Police Records Request
| Submitted | Feb. 24, 2021 |
| Est. Completion | June 1, 2021 |
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Communications
From: Hayden Hodges
To Whom It May Concern:
Pursuant to the Florida Public Records Act, I hereby request the following records:
I request all police reports, warrant affidavits, supplemental reports, and incident reports regarding the below-listed incident.
Incident Details:
Incident Date: 09/21/2020 to 01/06/2021
Suspect Name: Samantha Wiener
Charge: Second Degree Murder and Solicitation to Commit Robbery
There are numerous news articles about this incident. I have included some for reference below.
News Article Links:
1 -- https://www.news4jax.com/news/local/2021/01/06/18-year-old-woman-charged-in-september-murder-at-jacksonville-beach-home/
2 -- https://www.jacksonville.com/story/news/crime/2021/01/06/ex-girlfriends-plot-leads-to-murder-arrest-in-jacksonville-beach-home-invasion/6562928002/
3 -- https://www.wokv.com/news/local/18-year-old-arrested-murder-after-organizing-robbery-ex-boyfriends-home/KPJMQL3B2NG2HDMXFJ5TZDU4JM/
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
Please acknowledge receipt of this request upon your receipt of it.
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 a reasonable amount of time, as defined by law.
Sincerely,
Mr. Hayden Hodges
From:
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From:
Hello Mr. Hodges.
As I am going through the request log, I noticed that there was another public records request from you regarding the above individual. My question is...did you ever get a response back from anyone in records ie Ms. Franklin in regards to the status of your request and/or a followup?
Thank you,
Triwan Thomas
Records Supervisor
Jacksonville Beach Police Department
101 Penman Road South
Jacksonville Beach, FL 32250
904-270-1667 Main
904-270-1660 Direct
904-247-6178 Fax
tthomas@jaxbchfl.net<mailto:tthomas@jaxbchfl.net>
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The information contained in this e-mail transmission from the Jacksonville Beach Police Department 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 ?119, F. S. and is strictly prohibited. If you have received this email in error, please contact the sender immediately.
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From: Hayden Hodges
Good Morning,
I withdrew the previous request. I have received your response to this request. I am going to close it for now. I will follow up on a monthly basis to see when the case has been closed.
Thank you for your help.
Sincerely,
Mr. Hayden Hodges
From: Hayden Hodges
Good Morning,
I am writing to check if this case is still active. As a reminder, just because the court case is active, does not mean the investigation is active.
Please let me know.
Thank you.
Respectfully,
Mr. Hayden Hodges
From: Jacksonville Beach Police Department
Hello Mr. Hodges.
Yes, the case is now closed. The report is 2 pages and the arrest docket is 3 pages. Please submit payment of $0.75 and a self-addressed stamped envelope to:
Jacksonville Beach Police Dept.
Atten: Records
101 Penman Rd. S
Jacksonville Beach, FL 32250
Thank you,
Triwan Thomas
Records Supervisor
Jacksonville Beach Police Department
101 Penman Road South
Jacksonville Beach, FL 32250
904-270-1667 Main
904-270-1660 Direct
904-247-6178 Fax
tthomas@jaxbchfl.net<mailto:tthomas@jaxbchfl.net>
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From: Hayden Hodges
This is for the Samantha Wiener case, correct?
From: Jacksonville Beach Police Department
No, the O. Pagan case was the last case that we spoke of.
Triwan Thomas
Records Supervisor
Jacksonville Beach Police Department
101 Penman Road South
Jacksonville Beach, FL 32250
904-270-1667 Main
904-270-1660 Direct
904-247-6178 Fax
tthomas@jaxbchfl.net<mailto:tthomas@jaxbchfl.net>
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From: Hayden Hodges
Is the Samantha Wiener case still active? This is the one I am referring to.
From: Hayden Hodges
Is the Samantha Wiener case still active? This is the one I am referring to.
From: Jacksonville Beach Police Department
Sorry, case 20-3300 is still open.
Thank you,
Triwan Thomas
Records Supervisor
Jacksonville Beach Police Department
101 Penman Road South
Jacksonville Beach, FL 32250
904-270-1667 Main
904-270-1660 Direct
904-247-6178 Fax
tthomas@jaxbchfl.net<mailto:tthomas@jaxbchfl.net>
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From: Hayden Hodges
Hello,
Could you tell me if Case #20-3300 is still open? As a reminder, just because the court case is active, does not mean the police case is still active.
Thanks,
Mr. Hayden Hodges
From: Jacksonville Beach Police Department
Please see attached
Triwan Thomas
Records Supervisor
Jacksonville Beach Police Department
101 Penman Road South
Jacksonville Beach, FL 32250
904-270-1667 Main
904-270-1660 Direct
904-247-1660 Fax
tthomas@jaxbchfl.net<mailto:tthomas@jaxbchfl.net>
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"Success is peace of mind which is a direct result of self-satisfaction in
knowing you did your best to become the best you are capable of becoming."
From: Hayden Hodges
Can you clarify whether the case is open or not?
From: Jacksonville Beach Police Department
I understand the request. I've spoken with you prior. The case is still open with the Clerk but closed via arrest for us.
Triwan Thomas
Records Supervisor
Jacksonville Beach Police Department
101 Penman Road South
Jacksonville Beach, FL 32250
904-270-1667 Main
904-270-1660 Direct
904-247-1660 Fax
tthomas@jaxbchfl.net<mailto:tthomas@jaxbchfl.net>
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"Success is peace of mind which is a direct result of self-satisfaction in
knowing you did your best to become the best you are capable of becoming."
