Sarasota attorney involved in Scott Sunshine suit

Sarasota attorney Andrea Mogensen.

SARASOTA - A Sarasota attorney known for her litigation of area open government cases will take the lead in a lawsuit filed Tuesday against Gov. Rick Scott and the Florida Cabinet.

Andrea Mogensen represents the nonprofit Citizens for Sunshine in the lawsuit filed Tuesday, which claims that Scott violated the state's Sunshine Law in communicating with Cabinet members about a controversial change in leadership at the Florida Department of Law Enforcement.

Also joining the suit were the Associated Press, the Florida Society of Newspaper Editors and St. Petersburg attorney Matthew Weidner, who has called for an investigation of the replacement of FDLE Commissioner Gerald Bailey.

Disagreements over how Bailey left his position in December have grown to involve other members of the state Cabinet and attracted statewide media attention. The case, filed in the 2nd Judicial Circuit Court in Leon County, seeks a ruling that the Florida Cabinet is subject to the Sunshine Law and a prohibition on polling members about appointments and communicating decisions to them before meetings.

Mogensen often represents Citizens for Sunshine, which has advocated for open government across the state. Most often the group files cases in and around Sarasota and Manatee counties. Citizens for Sunshine became a plaintiff in the case because it involved citizen access to government decision-making.

That's the purpose of the group government transparency, Mogensen said. The group hoped the case would expose to the public a pervasive evasion of the Sunshine Law in the state's executive branch, she said.

Bailey resigned in December and has publicly contradicted Scott's version of events. Scott and other members of the Cabinet unanimously confirmed his replacement, Rick Swearingen, in January. Since then, Scott and Cabinet members have been criticized over the details of Bailey's ouster.

Scott said that the commissioner resigned, only to have Bailey contradict him in statements to the Miami Herald/Tampa Bay Times Tallahassee bureau, saying I did not voluntarily do anything.

Since then, Chief Financial Officer Jeff Atwater and Agriculture Commissioner Adam Putnam have voiced displeasure with how the matter was handled. Attorney General Pam Bondi said she thought Scott's staff may have acted without the governor's knowledge.

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Sarasota attorney involved in Scott Sunshine suit