Orlando firm sues Collier property appraiser

MicroDecisions Inc., an Orlando-based real-estate information provider, is suing Skinner because it alleges he isn't following the public records laws of the state of Florida. Lawyers for MicroDecisions claim it would be devastating to public records laws if Skinner wins.

The public records law gives the public access to public records produced by municipal, county or state government. This includes e-mails between public officials, memos written by county employees and proposed legislation that is being drafted.

Attorneys for Skinner say the lawsuit has nothing to do with public records laws. They say the case centers upon copyright law, which MicroDecisions is trying to violate.

A copyrighted item can't be reproduced for public consumption unless the person who owns the copyright approves.

MicroDecisions is suing Skinner because he copyrighted the Property Appraiser's Internet Geographic Information System, or GIS.

GIS has pictures of almost every property in Collier County as it would appear from the cockpit of a low-flying plane. These pictures can be viewed from the property appraiser's Web site at http://www.collierappraiser.com.

From the aerial shots, you can roughly measure distances and identify the footprints of buildings within the boundaries of the property. You can also move around on the map, zoom in and zoom out, and identify owners of other properties.

The pictures get blurrier with each zoom closer, and few details are apparent from the air.

MicroDecisions has made a request for disks containing the GIS pictures under the public records law to provide commercial information to its clients.

Skinner claims MicroDecisions can't use the GIS for any commercial purpose unless it gets permission from the Property Appraiser's Office. Citing copyright law, the property appraiser is requiring companies to get a commercial license from the property appraiser that gives them permission to use the GIS maps.

The commercial license costs $2,000. Once that is paid, the county will hand over computer disks containing all the GIS maps and grant permission to use the maps commercially.

Lawyers for MicroDecisions say this is illegal because the Property Appraiser is a public office. They allege anything produced by the office is public record and no limits can be imposed on what can be done with a public record that was created using public tax dollars.

Attorneys representing the property appraiser disagree and say Skinner has the right to copyright something his office produced. They also say the copyright prohibitions don't conflict with the public record law.

Collier Circuit Judge Ted Brousseau issued a summary judgment in favor of Skinner earlier this year in the case. A summary judgment means the case is dismissed "with prejudice" and thereby prevents MicroDecisions from suing again.

Brousseau's order issuing the summary judgment didn't give a reason for his order. He granted a motion filed by lawyers for Skinner that asked for the summary judgment.

Attorney's for Skinner argued the case was moot because MicroDecisions had been given the disks containing the GIS.

Lawyers for MicroDecisions are now appealing Brousseau's decision to the 2nd District Court of Appeal in Tampa. They acknowledge MicroDecisions has been given the GIS disks, but claim the case is not moot because the disks cannot be used for commercial purposes unless the company pays the $2,000 license fee.

Palm Beach and Broward counties have also copyrighted their GIS systems and public records advocates are threatening similar lawsuits in those counties.

Attorney Gaylord Wood, who is representing the Collier County Property Appraiser's Office, said it is unfair to classify this case as an attempt to restrict public access to public records.

"Mr. Skinner is a tremendous believer in open public records," Wood said. "Anyone who wants disks of the GIS can get them."

The only restriction is that the information can't be used for a commercial purpose without permission and MicroDecisions is suing because it doesn't want to pay the money it would take to get a commercial license, Wood said.

Skinner is protecting the people of Collier County because taxpayers paid for the GIS system with their tax dollars, and it is unfair to have a private company benefit from something paid for with taxpayer dollars unless the taxpayers get some money back, Wood said.

Officials with the Property Appraiser's Office were unable to say Friday how much it cost to create the GIS system.

Jon Kaney, general counsel for the Tallahassee-based First Amendment Foundation and lawyer for MicroDecisions, said if Skinner wins the case it will open up a Pandora's box with government officials copyrighting more public records to make it more difficult for the public to access them.

"If this prevails, the public right to public records will be dead and buried," Kaney said. "The issue in this case is whether public records can be withheld from the public because of copyright. We view copyright as a dagger in the heart to public records law."

Kaney is seconded by attorney Robert Dees, who filed a brief supporting MicroDecisions on behalf of the First Amendment Foundation and the Florida Society of Newspaper Editors.

"Under the law (Skinner) is not even entitled to ask someone who has requested the records what they'll be used for," said Dees. "He is the custodian of the public record. Not the owner of them."

There is no provision in Florida law that prohibits using public records for commercial purposes and previous Florida Supreme Court rulings have affirmed that fact, Dees said.

The First Amendment Foundation is a private non-profit organization that works in support of free press and free speech issues. The group is supported by donations from Florida newspapers, including the Daily News.

Naples Daily News Editor Phil Lewis is a member of the Florida Society of Newspaper Editors.

Before Brousseau made a decision in the case, the issue bounced from Collier County Court to U.S. Federal Court in Fort Myers, then back to Collier County Court.

The bouncing occurred because the lawyers disagreed on what type of case it was. MicroDecisions sued in Collier County Court because it viewed the case as a public records dispute and public records law is passed by the Florida Legislature with court jurisdiction residing at the local level.

Skinner fought to get the case sent to federal court because he viewed the case as a copyright dispute and copyright law is passed by the U.S. Congress with jurisdiction residing in the federal court system.

When the case got to federal court, attorneys for MicroDecisions successfully fought to get it sent back to Collier County Court.

Despite losing in Brousseau's courtroom, Kaney is optimistic the case will eventually be won. A date has not yet been set for the appeal to be heard.

"It will take quite a while to process this case and the situations in Palm Beach and Broward," Kaney said.

Earlier this year, Attorney General Charlie Crist was asked by Palm Beach officials if the county could legally obtain copyright protection and require license agreements for its GIS maps. Crist responded to the question by issuing an advisory opinion that said any restriction on the maps would violate the Florida Public Records Law.

"It is clear that maps and related data produced by Palm Beach County for purposes of county business are public records," Crist said in his opinion. "I am not aware of, nor have you brought to my attention, any statute that would generally allow counties or county agencies to secure copyrights for or license material produced by the county for official purposes.