THE CITY OF GAINESVILLE, A MUNICIPAL CORPORATION, ET AL., APPELLANTS,
v.
THE STATE OF FLORIDA ON THE RELATION OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL NO. 2157, A LABOR ORGANIZATION, ET AL., APPELLEES

Fla. 1st DCA | 1974-08-08
No. U-73
RAWLS, C. J., and JOHNSON and Mc-CORD, JJ., concur.
298 So. 2d 478 Florida District Court of Appeal, First District (1974) Positive Treatment
Cited by 6 cases

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Synopsis

The City of Gainesville appealed a mandamus order requiring it to disclose budget proposals for its fire department to the public and labor union. The court affirmed, holding that such proposals are public records under Florida's Public Records Act and must be made available for inspection.


Holding

Budget proposals concerning a city fire department's budget that are prepared by a city employee in the normal course of conducting city business are public records that must be made available to citizens for inspection under Chapter 119 of the Florida Statutes.


Headnotes

[1] Documents prepared in the normal course of municipal business are considered public records under the Florida Public Records Act.

[2] Proposals relating to a city's fire department budget, prepared by a city employee in the normal course of business, are subject to public inspection.

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Key Quotes

“all state, county, and municipal records shall at all times be opened for a personal inspection of any citizen of Florida”

States the core principle of Florida's Public Records Act requiring disclosure of municipal records

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Facts & Procedural History

The City of Gainesville prepared a proposal concerning the budget for its fire department in the normal and required course of municipal business. The…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, City of Gainesville, brings this appeal from a preemptory writ of mandamus issued by the trial court mandating the city to make available to appellee, International Association of Fire Fighters, Local No. 2157, and all other members of the general public for their inspection and copying a proposal concerning the budget for the fire department of the City of Gainesville. The sole legal question posed by this appeal is whether pursuant to Chapter 119 of the Florida Statutes (Florida Public Records Act), the City of Gainesville is required to make available to the public for its inspection proposals relating to the budget for the City’s fire department. Based on the limited record we have before us, we agree with the trial court that the material sought is a “public record” which must be made available to all citizens of this state for their inspection.

The City in its brief tells us that the material sought was a proposal concerning the budget of the fire department which was prepared in the normal and required course of municipal business. The citizens of the State of Florida through their legislature have declared that “all state, county, and municipal records shall at all times be opened for a personal inspection of any citizen of Florida . . . . ” 1 and have defined a “public record” as “ . . . all documents, papers, letters ... or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.”2 In light of this legislative pronouncement it is clear that proposals concerning the fire department’s budget which are made by a city employee in the normal course of conducting the city’s business are materials which are open to the citizens of this state for inspection.3

Before concluding, we note that after oral argument in this case the City brought to our attention that the Florida Legislature in its most recent meeting had enacted Florida Statute 447.023(3) which provides:

“All work products developed by the public employer in preparation for negotiations and during negotiations shall be exempt from Chapter 119, Florida Statutes.”

While we appreciate counsel bringing this most recent change in the law to our attention, we do not feel that it is applicable to a determination of this cause. As we stated at the outset, the City has told us in its brief that the material sought by appellee-fire fighters association was prepared by the city in the normal course of its business. The new statute only exempts materials which were developed by the City in preparation for or during labor negotiations. Last, we note that House Bill 2028, as amended by a conference committee (Laws 1974, c. 74-100, § 9), provides that Florida Statute 447.023(3) does not take effect until January 1, 1975.

The judgment appealed is affirmed.

RAWLS, C. J., and JOHNSON and Mc-CORD, JJ., concur. . Florida Statute 119.01 (1973)

. Florida Statute 119.011(1) (1973)

. In this state the right of citizens to he informed of all facets of governmental operations is zealously protected. See Town of Palm Beach et al. v. Gradison et al., Fla., 296 So. 2d 473. Opinion filed May 1, 1974.


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Citator

Cited By

  • …nc., 379 So. 2d 633, 640 (Fla.1980). Clearly the records sought here were shown to be “public records” within the scope of Chapter 119. Shevin; News-Press Publishing Co., Inc. v. Gadd, 388 So. 2d 276 (Fla. 2d DCA 1980); City of Gainesville v. State, 298 So. 2d 478 (Fla. 1st DCA 1974); Office of the Attorney General, Florida Open Government Laws Manual 32 (1978). II. ARE THE HOSPITAL'S EMPLOYEE RECORDS EXEMPTED FROM CHAPTER 119 BY SECTION 119.-07(3)(a) OR BY SECTION 119.-07(3)(f)? The Public Records Act prov…
  • Warden v. Bennett, 340 So. 2d 977 (Fla. 2d DCA 1976)
    …t the defendants were not obligated by law to furnish these records. It is not seriously suggested that these were not public records within the purview of Chapter 119, Florida Statutes. See City of Gainesville v. State ex rel. I.A.F.F., Loc. 2157, 298 So. 2d 478 (Fla. 1st DCA 1974). Likewise, there is no intimation that the time required of the college employees to furnish these records would unreasonably disrupt the orderly business of the college or that Warden was unwilling to pay the reasonable cost of…
  • …All work products developed by the public employer in preparation for negotiations, and during negotiations, shall be exempt from Chapter 119. [*749] In City of Gainesville v. State ex rel. International Association of Fire Fighters, Local No. 2157, 298 So. 2d 478 (Fla. 1st DCA 1974), this court indicated that budgetary proposals prepared in the normal and required course of municipal business would not be exempt under Section 447.023(3), Ch. 74-100, § 3, Laws of Fla. [renumbered as Section 447.605(3)], since…

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