Coral Springs getting set for Facebook debut after state gives its OK — South Florida Sun-Sentinel.com

Local governments’ adoption and use of new technologies is refreshing and commendable, but there will be growing pains in many areas, including the Florida’s Sunshine and Public Records laws.

CORAL SPRINGS – There are still some technicalities to work out, but after a nod from the Florida Attorney General's Office, the city plans to debut on Facebook within months.

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“It might wind up being the best way for us to communicate regularly, easily and efficiently,” he said.

While Coral Springs isn’t the first city to have a Facebook page (Tamarac and Pompano Beach already beat them to it), it is the first city to ask the state for a legal opinion about the social networking tool, said Sandi Copes, communications director for the attorney general.

The city still must work out how to retain copies of Web pages for public inspection, to comply with the state’s open records law, said City Attorney Sam Goren. “It has to be retained in the computer system,” he said.

The question is how to make the Facebook page comply with state law, said City Manager Michael Levinson. “And to what extent. That’s what we’re looking at now.”

The rest is easy: The state said commissioners can’t talk to each other on Facebook since that would violate the Sunshine Law requirement that politicians discuss city business in the open. And comments posted to the city’s page by its “friends” will be public, too.

Florida’s public records and Sunshine laws safeguard the public’s right of access to government records and proceedings. Memos and e-mails, for example, are public records that must be disclosed to residents upon request.

via Coral Springs getting set for Facebook debut after state gives its OK — South Florida Sun-Sentinel.com.

Do Florida’s Sunshine laws cover texting? — OrlandoSentinel.com

Text messaging is an everyday habit for many, but if public officials use it to talk about public business, they could be violating the law.

One area city commission has this solution: a ban on texting during public meetings.

Deltona officials recently barred themselves from texting during meetings to avoid the chance that hand-held devices could be used to skirt laws on open government and public records.

Among cellular services, AT&T doesn’t save text messages, and Verizon stores them for only a day. Sprint archives text messages for up to five days and has retrieved texts requested under law-enforcement warrants. Other than that, the only way to see messages is on the phone itself, if they have not already been deleted.

Still, there’s a risk if Commissioner A is texting Mayor X about a vote.

“That is clearly illegal,” said Barbara Petersen, foundation president and chairman of the governor’s Commission on Open Government Reform.

via Do Florida’s Sunshine laws cover texting? — OrlandoSentinel.com.

Local Governments Using Kelo to Condemn Property Despite State Law

You’ll recall that when the new, broader standard for government takings came down in Kelo v. City of New London, states rapidly passed legislation limiting such takings (see a map of how states dealt with Kelo here). More than forty states passed laws excluding the term “economic development” from the reasons government may take a property.

However, property owners are learning the hard way that this exclusion probably was not enough. Most states still allow localities to condemn properties deemed to be “blighted.” Governments are construing this undefined term so broadly that almost any property could be determined to fit the definition.

Fastcase – Accelerated Legal Research: Local Governments Using Kelo to Condemn Property Despite State Law.

City liable for crash caused by police officer

The following excerpts from the April 24, 2009 edition of the Clarion Ledger serve as an example of how law enforcement officer can subject municipalities to civil liability,  the fact that cities and counties enjoy sovereign immunity and thus caps on the amount of damages they must pay when liable, and the benefits of a withhold of adjudication:

A judge has ruled that a then-Jackson police officer showed “reckless disregard” for the safety of others when in 2005 he ran a traffic light in his speeding patrol car and crashed into the vehicle of Desmonde Harris, killing him.

Hinds County Circuit Judge Swan Yerger said Jeffery Middleton was acting in his scope as a JPD officer when the crash occurred, and that, therefore, the city is liable. He awarded the maximum $500,000 that can be assessed against a government entity under the Mississippi Tort Claims Act.

“Officer Middleton knew that anyone crossing traffic at the subject intersection would have little or no opportunity to avoid collision, given his speed, the time of night and that he proceeded against a red light,” Yerger said in his decision this week.

“Since he was acting in the course and scope of his employment during these events, the city of Jackson is liable for all injuries and damages proximately resulting from this accident,” the judge ruled.

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In March 2007, Middleton, then 29, pleaded guilty to culpable negligent vehicular manslaughter in the death of the 23-year-old Harris, but Hinds County Circuit Judge Bobby DeLaughter later dismissed the charge after Middleton completed a probationary period.

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When DeLaughter took Middleton’s plea, he placed him on two years’ probation and withheld adjudication of the case. Withholding adjudication meant that if Middleton stayed out of trouble while on probation, the judge could, in effect, undo his guilty plea.

via City liable in ‘05 fatal crash | clarionledger.com | The Clarion-Ledger.