Wells v. Sarasota Herald Tribune Co.
Wells v. Sarasota Herald Tribune Co.
Opinion of the Court
In these consolidated appeals, Wells and Schaub seek review of a final judgment entered June 23, 1987, by Judge Logan determining that certain investigative files of the offices of the sheriff and state attorney were inactive and therefore subject to inspection. See §§ 119.011(1), 119.07(l)(a), Fla.Stat. (1988 Supp.).
In reviewing the final judgment of June 23, 1987, we have conducted an in camera inspection of the files in question. We determine that the judgment of June 23, 1987, is not supported by competent substantial evidence. We find that the criminal investigation to which these files relate was active and ongoing with a “reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future” on each of the dates the Herald-Tribune made demand that they be disclosed. § 119.011(3)(d)(2), Fla.Stat. (1988 Supp.). Therefore, the files were exempt from disclosure pursuant to section 119.07(3)(d), Florida Statutes (1988 Supp.), and the final judgment of June 23, 1987, is reversed.
Having so determined, we do not reach the issues raised by the appeal from the
The provisions of the Public Records Act pertinent to this appeal have remained unchanged since the first records request in 1986.
Reference
- Full Case Name
- Charles B. WELLS, Sheriff of Manatee County, Florida, and Frank Schaub, as State Attorney for the Twelfth Judicial District v. SARASOTA HERALD TRIBUNE COMPANY, INC., Appellee SARASOTA HERALD-TRIBUNE COMPANY, INC. v. Charles B. WELLS, Sheriff of Manatee County, Florida, and Frank Schaub, as State Attorney for the Twelfth Judicial District
- Cited By
- 3 cases
- Status
- Published