From: Hayden Hodges
Good Afternoon,
Thank you for the follow-up. There is no requirement under the Florida Public Records Act to fill out a form or pay a fee to initiate a request. You will need to provide an estimate for the actual records.
Additionally, Florida Law Chapter 119, Section 119.01(2)(f), requires that you provide records in the medium in which they are held by the agency. In this case, because these records are police reports and stored in a computer system, you are required to provide the records in the requested format.
In Florida Attorney General Opinion “AGO 2013-07”, the Attorney General writes,
“The statute clearly provides that if an agency maintains a record in a particular medium and that medium is requested for the copy, the agency "must provide a copy of the record in the medium requested if it is maintained in that medium[.]" The attorney general has confirmed upon the statute that requires agencies to provide records in the format in which they are stored.
Therefore, these records must be provided in electronic format.
Please contact me if you have any questions.
Sincerely,
Mr. Hayden Hodges
From: Jacksonville Beach Police Department
Hello Mr. Hodges
Please be sure to check F.S 119.07 (4)(a) and (4)(d) as well.
Thank you and please let me know how you wish to proceed.
Triwan Thomas
Records Supervisor
Jacksonville Beach Police Department
101 Penman Road South
Jacksonville Beach, FL 32250
904-270-1667 Main
904-270-1660 Direct
904-247-6178 Fax
tthomas@jaxbchfl.net<mailto:tthomas@jaxbchfl.net>
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From: Hayden Hodges
Afternoon,
Those sections have nothing to do with the form completion or requirement for records to be mailed.
Please provide an estimate for the production of the requested records in electronic format, as required by FSS Section 119.01(2)(f).
Thank you.
From: Jacksonville Beach Police Department
Hello again sir.
Whereas my previous email was not to address a really easy simple form, it was to address that we are within means to request a special service fee ($5). As it also states, we are allowed to charge up to $.15 per page copied and also personnel fee.
Once initial payment is receive, personnel will start the process of completing the request. This usually takes about 2 days. After all pages are counted and we have the final costs, You will receive an invoice email.
Please note that we are responsible for providing public records but we are responsible for safeguarding public records from being compromised and/or manipulated. This is why we do not send confidential records electronically.
Kindly submit payment of $5.00 (check or money order) to:
Jacksonville Beach Police Dept.
Atten: Records
101 Penman Rd. S
Jacksonville Beach, FL 32250
You can also stop by the office for front window pick up. Methods of payment accepted are: cash, check or money order.
Thank you,
Triwan Thomas
Records Supervisor
Jacksonville Beach Police Department
101 Penman Road South
Jacksonville Beach, FL 32250
904-270-1667 Main
904-270-1660 Direct
904-247-6178 Fax
tthomas@jaxbchfl.net<mailto:tthomas@jaxbchfl.net>
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From: Hayden Hodges
Hello again,
Yes, I understand that, and your interpretation of the special service fee charge statute. I would be willing to pay the $5.00 fee charge. However, the statute regarding electronic documents is much more clear, you must provide the documents in electronic format if requested. The records are not "confidential" after being redacted, hence them being called "public records".
If you are unable to assist and follow clearly established law, please forward this correspondence to the department's counsel or your superior.
Thank you.
From: Jacksonville Beach Police Department
Hello Mr. Hodges
The estimated fee incurred and required payment before significant investing and resources will be provided for case # 20-3300 (containing 41 supplements) are as follows:
$16 per hr @ 2 hours (clerical/redacting fee) -$32
$20 per hour @ 1 (supervisory labor/inspection) - $20
Total = $52.00
** Extensive Use Charges Pursuant to Chapter 119.07(4)(d), F.S., agencies may also collect a reasonable service charge in addition to the actual cost of document reproduction when a request for public records requires the extensive use of resources and/or clerical or supervisory assistance. The City of Jacksonville Beach considers records requests requiring more than one-half hour to locate, copy or otherwise make available, as a diversion of resources, to which extensive use service charges apply. Extensive use charges shall not be randomly applied. The following fees are standards designed to ensure that the City of Jacksonville Beach is consistent in its application of charges and fees in the recovery of extensive use costs. • Labor time - When clerical and/or supervisory labor time is spent in the location of, production of or monitoring the inspection of public records, a service charge for labor shall be applied by computing the actual cost of providing such labor.
Fee Lowest wage of departmental employee capable of filling the request **
Kindly submit payment of $52.00 (check or money order) to:
Jacksonville Beach Police Dept.
Atten: Records
101 Penman Rd. S
Jacksonville Beach, FL 32250
You can also stop by the office for front window pick up. Methods of payment accepted are: cash, check or money order.
You will receive an invoice
Thank you,
Triwan Thomas
Records Supervisor
Jacksonville Beach Police Department
101 Penman Road South
Jacksonville Beach, FL 32250
904-270-1667 Main
904-270-1660 Direct
904-247-1660 Fax
tthomas@jaxbchfl.net<mailto:tthomas@jaxbchfl.net>
[Logo]
“Success is peace of mind which is a direct result of self-satisfaction in
knowing you did your best to become the best you are capable of becoming.”
The information contained in this e-mail transmission from the Jacksonville Beach Police Department 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 §119, F. S. and is strictly prohibited. If you have received this email in error, please contact the sender immediately.
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From: Hayden Hodges
Good afternoon,
Please consider this request withdrawn.
Thank you.
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