Marino v. Univ. of Fla.

• Decision Date: 26 February 2013
• Docket Number: No. 1D12–1688.,1D12–1688.
• Parties: Camille MARINO, Appellant, v. UNIVERSITY OF FLORIDA, Appellee.
• Court: Florida District Court of Appeals

107 So.3d 1231

Camille MARINO, Appellant,
v.
UNIVERSITY OF FLORIDA, Appellee.

No. 1D12–1688.

District Court of Appeal of Florida,
First District.

Feb. 26, 2013.

[107 So.3d 1232]

Marcy Lahart, Gainesville, for Appellant.

Courtney K. Grimm, Jacksonville, and Amy M. Hass, Gainesville, for Appellee.

ROBERTS, J.

This appeal arises from a final order finding that the University of Florida permissibly redacted certain information from a public records request provided to the appellant. We reverse the final order and hold that the requested records be provided to the appellant without the contested redaction.

The appellant submitted a public records request to the University of Florida that sought to inspect and/or copy various records regarding 33 non-human primates whose captivity had been documented in a USDA inspection report. The University ultimately produced the requested records with partial redactions to obscure the physical housing location of the primates. The University maintained that this information was confidential and exempt under sections 119.071(3) and 281.301, Florida Statutes.

The appellant argued below that the University improperly redacted the physical location of the primates under the exemption language in sections 119.071(3) and 281.301 as that language pertained to security system plans. The University responded that its Security Plan, which contained an Animal Research Security component, provided for protection of the animal facilities and researchers by limiting and restricting access not only to the facilities themselves, but to the list of the facilities, which included the location.

Following testimony from the University Chief of Police and an in camera review of the University's Animal Research Security Plan, the trial court entered a final order finding that the plan “sets forth measures and recommendations to safeguard the facilities, the animals, and the personnel” and “[l]imiting access to the list of the animal facility locations as well as entry access to the facilities [was] part of a legitimate security plan.” As such, the trial court found that the University permissibly redacted the information that identified the facility or the location of the non-human primates as that information was exempted from disclosure by section 119.07(1).

The determination as to what constitutes a public record is a question of law subject to de novo review. See Grapski v. City of Alachua, 31 So.3d 193, 196 (Fla. 1st DCA 2010).

Article I, section 24(a), of the Florida Constitution provides, in part:

Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this...