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

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Thanks for the information!

There must be a loophole about the suicide letter etc. Maybe it is no different than if they found he had written it on his computer or sent it out in the mail to people. It wasn't found in the room and in his possession, but in his car. They had probable cause to enter his vehicle and it would then become evidence instead of part of his medical file pertaining to the suicide, imo. (I could be wrong about this tho.)

I am not sure it falls under the definition of clinical record. If it was protected you wouldn't think an LE spokesperson would be commenting on it. They were very clear they couldn't comment on the the health issue he was dealing with.

"394.455 Definitions.--(As used in this part, unless the context clearly requires otherwise, the term)

(3) "Clinical record" means all parts of the record required to be maintained and includes all medical records, progress notes, charts, and admission and discharge data, and all other information recorded by a facility which pertains to the patient's hospitalization and treatment."
 
Snipped

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?!)

Psst SS:

signhell.jpg
 
OT: Hahahahahaha~ I KNEW it!!! Thanks, Macushla! I just needed "proof"! (snickering)

Thanks, Red! Makes sense.
 
Thanks for the information!

There must be a loophole about the suicide letter etc. Maybe it is no different than if they found he had written it on his computer or sent it out in the mail to people. It wasn't found in the room and in his possession, but in his car. They had probable cause to enter his vehicle and it would then become evidence instead of part of his medical file pertaining to the suicide, imo. (I could be wrong about this tho.)


Whether it becomes evidence or not is not the issue. The issue is, would YOU want the suicide letter of your loved one all over the place for all to read? If that letter was from your minor child? How about photos of your child or husband or mother hanging from a tree in your yard? Would you be ok with those being released? Would everyone who thinks the laws should not be changed be ok with that?

How about the autopsy photos and explicit crime scene photos? Under the logic of full disclosure then they should be released too, right? Aren't they more important to this case than KC's friends drivers license numbers? Why or why not? Because they are disturbing? Because Caylee is the victim? Because she is a child? I mean we all have forensics degrees to analyze them so, don't we need them to solve the case and confirm our theories. As long as we all get our information thats what really matters, who cares who gets hurt? Who cares who ends up with a life torn apart? As long as we can sit here and play armchair detective its justified, right? This whole thing is so out of control at this point.
 
Florida voters have overwhelmingly showed their support for government in the sunshine at all levels of government. They have made it clear they believe that open government provides the best assurance of government that is responsive and responsible to the needs of the people.

The above statement says it all folks... FLORIDA VOTERS have overwhelmingly showed their support for government in the sunshine at all levels of government


I for one believe it is a good thing and since I am a FLA VOTER I will utlize The Florida Sunshine Law.

When you go to register your vehicle and similar offical task you can opt out of releasing your private info. That is something anyway.
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Florida's Government-in-the-Sunshine Law

To assist the public and governmental agencies in understanding the requirements and exemptions to Florida's open government laws, the Attorney General's Office compiles a comprehensive guide known as the Government-in-the-Sunshine manual. The manual is published each year at no taxpayer expense by the First Amendment Foundation in Tallahassee.
Florida is renowned for putting a high priority on the public's right of access to governmental meetings and records. In fact, the principles of open government are embodied not only in Florida statutes, but also guaranteed in the state Constitution.
Florida began its tradition of openness back in 1909 with the passage of what has come to be known as the "Public Records Law," Chapter 119 of the Florida Statutes. This law provides that any records made or received by any public agency in the course of its official business are available for inspection, unless specifically exempted by the Legislature. Over the years, the definition of what constitutes "public records" has come to include not just traditional written documents such as papers, maps and books, but also tapes, photographs, film, sound recordings and records stored in computers.
It was in 1967 that Florida's Government-in-the-Sunshine Law was enacted. Today, the Sunshine Law can be found in Chapter 286 of the Florida Statutes. The Sunshine Law establishes a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities.
Throughout the history of Florida's open government, its courts have consistently supported the public's right of access to governmental meetings and records. As such, they also have been defining and redefining what a public record is and who is covered under the open meetings law. One area of public concern was whether or not the Legislature was covered under the open meetings requirements. To address that concerns, a Constitutional amendment was passed overwhelmingly by the voters in 1990 providing for open meetings in the legislative branch of government.
The Attorney General's Office has consistently sought to safeguard Florida's pioneering Government-in-the-Sunshine laws. Our attorneys have worked, both in the courtroom and out, to halt public records violations. In 1991, however, a Florida Supreme Court decision threatened the people's right to know. The questions raised by this decision made it clear that the best way to ensure the public's right of access to all three branches of government was to secure that right through the Florida Constitution. The Attorney General's Office then drafted a definitive constitutional amendment, the successful passage of which in 1992 not only guaranteed continued openness in the state's government, but also in effect reaffirmed the application of open government to the legislative branch and expanded it to the judiciary.
Florida voters have overwhelmingly showed their support for government in the sunshine at all levels of government. They have made it clear they believe that open government provides the best assurance of government that is responsive and responsible to the needs of the people.
http://myfloridalegal.com/pages.nsf/main/b2f05db987e9d14c85256cc7000b28f6!OpenDocument
 
