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Why, when the Attorney General doesn't want to have to say that the notice of claim is exempt from disclosure under the Public Records Law.
In AGO 2007-47, the Attorney General considered a seemingly simple question: Is the notice of claim required under Fla. Sta. §768.28 as a condition precedent to a tort suit against an agency exempt from disclosure under Fla. Stat. §768.16, which exempts "claims files" from the Public Records Law?
Anybody who sues or defends agencies in Florida is familiar with the notice of claim required under the waiver of sovereign immunity statute. Presumably, such a notice of claim upon receipt by an agency prompts the creation of a file related to the claim . . . commonly referred to as a "claims file." The first logical piece of paper that goes into the claims file is, of course, the notice of claim.
For some reason, the Attorney General struggled with the notion that "claims file" must necessarily include the things in the claims file . . . like the notice of claim. You really have to read this one for yourself.
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1 comment:
Seems reasonable. The intent of the secrecy is to prevent the plaintiff from getting an unfair preview of the entity's case.
Surely the plaintiff will be familiar with the notice that he sent to the entity. I see no others from whom we would reasonably want to conceal the notice of claim. Accordingly no benefit would be derived from concealing the notice of claim.
It follows that the notice of claim ought to be public.
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