Johnson v. Jarvis
74 So. 3d 168
Fla. Dist. Ct. App.2011Background
- Johnson seeks declaratory and injunctive relief under Florida's Public Records Law (ch. 119) against Jarvis, State Attorney for the Third Judicial Circuit.
- Jarvis promulgated a public records policy directing inspection requests to his Live Oak office for review to prevent disclosure of exempt information.
- Johnson's arrest led to a case file assigned to a Lake City Assistant State Attorney, which included witness statements and Walmart surveillance video.
- Johnson's attorney requested to view the video and obtain copies; the ASA stated charges were dropped and access would be through a public records request.
- The attorney made a verbal public records request; the ASA denied access and directed the written request be placed in the file; Johnson later learned records would be inspected in Live Oak.
- The complaint alleged unreasonable delay and expense from moving records to Live Oak, violating sections 119.07, 119.021, and Article I, §24; the trial court dismissed the case, ruling there was no refusal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there an unlawful refusal of access under ch. 119? | Johnson alleges a refusal to provide records in Lake City. | Jarvis argues no refusal; records will be provided under the policy through Live Oak. | Reversed and remanded for evidentiary hearing |
| Did the policy causing transfer to Live Oak create an unlawful delay in access? | Delay and extra burden violate 119.07/119.021 and Article I, §24. | Policy itself is reasonable; focus is on application delay, not policy as such. | Remanded to determine if delay was reasonable under the facts |
Key Cases Cited
- Grace v. Jenne, 855 So.2d 262 (Fla. 4th DCA 2003) (premature to deny evidentiary hearing when reviewing dismissal)
- Puls v. City of Port St. Lucie, 678 So.2d 514 (Fla. 4th DCA 1996) (reversing dismissal and remanding for evidentiary hearing on unlawful access)
- James v. Loxahatchee Groves Water Control Dist., 820 So.2d 988 (Fla. 4th DCA 2002) (mandamus directing hearing to determine access to records and conditions)
- Barfield v. Town of Eatonville, 675 So.2d 223 (Fla. 5th DCA 1996) (unjustified delay in complying with public records request as unlawful refusal)
- Sobi v. Fairfield Resorts, Inc., 846 So.2d 1204 (Fla. 5th DCA 2003) (court treats appeal by de novo standard and evaluates refusal under 119)
- Brewer v. Clerk of Circuit Court, Gadsden County, 720 So.2d 602 (Fla. 1st DCA 1998) (de novo review of a dismissal in public records context)