 4, 2014, four months after sending the email request, the plaintiff filed a lawsuit against the county. The complaint sought injunctive relief, a writ of mandamus and an award of attorney fees under section 119.12, Florida Statutes (2013). The county subsequently provided all of the records at issue, and the controversy between the parties was then effectively limited to the plaintiffs claims for injunctive relief and attorney fees.

The trial court held an evidentiary hearing on these claims and ruled in favor of the county. The court made a number of findings and conclusions in support of the judgment. One that is pertinent to our analysis here is a finding by the court that the county had not acted in bad faith by failing to provide the records sooner. On this point, the court reasoned that plaintiffs request was “intentionally designed to appear to be deceptive.” This finding was based on the testimony of a county official who explained that he did not respond to the records request immediately because it appeared to constitute “phishing,” a term that refers to a scam to dupe an email recipient into revealing personal or confidential information that can later be used illicitly. Ultimately, the trial court concluded that the delay in providing the records was not tantamount to an unlawful refusal and that the plaintiff was not therefore entitled to an award of attorney fees.

We begin our analysis by examining the applicable constitutional and statutory provisions. Article I, section 24(a) of the Florida Constitution provides in material part:

Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or person acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution.

This constitutional provision is implemented by section 119.07(l)(a), Florida Statutes, which states,

Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian- of the public records.

Section 119.07(l)(a) does not specify the method by which a governmental entity must disclose public records, but it is clear from other parts of Chapter 119, and the applicable case law, that a person is entitled to make a request for public records by email and that the governmental entity may be required to provide the records in electronic form. See § 119.01(2)(a), Fla. Stat. (stating that automation of public records must not erode the right of access to those records); § 119.01(2)(f), Fla. Stat. (requiring the agency to provide electronic records in. the form in which they are regularly maintained); Wootton v. Cook, 590 So.2d 1039 (Fla. 1st DCA 1991) (noting that the agency must supply computerized records in the format in which they are kept).

[885]*885The public records law imposes a duty of good faith on public officers who are charged with the responsibility of complying with the law. On this point section 119.07(l)(c) states, “A custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith.” This duty, unlike the strict legal duties imposed by the law, is subjective. Whether a governmental entity acted in “good faith” in the manner in which it responded to a request for disclosure of public records is necessarily a question for the court to decide based on the circumstances of a case.

In this case we are not presented with a claim of exemption or an outright refusal to provide public records. Rather, the issue we must decide is whether the county’s belated compliance with the plaintiff’s request is the functional equivalent of an unlawful refusal. The records have been provided at this point, so our decision on this issue will determine only the entitlement to attorney fees. Section 119.12 addresses the issue of fees as follows.

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Cite This Page — Counsel Stack

Bluebook (online)
159 So. 3d 882, 2015 Fla. App. LEXIS 2702, 2015 WL 798087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consumer-rights-llc-v-union-county-fladistctapp-2015.