What Are the Sunshine State Laws and Should they be Amended?

[mydailyopinions]

I personally feel that cases involving minor children should be protected against certain aspects of the Sunshine Law. I am referring to any minor child, not just Caylee. I would like to see the amendment "Caylee's Law", where a court appointed representative determines what goes into the public and what does not, and is determined by a neutral person to be in the best interest of the minor child.
If that means we don't learn the COD until trial, then so be it.
If that means we are not told of how many bones were recovered in a death of a child..so be it..
If it means that a court appointed person deems it wrong to place a picture of the child with the person who killed them, molested them, or whatever on TV, then so be it.

I clearly think that the rights of children should be protected at all costs.

 

[gardenhart]

Discovery documents are not generally released to the public or the media ... It is the Florida laws which allow it in this case. FOIA is Federal therefore would not apply.... all of the documents have been released due to media request citing Florida Sunshine laws.

Actually, FOIA is what the law is called in my state and many others. I was using it as a general term, as do many.

Discovery documents are filed in the case file in the courthouse and are available to the public as soon as they are filed. You can but don't need a FOI (or sunshine or whatever you want to call it) request to get access to those documents.

The vast majority of the material made available has been discovery documents. They would have been made available anyway. The Sunshine law applies to state and local agencies, government meetings and records. It doesn't apply to court records.

a. Public Records Act inapplicable to judicial records

Relying on separation of powers principles, the courts have consistently held that the judiciary is not an "agency" for purposes of Ch. 119, F.S. See, e.g., Times Publishing Company v. Ake, 660 So. 2d 255 (Fla. 1995) (the judiciary, as a coequal branch of government, is not an "agency" subject to supervision or control by another coequal branch of government) and Locke v. Hawkes, 595 So. 2d 32 (Fla. 1992). Cf., s. 119.0714(1), F.S., stating that "[n]othing in this chapter shall be construed to exempt from [s. 119.07(1), F.S.] a public record that was made a part of a court file and that is not specifically closed by order of court . . . ." (e.s.). And see, Tampa Television, Inc. v. Dugger, 559 So. 2d 397 (Fla. 1st DCA 1990) (Legislature has recognized the distinction between documents sealed under court order and those not so sealed, and has provided for disclosure of the latter only).

However, the Florida Supreme Court has expressly recognized that "both civil and criminal proceedings in Florida are public events" and that it will "adhere to the well established common law right of access to court proceedings and records." Barron v. Florida Freedom Newspapers, 531 So. 2d 113, 116 (Fla. 1988). See also, Russell v. Miami Herald Publishing Co., 570 So. 2d 979, 982 (Fla. 2d DCA 1990), in which the court stated: "[W]e recognize that the press has a general right to access of judicial records."

Moreover, even though the judiciary is not an "agency" for purposes of Ch. 119, F.S., there is a constitutional right of access to judicial records established by Art. I, s. 24 of the Florida Constitution. This provision states that the public has a right of access to records in the judicial branch of government, except for those records exempted in the Constitution, records exempted by law in effect on July 1, 1993, records exempted pursuant to court rules in effect on November 3, 1992 [the date of adoption of the constitutional amendment], and records exempted by law in the future in accordance with the procedures specified in s. 24(c), Fla. Const. See, Amendments to the Florida Family Law Rules of Procedure, 723 So. 2d 208, 209 (Fla. 1998), noting that under Art. I, s. 24, Fla. Const., "any person has the right to inspect court files unless those files are specifically exempted from public inspection."

http://myfloridalegal.com/sun.nsf/manual/FDF82414B328A36C852566F30065CD52

 

[*~Aimee~*]

Question since it is "the sunshine law" - Is it only Florida that allows so much info released?

ETA: I see for myself....I goggled and there is sunshine law's in other states. So why does Fl release so much more than other states. I have never seen so much documentation released. ​

 

[sleutherontheside]

Absolutely, especially in cases involving criminal or civil matters. The release of all the personal emails, phone records, text messages are an invasion of some innocent bystander's privacy.

I also don't particularly like that in FL, you can go to the clerk of the courts website and pretty much find out if your neighbor has ever gotten a traffic ticket, been evicted, been sued, got married or divorced, etc.

How much did your neighbor or coworker pay for their home? Are they delinquent in paying their taxes? It's easy to find on the tax appraiser's website. What is the home address of someone you may be interested in stalking? Well, if they own a home, it's easy to find out.

I understand the morbid curiosity that people have about these things but I do feel it gives FL residents a particular lack of privacy.

As a Florida resident, this case certainly causes me to question the depth of the law regarding disclosure. There is so much personal information that ANYONE can gather on an individual regardless of their reason, or whether it has ANYTHING to do with their own life. I know someone who actually searches public records AND requests information on a regular basis about neighbors, friends, and generally anyone he encounters. I believe there has to be a line drawn. This guy was actually upset because he couldn't obtain detailed info on someones divorce. They had children and so instead of pulling it up on the clerks site, he would have had to go to the clerks office and make the request in person. However, had he done so he would have been able to obtain them. I think in high profile cases a certain amount of info should be available, but I believe that there should be limits. In this case alone, I personally have viewed telephone numbers posted, DL numbers, and other information that had no relevence to the case. At some point shouldn't logic step in????? JMO

 

[trafficsUP66]

Absolutely, especially in cases involving criminal or civil matters. The release of all the personal emails, phone records, text messages are an invasion of some innocent bystander's privacy.

