FaxsvR 11/24/2014 7:39:29 AM PAGE 1/010 Fax Server
IN THE CIRCUIT COURT OF THE:
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE, COUNTY, FLORIDA
ORAGANIZE NOW, iNC., a Herida Case No. — 2014-CA-01008°0.
‘not fer profit corporation, aud, Division: 33.
STEPHANIE PORTA,
Plaintiffs,
‘TERESA JACOBS and
ORANGE COUNTY, FLORIDA,
A political subdivisian of the State of Florida,
Defendants.
ORDE! DECLAI
“This matter came before the: Court at the November 12, 2015, expedited shearing: on
Plaintiff?” Emergency Complaint Seeking Declaratory Relief and the Court, having reviewed lb
‘pleadings and memoranda filed in this case, heard testimony from witnesses and-arguimént fom
‘équingel, ORDERS and ADJUDGES as follows:
BACKGROUND
This case arises out of'a seriés of public records requests made by: Plaintiffs, Organize
‘Now, lic, and Stephanie Porta, to Grange County, puistant 16 Article 1, §24 of the Florida
Constitution and Chapter 119, Florida Statutes. According to the Plaintiffs’ Complaint, the
requests were made on September 8, 2014, September 10, 2014, September 15, 2014, and
September 19, 2014, The. public. xobords requests’ af issue ‘viere not specifically directed to
Defendant, Mayor Teresi Jacobs, and she had no involvement with the responses that were: made
46 'diese sequests, Generally, die'requests af:isstc ‘related to information contained ix OrangeFaxsvR 11/24/2014 7:39:29 AM PAGE 2/010 Fax Server
County's Dropbox” account, which is an electronic file sharing-and storage system that allows
“users with thé appropriate access to log in remotely to work-on or review County documents that
ate coritsined within the Dropbox aocoutt.
‘The September 8, 2014, request asked to “inspect ot obtain copies of all current and
deleted items contained in the Dropbox or any other similarly-situated clond: based system. that.
Orange County Mayor Jacobs has acecss to currently, or has utilized since she took her‘current
office.” The Sepiomiber 10, 2014, request aéked fora “copy of the activity logs on the Dropbox
‘or any other sintilariy-situated cloud based file sharing, and/or file storage system that Oratige
‘County Mayor Jacobs has access to. currently, or has utilized sizice she took her current office”,
“the 90-day-deleted item log” arid “a printed. copy of the names of all individuals have had (sic)
access or deposited any type of material into it” The September 15, 2014, request asked for “a
copy of the history contained in the Evonts tab of any Dropbox account viewed or accessed by
Mayor Teresa Jacobs or anyone working under her immediate direction snd control during the
‘time period between Jan, 4, 2011, and Sept. 13, 2014.” Finally, the September 19, 2014, request
asked for “G) « list of oli users for the drop'box used by the Mayor's Office for the past two
years; aud (i) Any avig or video files placed in cop box by Kevin Shaughnessy between July
41,2012, and-September 30, 2012, and the events timeline for the drop box used by the Mayor's
office for the same thine period.”
White Pleiniifis’ Complaint. specifically references the several public records sequests
mentioned.above, they only take issue with the County's respouse fo the September 15, 2014,
‘public reconis request as contained in the September 19, 2014, correspondence from the County
‘Atiomey’s Office to plaintiff, Stephanie Porta, which reads, in pertinent part, as follows.
In response to- Your public records nequest made on September 15,
2014, enclosed you will-find a CD with the requested activity los,
2FaxsvR 11/24/2014 7:39:29 AM PAGE 3/010 Fax Server
“The IP addresses have been redacted from the log pursuant to
Florida Statutes 282.318 and 501.171.
“1p js an acronivm for “Latemet Protocol” and, according to expert testimony given at the
“hearing, an IP address is a unique code assigned to ali computer, cell phones, computer tablets
and certain other electrouic devices which is similar to a telephone number. In this case, the
redacted IP addresses would identify the specific computers or mobile devices that accessed the
Cownty’s Dropbox account during the relevent time period. Plaintiffs contend that ite JP
addresses should not have béen redacted because they are public records which do not qualify-as
-valid exemptions trom Florida's public records disclosure requirements. The County disagrees.
LEGAL ANALYSIS.
Florida has a long history of open government, dating back to the passage of its first
public records law in 1909 (Chapter 5942, Acts 1909, Sec. 1). Likewise, in 1992, Article I,
Scction 24(a) of the state constitution was adopted which provided a constitutional guarasitee to
the openness of public records, Currently, Florida's public records law is codified. in Chapter
119, whiich specifically states the intent of the legislature that “it is the policy of this state thut all
State, county, and municipal records are open. for personal inspection and copying by any
person.” This policy has been applied broadly by Florida Couty in favor of public disclosure
nd limitations and exemptions have been narrowly construed and limited:to their designated
purpose. See, ¢:9, Rumees, Inc. v. Demings, 2980. 30416, 421 (Fla. 3" DCA 2010).
‘The leaistature has carved out certain exemptions from public disclosure, as couiined in
Chapter 119-and elsewhere, which include certain sensitive documents and information such as
some collective bargaining material, medical records, certain attomey-client material, trade
secrets, criminal investigation information, police complaint information and others. if in
response to a public records request, the cusiodian of the public records clairis that the records
3