High Tech Crime Consortium ListServ (Davie Police Department)

Emma North-Best filed this request with the Davie Police Department of Davie, FL.
Multi Request High Tech Crime Consortium ListServ
Est. Completion None
Status
Fix Required
Tags

Communications

From: Emma North-Best


To Whom It May Concern:

Pursuant to the Florida Sunshine Law, I hereby request the following records:

Copies of emails sent to, from, or through the High Tech Crime Consortium ListServ. The emails may be identified by having one or more of the following:

* A sender with a display name of either "High Tech Crime Consortium Listserv" or "High Tech Crime Consortium"
* A subject containing either "HTCC" or "[HTCC]"
* Sent to or from an email address containing "htcc" or hightechcrimecops.org

You may limit this request to records generated between April 1, 1998 and the date of the processing of this request.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and the journalist non-profit MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

Emma Best

From: Davie Police Department

I will be out of the office between Thursday 2/06/20 until Tuesday 02/18/20 at 08:30 am. If immediate assistance is needed, please contact the Records Division at (954) 693-8220.

From: Emma North-Best

You'll be out from February 6th, 2020 through February 18th, 2020? It's September.

From: Davie Police Department

Your original request was forward to the Davie Town Clerk.
To check on the status of your request, please contact (954) 693-1000. Thanks
Denise
[cid:image001.jpg@01D68AA6.632D84A0]

Denise Stockdale
Records Supervisor
Davie Police Records Division
Main: 954.693.8315
Records: 954.693.8220
E-mail: Denise_Stockdale@Davie-FL.gov<mailto:Denise_Stockdale@Davie-FL.gov>

Please note: Florida has a very broad public records law. Most written communication to or from government employees regarding government business are public record and are available to the public and media upon request. Your e-mail communications may, therefore, be subject to public disclosure.

CONFIDENTIALITY NOTICE: This e-mail communication and any attachments may contain confidential and privileged information for the sole use of the designated recipient(s) named above. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient(s), please contact the sender by reply e-mail and destroy all copies of the original message.

From: Davie Police Department

Good morning,

Please be advised that the Police Department has forwarded your request to process. Using your criteria below the request yielded over 1,000 emails. I will need time to review these emails for applicability and exemptions that fall under Florida Statute Chapter 119. Your request will be processed accordingly and in the order to which it was received. We will advise you if there are any associated costs, and/or if a deposit is necessary.

Thank you,

Gillian Brewster, CMC
Assistant Town Clerk
Town of Davie
6591 Orange Drive
Davie FL 33314

Telephone: (954) 797-1018
Fax: (954)797-1087

The Town of Davie is a public agency. This law provides that any records made or received by any public agency in the course of its official business are available for inspection, unless specifically exempted by the Legislature (Chapter 119 of the Florida Statutes).

Due to medical privacy laws and other exemptions, State and Federal laws prohibit us from providing medical records through email. To ensure compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Standards for Privacy of Individually Identifiable Health Information (45 CFR Part 160 and 164), DO NOT submit sensitive information through an email. Please send us a fax at 954-797-1087 or contact our office at 954-797-1023.

From: Davie Police Department

Good afternoon,

We have completed compiling all correspondence pertaining to your requests. The search has generated over 1,000 emails. Chapter 119 of the Florida Statutes governs public records. While you are entitled to these records, the Town of Davie is entitled to require a deposit. 1 Florida Statute § 119.07(4)(d) allows for public agencies to charge a special service charge when the records requested require extensive resources. Extensive resources is defined as time consumption over fifteen minutes. The Town of Davie has a thirty minute threshold. When a public records request will take more than thirty minutes, the Town of Davie enacts the special service charge allowed under F.S. § 119.07(4)(d).

It will take us over 8 hours, at a minimum to review these emails for compliance, applicability, and exemptions by law. At this time, we will require a deposit before we initiate review of these emails. The deposit will be for 40% of the work. The cost will be the assistant town clerk's rate at $57.09 an hour. 2 The total cost for your public records request is approximately $456.72. Therefore, the deposit which constitutes 40% of the total cost of your request which is $182.68, which can be paid in cash, check, cashier's check or money order payable to the Town of Davie. 3 You can mail your payment to us at 6591 Orange Drive Davie, FL 33314, attention to the Town Clerk's Office. You may also come in person if you wish to pay in cash.

Please confirm if you accept to pay this amount for the duplication and review of your records request. Once I receive confirmation I will email you an invoice. Please be advised that we will not process your request until the deposit is received. This estimate also does not include any potential costs of physical copies of documents. Please let us know how you wish to proceed.

If you have any questions please feel free to contact me.

Gillian Brewster, CMC
Assistant Town Clerk
Town of Davie
6591 Orange Drive
Davie FL 33314

Telephone: (954) 797-1018
Fax: (954)797-1087

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1 Morris Pub. Group, LLC. v. State, 154 So.3d 528 (Fla. 1st DCA 2015) (Policy of requiring a 50% deposit of estimated costs is reasonable).
2 Board of County Com'rs of Highlands County v. Colby, 976 So.2d 31 (Fla. 2nd DCA 2008) (Florida Statute authorizing the special service charge is based upon salary and benefits).
3 Lozman v. City of Riviera beach, 995 So.2d 1027 (Fla. 4th DCA 2008) (City can require payment before production).

From: Davie Police Department

Good morning,

I am following up on my email below as I have no received a response from you. Please advise if you wish to continued with this public records request. If I do not hear from you by Friday October 15, 2020, I will close out the request and if you are interested in proceeding you will need to resubmit in the future.

Thank you,

Gillian Brewster, CMC
Assistant Town Clerk
Town of Davie
6591 Orange Drive
Davie FL 33314

Telephone: (954) 797-1018
Fax: (954)797-1087

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