COUNTY OF VOLUSIA, APPELLANT,
v.
EMERGENCY COMMUNICATIONS NETWORK, INC., ETC., APPELLEE
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The court affirmed the trial court's denial of mandamus, holding that a private contractor's database is not a public record because the contractor is not an 'agency' under Florida's public records statute.
A private corporation that contracts with a county is not an 'agency' under Florida's public records act and therefore its database is not a public record.
[1] A private corporation that contracts with a government entity is not an 'agency' under Florida's public records act merely by virtue of the contractual relationship, and…
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Join FLexlaw to unlock all legal intelligenceThe County of Volusia sought a writ of mandamus to compel Emergency Communications Network, Inc., a private contractor, to produce a database it creat…
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The County of Volusia appeals a final judgment denying its amended petition for writ of mandamus against the appellee, Emergency Communications Network, Inc., a private corporation that contracted with the County. The 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.2006). We find no reason to disturb those findings and conclusions and accordingly affirm. We write only to note that during the well-presented oral argument of this case, Emergency Communications, recognizing the potential danger to the citizens of Volusia County, offered to give, under a nondisclosure agreement, the data base that is the subject of this appeal to the vendor taking the place of Emergency Communications.
AFFIRMED.
MONACO, C.J., COHEN, J. and PLEUS, JR., R., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- News & Sun-Sentinel Co. v. Schwab, 596 So. 2d 1029 (Fla. 1992)
- Kendall v. Bradford, 927 So. 2d 961 (Fla. 3d DCA 2006)
- Mem'l Hospital-West Volusia, Inc. v. News-Journal Corp., 927 So. 2d 961 (Fla. 5th DCA 2006)