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

[trafficsUP66]

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!

THANK YOU BOOTS!



I need a break from this case............

 

[trafficsUP66]

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.

Was wondering where you saw/heard reported the LE "is afraid they can't win this case"?

And, since they don't have anything to do with the sunshine law......the defendant asks for docs, her and her lawyer is very well aware they're available to the public.

And no one but the A's are responsible for "whipping the public into a frenzy" day in and day out with their ludicrous beam me up scotty lies and denials since Day 1, imo!

 

[gardenhart]

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."

Every reporter in every state who deals with freedom of information issues I've ever dealt with, including myself, (and every lawyer who deals with them professionally and every legislator who deals with them in legislation) over decades of dealing with those issues, uses the term FOIA or "foy-ya" as shorthand.

I am talking about the Florida laws. The material I cited above was about Florida laws from the office of the Florida attorney general's office. It is not the Sunshine law that allows access to court documents in Florida. The jail tapes, 911 calls and similar items were provided under the Sunshine law. The court documents were not.

Florida isn't the only state that gives access to discovery and other court documents. I have written many, many news stories based on discovery documents, search warrants and other court documents and I didn't need a FOIA request to get them. I'm not in Florida.

I've also made many FOIA requests and none had anything to do with court documents. Police records yes but not court documents.

 

[SeriouslySearching]

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!

When I saw this thread, I thought about the girls' case. I also thought about Jennifer Kesse.

The difference in their cases compared to Caylee's is relatively simple. Even if we had the Sunshine Law in OK, as long as nothing is being filed...we would still know exactly what we do today which is basically all there is for now. Until they come up with a suspect and start filing paperwork, there are no documents which would fall under the Sunshine Law such as FL has in place.

Jennifer Kesse's case is basically the same way. We can't learn anything until they develop a suspect. I wish OPD would open up about her case more to allow the public's help, but evidently it won't happen.

Do I feel that the Sunshine Law has gone too far in Caylee's case? Yes. In certain aspects, I do. I believe Friday said it best in her post about it. People's lives are dragged out into the open and personal things are being allowed out in the national spotlight from people who are innocent of any wrongdoing. I think they need to revisit the Law after this case is over and refine it. The public/media's right to know should pertain to limited information.

ETA: After all this time grumbling about not getting enough information on cases...I can't believe I just said that! LOL We are getting too much information! (Has Hell frozen over and someone forgot to tell me?!)

 

[one_hooah_wife]

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?

I agree ... the law states that it is up to the agency to apply exemptions to public records if necessary ... but they have to cite a statutory exemption ie, specifically exempted from disclosure by statute. If there is no statute to prevent the information from being released then the agency has to release the document. The Sunshine Law in FL is pretty vague leaving a lot of room for various interpretations. IMO the state of Florida needs to refine the law in order to protect the privacy and rights of its innocent citizens. Now, if there ARE statutory exemptions in place that would have protected these individuals and they weren't enforced out of ignorance of the law and any of these individuals suffer damages, become victims due to the way this law was enforced (identity theft comes to mind) there will be civil lawsuits and if proven, economic remedies will be due!

 

[mikeysmommom]

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.

:clap::clap::clap::clap::clap::clap:
I think what the protesters did was very offensive.I also wonder how people would feel if all their childs info was released just because they knew someone who is accused of murder. I would think with all the crazy people in the world the wrong person may fixate on someone involved . To be able to get addresses could be deadly to an innocent party.JMO

 

[one_hooah_wife]

Every reporter in every state who deals with freedom of information issues I've ever dealt with, including myself, (and every lawyer who deals with them professionally and every legislator who deals with them in legislation) over decades of dealing with those issues, uses the term FOIA or "foy-ya" as shorthand.

I am talking about the Florida laws. The material I cited above was about Florida laws from the office of the Florida attorney general's office. It is not the Sunshine law that allows access to court documents in Florida. The jail tapes, 911 calls and similar items were provided under the Sunshine law. The court documents were not.

Florida isn't the only state that gives access to discovery and other court documents. I have written many, many news stories based on discovery documents, search warrants and other court documents and I didn't need a FOIA request to get them. I'm not in Florida.

I've also made many FOIA requests and none had anything to do with court documents. Police records yes but not court documents.

This is becoming a study in semantics ... and frankly, it is becoming a bit of a bore. So this will be my last attempt to help you understand. In any state, it is the LAW that allows you to have access to these records whether you cite the law, statute or the constitution when you ask for them - or clearly in your case - not.

And BTW, what you cited is from the Florida Constitution ... the voters in the state of Florida actually voted in 1992 to elevate the Sunshine Law (1967) and The Public Records Act (1909) to a constitutional level.

"The Florida Legislature first enacted a law
guaranteeing access to records of public agencies in
1909. More comprehensive legislation was adopted in
1967 with the enactment of ch. 119, F.S. Over the
ensuing 35 years, the act has been modified and
expanded numerous times. Furthermore, Art. I, s. 24 of
the State Constitution was adopted in 1992 and raised
the statutory right of access to public records to a
constitutional level and expanded the scope of that
right to the legislative and judicial branches"

http://www.flclerks.com/Pub_info/2000_2001_pub_info/interim_report_135_public _rds.pdf

 

[Crafti]

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?

Yes I do. People judged her (as we have here, myself included) based on all of the information released via various media. Unfortunately, some people are crazy and inconsiderate. They made fools of themselves but also made the A's life more of a hell than it already was.

 

[gardenhart]

This is becoming a study in semantics ... and frankly, it is becoming a bit of a bore. So this will be my last attempt to help you understand. In any state, it is the LAW that allows you to have access to these records whether you cite the law, statute or the constitution when you ask for them - or clearly in your case - not.

