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Message: [QUOTE="billybud, post: 4989223, member: 3850"] McMurpjy is uninformed on the subject re Florida..obviously. ...just maybe different states have different laws re what are confidential and not public information. But...that is not as click worthy as his "rah, rah, Big 12" comment. Case Law exists in Florida...the NCAA tried to maintain that a record that they let FSU attorneys access in a read only mode were confidential and thus were not released. The Associated Press filed suit to access that information. Judge Cooper in Florida's Leon County Court (the same judge hearing FSU vs NCAA currently) ruled that the NCAA must release the documents. It was appealed to the Appeals Court...the NCAA lost.. [I]Records created and maintained by the NCAA are not generally subject to public disclosure. However, the documents at issue in this case were examined by lawyers for a public agency, Florida State University, and used in the course of the agency's business. Because the documents were received in connection with the transaction of official business by an agency, they are public records. The NCAA has failed to show that an exception applies under state or federal law, and thus the records must be disclosed.[/I] ..... [I]The term “received” in section 119.011(12) refers not only to a situation in which a public agent takes physical delivery of a document, but also to one in which a public agent examines a document residing on a remote computer. If that were not the case, a party could easily circumvent the public records laws. The appeal by the University is a matter of public concern. It is not transformed into a private matter merely because the documents the University lawyers used to prepare the appeal reside on a computer owned by a private organization. As the plaintiffs expressed this point, the definition of a public record does not turn on the sender's method of transmission. The lawyers signed a confidentiality agreement with the NCAA, but that has no impact on our decision that the transcript and response are public records. A public record cannot be transformed into a private record merely because an agent of the government has promised that it will be kept private. See Gadd v. News-Press Publ'g Co., 412 So.2d 894, 896 (Fla. 2d DCA 1982); Browning v. Walton, 351 So.2d 380, 381 (Fla. 4th DCA 1977). Nor is it material that the NCAA had an expectation that the documents would remain private. As we explained in Sepro Corp. v. Florida Department of Environmental Protection, 839 So.2d 781, 784 (Fla. 1st DCA 2003), “[A] private party cannot render public records exempt from disclosure merely by designating information it furnishes a governmental agency confidential.” The right to examine these records is a right belonging to the public; it cannot be bargained away by a representative of the government.[/I] For law weenies only: [URL unfurl="true"]https://caselaw.findlaw.com/court/fl-district-court-of-appeal/1129771.html[/URL] [/QUOTE]

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