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Re: [FL-SAC] Re: Community members

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  • Lucyedu@aol.com
    In a message dated 1/31/04 11:47:45 AM Eastern Standard Time, bswallace@compuserve.com writes:
    Message 1 of 12 , Feb 1, 2004
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      In a message dated 1/31/04 11:47:45 AM Eastern Standard Time,
      bswallace@... writes:

      << "Pursuant to the provisions of Florida's Public Records Law, I hereby
      request a copy of all correspondance used to convey 'wide notice of
      vacancies and of taking input on possible [SAC] members from local
      business, chambers of commerce, community and civic organizations and
      groups, and the public at large' as required by s. 1001.452, F.S. I
      also request a copy of responses received in response thereto."

      My district would laugh at me and I feel that my principal would
      suggest harrassment. I might add that it has been recently suggested
      that my efforts to see that our State laws are complied with
      constitute harrassment. Go figure. >>

      RESPONSE: According to the Sixth Edition of Black's Law Dictionary, "As
      defined in federal statute providing for a civil action to restrain harassment of
      a victim or witness, is 'a course of conduct directed at a specific person
      that causes substantial emotional distress in such person and serves no
      legitimate purpose.'..." Florida Statutes probably contain their own definition,
      which would probably be more in/applicable.
      Using the definition above, just as an example, would apparently require
      (1) that someone experience "substantial emotional distress" from your
      action/s and (2) that there to be "no legitimate purpose" to your action/s.

      So, next time someone suggests that your public record requests may
      constitute harassment, you might like to share this information with them -- along with
      the definition of libel and slander.

      Again, according to Black's:
      Libel: "... Accusation in writing or printing against the character of a
      person which affects his reputation, in that it tends to hold him up to
      ridicule, contempt, shame, disgrace, or obloquy, to degrade him in the estimation
      of the community, to induce an evil opinion of him in the minds of
      rightthinking persons, to make him an object of reproach, to diminish his respectability
      or abridge his comforts, to change his position in society for the worse, to
      dishonor or discredit him in the estimation of the public, or his friends and
      acquaintances, or to deprive him of friendly intercourse in society, or cause
      him to be shunned or avoided, or where it is charged that one has violated his
      public duty as a public officer. Almost any language which upon its face has a
      natural tendency to injure a man's reputation, either generally or with
      respect to his occupation...."
      "... 'Libel' and 'slander' are both methods of defamation; the former
      being expressed by print, writing, pictures, or signs; the latter by oral
      expressions or transitory gestures...."

      I hope you don't need this information but, if you do, it is offered in your
      defense.

      When/if I look for/through some old editions of the
      Government-in-the-Sunshine Manual, I may be able to find additional assistance....

      Regards,

      Lucy Margolis
      Miami-Dade County
    • Lucyedu@aol.com
      In a message dated 1/31/04 2:10:09 PM Eastern Standard Time, synthia.lafontaine@comcast.net writes:
      Message 2 of 12 , Feb 1, 2004
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        In a message dated 1/31/04 2:10:09 PM Eastern Standard Time,
        synthia.lafontaine@... writes:

        << We need a system for reporting, investigating, exposing, publicly, areas
        and incidents of noncompliance >>

        RESPONSE: Amen!
      • Lucyedu@aol.com
        In a message dated 1/31/04 11:47:45 AM Eastern Standard Time, bswallace@compuserve.com writes:
        Message 3 of 12 , Feb 1, 2004
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          In a message dated 1/31/04 11:47:45 AM Eastern Standard Time,
          bswallace@... writes:

          << My district would laugh at me and I feel that my principal would
          suggest harrassment. I might add that it has been recently suggested
          that my efforts to see that our State laws are complied with
          constitute harrassment. >>

          CONTINUED RESPONSE:

          1. According to the 2003 Edition of the Government-in-the-Sunshine Manual:

          "Must an individual show a 'special interest' or 'legitimate interest' in
          public records before being allowed to inspect or copy same?
          "No. Chapter 119, F.S., requires no showing of purpose of 'special
          interest' as a condition of access to public records. 'The motivation of the
          person seeking the records does not impact the person's right to see them under the
          Public Records Act.'..."

