Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996). · Go Syfert
Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996). Cases Citing This Book View Copy Cite
14 citation events (12 in the last 25 years) across 4 distinct courts.
Cited for
At page 514 Remanding for evidentiary hearing on unlawful records access4 citing casesWe remand for an evidentiary hearing on the issue of whether, under the facts of this case, there was an unlawful refusal of access to the records within the meaning of section 119.12(1), Florida Statutes (1995).1 citing court put it this way
  • Human Rights Def. Ctr. v. Armor Corr. Health Servs., Inc., Etc., No. 20-1320 (Fla. 3d DCA Dec. 1, 2021).published
    (We remand for an evidentiary hearing on the issue of whether, under the facts of this case, there was an unlawful refusal of access to the records within the meaning of section 119.12(1), Florida Statutes (1995).)
  • Cookston v. Off. of the Pub. Def., 204 So. 3d 480 (Fla. 5th DCA 2016).published
    Lucie, 678 So.2d 514, 514 (Fla. 4th DCA 1996) (“Production of the records after the lawsuit was filed did not moot the issues .raised in the complaint.
  • Schweickert v. Citrus Cnty. Florida Bd., 193 So. 3d 1075 (Fla. 5th DCA 2016).published
    Lucie, 678 So.2d 514, 514 (Fla. 4th DCA 1996) (“Production of the records after the lawsuit was filed did not moot the issues raised in the complaint.
  • Consum. Rights, LLC v. Bradford Cnty., 153 So. 3d 394 (Fla. 1st DCA 2014).published
    Lucie, 678 So.2d 514, 514 (Fla. 4th DCA 1996); Wisner v. City of Tampa Police Dep’t, 601 So.2d 296, 298 (Fla. 2d DCA 1992).
William PULS and Janna Puls, Appellants,
v.
CITY OF PORT ST. LUCIE, Donald Cooper, Roger Orr, and Mark Hendricks, Appellees.
95-3166.
District Court of Appeal of Florida, Fourth District.
Aug 28, 1996.
Published opinion
678 So. 2d 514
1996 WL 486562

Jeffrey S. Kurtz, Wellington, for appellants.

Rhea P. Grossman of Rhea P. Grossman, P.A., Miami, for appellees.

PER CURIAM.

As to the City of Port St. Lucie and city manager Donald Cooper, we reverse the order granting the motion to dismiss. Appellants were the proper party plaintiffs to the lawsuit seeking public records. The complaint facially stated a cause of action for relief under chapter 119, Florida Statutes (1995). Whether or not the custodian designated under section 119.021 was served with a records request is not germane to this lawsuit. Section 119.07(1)(a) imposes a duty of disclosure upon "[e]very person who has custody of a public record." (Emphasis supplied). Under the statute, the custodian, or custodian's designee, supervises the manner of disclosure. § 119.07(1)(a), Fla. Stat. (1995). Production of the records after the lawsuit was filed did not moot the issues raised in the complaint. We remand for an evidentiary hearing on the issue of whether, under the facts of this case, there was an unlawful refusal of access to the records within the meaning of section 119.12(1), Florida Statutes (1995). We affirm the dismissal as to appellees Orr and Hendricks.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

DELL, SHAHOOD and GROSS, JJ., concur.