Tribune Co. v. Daniels

20 Fla. Supp. 2d 79
CourtCircuit Court for the Judicial Circuits of Florida
DecidedDecember 4, 1986
DocketCase Nos. GC-G-86-3811 and GC-G-86-3234 (Consolidated)
StatusPublished

This text of 20 Fla. Supp. 2d 79 (Tribune Co. v. Daniels) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tribune Co. v. Daniels, 20 Fla. Supp. 2d 79 (Fla. Super. Ct. 1986).

Opinion

[80]*80OPINION OF THE COURT

DENNIS P. MALONEY, Circuit Judge.

On motion of all parties, the above-styled lawsuits were consolidated for a non-jury trial which took place in Bartow on November 12, 1986. While the issues raised in both lawsuits are similar, the specific complaints and defenses differ.

The Lakeland Ledger requests this court to do the following things:

(1) Issue a permanent mandatory injunction, enjoining and restraining the Sheriff from requiring the Ledger to submit in writing requests for public documents; from destroying any public records; or from promulgating any other policy which contravenes the Public Records Act.

(2) Issue a writ of mandamus compelling the Sheriff to perform his duty of permitting the inspection, examination and copying of nonexempt public records of the Sheriff’s Department by any person desiring to do so, at reasonable times, under reasonable conditions, pursuant to the Public Records Act.

(3) Grant declaratory relief to determine the Sheriff’s rights, duties and obligations in honoring requests for the inspection and copying of public records; to determine whether or not the Sheriff is subject to the Public Records Act; to determine which, if any, of the requested documents are public records; to determine whether the Sheriff’s policy of requiring public records requests be put in writing is in violation of the Public Records Act; to determine whether the Sheriff’s method of restraining Sheriff’s Department employees from talking to Ledger reporters about matters pertaining to public records is a violation of the Public Records Act; and to determine whether the Sheriff’s policy of destroying records and delaying access to records is a violation of the Public Records Act.

The Tribune Co., in its Complaint, requests a declaration of its rights and responsibilities of the Sheriff arising under the Public Records Act to preserve, maintain control over and disclose upon request public records made or received in connection with official business. The Tribune Co.’s Complaint requests a declaration that:

(1) The Public Records Act requires the Sheriff to comply with all requests for public records within a reasonable time after receipt of an oral or written request;

(2) The Public Records Act requires the Sheriff to maintain control [81]*81over public records sufficiently, so compliance with requests can be met within a reasonable period of time;

(3) The Sheriff must dispose of documents only in accordance with a program consistent with retention schedules of the Division of Archives, History and Records Management of the Department of State.

INJUNCTIVE RELIEF

With respect to the Ledger’s request that the court issue a permanent mandatory injunction, the court finds that injunction is not the appropriate remedy. An injunction is an extraordinary remedy and will issue only when there is no adequate remedy at law and only to prevent irreparable injury. The prospective injury must be so imminent and probable as to demand preventive action by the court. Facts must be plead which clearly, definitely and unequivocally set forth sufficient allegations to support the conclusion of irreparable damage. A bare allegation of future injury is not definite enough to show that irreparable injury will occur. Swensen v. Lofton, 457 So.2d 1069 (Fla. 2d DCA 1984); City of Coral Springs v. Florida National Properties, 340 So.2d 1271 (Fla. 4th DCA 1976); First National Bank in St. Petersburg v. Ferris, 156 So.2d 421 (Fla. 2d DCA 1963). Because the allegations and the evidence of future injury are not definite enough to show the imminency of irreparable damage, and because there are other adequate remedies available to the plaintiff, the court’s intervention in this cause by way of a permanent mandatory injunction is unwarranted.

WRIT OF MANDAMUS

The Ledger requests the court to compel the Sheriff, by issuing a writ of mandamus, to perform his duty of permitting the inspection, examination and copying of non-exempt public records of the Sheriff’s Department by any person desiring to do so, at reasonable times, under reasonable conditions. There are certain specific documents which were requested by the Ledger and are at issue in this cause. The specific documents requested by the Ledger are (1) internal memoranda and typed or handwritten notes and the results relating to the preparation for and taking of polygraph examinations of prospective employees conducted by outside examiners at the Sheriff’s request; (2) handwritten or typed notes, internal memoranda and results relating to an administrative audit conducted by the Sheriff; and (3) documents pertaining to the names and addresses of a Citizen Contact Group, the duties of the group, and a financial account of money set aside in 1986-87 for the group. The matter of the request for documents pertaining to an investigation conducted by a private investigator employed by the [82]*82Sheriff has been resolved by a separate Order dated November 25, 1986.

