Legal Report, October 2014
General Counsel, Trela J. White
  
  1.  
  Chandler v. City of Greenacres, 39 Fla. L. Weekly D1232 (Fla 4th DCA,
      June 20, 2014)
  Joel Edward Chandler anonymously emailed the City on multiple occasions
  requesting certain public documents.  The City Clerk responded to all emails
  notifying the sender to fill out a form on the City website in order to obtain
  the documents.  The City required the form so that it had an address or other
  identifiable source of payment for the associated production costs.  No form
  was filled out and five months later, Chandler emailed again requesting the
  documents.  The City Clerk again informed the sender that the City’s
  form had to be filled out in order to determine the cost of production of the
  documents.  Chandler filed a petition for writ of mandamus demanding
  production of the public records, and also seeking attorney’s fees and
  costs under the Public Records Act.  The Fourth District Court of Appeal
  concluded that the City could not condition the disclosure of public records
  on filling out the form, and the estimated costs to produce the documents
  should have been emailed to the anonymous sender.  The Court held that a
  person requesting access to or copies of public records cannot be required to
  disclose his name, address, telephone number or other identifying information
  prior to releasing the records unless the public records custodian is required
  by law to collect such information.  The City Clerk in this case was not
  required by state statute to collect such information.
  2.
  Ocean Palm Golf Club Partnership v. City of Flagler Beach, 39 Fla. L.
      Weekly D1151 (Fla. 5th DCA, June 6, 2014)
 A landowner owned an old golf course parcel and a vacant condo parcel
  situated within the golf course parcel.  After multiple failed attempts to
  develop the condo parcel, the landowner applied for a comprehensive plan land
  use amendment to allow the development of single-family homes on both the golf
  course parcel and the condo parcel.  The City rejected the plan amendment and
  the landowner sued arguing a taking.  The Fifth District Court of Appeal held
  that it was within the City’s discretion to reject the plan amendment. 
  The City’s refusal to amend the comprehensive plan did not interfere
  with the landowner’s reasonable investment-backed expectations of the
  recreational use of the property as a golf course.  The Court held that even
  if golf courses had become unprofitable in the current market, there was no
  taking.  The Court wrote: “In effect, the [landowner’s] position
  is that if a landowner buys a piece of property and the economy later takes a
  downturn, resulting in the frustration of the landowner’s expectations,
  then the government must act as a guarantor for the landowner’s
  investment after it becomes unprofitable due to, not the zoning regulations,
  but outside market forces.  This is not the purpose of eminent domain
  law.”
  3.  
  Town of Gulf Stream et al vs. Palm Beach County, and Sharon R. Bock, as
      Clerk and Comptroller of Palm Beach County, Intervenor
  Case No. 502011CA017953XXXXMB.  Inspector General Funding Lawsuit.
  Fourteen municipalities sued Palm Beach County challenging the method of
  funding for the Inspector General Program (the “OIG Program”). 
  The current funding method authorizes the Board of County Commissioners to set
  an amount the municipalities must pay for the OIG Program and to bill
  municipalities for that amount.  The municipalities contend that the current
  funding method is an unlawful tax and invades municipal home rule budgetary
  authority. 
  A three day non-jury trial regarding this matter commenced Tuesday, August
    19, 2014.  The parties submitted proposed orders to Judge Brunson on
    September 2, 2014, and are awaiting a ruling.
