PUBLIC RECORDS….HOW MUCH LONGER? 

All across Florida, collateral recovery specialists and private investigators are finding it ever more difficult to access public records, especially public utilities records.  The usual initial response is, “we don’t give out information on our customers”.  There are times where the collateral recovery specialist or the private investigator has to resort to hiring an attorney to force compliance with Florida’s public records law. 

Steve Mesimer, of Express Track Data decided to do something about this situation, and I believe we owe Mr. Mesimer a debt of gratitude for the action he has taken, at his own expense to assist us in accessing this invaluable information.

This “saga” began when Steve submitted a written, standard public records request to the city of Orange Park for their records, including Social Security numbers.  Initially, he received no response.   Subsequently, Steve contacted the attorney who represents Orange Park.  This attorney stated he would not authorize such release and if they didn’t like his answer, “sue us”.  In a subsequent conversation, Orange Park’s attorney advised that he had written to the Florida Attorney General’s office and received an opinion stating these public records were not to be released.  Steve and his attorney, Bob Dees obtained a copy of that opinion and learned that it was issued based upon false information given to them by the attorney representing a Orange Park.  The false information given stated that Express Track “operates a website whereby the general public, for a fee, can purchase access to a database that contains the utility records, property records and business license data of cities and counties”.

When Steve’s attorney contacted the Attorney General’s office to correct this false information, the assistant Attorney General who wrote the opinion, Joycelin Wilson, refused to make the correction.  Knowing that, if such an opinion were allowed to stand, it would be extremely harmful and devastating to 493 licensees, Express Track, through their attorney, Bob Dees, filed suit against the city of Orange Park in the Clay County Circuit Court, and won.  The Clay County Circuit Court ruled that the Florida Legislature recognized that, “responsible commercial use of Social Security numbers warranted an “exception to the exemption” to the law.

As a result, Orange Park lost and was forced to turn over the records.  The Clay County Circuit Court ruled that the Florida Legislature recognized that “responsible commercial use” of Social Security numbers warranted an “exception to the exemption” to the law.  In addition, the Attorney General’s office rewrote their opinion in favor of Express Track.

Recently, Fort Walton Beach officials, although reluctant to do so, voted not to challenge Express Track Data’s request for this information.  After questioning City Attorney, Toni Craig Teal and City Manager Joyce Shanahan, council members relented, citing the corrected opinion from the Attorney General.

According to state statute, public agencies cannot deny a business access to Social Security numbers if the numbers are used “in the normal course of business for legitimate business purposes”.  This was confirmed by the Attorney General in their corrected opinion.

In another case, Okaloosa County turned over it’s list after spending months researching the issue.  “we consulted everybody under the sun and found out we had no choice”, said Okaloosa County Manager, Sandee Launch.

Irregardless of the opinion of the Attorney General, Steve states “it continues to be a constant fight for these records” from many other cities and municipalities in Florida.  And, he says if you are going to make public records requests “be prepared to fight because some of these people will stonewall at every opportunity”. 

Express Track Data provides data to licensed private investigative and collateral recovery specialists, licensed attorneys and law enforcement agencies.  Bob Dees, the company’s attorney said potential clients, who must show a legitimate use for the service must fill out applications with information that Express Track verifies.

Through his experiences, Steve has developed specific criteria and forms to expedite access to public records information.  He has agreed to provide us with this very important information which will be included in the next FLACARS Newsletter.

In my interview with Steve he stated that, “without the assistance of Bob Dees I have found that the Sunshine Laws do not work”.  Steve was kind enough to supply me with contact information for his attorney, as follows:

Robert M. Dees, Esq.(Milam, Howard, Nicandri, Dees & Gillam, P.A.)
50 N. Laura Street, Suite 2900 Jacksonville, Fl 32202
Direct: (904) 421-4751 Phone: (904) 357-3660  Fax:     (904) 357-3661
Email: Rdees@mialmhoward.com

You may contact Steve Mesimer at 1-800-773-8450.

Portions of this article reprinted with permission of the Northwest Florida Daily News

Joe Taylor
Recovery Industry PIRSAC Representative