KAREN KLINE, APPELLANT,
v.
UNIVERSITY OF FLORIDA, APPELLEE
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Karen Kline appealed a trial court's denial of her public records request to the University of Florida for animal images, veterinary records, and research protocols. The appellate court reversed because the trial court failed to conduct the statutorily-required immediate hearing before ruling on the petition to compel disclosure.
The trial court's order denying the petition was premature because it failed to conduct the statutorily-required immediate hearing under section 119.11(1), Florida Statutes. An order issued without the required hearing is invalid absent waiver.
[1] A trial court must conduct an immediate hearing on an action filed to enforce the provisions of the Public Records Act.
[2] An order issued without the statutorily-required hearing on a public records request is premature, absent waiver.
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Join FLexlaw to unlock all legal intelligence“Whenever an action is filed to enforce the provisions of [the Public Records Act], the court shall set an immediate hearing, giving the case priority over other pending cases.”
Establishes the mandatory statutory requirement for an immediate hearing in public records enforcement actions.
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Join FLexlaw to unlock all legal intelligenceKline requested public records from the University of Florida, including images of animals, veterinary records, and research protocols from two studie…
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' Appellant, Karen Kline, sought public records from the University of Florida, specifically images -of animals, veterinary records, and research protocols relating to two studies conducted by researchers at the University. The University responded to Kline’s request, claiming an exemption from disclosure for the research protocols, denying the existence of any images of animals, and not addressing the request for veterinary records. Kline filed a petition to ■ compel disclosure of the records and requested an immediate hearing. The trial court ordered the University to show cause, as to why the records should not be produced. In response, the University requested an in-camera inspection, and produced for the court’s review the research protocols and sealed explanatory affidavits by the researchers involved in the studies. After reviewing the documents, the trial court-denied Kline’s petition. .Kline appeals, raising several issues including the trial court’s failure to conduct a hearing on the petition. Because the. trial court prematurely ruled on the petition without the benefit of a hearing, we decline to reach the remaining issues.
Section 119.11(1), Florida Statutes (2015), provides: “Whenever an action is filed to enforce the provisions of [the Public Records Act], the court shall set an immediate hearing, giving the case priority over other pending cases.” The purpose of this hearing is to allow the court to hear argument from the parties and resolve any dispute as to whether there are public records responsive to the request and whether an exemption from disclosure applies in whole or in part to the requested records. See Holley v. Bradford Cnty. Sheriff's Dep't, 171 So.3d 805 (Fla. 1st DCA 2015) (reversing and remanding for an evidentiary hearing and, if necessary, an in-camera inspection, to determine *272whether the Sheriffs Department possessed the requested records, whether the records were exempt from disclosure, and whether they could be redacted and produced in part); see also Clay Cnty. Educ. Ass’n v. Clay Cnty. Sch. Bd., 144 So.3d 708, 710 (Fla. 1st DCA 2014) (reversing and remanding dismissal of mandamus petition for an evidentiary hearing to resolve disputed issues of fact).
The plain language of section 119.11(1) requires the trial court to conduct a hearing on actions seeking to enforce the right to access public records under chapter 119. Absent waiver, an order issued without the statutorily-required hearing is premature. See Grace v. Jenne, 855 So.2d 262, 263 (Fla. 4th DCA 2003). For this reason, we reverse the trial court’s order denying Kline’s petition. We direct the court on remand to conduct a hearing as required by section 119.11(1), and to resolve any dispute between the parties as to whether there are records responsive to Kline’s requests and whether such records are partially or wholly exempt from disclosure.
REVERSED and REMANDED.
MAKAR and BILBREY, JJ., concur.
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Stern v. City of Miami Beach (Fla. 3d DCA 2023)
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Cook v. Fla. Dep't of Corr. (Fla. 1st DCA 2021)…ues and Appellee concedes, this was error. In an action to enforce the provisions of chapter 119, Florida law requires the trial court to hold a hearing before entering a final order. § 119.11(1), Fla. Stat. (2020); see also Kline v. Univ. of Fla., 200 So. 3d 271, 272 (Fla. 1st DCA 2016) (holding that the “plain language of section 119.11(1) requires the trial court to conduct a hearing on actions seeking to enforce the right to access public records under chapter 119. Absent waiver, an order issued without…
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McDonough v. City of Homestead (Fla. 3d DCA 2020)…19.11(1) requires the trial court to conduct a hearing on actions seeking to enforce the right to access public records under section 119. Absent waiver, an order issued without the statutorily-required hearing is premature.” Kline v. Univ. of Fla., 200 So. 3d 271, 272 (Fla. 1st DCA 2016) (citing Grace v. Jenne, 855 So. 2d 262, 263 (Fla. 4th DCA 2003)). Reversed and remanded.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Clay Cnty. Educ. Ass'n v. Clay Cnty. Sch. Bd., 144 So. 3d 708 (Fla. 1st DCA 2014)
- Holley v. Bradford Cnty. Sheriff's Dep't, 171 So. 3d 805 (Fla. 1st DCA 2015)
- Grace v. Jenne, 855 So. 2d 262 (Fla. 4th DCA 2003)