Incident Report 2301220136

To Whom it May Concern,

In reference to the public records request for radio traffic on the above case number 23001556, there's no radio traffic due to being silent dispatched meaning the deputy dispatched himself.
In reference to the radio traffic on the case number 21015344 there was none due to deputy handled it via mobile and if there was radio traffic it wouldn't be available due to the time frame which
occurred 07/22/2021.

Respectfully,

Joyce S. Sanders
Communications Injunction Clerk
Marion County Sheriff's Office
(352) 438-5989
jsanders@marionso.com
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Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. CONFIDENTIALITY NOTICE: This message and any attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information that is exempt from public disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this message in error please contact the sender (by phone or reply electronic mail).

Good morning,

Public Safety sent over the 911 call audio we had regarding your request on 04/19/2023. I have attached the audio and emails. I hope this helps. Let me know if we can assist with anything else.

Thank you,
Marisa

Good Afternoon:

Mr. Armstrong has provided you with the Incident Report and Call For service.
Ms. Atwell has provided you with the 9-1-1 call.
Ms. Moorehead has provided you with an invoice for body camera footage
Ms. Sanders has advised you there is no Radio Traffic regarding this request
The Evidence Department has no records pertaining to this request

In your request, you did ask for “Any and all information, including but not limited to BWC, documentation, records, photographs, statements, reports,(or documents containing the following information) be provided to me:
• Incident number: 2301220136
• Case Numbers: 23001556
• BERTON THOMAS EDWARDS
• ANDREW THOMAS TOMPKINS
• VICKI ANN IZQUIERDO
• CONNIE COLE
• 21685 NE 133rd Pl, Salt Springs, FL 32134

I would interpret “any and all” to include any emails. Would you like our I.T Department to conduct a search for any Emails? If so, let me know and I will email you a deposit.

Best regards,
Brittany Colbert
Central Records Manager
Marion County Sheriff’s Office
Post Office Box 1987
Ocala, Florida 34478
Ph: 352-732-8181
bcolbert@marionso.com<mailto:bcolbert@marionso.com>

CAUTION: This Message Is From an External Sender.
This email originated from outside of the Sheriff's Office. Do not click links, open attachments, or share any information unless you recognize the sender and know the content is safe.
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May 1, 2023

This is a follow up to a previous request:

To Whom It May Concern:

I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on March 25, 2023. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143336
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

---

On April 14, 2023:
Subject: RE: Florida Sunshine Law Request: Incident Report 2301220136
Following up on this.

Thanks

Jonathan
---

On March 25, 2023:
Subject: Florida Sunshine Law Request: Incident Report 2301220136
To Whom It May Concern:

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

Any and all information, including but not limited to BWC, documentation, records, photographs, statements, reports,(or documents containing the following information) be provided to me:

• Incident number: 2301220136
• Case Numbers: 23001556
• BERTON THOMAS EDWARDS
• ANDREW THOMAS TOMPKINS
• VICKI ANN IZQUIERDO
• CONNIE COLE
• 21685 NE 133rd Pl, Salt Springs, FL 32134

If your agency does not maintain these public records, please let me know who does and include the proper custodian's name and address.

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,

Jonathan Colon

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 143336
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
[Image removed by sender.]
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. CONFIDENTIALITY NOTICE: This message and any attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information that is exempt from public disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this message in error please contact the sender (by phone or reply electronic mail).

Good morning:

We are happy to provide you with the records you seek regarding your below request for emails; however, there will be fees for fulfilling this request, given that the time it will take to respond to it will be in excess of 15 minutes. Our agency charges for time spent in excess of 15 minutes spent locating, reviewing/redacting, copying, and/or refiling requested material. Florida Institutional Legal Services, Inc., v. Florida Department of Corrections, 579 So. 2d 267 (Fla. 1st DCA 1991). The courts have decided that the special service charge for redaction of voluminous materials applies to both inspection and copying of public records when extensive clerical assistance is required. Board of County Commissioners of Highlands County v. Colby, 976 So. 2d 31 (Fla. 2d DCA 2008).
When faced with a voluminous request of this nature, our agency requires a deposit. The courts have recognized that production of records is appropriately subject to payment of a deposit; this has been held by the courts to be “prudent given the legislature’s determination that taxpayers should not shoulder the entire expense of responding to an extensive request for public records.” Board of County Commissioners of Highlands County v. Colby, 976 So. 2d 31 (Fla. 2d DCA 2008). You have asked for any and all correspondence regarding the below:

• Incident number: 2301220136
• Case Numbers: 23001556
• BERTON THOMAS EDWARDS
• ANDREW THOMAS TOMPKINS
• VICKI ANN IZQUIERDO
• CONNIE COLE
• 21685 NE 133rd Pl, Salt Springs, FL 32134
There will be costs associated with providing these emails to you. Pursuant to Trout v. Bucher, 205 So. 3d 876 (Fla. 4th DCA 2016), when the actual cost for a specialized employee to pull information is higher, we may charge at that employee’s rate of pay/salary. Given the nature of the information you requested, the records needed to be retrieved by an information technology (IT) employee with specialized skills and training. Pursuant to Board of County Commissioners of Highlands County v. Colby, 976 So. 2d 31 (Fla. 2d DCA 2008) our service cost for this employee, which includes salary and (some) benefits (i.e., FICA), is $34.76 per hour (or $8.69 per 15 minutes)($72,307.32 per year, at 40 hour per week for 52 weeks per year). We estimate this employee will spend 2 hours searching for and retrieving any responsive emails. Therefore, the cost deposit associated with searching for responsive records is $69.52. If the actual time spent is more than estimated, you will be billed for the difference prior to receiving the records. If the time spent is less than estimated, you will be refunded any deposit monies paid in excess of the actual cost. We accept cashier’s checks, money orders, business checks, and US currency (though I would strongly caution against mailing US currency). We do not accept personal checks and they will be returned. We do not accept credit card payments. If you bring or send us your deposit, please send it to the attention of the Records Division and include a copy of your public records request with it. This way, we make sure that when we receive the deposit, we know it applies to your public records request. We will then begin work to fulfill your request.
Best regards,

Brittany Colbert
Central Records Manager
Marion County Sheriff’s Office
Post Office Box 1987
Ocala, Florida 34478
Ph: 352-732-8181
bcolbert@marionso.com<mailto:bcolbert@marionso.com>
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