Anna Maria put a plan in motion two weeks ago to capture public record requests.
On March 3, the city announced it would only accept public record requests through an online portal beginning March 7.
But city clerk LeAnne Addy, the city’s custodian of public records, retracted the decision, telling The Islander March 21 that other requests also will be accepted.
Previously, record requests were submitted in person, by phone or via email to the clerk’s office.
The portal, annamariafl.justfoia.com/publicportal/, standardizes record requests with a form and allows the creation of an account to track requests, according to the city.
A link to JustFOIA also is available on the city’s website, cityofannamaria.com.
The new system has come under some review, based on questions from The Islander to the Florida Press Association and the Florida First Amendment Foundation.
Attorneys with the groups agreed the agency can use a form but cannot require the use of a form.
Virginia Hamrick of FAF, noted the relevant content from the 2022 Sunshine Law manual: Chapter 119, F.S., does not authorize an agency to require requests for records be in writing. Per Dade Aviation Consultants v. Knight Ridder Inc., (Fla. 3d DCA 2001) “There is no requirement in the Public Records Act that requests for records must be in writing.” As noted in attorney general opinion 80-57, a custodian must honor a request for copies of records which is sufficient to identify the records desired, whether the request is in writing, over the telephone, or in person, provided that any required fee is paid. “In sum, the city could not properly condition disclosure of the public records to the then-anonymous requester on filling out the city’s form ….”
— Staff report
Did you know?
Sunshine Week, launched in 2005 by the American Society of News Editors, is celebrated in March to promote open government. The nationwide observance — held March 13-19 this year — promotes access to public information and what it means for people and their community: “It’s your right to know.”