Adams Sanitation on November 12 filed a lawsuit in Santa Rosa County Civil Division against Santa Rosa County, alleging violation of Florida Public Records Act, Chapter 119 of the Florida Statutes.
According to the complaint, Adams cited the County’s repeated failure to produce records directly responsive to public records requests and seeks, among other things, declaratory and mandamus relief, the immediate production of all responsive records, the recovery of any deleted records,
and an award of Plaintiff’s attorneys’ fees and costs in prosecuting this action.
The lawsuit alleges that on multiple occasions, Adams asked the County to produce public records and that the County acknowledged the requests, but later failed to actually produce the records, produced only a portion of responsive records, or refused to identify an appropriate exemption or the basis for a claimed exemption.
The general allegations state records requests were made August 5, September 27 and Octoboer 22, 2021 and to date not all responsive recordds have been made available for inspection or copying.
Adams argues the requested documents are public records which are required to be made available for inspection and copying and are not exempt or claimed to be exempt by any statute, except possibly with respect to the October 22 request.
Section 119.07 (1) (a), Florida Statutes, provides: “Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records.”
Accordingly, Adams has asked the court to direct the county to immediately conduct a search for records responsive to Plaintiff’s public records requests;
direct the County by writ of mandamus or otherwise, to immediately produce to Plaintiff all of the records requested that have not already been produced;
award the Plaintiff its costs and attorney’s fees incurred in prosecuting this action pursuant to Section 119.12, Florida Statutes; and awarding such other and further relief as the Court deems just and appropriate.
Additionally, Adams is seeking for the court to declare that the County’s current lack of procedures and control of electronic communications and messaging violates the Public Records Law.
Specifically, Adams requests for the court to enter a declaratory judgment that the County has willfully and knowingly failed to maintain text messages made or received by County officials and employees pursuant to law or ordinance or in connection with the transaction of official business in a manner that allows
them to be located and made accessible within a reasonable time upon public requests; enter a declaratory judgment that the County has willfully and knowingly allowed electronic communications made or received by County officials and employees pursuant to law or ordinance or in connection with the transaction of official business to be destroyed prior to expiration of the applicable retention schedule; award Plaintiffs their costs and attorneys’ fees incurred in prosecuting this action pursuant to Sections 119.12, Florida Statutes.
