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Florida Public Records and Open Meetings Laws Prosecutions Database
Introduction
2004-2005
2003
2002
2001
2000
1995-1999
1990-1993
1977-1989
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DECEMBER 2005: Former North Bay Village Commissioner Armand Abecassis
pleaded no contest to two counts of violating the Sunshine Law.
Abecassis, 67, was arrested in April 2004, along with then-Mayor
Alan Dorne on charges they conspired to remove the city manager.
As part of his plea deal for the second-degree misdemeanor charges,
Abecassis received six months of probation, was ordered to perform
50 hours of community service, pay court costs and make a $1,000
donation to the United Way. While on probation, Abecassis cannot
seek or hold any public office or any form of public employment.
DECEMBER 2005: Ten members of the Polk County Opportunity Council
Board of Directors appeared in court and pleaded not guilty to
violating Florida’s Government-in-the-Sunshine Laws.
The charges stemmed from a monthly board meeting on Sept. 15 where
the board retired to a conference room for a closed-to-the-public
meeting, which lasted more than an hour. The State Attorney’s
office investigated and filed civil charges that carry a maximum
fine of $500. A hearing for the defendants’ motion to dismiss
was scheduled for Jan. 26 and a trial has been scheduled for Feb.
22.
OCTOBER 2005: An investigation by Collier Deputy Manager Leo Ochs
found that the Collier Productivity Committee violated the Sunshine
Law when it asked Brad Boaz to leave the room during a public meeting.
Boaz, of Barron Collier Partnership, was being considered to fill
a vacancy on the committee. The Chamber of Commerce complained
to county officials and also contended the Committee opposed the
appointment of anyone with a full-time job. Upon the investigation,
commissioners also decided to end the practice of ranking candidates
it was considering for the position.
OCTOBER 2005: Four Pompano Beach city commissioners
were charged with violating the state’s public meetings law.
On June 4, 2004 Commissioners George Brummer, Kay McGinn, Lamar
Fisher and
Vice Mayor Susan Foster attended a breakfast with Broward Sheriff
Ken Jenne to discuss a crime-reporting controversy. A complaint
was filed with the State Attorney by city activist Ed Stanton,
who found out about the meeting. If charged, the commissioners
could face fines of $500 each.
OCTOBER 2005: An Ocoee city commissioner was charged with violating
the state’s Public Records Law. Commissioner Danny Howell
faces one second-degree misdemeanor count and one noncriminal
infraction count for discussing potential city business privately
with another
commissioner. The charges stem from a 2004 phone call to fellow
Commissioner Rusty Johnson, where the two allegedly discussed
a proposed real estate transaction that was likely to come before
the commission. If convicted, Howell could face 60 days in jail
and a $500 fine for the misdemeanor charge. Johnson was not charged
as a result of the incident.
AUGUST 2005: A noncriminal judgment against former
Oak Hill City Commissioner Ron Mercer for violating the Sunshine
Law was overturned by two circuit judges. Judges John Watson and
Edwin Sanders vacated the November 2003 judgment and ordered Mercer’s
$500 fine be returned. Mercer and fellow commissioner Bob Jackson
reportedly had a private discussion about a mayoral appointment
in January 2002. In a joint opinion, the judges found that “the
brief exchange between the two officials did not constitute a meeting
at which official acts are to be taken or at which public business
of such (collegial public) body is to be transacted or discussed.” Assistant
State Attorney Phil Havens said the State is likely to seek an
appellate review of the opinion. (See also December 2002, July
2003, and November 2003)
MAY 2005: Four city commissioners were charged
with violating the state’s Open Meetings Law after they met
to discuss their investigation of the Broward Sheriff’s Office.
State Attorney Michael Satz filed the non-criminal charges as a
result of a June 2004 meeting in which the commissioners discussed
their investigation into inflated crime statistics. The breakfast
meeting with Sheriff Ken Jenne was held without notice and no minutes
were taken, according to the charges. Vice Mayor Susan Foster and
commissioners George Brummer, Lamar Fisher and Kay McGinn face
$500
fines for the violation.
MARCH 2005: Former North Bay Village Mayor Alan
Dorne pleaded no contest to three counts of violating Florida's
Open Meetings Law. Dorne and City Commissioner Armand Abecassis
were arrested in April 2004 on charges of meeting privately to discuss
firing the city manager. Both resigned soon after their arrests.
Dorne's plea deal to the second-degree misdemeanor charges included
six months probation, a 300-hour community service requirement,
and an order to pay over $20,000 in court and investigation costs.
DECEMBER 2004: After losing his appeal of a Sunshine
Law violation, Escambia County Commissioner W.D. Childers returned
to jail to serve the remaining 22 days of his 60-day jail sentence
for discussing public business in secret with a fellow commissioner.
