PEMBROKE PINES, Fla. — A federal judge ruled that the city of Pembroke Pines’ attempt to obtain police officers’ private text messages through a public records request was “invalid and unenforceable” under Florida law.
The finding came in a March 30 order tied to a lawsuit filed by the Florida State Lodge Fraternal Order of Police and Sgt. Joel Cuarezma, who challenged an internal affairs demand for messages sent on personal cellphones, according to Local 10 News.
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While the court denied the officers’ request for a temporary restraining order and preliminary injunction, it determined the underlying records request itself did not meet legal standards.
According to the court’s order, the request for the text messages was made by an internal affairs investigator acting on behalf of the police department and city.
Because Florida law allows public records requests from a “person” — not a government agency or its employees acting in an official capacity — the judge found the request was invalid and unenforceable.
The court also found that because the request was invalid, the officers could not face criminal penalties for refusing to comply.
Court filings show the dispute stems from a June 2025 incident involving staffing for a bicycle patrol training.
According to a declaration from Capt. Adam Feiner, Sgt. Cuarezma had been directed to seek volunteers to cover shifts while an officer attended training, then later discussed the issue with Detective Scott Kushi via phone and text.
After the exchange, Cuarezma was asked by supervisors to provide screenshots of those communications. He declined, according to the declaration.
An internal affairs investigator later issued a formal request for the messages under Florida’s public records law.
In its response filed in federal court, the city of Pembroke Pines argued the request was lawful and narrowly focused.
The city stated it did not seek access to Cuarezma’s entire phone or personal data, but only “specific text messages and email communications” related to the staffing issue.
City attorneys also argued the messages constituted public records because they were created in the course of official duties and involved department operations.
Despite finding the records request invalid, the court denied the officers’ request for emergency relief, ruling they did not demonstrate irreparable harm — a requirement for a temporary restraining order or injunction.
The court also found no Fourth Amendment violation, noting there was no forced search or seizure of the officers’ phones, according to the ruling.
In a statement, Broward County Fraternal Order of Police District Director Andrew LaFramboise said the decision reinforces that officers retain constitutional and contractual protections.
“Police officers do not give up their constitutional rights, their privacy, or their union protections when they put on a badge,” LaFramboise said in a press release provided to Police1.
The union is calling on the city to withdraw internal affairs investigations tied to the request.
The lawsuit remains ongoing in federal court, where broader questions about public records law, internal investigations and officer communications are expected to continue to be litigated.
