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2nd DCASeptember 2, 2026Reversed and Remanded🔬 Novel Issue

The Florida Center for Government Accountability, Inc.; Michael Barfield; Gannett Co., Inc.; The McClatchy Company LLC; and Scripps Media, Inc. v. Christian Ziegler; Bridget Ziegler; Office of the State Attorney, 12th Judicial Circuit; and Sarasota Police Department

Case No. 2024-1806

The Second District reversed a sweeping final judgment that had barred disclosure of law enforcement electronic records and ordered their destruction. The court held that data copied, flagged as relevant, and reviewed by police in a concluded criminal investigation are public records under section 119.011(12); that there is no Fourth Amendment exemption to the Public Records Act and the exclusionary rule cannot be imported into a civil public-records dispute; that the trial court impermissibly granted relief on unpled federal constitutional theories; and that the section 90.504 spousal privilege is an evidence rule that creates no public-records exemption.

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