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Paper wins look at Weeki Wachee data

A judge's ruling gives Weeki Wachee up to 90 days from Feb. 14 to produce the material requested by the Times.

By MARY SPICUZZA
Published February 18, 2005

BROOKSVILLE - The city of Weeki Wachee and Weeki Wachee Springs must hand over numerous financial documents to Times Publishing Co., 5th Judicial Circuit Judge Richard Tombrink ordered this week.

Tombrink's ruling on Monday came after a more than yearlong court case, which began in September 2003.

"We're obviously very pleased with the ruling," said Thomas Reynolds, an attorney who represents th e Times .

"It will have some important ramifications for the ability of the general public to access public records."

Weeki Wachee, the tiny city that owns the roadside attraction famous for its mermaid shows, and Weeki Wachee Springs, as well as several of the attraction's previous shareholders, have no more than 30 days to produce information Times reporters have requested, the ruling said.

That information includes correspondence related to the city's efforts to condemn the Florida Water Services utility that was purchased by Hernando County, invoices for legal services furnished to the city for the past three calendar years, budgets and financial statements for the past three calendar years, and total expenses and revenues for the 2001-02 budget year.

Weeki Wachee attorney Joe Mason and former mermaid-turned-mayor Robyn Anderson have repeatedly said that many financial documents from before August 2003, when the theme park's former owners donated it to the city, are not in their possession.

Because the Times lawsuit was filed against the city of Weeki Wachee, Weeki Wachee Springs LLC, WW Management Corporation Inc., and WWS Management Corporation Inc., the various entities are required to produce documents in the case.

For the items the parties say they don't have, the highest-ranking person for each entity must specifically say so "in writing under oath for each and every item otherwise required to be produced by this order and explain such circumstances in complete detail," the ruling states.

Tombrink's order gave Weeki Wachee up to 90 days following the Feb. 14 ruling to produce the other remaining items requested by the Times.

Those items that cannot be produced must be explained by a "detailed and itemized affidavit indicating what efforts had been undertaken to obtain such documents," the ruling said.

Tombrink made it clear in his ruling that he hoped for a rapid conclusion to the case, which it noted has involved "voluminous pleadings and lengthy memoranda and multiple citations of authority from both sides."

The ruling added that the court specifically reserves jurisdiction for any unresolved or uncompleted matters.

Mason said Weeki Wachee will review the order and decide whether it plans to appeal it.

"Everything that th e Times asked for, we produced," Mason said. "I'm kind of at a loss as to why we are being asked to produce them again."

However, Reynolds an d Times attorney Penelope Bryan have called this an important public records case.

Mary

[Last modified February 18, 2005, 00:14:17]