Based upon the evidence presented, the court makes the following findings of fact:

(1) All documents pertaining to the polygraph examinations are public records subject to disclosure to the extent the records have been maintained in personnel files by the Sheriff. Michel v. Douglas, 464 So.2d 545 (Fla. 1985); Chapter 119, Fla. Stat.

(2) All documents and worksheets pertaining to the administrative audit are public records subject to disclosure. The documents were prepared in connection with official agency business and perpetuated, communicated or formalized knowledge intended as final evidence to be recorded, and were not mere precursors of records. Bay County School Board v. Public Employee Relations Commission, 382 SO.2d 747 (Fla. 1st DCA 1980); Chapter 119, Fla. Stat.

(3) All documents pertaining to the Citizens Contact Group are public records subject to disclosure. All aspects of the Citizens Contact Group, including its duties and funding, are related to the Sheriff’s official, quasi-official or political activities. News and Sentinel Co. v. Modesitt, 466 So.2d 1164 (Fla. 1st DCA 1985) pet. for rev. denied, 476 So.2d 674 (Fla. 1985); Chapter 119, Fla. Stat.

(4) The Polk County Sheriff’s Office is an “agency” as defined by Sec. 119.011(2), Fla. Stat.

(5) Sheriff Daniels, as the elected officer charged with the responsibility of maintaining the Sheriff’s Office, is the custodian of the records. Sec. 119.021, Fla. Stat.; Tober v. Sanchez, 417 So.2d 1053 (Fla. 4th DCA 1982).

(6) Sheriff Daniels has a legal duty to maintain public records and to disclose them to the public unless the records are exempted. Chapter 119, Fla. Stat.

(7) None of the documents fall within a recognized exemption to the Public Records Act.

(8) A request for production of the documents was made by the Lakeland Ledger.

(9) Sheriff Daniels failed to produce all of the documents.

(10) Petitioners are entitled to production of the documents and mandamus is the appropriate remedy to compel compliance with the Public Records Act. Wait v. Florida Power and Light Co., 372 So.2d 420 (Fla. 1979). [83]

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Related

Sosna v. Iowa
419 U.S. 393 (Supreme Court, 1975)
First National Bank in St. Petersburg v. Ferris
156 So. 2d 421 (District Court of Appeal of Florida, 1963)
LaBella v. Food Fair, Inc.
406 So. 2d 1216 (District Court of Appeal of Florida, 1981)
Michel v. Douglas
464 So. 2d 545 (Supreme Court of Florida, 1985)
Wait v. Florida Power & Light Co.
372 So. 2d 420 (Supreme Court of Florida, 1979)
Times Pub. Co. v. Burke
375 So. 2d 297 (District Court of Appeal of Florida, 1979)
City of Coral Springs v. Florida Nat. Properties
340 So. 2d 1271 (District Court of Appeal of Florida, 1976)
Tober v. Sanchez
417 So. 2d 1053 (District Court of Appeal of Florida, 1982)
Tribune Co. v. Cannella
458 So. 2d 1075 (Supreme Court of Florida, 1984)
Alsop v. Pierce
19 So. 2d 799 (Supreme Court of Florida, 1944)
State ex rel. Catts v. Crawford
73 So. 589 (Supreme Court of Florida, 1916)
State ex rel. West v. Florida Coast Line Canal & Transportation Co.
73 Fla. 1006 (Supreme Court of Florida, 1917)
State ex rel. Fraternal Order of Police, Orlando Lodge No. 25 v. City of Orlando
269 So. 2d 402 (District Court of Appeal of Florida, 1972)
Swensen v. Lofton
457 So. 2d 1069 (District Court of Appeal of Florida, 1984)
News & Sun-Sentinel Co. v. Modesitt
466 So. 2d 1164 (District Court of Appeal of Florida, 1985)

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Bluebook (online)
20 Fla. Supp. 2d 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tribune-co-v-daniels-flacirct-1986.