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Florida Public Records and Open Meetings Laws Prosecutions Database
Introduction
2006
2005
2004
2003
2002
2001
2000
1995-1999
1990-1993
1977-1989
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NOVEMBER 1999: An Escambia County School Board
member who spent seven days in jail for Public Records Law violations
before being acquitted by an appellate judge sued the school board
to recover $188,000 in legal fees. In May, Vanette Webb was convicted
of knowingly withholding public records from a parent, Susan Watson,
who had been critical of Webb. (See also May 1999, October 1999,
March 2001, July 2003)
OCTOBER 1999: Gov. Jeb Bush reinstated suspended
Escambia School Board member Vanette Webb to her position on
the board after a new judge reversed her conviction for violating
the state Public Records Law. On appeal, Judge William White,
1st Judicial Circuit, reversed Webb's conviction, saying prosecutors
failed to admit into evidence any public record she allegedly
withheld from parent Susan Watson, who had been critical of Webb.
The school district was ordered to pay Webb's legal fees, estimated
at $30,000. After her conviction in May, Webb spent seven days
in jail. (See also May 1999, November 1999, March 2001, July
2003)
JUNE 1999: A circuit court in Martin County
sentenced Paul Curry to three years in prison for using public
records to harass his former neighbor. A jury convicted Curry
of stalking Jacqueline DiCarlo by performing multiple public
document searches and filing complaints on her with various state
agencies. Curry has appealed the decision.
MAY 1999: An Escambia County School Board member
spent seven days in jail for violating Florida’s Public
Records Law. Gov. Jeb Bush suspended Vanette Webb indefinitely
from her position as board member, and Webb could face trial
before the state Senate if she does not resign. Webb had argued
that she could not turn over the requested documents because
they contained confidential student information. Following Webb’s
May 14 conviction, 1st Judicial Circuit Judge Pat Kinsey sentenced
Webb to 11 months and 15 days in jail and ordered her to pay
a $1,000 fine for knowingly withholding public records from a
parent who had been critical of Webb and her politics. However,
Judge Kinsey suspended all but 30 days of the sentence. Judge
William White, who took over the case, released Webb on a $2,000
bond pending her appeal and suspended the rest of her sentence.
(See also October 1999, November 1999, March 2001, July 2003)
MAY 1999: Non-criminal charges against three
Tallahassee state Department of Health officials were dropped
in exchange for the health department revising its grievance
policy. Phil Reeves, Sharon Heber and William Reinhold were charged
with violating Florida’s Open Meetings Law when they conducted
a grievance hearing for a Collier County employee. The state
agency admitted no wrongdoing.
OCTOBER 1998: A St. Lucie County commissioner
was arrested after allegedly directing employees to illegally
obtain computerized voter rolls, according to the Florida Department
of Law Enforcement. Former County Commissioner Ken Sattler was
charged with computer theft, a felony, and violating state election
codes, a misdemeanor. The two employees he directed to get the
voter rolls were also charged. Bob Searl, director of automated
services, and William Klimovich, a systems analyst, got the names
and addresses of all voters in St. Lucie County for Sattler.
Sattler admitted to the FDLE that he had asked the county employees
to get the records, bypassing the records custodian, because
it was taking too long for the custodian to fill his records
request. Sattler, who resigned his position as county commissioner
after his arrest, and Klimovich admitted to illegally accessing
the records, according to the FDLE. Klimovich told the FDLE in
an affidavit that he accessed and copied the records out of friendship
and the possibility of career advancement. Sattler used the voter
rolls to send political fliers to Republicans in his failed bid
for re-election in October.
MARCH 1998: An administrator for the Department
of Environmental Protection has been charged with violating Florida’s
Open Records Law. Bobby Cooley, regional director for the DEP
in Pensacola, is accused of violating the law by requiring records
requesters to surrender driver’s licenses or other forms
of identification while viewing public records. State Attorney
Curtis Golden’s office filed the civil complaint against
Cooley because according to Florida law and attorney general
opinions, a records custodian may not require identification
as a condition of access to public records.
