R5D08

The primary remedy available when a successful action is brought pursuant to Chapter 119 is a writ of mandamus requiring the agency to open its records for inspection. Fla. Stat. § 119.11(1) (1995); Town of Manalapan v. Rechler, 674 So. 2d 789, 790 (Fla. 4th DCA 1996)(“mandamus was an appropriate remedy to compel the timely production of public records request under Chapter 119.”); Staton v. McMillan, 597 So. 2d 940 (Fla. 1st DCA), review denied, 605 So. 2d 1266 (Fla. 1992); Rule 2.051(b), Public Access to Public Judicial Records, Fla. R. Jud. Admin.

The court may issue a declaratory judgment holding that the public governmental body violated the Sunshine Law, and issue an injunction prohibiting further violations. However, the court may only enter a declaratory judgment in the context of a specific factual matrix and an actual justiciable controversy. See Fulson v. Kansas City Star Co., 816 S.W.2d 297, 299 (Mo.Ct.App. 1991); Buckner v. Burnett, 908 S.W.2d 908 (Mo.Ct.App. 1995).

Writs of mandamus or prohibition.

The superior courts have jurisdiction in law and in equity to entertain actions to enforce compliance with the provisions of the statute. O.C.G.A. § 50-18-73(a). In addition, any person knowingly and willfully violating the provisions of the Act by failing to provide access to non-exempt records may be subject to criminal penalties. Id. § 50-18-74.

A court may order that the records be disclosed. It may also issue a continuing restraining order against withholding the documents or similar documents in the future.

The court, upon a finding for the petitioner, shall order the records to be made available and afford the petitioner whatever additional relief is necessary "to give the fullest possible access to public records." T.C.A. § 10-7-505(d) (1999).

The court may compel disclosure. Additionally, the court may assess damages caused by failure of an agency to properly maintain a personal record, id. § 92F-27(c)(1); reasonable attorneys' fees and costs, id., §§ 92F-15(d), 92F-27(c)(2), 92F-27(d); and criminal sanctions for government officials and employees making disclosure knowing disclosure is prohibited or for any person that obtains access to or a copy of a government record by "false pretense, bribery, or theft with actual knowledge that disclosure is prohibited . . . .," id. § 92F-17.

"In any suit filed under this section, the court has jurisdiction to enjoin the public body from withholding records, to order disclosure, and to grant such other equitable relief as may be proper." Neb. Rev. Stat. § 84-712.03.

The Act does not limit what judicial remedies are available. The court may issue a writ of mandamus directing a governmental body to produce records for public inspection. Depending on the circumstances, an injunction or declaratory judgment also may be appropriate remedies.

The court may order that the records be released and may order that court costs and reasonable attorney fees be assessed. Although the Act does not specifically address the subject, the court should also be able to render declaratory or injunctive relief in appropriate circumstances. Idaho Code § 9-344, 9-345.