Cent. Fla. Reg'l Transp. Auth. v. Post-Newsweek Stations
Decision Date | 30 January 2015 |
Docket Number | No. 5D14–360.,5D14–360. |
Citation | 157 So.3d 401 |
Parties | CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY, d/b/a Lynx, Appellant/Cross–Appellee, v. POST–NEWSWEEK STATIONS, ORLANDO, INC., d/b/a WKMG–TV Local 6 Appellee/Cross–Appellant. |
Court | Florida District Court of Appeals |
Carrie Ann Wozniak, Patrick T. Christiansen, and E. Ginnette Childs, of Akerman LLP, Orlando, for Appellant/Cross–Appellee.
Meagan L. Logan and Edward L. Birk, of Marks Gray, P.A., Jacksonville, for Appellee/Cross–Appellant.
Appellant/Cross–Appellee, Central Florida Regional Transportation Authority, d/b/a LYNX (“LYNX”), appeals the declaratory judgment in favor of Appellee/Cross–Appellant, Post–Newsweek Stations, Orlando, Inc., d/b/a WKMG–TV Local 6 (“WKMG”). The declaratory judgment held that the Public Records Act's exemptions for security systems and security-system plans do not apply to LYNX buses' camera footage. LYNX argues that the plain language of statutory exemptions1 to the Public Records Act renders the security footage confidential and exempt from public-record requests. We address only the declaratory judgment, and reverse.2
LYNX installed a comprehensive video-surveillance security system using, in part, grant money obtained from the United States Department of Homeland Security. Signs in plain view on the buses indicate the cameras' presence and provide, “For your safety, you may be recorded by a video surveillance system which may also include audio recording.” WKMG filed public-records requests seeking to inspect video footage captured by cameras on LYNX's buses. LYNX denied the requests, asserting that the videos captured by the surveillance system were confidential and exempt from public inspection because the videos fall within the exemptions for security systems. The video footage from this surveillance system was used and accessed in joint training with local and federal law enforcement; the training focused on how to prevent, deter, and when necessary, respond to criminal and terrorist attacks in a mass-transit environment. The cameras are regularly used and accessed by law enforcement in real world, non-training exercises.
After multiple hearings, the trial court ruled for WKMG, holding that the video footage did not fall within an exemption to the Public Records Act, as follows:
The trial court limited its order to the video footage captured on buses, noting that the order did not apply to recordings produced from equipment attached to LYNX's stationary buildings and facilities.
We review an interpretation of a statute de novo. Rameses, Inc. v. Demings, 29 So.3d 418, 420 (Fla. 5th DCA 2010) . “When the statute is clear and unambiguous, courts will not look behind the statute's plain language for legislative intent or resort to rules of statutory construction to ascertain intent.” Ellis v. Hunter, 3 So.3d 373, 383–84 (Fla. 5th DCA 2009) (quoting Daniels v. Fla. Dep't of Health, 898 So.2d 61, 64 (Fla.2005) ). “In instances where the statutory language is clear, [this court] must read the statute as written and the statute's plain and ordinary meaning must control.” Id. at 384 (citing Daniels, 898 So.2d at 64 ). “Only when the statutory language is unclear or ambiguous should the courts apply rules of statutory construction and explore legislative history to determine legislative intent.” Nicarry v. Eslinger, 990 So.2d 661, 664 (Fla. 5th DCA 2008) (citing Weber v. Dobbins, 616 So.2d 956, 958 (Fla.1993) ). “A statute is ‘ambiguous' when its language is subject to more than one reasonable interpretation and may permit more than one outcome.” Id. (citing Hess v. Walton, 898 So.2d 1046, 1049 (Fla. 2d DCA 2005) ).
“Chapter 119 of the Florida Statutes, The Florida Public Records Act, was enacted to promote public awareness and knowledge of government actions in order to ensure that governmental officials and agencies remain accountable to the people.” WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 52 (Fla. 5th DCA 2004) (citing Forsberg v. Hous. Auth. of Miami Beach, 455 So.2d 373, 378 (Fla.1984) ). “[W]hile The Florida Public Records Act is to be liberally construed in favor of open government, exemptions from disclosure are to be narrowly construed.” Id. at 53 (citing Seminole Cnty. v. Wood, 512 So.2d 1000, 1002 (Fla. 5th DCA 1987) ). “The agency bears the burden of proving its right to the claimed exemption.” Id. (citing Woolling v. Lamar, 764 So.2d 765, 767 (Fla. 5th DCA 2000) ).
The two exemptions relied on in this case are read together. Marino v. Univ. of Fla., 107 So.3d 1231, 1233 (Fla. 1st DCA 2013) ( ); Critical Intervention Servs., Inc. v. City of Clearwater, 908 So.2d 1195, 1196–97 (Fla. 2d DCA 2005) ( ).
Section 119.071(3)(a), Florida Statutes (2014), provides that records, information, photographs, and audio and visual presentations that reveal a security system plan are confidential and exempt, as follows:
Section 281.301, Florida Statutes (2014), provides that information that either relates directly to or reveals security systems is confidential and exempt, as follows:
Information relating to the security systems for any property owned by or leased to the state or any of its political subdivisions, and information relating to the security systems for any privately owned or leased property which is in the possession of any agency as defined in s. 119.011(2), including all records, information, photographs,...
To continue reading
Request your trial