The international political fall out continues over the revelations of the expansive National Security Agency (NSA) spy program leaked by Edward Snowden. Media attention has been mainly focused on Snowden and his flight to Russia and subsequent asylum. Not as much focus has been paid to the protests across the globe and the especially strong […]
Widerman Malek Law Blog
Jackson vs. AEG Live
Another day, another Jackson family (as in Michael Jackson) court verdict. It feels like the Jackson’s have constantly been involved in some sort of court case since criminal charges were brought against Michael in 2005 for child sexual abuse. The latest in the seemingly endless civil cases since Michael’s death in June 2009 was settled […]
Florida’s Public Records Act Vol. 3 – Can an Agency say No?
Can an Agency say No to a Public Records Request?
The short answer is rarely, if ever, can an agency say “no” to a public records request. The only real constraints or limitations that a person should face when asking to inspect or copy public records are guided by Section 119.07(1)(a), Florida Statutes. This statute limits inspection or copying to “any reasonable time, under reasonable conditions, and under supervision.” Otherwise, there should be no denial of a public record to anyone with a few caveats. First and foremost, the request has to be for an actual public record, not just any document. Although there are several points that could be made here, just a few are discussed below.
Health Insurance Law: Experimental Treatment Denials
You decided to bite the bullet, and get the surgery your doctor recommended. God knows, you don’t want the surgery, but it’s your well-being, and you need it. Your doctor says it will help you, and you believe him. You schedule the surgery, tell your spouse, and make arrangements with work. You’ll be out of commission […]
Oral Modifications to Written Lease/Rental Agreements: Are They Valid? Vol. 1
I have been approached lately with the issue of oral modifications made outside the main written lease/rental agreement and what impact they have on the lease/rental agreement. Are they valid? Are they enforceable? If the landlord doesn’t live up to his end of the oral modification, do I have any recourse? What do I do? […]
Florida’s Public Records Act Vol. 1 – What are public records?
What are public records?
Florida prides itself in having an open government and many of Florida’s records are open to the public. Not everything falls under the category of a public record though, and likely for good reason. Public records are defined in Section 119.011(12), Florida Statutes and are essentially any document, recording, or material of any form made or received pursuant to law or ordinance connected with the official business of any agency.
Florida Sunshine Law Vol. 4 – Consequences of violating the Sunshine Law
What are the consequences of violating the Sunshine Law?
Violations of Florida’s Sunshine Law can bring stiff and far reaching consequences, some of which are not just against the board members, commissioners, etc. involved. For starters, there can be criminal penalties. If a board member, commissioner, etc. knowingly violates the Sunshine Law, the individual is likely guilty of a second degree misdemeanor, which can include 60 days of imprisonment and a fine of up to $500.
Florida Sunshine Law Vol. 3 – Misconceptions about the Sunshine Law
Misconceptions about the Sunshine Law<\strong>
There are several misconceptions about Florida’s Sunshine Law that I would like to address in this third installment. One of the largest that I believe is slowly getting recognized and understood is the right to participate or comment in meetings falling under the requirements of Chapter 286, Florida Statutes.
Florida’s Sunshine Law Vol. 2 – Who and what does it cover?
Who and what does the Florida Sunshine Law cover?
Florida’s Sunshine Law promotes the state’s policy towards open government. In fact, it is required by Article I, Section 24 of the Florida Constitution. Does the open policy apply to every government entity in Florida, does it apply to all members of the government, its agencies, etc., and does it cover every type of meeting? The Sunshine Law applies to “any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision.” Section 286.011, Florida Statutes. Notice that the Sunshine Law applies to state, county, municipal or political subdivisions; it does not apply to federal agencies or federal entities of any type.
I Have a Judgment and Now I Want to Collect Vol. 3
If you have reached this stage, either the defendant did not fill out the Financial Information Form pursuant to the Florida Rules of Civil Procedure or the form was not attached to your final judgment. It has been over 30 days since the Judge granted your judgment and you haven’t been paid, no offers have […]
