FDLE training materials re: protests and excited delirium

CJ Ciaramella filed this request with the Department of Law Enforcement of Florida.
Tracking #

PRR-2022-421

Est. Completion None
Status
Payment Required

Communications

From: CJ Ciaramella

To Whom It May Concern:

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

- any training or instructional materials, presentations or slideshows concerning protests and crowd-control
- any training or instructional materials, presentations or slideshows concerning "excited delirium"

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,

CJ Ciaramella

From: Department of Law Enforcement

Thank you for contacting the Florida Department of Law Enforcement Office of General Counsel. This message is being provided as confirmation your message was received. You should receive a response to your inquiry as soon as possible.

If you need criminal history records, please visit our website, http://www.fdle.state.fl.us/Criminal-History-Records/Obtaining-Criminal-History-Information.aspx , and/or contact our Criminal History Services at BackgroundChecks@fdle.state.fl.us, or (850) 410-8161.

Public records requests are processed in the order that they are received. Processing time may be lengthened due to the nature and extent of the request. Searches may be negative and FDLE may not have records responsive to your public records request. You may also receive an invoice for your request depending on the nature and extent of your public records request. Please feel free to contact us at (850) 410-7676, or publicrecords@fdle.state.fl.us, if you have additional specific information relating to the records you are requesting, as this may help expedite your request and/or reduce costs that may be associated with the request.

Additional information regarding how to obtain public records including what costs may be applicable is contained from the hyperlink below. We are committed to our fundamental values of Service, Integrity, Respect, and Quality.

For Additional Information click http://www.fdle.state.fl.us/OGC/Public-Records.aspx<https://www.fdle.state.fl.us/OGC/Public-Records.aspx>

From: Department of Law Enforcement

Dear Mr. Ciaramella:

RE: Good-Faith Deposit Invoice: $204.27 - FDLE Docket No. PRR-2022-421
Request for any training or instructional materials, presentations, or slideshows concerning protests and crowd-control, and "excited delirium".

Please regard this as a good-faith deposit invoice for $204.27 for research, retrieval & review of your public records request. Based on the information you provided in your request, this will require extensive use of information technology resources, extensive clerical and/or extensive supervisory assistance. Costs are assessed pursuant to ss. 119.07(4)(a) and 119.07(4)(d), Florida Statutes (http://www.leg.state.fl.us/Statutes). This may not be the final amount due, but the best estimate of initial costs available at this time.

Labor Costs Already Expended Processing Request

Salary Rate

Position Title

Hours Expended

Labor Total

$43.33

CJPP CHIEF

0.50

$21.67 Waived

$19.14

OGC GOC II

0.50

$9.57

TOTAL BALANCE DUE FOR COSTS ALREADY INCURRED

$9.57

Estimated Initial Labor Costs for Request

Salary Rate

Position Title

Est. Hours

Est. Labor Total

$17.70

OGC GOC I

11.00

$194.70

Estimated Duplication & Postage Costs for Request

N/A

$0.00

TOTAL GOOD-FAITH DEPOSIT DUE

$204.27

A "policy of requiring an advance deposit seems prudent given the legislature's determination that taxpayers should not shoulder the entire expense of responding to an extensive request for public records." "[T]he reasonableness of a policy and its application - based on the facts in a particular case - guides whether an abuse of discretion is shown." Morris Publishing Group, LLC v. State, 154 So.3d 528, 534 (Fla. 1st DCA 2015).

After our office receives your good-faith deposit payment your public records request will return to the queue of records requests for processing. You may receive additional deposit invoices once the balance of the original deposit payment has been expended.

If you are no longer interested in receiving these records, please reply back to this email letting us know. Your request will be closed August 25, 2022 if we do not receive the balance due. You will not owe any money if you choose not to pay the deposit invoice and your request will be closed without further action.

Please remit a check or money order (we cannot accept credit or debit cards), in the amount of $204.27, with your docket number PRR-2022-421, to:

Florida Department of Law Enforcement
Office of the General Counsel
Attn: PRR-2022-421
P.O. Box 1489
Tallahassee, FL 32302

If you have questions concerning your request, please contact us at (850) 410-7676 or publicrecords@fdle.state.fl.us<mailto:publicrecords@fdle.state.fl.us>

An agency may refuse to produce additional records if the fees for a previous request for records have not been paid by the requestor. See Lozman v. City of Riviera Beach, 995 so. 2d 1027(Fla. 4th DCA 2008) (s. 119.07[4], F.S., "does not require the City to do any more than what it did in this case," i.e., require Lozman to pay the bill for the first group of records he requested before the city would make any further documents available). Cf. AGO 05-28 (custodian authorized to bill the requestor for any shortfall between the deposit and the actual cost of copying the public records when the copies have been made and the requesting party subsequently advises the city that the records are not needed). Please visit the Sunshine Manual, http://myfloridalegal.com/webfiles.nsf/WF/MNOS-B9QQ79/$file/SunshineManual.pdf.

Sincerely,

Office of General Counsel
Florida Department of Law Enforcement

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