Judge Rules Brevard School Board Member Unreasonably Delayed Release of Public Records
BREVARD COUNTY, Fla. — A judge has ruled that Brevard County School Board member Matthew Susin unreasonably delayed the production of public records — specifically, call logs from his personal cell phone — in a decision issued in the case of Jenkins v. Brevard County School Board and Matthew Susin (Case No. 05-2023-CA-018437). The ruling comes nearly three years after the litigation began.
Origins of the Lawsuit
The case stems from public records requests made in 2022 and 2023 by an individual identified as Jenkins. The requests sought Susin’s personal phone logs and text messages. Jenkins alleged that Susin conducted official school board business on his private device, including communications related to a controversial rumor about a transgender student that was spread by then-state Representative Randy Fine. Susin maintained the records did not exist and that his phone was used for personal purposes only.
What the Judge Found
After nearly three years of litigation — marked by depositions, disputes over document production, and allegations of withheld records — the court issued its ruling on February 10, 2026, finding that Susin’s delay in producing the call logs was unreasonable. The judge’s decision represents a significant outcome for Jenkins in what has been a protracted legal fight over government transparency and accountability.
Significance
The ruling underscores Florida’s broad public records law, which extends to records of government business conducted on personal devices. Officials conducting public business on private phones are not necessarily shielded from records requests under Florida law. The case is expected to continue as the parties address any remedies or further proceedings ordered by the court.