145 So. 3d 980
Fla. Dist. Ct. App.2014Background
- Promenade sought non-exempt public records from JEA in Florida while litigation with JEA continued in Mississippi.
- JEA threatened and then pursued a motion for protective order in Mississippi to block the records request.
- After initial delays, Promenade renewed inquiries (June 28 and July 5, 2013) with no timely response.
- JEA assembled many documents but delayed review and production pending Mississippi court action.
- Promenade filed a public records enforcement action on July 11, 2013; Mississippi denied the protective order on August 23, 2013, and JEA produced records the next business day.
- The enforcement hearing found JEA did not willfully violate the Act, but Promenade appealed seeking fees and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did JEA violate the Public Records Act by delaying non-exempt records? | Promenade argues the delay was unjustified and effectively an unlawful refusal. | JEA contends delay was permissible while seeking a protective order in Mississippi and reviewing records. | Yes; unjustified delay violated the Act and allowed enforcement relief and costs. |
Key Cases Cited
- Grapski v. City of Alachua, 31 So.3d 193 (Fla. 1st DCA 2010) (de novo review of willful violation standard)
- Tribune Co. v. Cannella, 458 So.2d 1075 (Fla. 1984) (limited time to retrieve records and delete exemptions; no delay for challenges)
- Weeks v. Golden, 764 So.2d 633 (Fla. 1st DCA 2000) (unjustified delay after enforcement action constitutes unlawful refusal)
- Althouse v. Palm Beach County Sheriff's Office, 92 So.3d 899 (Fla. 4th DCA 2012) (delay until enforcement action constitutes unlawful refusal; costs may be awarded)
- A.J. v. Times Pub. Co., 605 So.2d 160 (Fla. 2d DCA 1992) (requests for access immaterial; purpose of Act would be frustrated by delay)
- Daniels v. Bryson, 548 So.2d 679 (Fla. 3d DCA 1989) (disfavoring injunction where acts already committed and future conduct unlikely)