THE OCALA STAR BANNER CORPORATION, APPELLANT,
v.
POLICE CHIEF LEE MCGHEE, IN HIS OFFICIAL CAPACITY AS CUSTODIAN OF OCALA POLICE DEPARTMENT RECORDS, APPELLEE

Fla. 5th DCA | 1994-10-21
No. 94-535
COBB and THOMPSON, JJ., concur.
643 So. 2d 1196 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A newspaper appealed a trial court's denial of access to police investigation records under Florida's public records law. The appellate court reversed, holding that the police report could be made available to the newspaper after redacting only the identity of confidential informants and undercover officers, contrary to the trial court's finding that the entire report must remain withheld.


Holding

The court held that the police report must be made available to the newspaper after redaction of the informant's name, sex, and the undercover officer's name, initials, identification numbers, and supervisor's information. The remainder of the report, describing observed conduct and vehicle information, is revealable to the public.


Headnotes

[1] A court's ex parte hearing and in camera examination of a record, where one party is excluded, is not condoned, but may not be the decisive issue on appeal.

[2] A public records request for a police report concerning an investigation of a public official can be granted even if the report contains information that may lead to the…

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Key Quotes

“we cannot condone the procedure of permitting one side of a litigated issue to be in attendance, present evidence and make argument at a closed hearing where the other side is excluded”

The court criticized the trial court's ex parte hearing procedure, though noted it was not dispositive.

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Facts & Procedural History

The Ocala Star Banner Corporation, a newspaper, requested police records of an investigation involving a public official. The police chief refused to …

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a judgment in a public records act case wherein appellant newspaper seeks police records of an investigation of a public official.

When the chief of police was not willing to reveal the police reports, appellant filed an action in the circuit court seeking mandamus to require the production of the reports and allied declaratory relief. Appellee responded by alleging the records were exempt under sections 119.07(3)(e) and 119.07(3)(g), Florida Statutes (1993). It was appellee’s position that the report contained information which may lead to the identity of a confidential informant or identify an undercover person. Appellant’s reply was that those identities could be removed from the provided records; to which appellee responded that it was impossible to redact objectional matters and leave anything to give to the newspaper. In other words, if the protected information was removed then the record would be blank.

Upon request, the court conducted an essentially ex parte hearing and an in camera examination of the record in question, the police report.

First, we are moved to say that we cannot condone the procedure of permitting one side of a litigated issue to be in attendance, present evidence and make argument at a closed hearing where the other side is excluded. However, because that is not the decisive issue we shall leave it at that.

More important is the substance of the order itself and the determination that the unrevealed record cannot be made available without the revealing of the identity of the informer and the undercover personnel. Upon a review of the report itself, we must disagree with the order of the trial judge and direct that a copy of the report be made available to appellant. Without much difficulty the name of the informant, the sex of the informant (which might assist in determining the identity) and the name or initials and identification numbers of the undercover officer and that officer’s supervisor can be taken out of the report and the remainder turned over to appellant.

The essence of the report is that a person was seen doing something and was driving a particular ear. Also, another car was possibly involved in the same activity. The report has the names of, or initials or identification numbers of police personnel. The redaction of the informant’s and police identities renders the rest of the report revealable to the public, through the press.

The order denying access to the report is reversed and this cause remanded for entry of an order in compliance herewith.

REVERSED.

COBB and THOMPSON, JJ., concur.


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Citator

Cited By

  • Christy v. Palm Beach Cnty. Sheriff's Off., 698 So. 2d 1365 (Fla. 4th DCA 1997)
    …records requested include the names of confidential informants or undercover personnel, they are exempt under the statute. Nevertheless, appellant may still be entitled to a redacted version of the report. In Ocala Star Banner Corporation v. McGhee, 643 So. 2d 1196,1197 (Fla. 5th DCA 1994), the court held that a newspaper was entitled to access police investigative reports of a public official, even though the records contained information which could have led to the identity of a confidential informant or und…
  • Ocala Star-Banner v. State of Fla. & Clinton Adams, Jr., 697 So. 2d 1317 (Fla. 5th DCA 1997)
    …d be of any value in this case. We interpret the order sealing the records as sealing and protecting from public disclosure only those portions of the record which pertain to sexually transmitted diseases.3 Compare Ocala Star Banner Corp. v. McGhee, 643 So. 2d 1196 (Fla. 5th DCA 1994). AFFIRMED. GRIFFIN, C.J., and ANTOON, J., concur. . Section 384.29, Florida Statutes (1995) provides: 384.29 Confidentiality.— (1)All information and records held by the department or its authorized representatives relating…

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