NCAA. v. ASSOCIATED PRESS

No. 1D09-4385.

18 So.3d 1201 (2009)

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Appellant, v. The ASSOCIATED PRESS; Cape Publications, Inc., d/b/a Florida Today; Collier County Publishing LLC, d/b/a Naples Daily News; First Amendment Foundation; Florida Press Association; Lakeland Ledger Publishing Corporation, d/b/a The Ledger; Media General Operations, Inc., d/b/a WFLA-TV, tbo.com, and The Tampa Tribune; Miami Herald Media Company, d/b/a The Miami Herald; Morris Publishing Group LLC, d/b/a The Florida Times-Union; News-Journal Corporation, d/b/a Daytona Beach News-Journal; NYT Management Services Inc., d/b/a The Gainesville Sun and Sarasota Herald-Tribune; Orlando Sentinel Communications Company, d/b/a Orlando Sentinel; Pensacola News Journal, The News-Press and WTLV, divisions of Multimedia Holdings Corporation; Scripps Howard Broadcasting Company, d/b/a WPTV-TV; Scripps Treasure Coast Publishing LLC, d/b/a Stuart News, Vero Beach Press Journal, and Ft. Pierce Tribune; Sun Sentinel, Inc., d/b/a South Florida Sun-Sentinel; Tampa Bay Television, Inc., d/b/a WFTS-TV; Tallahassee Democrat, a division of Federated Publications, Inc.; WJXX, a division of Gannett River States Publishing Corporation; and WTSP, a division of Pacific and Southern Company, Inc.; Florida State University Board of Trustees, T.K. Wetherell and GrayRobinson, P.A., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied October 12, 2009.


Attorney(s) appearing for the Case

Leonard J. Dietzen, III, and Matthew J. Carson of Rumberger, Kirk & Caldwell, P.A., Tallahassee; Linda J. Salfrank of Spencer, Fane, Britt & Browne, Kansas City, MO, for Appellant.

Gregg D. Thomas, Carol J. LoCicero, Rachel E. Fugate and James J. McGuire of Thomas, LoCicero & Bralow, PL, Tampa, David S. Bralow of Thomas, LoCicero & Bralow, PL, New York, NY, for Appellees The Associated Press, Cape Publications, Inc., Collier County Publishing LLC, First Amendment Foundation, Florida Press Association, Lakeland Ledger Publishing Corporation, Media General Operations, Inc., Miami Herald Media Company, Morris Publishing Group LLC, News-Journal Corporation, NYT Management Services, Inc., Orlando Sentinel Communications Company, Multimedia Holdings Corporation, Scripps Howard Broadcasting Company, Scripps Treasure Coast Publishing LLC, Sun-Sentinel, Inc., Tampa Bay Television, Inc., Federated Publications, Inc., WJXX, Gannett River States Publishing Corporation, and WTSP; Betty J. Steffens, General Counsel, Dayton M. Cramer, Deputy General Counsel and Linda C. Schmidt, Associate General Counsel, Tallahassee, for Florida State University Board of Trustees and T.K. Wetherell in his official capacity as President of Florida State University.

Bill McCollum, Attorney General, Alexis Lambert, Deputy General Counsel, Scott D. Makar, Solicitor General, and Craig D. Feiser, Deputy Solicitor General, Office of the Attorney General, Tallahassee, for Amicus Curiae Attorney General Bill McCollum.


PADOVANO, J.

The National Collegiate Athletic Association appeals a final judgment requiring it to disclose certain documents to The Associated Press and other news organizations joined as plaintiffs in an action under Chapter 119, Florida Statutes. We find no error in the decision by the trial court. Accordingly, we affirm the judgment for the plaintiffs.

Records created and maintained by the NCAA are not generally subject to public disclosure. However, the...

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