|Submitted||Feb. 6, 2015|
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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 Form DC1-303 forms submitted from January 1, 2010 through December 31, 2014, as indicated by the procedures for submitting an inmate grievance (https://www.flrules.org/gateway/RuleNo.asp?title=INMATE%20GRIEVANCE%20PROCEDURE&ID=33-103.005):
"Inmates may proceed directly to the Office of the Secretary on the following issues as governed by subsection 33-103.007(6), F.A.C.: grievance of emergency nature, grievance of reprisal, protective management, admissible reading material, sentence structure issues (release date calculations), and inmate banking issues. Grievances alleging a violation of the Health Insurance Portability and Accountability Act (HIPAA) must be filed directly with the Office of the Secretary using the Request for Administrative Appeal, Form DC1-303, Request for Administrative Remedy or Appeal. Form DC1-303 is incorporated by reference in Rule 33-103.006, F.A.C."
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.
Beryl C.D. Lipton
Dear Ms. Lipton:
The Department of Corrections is in receipt of your public records request below for all Form DC1-303 forms submitted from January 1, 2010 through December 31, 2014, as indicated by the procedures for submitting an inmate grievance.
Please be advised that the Department does not maintain the records in the manner you have requested them. DC1-303 forms are maintained in the classification files of inmates. Further, there is no log that identifies such grievances (those submitted directly to the Office of the Secretary, as referenced in 33-103.007, FAC) as “direct”.
Department of Corrections
Office of the General Counsel
501 South Calhoun Street
Tallahassee, Florida 32399-2500
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