Sarasota News Leader

06/13/2014

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On May 19, Mogensen and Schultz filed a pub- lic records request for documents regarding the "stingray" efforts under Florida's so-called Sunshine Law. Eight days later, federal agents swooped into the city and physically removed the records to federal custody. The Thursday hearing before Circuit Judge Charles Williams was held to determine who had jurisdiction in the case. Assistant U.S. Attorney Sean Flynn represented the U.S. Justice Department's interests. "Does the Sunshine Law apply to agents of the federal government?" asked Williams. "And why would this court have jurisdiction?" STATE OR FEDERAL? "I suggest this court does not have jurisdic- tion," Flynn said in his opening remarks. "The United States and its officers have sovereign immunity. Florida's Sunshine Laws have been preempted by federal statute." The attorney for the City of Sarasota, Tom Schultz, told the court, "If these are records of the Florida judicial system, they are [governed by] the Rules of Judicial Administration that were thoroughly revised in 2013. There would be no jurisdiction under [Florida Statute] 119 Cellphone monitoring is at the center of American Civil Liberties Union legal action in Sarasota. Photo by Alvimann via MorgueFile Sarasota News Leader June 13, 2014 Page 18

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