2014 GEO requests for inmate transfer from Graceville Correctional Facility

Beryl Lipton filed this request with the Department of Corrections of Florida.
Tracking # 14-668
Est. Completion None
Status
No Responsive Documents

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:

All progress reports submitted to the on-site Department of Corrections representative for the transfer of an inmate from the Facility (Graceville Correctional Facility), as outlined in Section 5.1 of the "Transfer Agreement Among Department of Corrections, Department of Management Services and The GEO Group, Inc." (DC AGREEMENT #A3433), effective 1/13/14 [https://muckrock.s3.amazonaws.com/foia_files/A3433_Transfer_Agreement_-_Graceville_1_1.pdf]. Please include the DC State Classification Office approval/disapproval designation given to each request, as well as all requests for additional information and materials provided in response. Please include, at minimum, all portions of the request included in Section 5.1 "Procedure." If redactions are necessary, please include reasons.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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 would request your response within ten (10) business days.

Sincerely,

Beryl C.D. Lipton

From: Beard, Donna

Dear Mr. Lipton:

The Department of Corrections is in receipt of your public records request below for all records referenced in Section 5.1 of DC AGREEMENT #A3433:

5.1. Procedure. GEO shall request via a written progress report that an inmate be transferred from the Facility. GEO shall submit the progress report to the on-site DC representative, according to DC's established classification procedures. The DC's State Classification Office will either approve or disapprove the recommendation, or request additional information, based upon the facts as outlined in the request. The request shall reflect, at a minimum, the following information:
5.1.1. Inmate's name
5.1.2. Inmate’s number
5.1.3. Complete medical profile
5.1.4. Special review information
5.1.5. Rationale for transfer
5.1.6. Inmate’s adjustment while at the Facility
5.1.7. Custody grade
5.1.8. Programs completed or participated in at the Facility
5.1.9. The primary and secondary transfer destination

Your request has been logged as PRR 14-668 and forwarded to Frances Weeks, the Department’s representative at Graceville Correctional Facility, for review and response.

If records responsive to your request are determined to exist, you may receive a cost estimate (DC1-201) and upon receipt of payment, non-confidential and non-exempt records will be produced or made available for inspection in accordance with Ch. 119 and s. 945.10, Florida Statutes.

Sincerely,
Donna Beard
Department of Corrections
Office of the General Counsel
501 South Calhoun Street
Tallahassee, Florida 32399-2500
(850) 717-3625

Our Vision: "Changing Lives to Ensure a Safer Florida"

From: Beard, Donna

Dear Mr. Lipton:

In response to your request below, please be advised that the Department does not maintain records in the manner in which you have requested. Records are maintained by inmate name and there is no existing mechanism for retrieving the names of inmates who were transferred from Graceville Correctional Facility over the past year. Public records law does not require that an agency create a record in response to a public records request.

The statutory obligation of the custodian of public records is to provide access to, or copies of, public records “at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records” provided that the required fees are paid. Section 119.07(1) (a) and (4), F.S. However, a custodian is not required to give out information from the records of his or her office. AGO 80-57. The Public Records Act does not require a town to produce an employee, such as the financial officer, to answer questions regarding the financial records of the town. AGO 92-38. Cf. In re Report of the Supreme Court Workgroup on Public Records, 825 So. 2d 889, 898 (Fla. 2002) (the custodian of judicial records “is required to provide access to or copies of records but is not required either to provide information from records or to create new records in response to a request”).

In other words, Ch. 119, F.S., provides a right of access to inspect and copy an agency’s existing public records; it does not mandate that an agency create new records in order to accommodate a request for information from the agency. Thus, the clerk of court is not required to provide an inmate with a list of documents from a case file which may be responsive to some forthcoming request. Wootton v. Cook, 590 So. 2d 1039 (Fla. 1st DCA 1991). See also AGO 08-29 (agency not required to create list in response to request for information).

Sincerely,

Donna Beard
Department of Corrections
Office of the General Counsel
501 South Calhoun Street
Tallahassee, Florida 32399-2500
(850) 717-3625

Our Vision: "Changing Lives to Ensure a Safer Florida"

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