FINANCIAL REPORTS For CITY OF CLEARWATER CITY OFFICIALS & EMPLOYEES - FLORIDA COMMISSION ON ETHICS скачать в хорошем качестве

FINANCIAL REPORTS For CITY OF CLEARWATER CITY OFFICIALS & EMPLOYEES - FLORIDA COMMISSION ON ETHICS

About the Documents Marked “Confidential” Shown in This Video One of the records shown in this video contains the word “confidential.” Under Florida law, a label alone does not determine whether a document is a public record. Florida’s Constitution and Chapter 119, Florida Statutes, define public records very broadly. Documents made or received by a government agency in connection with official business are public records, even if certain information within them may be exempt or confidential by statute. It is the responsibility of the government official or employee filing records to properly complete any forms required by law to claim confidentiality or statutory exemptions. It is also the responsibility of the government agency in possession of the records to identify exempt information and redact it before releasing or publishing records to the public. When a government agency lawfully releases or publishes a record—whether through a public-records request or on its own website—the public’s access to that record is lawful. If an agency fails to redact information it should have redacted, that error lies with the agency, not with members of the public who access, view, or rely on the record as released. Courts have consistently held that the government cannot punish members of the public for publishing truthful information that was lawfully obtained from government sources, absent extremely narrow exceptions that do not apply here. This video is not instructing or encouraging anyone to obtain records, nor is it telling anyone how to conduct their own research. It is simply showing records that were lawfully obtained and explaining why they are public under Florida law. Nothing in this video or description is legal advice. This content is provided for informational and educational purposes only. If you need legal advice, consult a qualified attorney. If a government agency believes information was released in error, the remedy is against the agency—not the public. Case Law & Legal Authorities (Not Legal Advice) • The Florida Star v. B.J.F., 491 U.S. 524 (1989) The U.S. Supreme Court held that a state cannot punish publication of truthful information that was lawfully obtained from the government, even if the information was sensitive or released in error. • Bartnicki v. Vopper, 532 U.S. 514 (2001) The Supreme Court reaffirmed that once truthful information of public concern is lawfully in the public domain, punishing further dissemination does not serve a valid government interest. • Times Publishing Co. v. Ake, 660 So. 2d 255 (Fla. 1995) The Florida Supreme Court recognized access to public records as a constitutional right and held that exemptions must be narrowly construed and specifically justified by statute. • Board of County Commissioners v. D.B., 784 So. 2d 57 (Fla. 4th DCA 2001) Florida courts cannot create public-records exemptions; only the Legislature may do so. Labels such as “confidential” have no legal effect unless supported by statute. • Florida Rule of Judicial Administration 2.420 This rule places responsibility on the filer and the government entity to identify and protect confidential information, not on members of the public to suppress lawfully released records.