Fusion Center MOUs, MOAs and NDAs (Central Florida Intelligence Exchange)

Emma North-Best filed this request with the Central Florida Intelligence Exchange of Florida.
Tracking #

PRR-2020-2555
Multi Request Fusion Center MOUs, MOAs and NDAs
Submitted Sept. 21, 2020
Est. Completion None
Status
Payment Required

Communications

From: Emma North-Best

Subject: Florida Sunshine Law Request: Fusion Center MOUs, MOAs and NDAs (Central Florida Intelligence Exchange)

Fax


To Whom It May Concern:

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

Copies of Memorandums of Understanding (MOUs), Memorandums of Agreement (MOAs), Non-Disclosure Agreements (NDAs) and other coordination, cooperation, or other resource or information sharing arrangements with federal, state or local agencies, specifically including but not limited to law enforcement agencies.

You may limit the scope of this request to documents generated between January 1, 2012 and the date of the processing of this request. If the most recent agreements (whether active or inactive) predate January 1, 2012, then I request a copy of the most recently applicable document.

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: Central Florida Intelligence Exchange

Subject: RE: Florida Sunshine Law Request: Fusion Center MOUs, MOAs and NDAs (Central Florida Intelligence Exchange) - Public Records Request Response, FDLE Docket No. PRR-2020-2555

Email

Dear Ms. Best:

RE: Public Records Request Response, FDLE Docket No. PRR-2020-2555
Request for copies of Memorandums of Understanding (MOUs), Memorandums of Agreement (MOAs), Non-Disclosure Agreements (NDAs) and other coordination, , cooperation, or other resource or information sharing arrangements with federal, state or local agencies, specifically including but not limited to law enforcement agencies from January 1, 2012 to present.
Good-faith Deposit Invoice, $1,095.24

Please regard this as a good-faith deposit invoice for $1,095.24 for your public records request based on the information you provided in your request.

The required good-faith deposit payment is to continue processing your public records request because your request requires 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). An itemized deposit estimate is attached. This may not be the final amount due, but the best estimate of initial costs available at this time.

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.

Your request will be closed May 8, 2021 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 $1,095.24, with our docket number PRR-2020-2555, to:

Florida Department of Law Enforcement
Office of the General Counsel
Attn: PRR-2020-2555
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
Post Office Box 1489
Tallahassee, FL 32302-1489

Attachment

CONFIDENTIALITY NOTICE - The information contained in this e-mail transmission from the Florida Department of Law Enforcement is PRIVILEGED and CONFIDENTIAL. It is intended for the sole use of the person (s) or entity named. If you are not the intended recipient of this transmission, the dissemination, distribution, copying, or other use of this information may constitute a violation of ยง119, F. S. and is strictly prohibited. If you have received this email in error, please contact the sender immediately.

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