§2-E-2 | STRICT CONSTRUCTION
An agency claiming an exemption from disclosure bears the burden of proving the right to an exemption. See Barfield v. School Board of Manatee County, 135 So. 3d 560, 562 (Fla. 2d DCA 2014); Woolling v. Lamar, 764 So. 2d 765, 768 (Fla. 5th DCA 2000), review denied, 786 So. 2d 1186 (Fla. 2001); Barfield v. City of Fort Lauderdale Police Department, 639 So. 2d 1012, 1015 (Fla. 4th DCA), review denied, 649 So. 2d 869 (Fla. 1994); and Florida Freedom Newspapers, Inc. v. Dempsey, 478 So. 2d 1128, 1130 (Fla. 1st DCA 1985). See also Bludworth v. Palm Beach Newspapers, Inc., 476 So. 2d 775, 780n.1 (Fla. 4th DCA 1985), review denied, 488 So. 2d 67 (Fla. 1986); Tribune Company v. Public Records, supra, stating that doubt as to the applicability of an exemption should be resolved in favor of disclosure rather than secrecy. And see Times Publishing Company v. City of St. Petersburg, 558 So. 2d 487, 492, noting that the judiciary cannot create a privilege of confidentiality to accommodate the desires of government and that “[a]n open government is crucial to the citizens’ ability to adequately evaluate the decisions of elected and appointed officials”; rather the “right to access public documents is virtually unfettered, save only the statutory exemptions designed to achieve a balance between an informed public and the ability of the government to maintain secrecy in the public interest.” Accord AGO 80-78 (“policy considerations” do not, standing alone, justify nondisclosure of public records).
Use these in conjunction with the Guide for Filing Criminal Charges against an Agency/Officer that Violates Public Records Law.
As always, please get the justice you deserve.
Sincerely,
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