Sunday, November 26, 2006

Sometimes, It's That Simple . . . Part 2

In State vs. City of Clearwater, the Florida Supreme Court reminds us once again that sometimes, it's that simple. Because personal emails sent or received by a public employee -- even on a government owned computer -- are not made or received in connection with official agency business, they don't meet the statutory definition of "public records" set out in Fla. Stat.§119.011(11):

"Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

Thus, such purely personal emails are just that -- personal -- and not public records under Chapter 119. Sometimes, it's that simple.

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