          2. According to the 1995 Edition of the Manual, page 126:

          "... 'Even though a public agency may believe that a person or group are
          fanatics, harassers or are extremely annoying, the public records are available to
          all of the citizens of the State of Florida.' Salvador v. City of Stuart,
          No. 91-812 CA (Fla. 19th Cir. Ct. December 17, 1991). ..."

          3. However, according to the 2003 Edition of the Manual:

          "Section 817.568, F.S., provides criminal penalties for the unauthorized use
          of personal identification information for fraudulent or harassment
          purposes...."

          4. So, maybe some of your local school district personnel have confused
          law/s regarding access to public records with law/s regarding "unauthorized use of
          personal identification information for fraudulent or harassment purposes".
          You may, therefore, like to share this information with them if you continue
          to have problems.

          Good luck!

          Lucy Margolis
          Miami-Dade County
        • bsw2435
          Thanks for doing my research for me. You just made my life easier. Barbara Orange County ... hereby ... of ... and ... I ... suggested ... Dictionary, As ...
          Message 4 of 12 , Feb 1, 2004
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            Thanks for doing my research for me. You just made my life easier.

            Barbara
            Orange County

            --- In FL-SAC@yahoogroups.com, Lucyedu@a... wrote:
            > In a message dated 1/31/04 11:47:45 AM Eastern Standard Time,
            > bswallace@c... writes:
            >
            > << "Pursuant to the provisions of Florida's Public Records Law, I
            hereby
            > request a copy of all correspondance used to convey 'wide notice
            of
            > vacancies and of taking input on possible [SAC] members from local
            > business, chambers of commerce, community and civic organizations
            and
            > groups, and the public at large' as required by s. 1001.452, F.S.
            I
            > also request a copy of responses received in response thereto."
            >
            > My district would laugh at me and I feel that my principal would
            > suggest harrassment. I might add that it has been recently
            suggested
            > that my efforts to see that our State laws are complied with
            > constitute harrassment. Go figure. >>
            >
            > RESPONSE: According to the Sixth Edition of Black's Law
            Dictionary, "As
            > defined in federal statute providing for a civil action to restrain
            harassment of
            > a victim or witness, is 'a course of conduct directed at a specific
            person
            > that causes substantial emotional distress in such person and
            serves no
            > legitimate purpose.'..." Florida Statutes probably contain their
            own definition,
            > which would probably be more in/applicable.
            > Using the definition above, just as an example, would
            apparently require
            > (1) that someone experience "substantial emotional distress" from
            your
            > action/s and (2) that there to be "no legitimate purpose" to your
            action/s.
            >
            > So, next time someone suggests that your public record requests may
            > constitute harassment, you might like to share this information
            with them -- along with
            > the definition of libel and slander.
            >
            > Again, according to Black's:
            > Libel: "... Accusation in writing or printing against the
            character of a
            > person which affects his reputation, in that it tends to hold him
            up to
            > ridicule, contempt, shame, disgrace, or obloquy, to degrade him in
            the estimation
            > of the community, to induce an evil opinion of him in the minds of
            > rightthinking persons, to make him an object of reproach, to
            diminish his respectability
            > or abridge his comforts, to change his position in society for the
            worse, to
            > dishonor or discredit him in the estimation of the public, or his
            friends and
            > acquaintances, or to deprive him of friendly intercourse in
            society, or cause
            > him to be shunned or avoided, or where it is charged that one has
            violated his
            > public duty as a public officer. Almost any language which upon
            its face has a
            > natural tendency to injure a man's reputation, either generally or
            with
            > respect to his occupation...."
            > "... 'Libel' and 'slander' are both methods of defamation; the
            former
            > being expressed by print, writing, pictures, or signs; the latter
            by oral
            > expressions or transitory gestures...."
            >
            > I hope you don't need this information but, if you do, it is
            offered in your
            > defense.
            >
            > When/if I look for/through some old editions of the
            > Government-in-the-Sunshine Manual, I may be able to find additional
            assistance....
            >
            > Regards,
            >
            > Lucy Margolis
            > Miami-Dade County
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