totality factors in Florida

2010The trial court determined that the data base created by Emergency Communications was not a public record because Emergency Communications was not an “agency” as defined by section 119.011(1), Florida Statutes (2009), of the public records act whether tested by the totality-of-factors standard articulated in News & Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Group, Inc., 596 So.2d 1029 (Fla.1992), or by the delegation standard announced by this court in Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 927 So.2d 961 (Fla. 5th DCA), review denied, 945 So.2d 1289 (Fla.200

2006Case Law The Schwab Totality of Factors Test: In News and Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Group, Inc., 596 So.2d 1029 (Fla.1992) ( "Schwab" ), the supreme court adopted a totality of factors test for determining whether a private entity is "acting on behalf of any public agency" under the Public Records Act.

2010They informed Powell that he had “the right to talk to a lawyer before answering any of [their] questions” and “the right to use any of [his] rights at any time [he] want[ed] during th[e] interview.” Powell, 130 S.Ct. at 1204 .

2010The trial court determined that the data base created by Emergency Communications was not a public record because Emergency Communications was not an “agency” as defined by section 119.011(1), Florida Statutes (2009), of the public records act whether tested by the totality-of-factors standard articulated in News & Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Group, Inc., 596 So.2d 1029 (Fla.1992), or by the delegation standard announced by this court in Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 927 So.2d 961 (Fla. 5th DCA), review denied, 945 So.2d 1289 (Fla.200

2010The trial court determined that the data base created by Emergency Communications was not a public record because Emergency Communications was not an “agency” as defined by section 119.011(1), Florida Statutes (2009), of the public records act whether tested by the totality-of-factors standard articulated in News & Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Group, Inc., 596 So.2d 1029 (Fla.1992), or by the delegation standard announced by this court in Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 927 So.2d 961 (Fla. 5th DCA), review denied, 945 So.2d 1289 (Fla.200

2008This needless complication is contrary to the spirit of the Supreme Court's decision, in which it stated that the "limits we have placed on the interrogation process should not constitute an undue interference with a proper system of law enforcement." 384 U.S. at 481 , 86 S.Ct. 1602 .

2008This needless complication is contrary to the spirit of the Supreme Court's decision, in which it stated that the "limits we have placed on the interrogation process should not constitute an undue interference with a proper system of law enforcement." 384 U.S. at 481 , 86 S.Ct. 1602 .

2006When the agreement transfers the actual public function, public access follows, as was correctly determined by the Fifth District in its more recent decision in Stanfield v. Salvation Army, 695 So.2d 501 (Fla. 5th DCA 1997), in which the district court held that public access was required for a private entity that completely assumed a governmental obligation in its contract with a county government to provide probationary services.

1995Fla. 94-32 (1994). 3 See, s. 119.011 (2), Fla. Stat., defining "agency" for purposes of Ch. 119 , Fla. Stat., to include, among others, private entities acting on behalf of a public agency; News and Sun-Sentinel Company v. Schwab, Twitty Hanser Architectural Group, Inc., 596 So.2d 1029 (Fla. 1992), setting forth a totality of factors analysis to be used in determining the applicability of the Public Records Law; Sarasota Herald-Tribune Company v. Community Health Corporation, Inc., 582 So.2d 730 (Fla. 2d DCA 1991), in which the court held that a non-profit corporation created and funded by an