Public Records Law Guide for Law Enforcement Agencies
en Español
An electronic edition of the Public Records Law Guide for Law Enforcement Agencies is available for download in Adobe Acrobat format. The downloaded copy may be read, searched or printed.
A MESSAGE FROM ATTORNEY GENERAL

Law enforcement agencies face many challenges in carrying out their important responsibilities to investigate crimes and to secure the arrest and prosecution of those responsible for committing unlawful acts. In addition, criminal justice agencies have unique issues that arise under the Public Records Act. The Public Records Guide for Law Enforcement Agencies is designed to address these special concerns.
We are pleased, therefore, to present the 2008 edition of the Guide. This publication incorporates legislative changes through the 2007 legislative sessions and key court decisions and Attorney General Legal Opinions affecting the Public Records Act and law enforcement agencies. As in the past, the Guide is intended to be used in conjunction with the law enforcement agency's legal counsel, whose advice should be sought on specific issues facing the agency.
In addition, a more comprehensive analysis of the open government laws is contained in the Government in the Sunshine Manual. The Manual is prepared by the Attorney General's Office and published by the First Amendment Foundation. Information on how to obtain the Manual is available by contacting the First Amendment Foundation at (850) 224-4555.
It is the policy of this office to provide expedited assistance to law enforcement agencies faced with questions about public records. Accordingly, if we may provide additional information, please do not hesitate to contact General Counsel at (850) 245-0140.
 
I live in AB. Canada. I went to bail my brother out of jail. They would not even tell me what the charges were!!! I was told to basically pay my money and take my chances!!! I think that our privacy act is too much but the Florida sunshine law has the ability to hurt a lot of innocent people. Since I don't live there, I don't think I should have a voice but I would not want my whole life dissected because of the actions of my brother either!!!
 
It is really up to the fine people of Florida to decide this for Florida residents. And Florida crime families.

I certainly think the sun can not shine brightly enough on government. mo

Sure, bring the Sunshine Law to every State in the Union.:hand: I'm sure everyone, every citizen in this Land would really really appreciate them. :doh:
 
Whether it becomes evidence or not is not the issue. The issue is, would YOU want the suicide letter of your loved one all over the place for all to read?

People commit suicide and murder people in Fla and to be honest..I do not recall such open reading as in this case. These people put it out there and made themselves the news story. This info isn't just generically mailed, faxed or emailed to news agencys and such. They have to be requested and a form has to be used.
 
While I believe Florida's Sunshine Law has wonderful rules & regulations to go by, our national HIPA Law overrides any state law. The only way Florida can release info that has something to do with a person's medical incapacitation or hospitalization (illness or otherwise), is if it's been ruled pertinent by a judge. IMO, if GA's suicide letter and text messages are made public record, then he is involved in something deeper...something criminal.
 
These people put it out there and made themselves the news story.

Thanks, GS...and, that's precisely, why the law shouldn't be changed. The A's created and continuously nurtured this monster media story - the sunshine law just provided the documentation!
 
These people put it out there and made themselves the news story.

