CHARLES B. WELLS, SHERIFF OF MANATEE COUNTY, FLORIDA, AND FRANK SCHAUB, AS STATE ATTORNEY FOR THE TWELFTH JUDICIAL DISTRICT, APPELLANTS,
v.
SARASOTA HERALD TRIBUNE COMPANY, INC., APPELLEE; SARASOTA HERALD-TRIBUNE COMPANY, INC., APPELLANT, V. CHARLES B. WELLS, SHERIFF OF MANATEE COUNTY, FLORIDA, AND FRANK SCHAUB, AS STATE ATTORNEY FOR THE TWELFTH JUDICIAL DISTRICT, APPELLEES

Fla. 2d DCA | 1989-06-30
Nos. 87-01832, 87-01833 and 88-01708
Logan, J., Adams, J., Scheb, A.C.J., Schoonover, J., Patterson, J.
546 So. 2d 1105 Florida District Court of Appeal, Second District (1989) Positive Treatment
Cited by 2 cases

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Synopsis

The court reversed the trial court's order requiring disclosure of investigative files, holding that the files were exempt from public disclosure under Florida's Public Records Act because the criminal investigation was active with a reasonable, good faith anticipation of prosecution.


Holding

Investigative files of a sheriff and state attorney are exempt from disclosure under Florida Statutes § 119.07(3)(d) when the criminal investigation is active with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future.


Headnotes

[1] Investigative files relating to an active criminal investigation with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future…

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Key Quotes

“reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future”

Standard for determining whether investigative files are exempt from disclosure under Florida Statutes § 119.011(3)(d)(2)

Facts & Procedural History

The Sarasota Herald-Tribune requested disclosure of investigative files from the offices of the sheriff and state attorney. A trial judge initially de…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In these consolidated appeals, Wells and Schaub seek review of a final judgment entered June 23, 1987, by Judge Logan determining that certain investigative files of the offices of the sheriff and state attorney were inactive and therefore subject to inspection. See §§ 119.011(1), 119.07(l)(a), Fla.Stat. (1988 Supp.).* The Sarasota Herald-Tribune appeals a subsequent order entered on May 12, 1988, by Judge Adams determining that the same files are exempt from disclosure by reason of an active prosecution which arose from an indictment rendered two days after the June 23, 1987, judgment.

In reviewing the final judgment of June 23, 1987, we have conducted an in camera inspection of the files in question. We determine that the judgment of June 23, 1987, is not supported by competent substantial evidence. We find that the criminal investigation to which these files relate was active and ongoing with a “reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future” on each of the dates the Herald-Tribune made demand that they be disclosed. § 119.011(3)(d)(2), Fla.Stat. (1988 Supp.). Therefore, the files were exempt from disclosure pursuant to section 119.07(3)(d), Florida Statutes (1988 Supp.), and the final judgment of June 23, 1987, is reversed.

Having so determined, we do not reach the issues raised by the appeal from the order of May 12, 1988, which are now rendered moot.

SCHEB, A.C.J., and SCHOONOVER and PATTERSON, JJ., concur. *

The provisions of the Public Records Act pertinent to this appeal have remained unchanged since the first records request in 1986.


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Citator

Cited By

  • Barfield v. City OF Fort Lauderdale Police Dep't, 639 So. 2d 1012 (Fla. 4th DCA 1994)
    …inal investigation. Thus, because the issues are essentially the same regarding the two cases, we will treat them as one. Any references to the Miller investigation will apply equally to the Jimenez case. . Cf. Wells v. Sarasota Herald Tribune Co., 546 So. 2d 1105 (Fla. 2d DCA 1989). In Wells, the second district overturned a trial court order that certain investigative files were "inactive” and summarily held the records were exempt as "active criminal investigative information” because an in camera inspecti…

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