SEPTEMBER 1997: Lee County Judge Edward Volz
fined former Estero Fire Commissioner Vernon Conly $500 after
a jury convicted Conly of violating the Open Meetings Law. Judge
Volz fined three other members of the Fire Commission $250 after
the three -- Georgia Gates, George Horne and John Kelley -- pleaded
no contest to a similar criminal misdemeanor charge. Volz withheld
formal adjudication of guilt for all four commissioners, who
in return promised not to seek reinstatement to the Fire Commission.
Gov. Lawton Chiles suspended the four from office after they
were charged with violating the Open Meetings Law in connection
with an April meeting. Members of the public filed complaints
against the commissioners after a public meeting that lasted
only a few minutes. Spectators at the meeting said the commissioners
called the meeting to order, voted to purchase two vehicles,
and adjourned before most members of the public could get into
the meeting room and get seated. The room was locked until just
before the meeting was called to order.
JUNE 1997: The City of Opa-Locka paid a $500
fine, $108 in court costs and made a $500 donation to United
Way after former City Manager Earnie Neal pleaded guilty to violating
the state's Public Records Law. Neal said he ignored 35 records
requests from his predecessor as city manager, Dennis Whitt,
because the requests were frivolous and amounted to harassment.
Whitt, who was suing the city for wrongful termination, wanted
Neal's cellular telephone records and copies of any ethics complaints
against Neal. Neal resigned in May after state investigators
said he withheld the records and sexually harassed employees.
MAY 1997: The Florida Supreme Court removed
a Broward County judge from office for falsifying public records.
In a 5-2 vote, the justices removed County Judge LaRan Johnson
for back-dating records in 42 to 57 DUI cases in order to reduce
her caseload. The court said the falsification of the records
affected mandatory driver's license suspensions. In some cases, the
records of guilty pleas were back-dated so far that the suspensions
would have ended before the actual hearing date, giving some
drivers no actual suspensions at all, said the court. Judge Johnson
said she had an otherwise unblemished judicial record. She sought
a public reprimand instead of removal and admitted she erred
in falsifying the records.
MAY 1997: Gov. Lawton Chiles removed four members
of the Estero Fire Commission from office after the State Attorney's
Office charged them with misdemeanor violations of the Open Meetings
Law. The board members allegedly failed to allow the public into
the meeting room in time to take their seats before an April
board meeting began. The board took one vote and adjourned before
many of the spectators could enter the room, witnesses said.
A judge issued an injunction requiring the board to obey the
Open Meetings Law. The commissioners pleaded not guilty to the
charges.
MARCH 1996: Dade Metro Commission Chairman Arthur
Teele Jr. agreed not to contest a civil Open Meetings Law charge
and to pay a $250 fine. The State Attorney's Office alleged that
Teele met secretly in 1994 with commissioners Bruce Kaplan and
Maurice Ferre, who paid fines in 1995 to settle similar charges
against them. (See also August 1995)
JANUARY 1996: The State Attorney's Office charged
Bartow County Supervisor Emily Burgner with an unintentional
Public Records Law violation after a former county employee claimed
that the county took three months to produce public records he
requested. The violation carries a fine of up to $500, but no
jail time.
AUGUST 1995: Two Dade County commissioners agreed
to pay fines stemming from civil charges of Open Meetings Law
violations. Bruce Kaplan agreed to pay $500 and Maurice Ferre
agreed to pay $250 to settle charges that they met secretly in
December to discuss the selection of a new county manager. Ferre
offered an apology for meeting with Kaplan. Kaplan denied that
the meeting with Ferre and commission Chair Arthur Teele Jr.
constituted a violation. However, he acknowledged a lack of judgment
and agreed to pay the fine so that he could put the matter behind
him. (See also June 1996)
MARCH 1995: On the eve of his scheduled trial,
Kenneth City Mayor Harold Paxton pleaded no contest to violations
of the Open Meetings Law. Paxton was fined $400 in court costs.
The charges stemmed from six closed meetings that Paxton allegedly
attended in 1991 and 1992 regarding city construction projects.
Paxton attended six of a dozen meetings that were neither advertised
nor open to the public where council members approved about $8,000
in improvements to the town hall and police department building.
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