Florida retreats from ruling on records

Article Abstract:

The Florida Supreme Court, in Nov 1991, had ruled that the state's open records act applied only to legislatively-created agencies and not to constitutionally-created bodies. Because of confusion over the status of some agencies, Florida's attorney general asked for clarification. The court issued a new decision in Feb 1992, stating the act applied to executive branch agencies and entities under legislative control, but not to the legislature or its members. An amendment to the Florida Constitution, to make the act apply to all agencies regardless of governmental branch is on the 1992 ballot.

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Clemency records not subject to disclosure

Article Abstract:

The Florida Supreme Court ruled in Parole Commission v. Lockett that clemency records were not governed by Florida's open records law. Since clemency power resides in the executive branch, the open records law cannot apply without violation of the separation of powers principle. Similarly, the judiciary would violate the same principle by ordering the commission to produce the files. Therefore, the Florida Parole Commission could not be forced to supply convicted child molester and murderer James Duckett with copies of his records which were missing from the state attorney's files.

Records and correspondence, Parole officers

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Georgia Supreme Court opens student records

Article Abstract:

The Georgia Supreme Court in Red & Black Publishing Co. v. Board of Regents of the University of Georgia gave a student newspaper access to the records of a student-run disciplinary court on a fraternity hazing incident under investigation. The ruling in favor of the student newspaper came because the university was considered a state agency subject to Georgia open government laws.

Laws, regulations and rules, Administrative agencies, Government agencies, Public universities and colleges

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