Thursday, June 21, 2007

Chapter 2007-39, Laws of Florida, Amending Chapter 119

Here's Ch. 2007-39, Laws of Florida, as enacted in the last legislative session. Records custodians, take note.

2 comments:

ctops.legal said...

As far as Ch 2007-39 Laws of Fla., as in this Mandamus action, it's very obvious that the possible santions that can be imposed for violating the public record laws are so minimal that nothing has changed, as far as criminal pot conviction issues, as in see http://199.242.69.70/pls/ds/ds_docket?p_caseyear=2007&p_casenumber=3243&psCourt=1&psSearchType=
Curtis Bailey vs. John H. Rutherford, et al. Case Number: 1D07-3243 this agency has a long history of theses stall tactics, and evev FDLC compliance section can't compel state officers to comply with Ch 2007-39, initial Ch. 119 request was submitted 1/3/06, Mandamus filed circuit court pursuant to Section 119.11, even the lower tribunal would not comply, what santions can be sought in a situation like this, when the stall tactics are to hinder the due diligence burden on movants, and the identical issue is common place with Department of Corrections, Question after many formal complaints filed with Bureau of Standards Chief Vickie Marsey, even in her professional capacity can't compel state officers to comply with Ch 2007-39, what sactions other than a request for a judgement for filing cost , attorney fees are not applicable in a Pro Se action ? or is it ?
ctops.legal

ctops.legal said...

As argued in the 1st DCA case #1D07-3243, Bailey v. Rutherford, hearing was held, exculpatory evidence that was at issue was a MPEG (movie clip) that was alleged to have been transmitted by sheriff's detective in 2001, in violation of Ch. 847.0138 F.S., never was produced, Ch. 119 to state attorney to obtain file did not contain "MPEG" clip, FDLE lab report did not contain any evidence of MPEG, which made Sheriff's Department the only agency that could have ever possessed this record, hearing was held 11/9/07 4th judicial circuit Mandamus was granted in part, judge stated "sheriff's office must respond to Ch. 119 request for inspection of MPEG record within 30 days, counsel for that agency stated that all public record request would be handled properly form now on, but going to there site there is still no link of information to make it reasonably easy for citizens to make Ch. 119 request, do have audio from the hearing it is part of the record, follow up hearing in about 30 days, “and unbelievably opposing counsel is preparing the order" will ask Mr. Harrison to post it, very novel issue in Florida.
ctops.legal