Again, I respectfully disagree with this. If you take a moment to go and look at the list of players in this case (http://www.acandyrose.com/caylee_anthony_name_list.htm) you can honestly say that even half of the people on that list put themselves out their and made themselves the news story? The guy who was working at Blockbuster on the night KC rented movies? This man put himself out there? The cashier that checked her out at Target? Come on, gimme a break!
 
Simple answer to question in title of this thread.

NO.

As for the suicide letter - IMO I believe we will NEVER be privy to that letter. It has really no bearing on this case and therefore, not submitted as discovery. I would think.
 
The guy who was working at Blockbuster on the night KC rented movies? This man put himself out there? The cashier that checked her out at Target? Come on, gimme a break!

I understand what you are saying in regards to the clerks and others.. They need to send the "She Devil" a thank you card.. it is a shame they were drawn into this mess. But to tell you the truth I have been there before. When I was young back in the late 70's A guy came into a photo lab I worked at.. He was from Ca & stole a TransAm off the showroom floor & came to Fla.. By the grace of God I am here today..even the police told me that. He thought he was re-living Smokey & the Bandit and he had intentions on taking himself a Sally Field.... If I hadn't gotten away from him.. I would not be here. he ended up in a chase on 75 going the wrong way and had a shoot out. So I know all about wrong place wrong time...
On the other hand I was talking about G & C & KC making themselves the story with their actions.
 
While I believe Florida's Sunshine Law has wonderful rules & regulations to go by, our national HIPA Law overrides any state law. The only way Florida can release info that has something to do with a person's medical incapacitation or hospitalization (illness or otherwise), is if it's been ruled pertinent by a judge. IMO, if GA's suicide letter and text messages are made public record, then he is involved in something deeper...something criminal.

As someone pointed out in another thread, if it wasn't given to Halifax, then it doesn't fall under HIPPA protections. LE is free to do as they see fit with it.
And I do believe George will be facing some charges in this case at some point...
 
The guy who was working at Blockbuster on the night KC rented movies? This man put himself out there? The cashier that checked her out at Target? Come on, gimme a break!

I understand what you are saying in regards to the clerks and others.. They need to send the "She Devil" a thank you card.. it is a shame they were drawn into this mess. But to tell you the truth I have been there before. When I was young back in the late 70's A guy came into a photo lab I worked at.. He was from Ca & stole a TransAm off the showroom floor & came to Fla.. By the grace of God I am here today..even the police told me that. He thought he was re-living Smokey & the Bandit and he had intentions on taking himself a Sally Field.... If I hadn't gotten away from him.. I would not be here. he ended up in a chase on 75 going the wrong way and had a shoot out. So I know all about wrong place wrong time...
On the other hand I was talking about G & C & KC making themselves the story with their actions.

OMG! Thats horrible! Well I'm glad your still here or I wouldn't have such a talented debater to chat with. :bow:

I do understand what your saying just like I know that you understand what I'm saying. I also agree that if this is the will of the voters then so be it, however, sometimes it just seems to go to far and innocent people get hurt. :curses:
 
I do understand what your saying just like I know that you understand what I'm saying. I also agree that if this is the will of the voters then so be it, however, sometimes it just seems to go to far and innocent people get hurt. :curses:

You are right..and if there was someway to remedy that I would be willing to vote for it. It doesn't seem right at all when you are minding your own business ..in your own world and BAM a Casey Anthony comes in contact with you..

Thanks for the kind words..Thank God I was young you know how things just seem to go over your head ..when you are young you never think anything is going to happen to you!!

A side note...his mother lived in Kissimmee Fl. Isn't that where Jose has his office ..
 
People commit suicide and murder people in Fla and to be honest..I do not recall such open reading as in this case. These people put it out there and made themselves the news story. This info isn't just generically mailed, faxed or emailed to news agencys and such. They have to be requested and a form has to be used.

My bolding. I agree, GetSmart. Doesn't this boil down to a supply and demand discussion? If we, the public, didn't want to read it then the media wouldn't print it because we wouldn't buy their media product.

I'm pretty sure it's safe to believe the posters in this forum read it. We might want it but we can't have it both ways.
 
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