And BTW, what you cited is from the Florida Constitution ... the voters in the state of Florida actually voted in 1992 to elevate the Sunshine Law (1967) and The Public Records Act (1909) to a constitutional level.

"The Florida Legislature first enacted a law
guaranteeing access to records of public agencies in
1909. More comprehensive legislation was adopted in
1967 with the enactment of ch. 119, F.S. Over the
ensuing 35 years, the act has been modified and
expanded numerous times. Furthermore, Art. I, s. 24 of
the State Constitution was adopted in 1992 and raised
the statutory right of access to public records to a
constitutional level and expanded the scope of that
right to the legislative and judicial branches"

http://www.flclerks.com/Pub_info/2000_2001_pub_info/interim_report_135_public _rds.pdf

Semantics? It's not semantics to be familiar with the common terms used by the people who deal with an issue professionally on a regular basis.

I can only send you again to the state attorney general's guide to the Sunshine law. I guess you think the AG isn't knowledgable enough on the matter. Nighty night.

 

[DotsEyes]

The Sunshine Law is not responsible for anything, it is the people who choose to enforce it and their purpose in doing so. The media is responsible for the documents becomming internet and television chatter. Without a request from the media, none of us would have seen the documents. The media chose this case over the hundreds of other missing and murdered child cases, knowing they would be getting lots of info according to the SSL.

 

[bessie]

The Sunshine Law is not responsible for anything, it is the people who choose to enforce it and their purpose in doing so. The media is responsible for the documents becomming internet and television chatter. Without a request from the media, none of us would have seen the documents. The media chose this case over the hundreds of other missing and murdered child cases, knowing they would be getting lots of info according to the SSL.

:clap::clap::clap:

I said this awhile back when the photo of the Caylee look-alike was plastered all over the news. I could take a million photos and submit them to every news outlet in the country, but no one would ever see them unless the editors and producers chose to print or air them.

 

[Boots-OK]

Yes I do. People judged her (as we have here, myself included) based on all of the information released via various media. Unfortunately, some people are crazy and inconsiderate. They made fools of themselves but also made the A's life more of a hell than it already was.

Who is her? Are you speaking of CA or KC?

I came to my conclusions about both of them before any document dump. So, my opinion is that the sunshine law had nothing to do with what I think of her (whether it's CA or KC).

The behavior of the protestors was despicable and made me sick. But, I'm still questioning whether they would have been there had it not been for CA's antics and demand for media attention. Now, this is strictly my opinion and, actually, I don't think my opinion matters much since I don't live in Florida.

 

[technicalconfusion]

ETA: After all this time grumbling about not getting enough information on cases...I can't believe I just said that! LOL We are getting too much information! (Has Hell frozen over and someone forgot to tell me?!)

Note to self: Next Doc Dump, don't let SS see! :floorlaugh:

 

[Hope for the Best]

I don't think it should be amended. As a Florida resident, I actually like that I can see all the work that LE is doing, how my tax dollars are being spent, to make sure that justice is served. I think it keeps LE on its toes. I suppose if I were on the other end, though, and was accused of a crime, and every sordid detail of my life were being put on display for the world to see, I may feel differently. But, don't do the crime if you can't do the time. And you all are right about the media being the reason we all see this information. There are many more murders than this one in the Orlando area, and yet, this is the only one we've seen this much info about. But, this is also the only one with such bizarre circumstances, and as much public interest.

 

[mommyto4]

I think I'm in the minority here but yes. Parts of the law need to be amended. There is no reason that documents that are part of an active police investigation should be released to the public. The police have a job to do and they should be able to do that job without risking having their investigation compromised by having to put everything out to the public. If we can read those documents so can the defense. Once the documents become a part of discovery then fine release them, but prior to that no.

I am personally also very disturbed by the frenzy the release of these documents causes. Innocent people who were mentioned by KC had their personal lives drug through the mud. A name is mentioned in the police documents and the next thing you know the person is on the front of The Globe or Enquirer with their whole lives spread out before the world, their MySpace and Facebook pages are all over the internet with people analyzing every comment. The police barely had time to talk to some of these people and they were being harassed with questions about KC this and KC that. I thank my lucky stars every single day that I am not one of those people.

 

[2goldfish]

As much as I like having information available, I found the Sunshine Law shocking and have thought since I learnt of it that it was complete crap for everyone involved. In no way should all this info be available to anyone who wants it before the trial is complete.


I am sad my morals dont lead me to not dl'ing doc dumps and reading all about it on WS...but hey.

 

[poco]

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.

Ummmm, I believe you can find most of that info on the internet for only $19.95.

 

[manatee]

Ummmm, I believe you can find most of that info on the internet for only $19.95.

ha,ha! yes, I think that it can be found through one of the sponsors of this very site...websleuths. LOL.

 

[manatee]

Who is her? Are you speaking of CA or KC?

I came to my conclusions about both of them before any document dump. So, my opinion is that the sunshine law had nothing to do with what I think of her (whether it's CA or KC).

The behavior of the protestors was despicable and made me sick. But, I'm still questioning whether they would have been there had it not been for CA's antics and demand for media attention. Now, this is strictly my opinion and, actually, I don't think my opinion matters much since I don't live in Florida.

Yeap! on day 1 I knew...wait, wait day 31 and she had not called police and wait, wait, her mom called police for her and wait, wait, seeing her strutting into the court house with that diabolical grin :behindbar for sure

 

[Marple]

Ummmm, I believe you can find most of that info on the internet for only $19.95.

Ummmmmm, well that makes it a little bit more difficult than sitting at your computer and randomly checking out people's private lives.