Court: EDC Has 30 Days To Produce Records

April 07, 2014

Court: EDC Has 30 Days To Produce Records

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Brevard Clerk of Court Scott Ellis

TITUSVILLE, Florida -- Brevard County Circuit Court Judge John 'Dean' Moxley, Jr. issued an order on April 3, 2014 that the Economic Development Commission of Florida's Space Coast (EDC) "... shall produce all records requested by Scott Ellis, in his official capacity as Brevard County Clerk of the Circuit Court, within thirty days of the date of this order..."

Judge Moxley, Jr. also ordered that if the EDC believes certain records are not subject to inspection, that the EDC "... provide a privilege or exemption log specifying the record and the basis for non-disclosure...." within 30 days.

EDC CEO Lynda Weatherman

The order comes after Judge Moxley, Jr. made a finding that the Economic Development Commission of Florida's Space Coast (EDC) is subject to the Florida Sunshine public records law.

The EDC also has 30 days from the date of the order to file an appeal.

BACKGROUND:

BlueWare is the company caught up in a public corruption criminal case brought by the Florida Department of Law Enforcement and State Attorney Phil Archer against former Clerk of Court, Mitch Needelman, his former business partner Matt Dupree, and BlueWare CEO Rose Harr.

The EDC helped BlueWare and some of its affiliated companies to qualify for various government programs and other "workforce incentives" that could have totaled nearly $2 million in taxpayer money. None of those incentives were ultimately awarded to BlueWare because it did not meet its performance benchmarks.

After the Clerk's office learned from a Brevard Times investigative article published on August 26, 2013 that State of Florida Department of Economic Opportunity officials said the BlueWare's confidentiality had lapsed and Governor Rick Scott's Office stated to Brevard Times that the BlueWare incentive contract was canceled on April 5, 2013, the Clerk sent his auditors to the EDC in Rockledge the next day to request a copy of the EDC file on BlueWare. When the EDC refused to comply with the public records request, Ellis then filed this lawsuit.

Brevard Times was the only news source to continue a series of in-depth investigative articles led by Charles Parker into this and related stories:

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