I also don't particularly like that in FL, you can go to the clerk of the courts website and pretty much find out if your neighbor has ever gotten a traffic ticket, been evicted, been sued, got married or divorced, etc.

How much did your neighbor or coworker pay for their home? Are they delinquent in paying their taxes? It's easy to find on the tax appraiser's website. What is the home address of someone you may be interested in stalking? Well, if they own a home, it's easy to find out.

I understand the morbid curiosity that people have about these things but I do feel it gives FL residents a particular lack of privacy.

Homeownership records and property taxes are also available to the public in my state.

However, we didn't get to hear the Pamela Smart tapes until trial! Thankfully!

But I do appreciate the liberal FL laws. Maybe after this case some woman may think long and hard before she pulls the same, knowing she will not have a scintilla of privacy if she decides to murder her child.

 

[hornswoggled]

Yes. I believe the Sunshine Law is too inclusive. The reason I say this is that discovery information should come out at the appropriate time. At the time of trial, not before. My concern is that discovery information being released to the public and media prematurely can lessen the chances of seating an impartial jury. This is the "information age", and the information that is released spreads around the world at the speed of light. A truly impartial juror would unfortunately have to be someone who lives in a vacuum. For myself, I would prefer a juror to be a thinking informed person rather than an uninformed person. The Sunshine Law is a double-edged sword.

ETA: This would be an excellent question for a poll.

 

[gardenhart]

Absolutely, especially in cases involving criminal or civil matters. The release of all the personal emails, phone records, text messages are an invasion of some innocent bystander's privacy.

I also don't particularly like that in FL, you can go to the clerk of the courts website and pretty much find out if your neighbor has ever gotten a traffic ticket, been evicted, been sued, got married or divorced, etc.

How much did your neighbor or coworker pay for their home? Are they delinquent in paying their taxes? It's easy to find on the tax appraiser's website. What is the home address of someone you may be interested in stalking? Well, if they own a home, it's easy to find out.

I understand the morbid curiosity that people have about these things but I do feel it gives FL residents a particular lack of privacy.

This isn't peculiar to Florida.

 

[mikeysmommom]

I think the Sunshine Law is fine and I have truly appreciated being able to see how professional and detailed LE has handled their portion. The Patriot Act I find to be in violation of the constitution and would love to see it burned.

I find them both to be a violation of the constitution. The sunshine law hurts alot of innocent people just because they are friends or family of the accused.IMO

 

[trafficsUP66]

How right you are!! There are other grieving grandparents who have lost a beautiful grandchild at the hands of their own child - but, we haven't heard about every move they make and why not??? Because....they didn't put themselves out there in the media spewing their "twisted and absurd denials of any wrong doing" by the accused. They grieved, they were appreciative of all assistance rendered to them during their crisis and they kept their mouths shut and their private business private.

I have never seen anything like this circus in my entire life and it gets crazier with each new bombshell development.

Like GetSmart's previous post, I am also very involved in the Weleetka, OK murders of two innocent little girls. The lack of any information is maddening. We can't find out a single tidbit of information in Oklahoma. Oh, how I wish we had a law that requires releasing just a small portion of information that the Sunshine law mandates.

NO, NO, NO - please don't ever even consider doing away with the Sunshine law.

OMG--Are you speaking of the two little girls who were killed then found by a GP after leaving a bridge on a country road--aged 12 & 13?

I followed the case for a few weeks--then NOTHING!?

 

[tweety933]

no, I think truth is more important than privacy. People will just use their imaginations, which is usually much more dangerous than the facts, when it comes to judging others, IMO, thanks for asking!!!!

 

[TruthSeeker]

After this case has become a nationwide if not worldwide obsession, do you believe that the state of Florida should consider ammending their very liberal Sunshine State Laws??

YES!! Why? Because I see a selective use of it by LE to influence the public in a case they are afraid they can't win on physical evidence alone. We have also witnessed that happening by a certain news station who became angry over their treatment by people involved in this case. Every night on that "entertainment" station that bills it's self as a news station we see the abuse of it to raise their ratings and make some little people feel important.

The place to decide the guilt or innocence of someone is in the courtroom! They public has been whipped into a frenzy by the abuse of these Sunshine Laws by certain people/organizations. There is so much misinformation and suppositions based on little fact out there it has tainted the process and contributed to the emotional stress of a family going through hell.

Until people grow up and take personal responsibility to think things through instead of being blindly lead by people with ulterior motives, I guess we should limit what is disclosed or make it a law to expose ALL info, not just selective bits of information that benefits one person or organization.

 

[Where's Andre]

Absolutely, especially in cases involving criminal or civil matters. The release of all the personal emails, phone records, text messages are an invasion of some innocent bystander's privacy.

