Denial of Evidentiary Hearing Motion Considering the State's and Sheriff's Assertion That All Records Had Been Provided
In Downs v. State, 740 So. 2d 506, 510 (Fla. 1999), the defendant argued that an evidentiary hearing should have been held based on his allegation that a sheriff's office file was relatively small and the fact that the record custodian testified that he had no personal knowledge as to whether each department within the sheriff's office had complied with the disclosure request. Id.
This Court found that the fact that the records custodian did not know whether all the documents requested were given to him for disclosure, standing alone, did not mean that additional records existed. Id. at 511.
This Court also found that, considering the State's and sheriff's assertion that all records had been provided and the absence of any colorable claim that records existed, the motion for an evidentiary hearing on the issue of public records was properly denied. Id.