MICRODECISIONS, INC., Appellant,
v.
Abe SKINNER, as Collier County Property Appraiser, Appellee.
District Court of Appeal of Florida, Second District.https://leagle.com/images/logo.png
December 1, 2004.
Rehearing Denied January 10, 2005.
Attorney(s) appearing for the Case
Jonathan D. Kaney, Jr., Jonathan D. Kaney, III, and Heather Bond Vargas of Cobb & Cole, Daytona Beach, for Appellant.
Gaylord A. Wood and J. Christopher Woolsey of Wood & Stuart, P.A., Fort Lauderdale, for Appellee.
Andrew L. Deutsch of Piper Rudnick LLP, New York, New York; and Lonnie L. Simpson and Christian C. Burden of Piper Rudnick LLP, Tampa, for Amici Curiae Real Estate Information Professionals Association; National Public Records Research Association; First American Real Estate Solutions L.P.; Data Tree, LLC; and Data Trace, LLC.
Robert M. Dees of Milam & Howard, P.A., Jacksonville, for Amici Curiae First Amendment Foundation and the Florida Society of Newspaper Editors.
Lawrence P. Zolot, Hollywood; and Paul Bender, Christopher A. Mohr, and Michael R. Klipper of Meyer & Klipper, PLLC, Washington, D.C., for Amici Curiae LexisNexis; West; National Background Data, L.L.C.; The National Association of Professional Background Screeners; The Center for Information Policy Leadership; OpenOnline, L.L.C.; Public Record Retrieval Network; Choice Point, Inc.; Seisint, Inc.; and the Software & Information Industry Association.
District Court of Appeal of Florida, Second District.
NORTHCUTT, Judge.
The issue before us is whether a county property appraiser may require prospective commercial users of the records created in his office to first enter into a licensing agreement. We conclude that he may not. For this reason, we reverse the summary judgment in favor of Abe Skinner, the Collier County Property Appraiser, and remand with directions to enter judgment for Microdecisions, Inc.
The facts in this case are uncontested. Microdecisions...
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