Childers was released early for good behavior and ended up serving
49 days in jail for the Open Meetings Law offense. He was set free
on bond while appealing his 3 ½-year sentence on bribery
charges. Childers was the first public official to serve jail time
for violating the Sunshine Law. Also this month, Escambia commissioner
Willie Junior, a key witness against Childers, was found dead, an
apparent suicide. The Dec. 9 discovery came a month after Junior
disappeared the day before he was scheduled to be sentenced on charges
of bribery, theft and a Sunshine Law violation. In exchange for
his testimony against Childers, Junior was to spend no more than
18 months in prison. Junior could have faced 125 years in prison
if convicted on all 11 criminal charges he faced. (See also June
2002, August 2002, September 2002, June 2003, October 2004)
OCTOBER 2004: Former Florida Senate President W.D.
Childers lost an appeal Oct. 7 of convictions for violating the
state’s Sunshine Law by speaking privately about government
business with fellow Escambia County Commissioner Terry Smith. A
three-judge panel of the 1st District Court of Appeal affirmed his
guilt on two counts without writing an opinion. A jury in 2002 convicted
Childers, 70, of violating the law. Jurors acquitted Childers of
two similar Sunshine charges also involving discussions with other
commissioners, but deadlocked on a fourth. Childers later pleaded
no contest to the last count while reserving the right to appeal
it along with the jury conviction. Childers could ask for a rehearing
or take his case to the Florida Supreme Court. Either option would
be difficult because the appellate judges choose not to write an
opinion, Assistant State Attorney Bobby Elmore said. Elmore, who
prosecuted the charges, said Childers served 38 days of a 60-day
jail sentence and once appeals are exhausted, a judge likely will
be asked if he should complete the sentence. The Pensacola politician
is the first public official to serve jail time for violating the
open meetings section of the Sunshine Law. (See also June 2002,
August 2002, September 2002, June 2003, December 2004)
AUGUST 2004: Sugarmill Woods residents Teddi Bierly
and Robert Roscow won a lawsuit accusing the state of holding secret
meetings about Suncoast Parkway 2. The lawsuit charged the Florida
Turnpike Enterprise with violating the Sunshine Law by allowing
an advisory committee to meet behind closed doors. Opponents of
the parkway said the Environmental and Resource Agency Group had
influence over the proposed route of the toll roads, which should
make the meetings public, Bierly said. Circuit Court Judge Janet
Ferris made it clear that the ERAG arm of Turnpike Enterprise is
covered under the Sunshine Law, Bierly said. The state was ordered
to pay the legal expenses of Bierly and Roscow. "It goes to
show little people can go up against somebody big and make a difference,"
Bierly said. "You just have to be persistent and know in your
heart it's right."
JULY 2004: Prosecutors dropped charges of falsifying
public records and obstructing inspection of a public record against
former Orlando-Orange County Expressway Authority Executive Director
Harold W. "Hal" Worrall. In exchange, Worrall pleaded
no contest to a noncriminal infraction of obstructing inspection
of a public record and was fined $500. Worrall was investigated
after reports surfaced that he ordered his executive assistant to
erase part of an audio recording of a January 2004 Expressway Authority
staff meeting. Worrall reportedly complained about other county
officials on the tape. The resulting scandal led to Worrall's resignation.
"We thought that a civil infraction was a just resolution,"
Chief Assistant State Attorney Bill Vose said. "He made a mistake
in the heat of the moment."
JUNE 2004: The State Attorney’s Office cleared
Lee County School Board members on June 25 of any Sunshine Law violations.
Board members were accused of conspiring to oust former Superintendent
John Sanders and replace him with current Superintendent James Browder.
The allegations were made by a former board employee, but the State
Attorney’s Office review found only “uncorroborated
and contradicted hearsay” in witness depositions, said Dean
R. Plattner, Assistant State Attorney for special prosecutions.
Plattner said there was no evidence “to support either a more
formal investigation or any other action.” Board members said
they were pleased with the decision.
APRIL 2004: The 4th District Court of Appeal ruled
that a Palm Beach County panel violated the Florida Sunshine Law
when it decided behind closed doors to fire a senior secretary.
The appellate decision stemmed from the release of Lee Ellen Dascott,
a former secretary in the county community services department.
In 2002, Dascott was given notice that the county was going to fire
her for insubordination and for tape recording a meeting with her
supervisor. After being questioned, she was asked to leave while
the grievance panel deliberated, and ultimately, her department
head fired her. Dascott asked the circuit judge to reinstate her,
but the court agreed with the county’s argument that the panel
was not a committee as defined by the Sunshine Law. The appellate
court, however, decided the group “exercised decision making
authority,” which qualifies as subject to the law. As a result
of the appellate decision, Dascott will get her job back and receive
back pay.
APRIL 2004: North Bay Village Mayor Alan Dorne
and City Commissioner Armand Abecassis resigned after being arrested
on second-degree misdemeanor charges of violating the Open Meetings
Law. Dorne and Abecassis were accused of meeting privately to discuss
firing City Manager James Vardalis because of his cooperation with
an investigation of former police chief Irving Heller, a longtime
friend of Dorne’s. Both wrote one-line letters to Gov. Jeb
Bush announcing their departures and city commissioners appointed
replacements for both Abecassis and Dorne in late April.
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