I also don't particularly like that in FL, you can go to the clerk of the courts website and pretty much find out if your neighbor has ever gotten a traffic ticket, been evicted, been sued, got married or divorced, etc.

How much did your neighbor or coworker pay for their home? Are they delinquent in paying their taxes? It's easy to find on the tax appraiser's website. What is the home address of someone you may be interested in stalking? Well, if they own a home, it's easy to find out.

I understand the morbid curiosity that people have about these things but I do feel it gives FL residents a particular lack of privacy.

Don't kid yourself.

Virtually all of the things you complain about are possible in all US States. That's why they call it "public record". The amount of personal information recorded and released is even higher in most of the EU and other "free countries". If you pay taxes on a home or a car etc or get involved in any legal proceedings criminal or civil, it's all public record unless you specifically get it "sealed".

Some states make it easier to get to the information, but it's all there if you dig deeply enough.

 

[one_hooah_wife]

Actually, FOIA is what the law is called in my state and many others. I was using it as a general term, as do many.

Discovery documents are filed in the case file in the courthouse and are available to the public as soon as they are filed. You can but don't need a FOI (or sunshine or whatever you want to call it) request to get access to those documents.

The vast majority of the material made available has been discovery documents. They would have been made available anyway. The Sunshine law applies to state and local agencies, government meetings and records. It doesn't apply to court records.

Again, this is Florida law you are citing... and it is NOT the same as many other states ... which is why I said "Discovery documents are not generally released to the public or the media ... It is the Florida laws which allow it in this case."

 

[Manny]

If this case doesn't prove that the Sunshine law needs revamping, I don't know what does. It is far too broad.

 

[Boots-OK]

OMG--Are you speaking of the two little girls who were killed then found by a GP after leaving a bridge on a country road--aged 12 & 13?

I followed the case for a few weeks--then NOTHING!?

That's the one...here's our WS link:

http://www.websleuths.com/forums/forumdisplay.php?f=162

and you are right...NOTHING is what you get without a sunshine law or something similar!

 

[KeyboardPlayer]

How right you are!! There are other grieving grandparents who have lost a beautiful grandchild at the hands of their own child - but, we haven't heard about every move they make and why not??? Because....they didn't put themselves out there in the media spewing their "twisted and absurd denials of any wrong doing" by the accused. They grieved, they were appreciative of all assistance rendered to them during their crisis and they kept their mouths shut and their private business private.

I have never seen anything like this circus in my entire life and it gets crazier with each new bombshell development.

Like GetSmart's previous post, I am also very involved in the Weleetka, OK murders of two innocent little girls. The lack of any information is maddening. We can't find out a single tidbit of information in Oklahoma. Oh, how I wish we had a law that requires releasing just a small portion of information that the Sunshine law mandates.

NO, NO, NO - please don't ever even consider doing away with the Sunshine law.

I second GetSmart and Boots' posts. I too am extremely frustrated day in and day out by the lack of information released in the Weleetka case. It seems as though LE has all but thrown in the towel, hoping we all will forget about the murders of Taylor and Skyla with the passage of time.

Not gonna happen.

I vote to keep the Sunshine Law, but I also wish it were in effect in Oklahoma.

Cheers,
KP

 

[elfie]

The "State in the Sunshine Law" has it's place. It is needed for transparency in government proceedings ... I think what you will hear about, after this case, is the interpretation of the Sunshine Laws. I can see a high court ruling to refine and narrow its scope ... eventually.

Thanks for your input. You always seem to be knowledgeable on the legal aspects involved. Why is a law seemingly designed for a state's citizenry to keep track of its accountability being used to pummel those same citizens day in and day out?

 

[Crafti]

As much as I want to know this information, I do not feel I have the right to know it at this time. I have been surprised at how much information has been released and how easy it is to get information regarding this case. I think they should amend the law.

But what has amazed me the most has been the way certain people have behaved in person at the A's home. Complete strangers (like us really) felt justified in actually going to their home and harrassing this family and their behavior IMO is just as outragious as KC's actions. It's one thing to have a quiet discussion with others about your opinions and feelings, even on the internet, but to go to their home is just wrong. I'm surprised it didn't turn into a public lynching while KC was there. Shouldn't have been allowed.

I also don't think shows like NG should be so speculative (sp) and fuel the fire. Just the facts. People can talk amongst themselves or on forums for speculation.

Granted, what has happenend in this case bothers all of us, and the A's blind faith is hard to understand - but their privacy has been violated much more than has been necessary. None of us would ever want to be in their position AND treated the way they have been.

 

[Boots-OK]

But what has amazed me the most has been the way certain people have behaved in person at the A's home. Complete strangers (like us really) felt justified in actually going to their home and harrassing this family and their behavior IMO is just as outragious as KC's actions. It's one thing to have a quiet discussion with others about your opinions and feelings, even on the internet, but to go to their home is just wrong. I'm surprised it didn't turn into a public lynching while KC was there. Shouldn't have been allowed.

I'm sorry...just asking for a clarification on this snipped (respectfully) portion of your post. Do you think the sunshine law had anything to do with this outrageous behavior?

 

[tfrohning]

no way!!!
I think all states should have the baker law tho.