Contracts and Policies Regarding IMSI Catchers (Sunrise Police)

Curtis Waltman filed this request with the Sunrise Police Department of Sunrise, FL.
Tracking # #170066
Status
Completed

Crowdfund Request: Contracts and Policies Regarding IMSI Catchers

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Help us free 14,000 documents about the Sunrise PD and their Stingray! This would be the largest document release about cell site simulators yet, as far as we can tell. With a topic as secretive as Stingrays, every document helps. Thank you for your support!

Backed by 2 people.

$275.00 raised out of $14,758.59.

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Communications

From: Curtis Waltman

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:

Documents concerning IMSI catchers or any of the following words: "Stingray", "cell site simulator", or "dirtbox". including:
-Contracts with the Harris Corporation regarding the acquisition of their Stingray or KingFish IMSI catchers
-Department policies and procedure regarding the use of IMSI catcher technology
-policies and procedures on the keeping of statistics about the Department's use and acquisition of IMSI catchers

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 would request your response within ten (10) business days.

Sincerely,

Curtis Waltman

From: Samuel I. Zeskind

Good afternoon Mr. Waltman,
Attached please find correspondence of today's date.

Samuel I. Zeskind
Partner

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200 East Broward Blvd., Suite 1900 | Fort Lauderdale, FL 33301
P: (954) 763-4242 F: (954) 764-7770 wsh-law.com<http://www.wsh-law.com> | vCard<http://www.wsh-law.com/attorneys-vcards.php>

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THINK BEFORE YOU PRINT
This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (954) 763-4242 or by return e-mail and delete the message, along with any attachments.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: Samuel I. Zeskind

Good afternoon Mr. Waltman,

Attached please find the records responsive to your request for contract documents. Please note that the City does not have records responsive to your requests for "Department policies and procedure regarding the use of IMSI catcher technology" or "policies and procedures on the keeping of statistics about the Department's use and acquisition of IMSI catchers."

In addition, the City understands your request for "Documents concerning IMSI catchers or any of the following words: "Stingray", "cell site simulator", or "dirtbox"' to be inclusive of any emails or other electronic records and, as such, this request is extensive, and will require extensive use of information technology resources, or extensive clerical or supervisory assistance by personnel of the City to identify, manage and compile the requested information. As you know, it is the policy of the City to impose a duplication charge for copying public records and additional charges in accordance with the fee schedule enumerated in City Code Section 2-398 and Section 119.07(4), Florida Statutes. It is the City's policy that a deposit be submitted by the requesting party in an amount equal to the anticipated cost of the assembly and duplication before processing will commence, particularly where clerical services of an extensive nature are necessary. The City is still in the process of estimating these costs and will provide you with an estimate for e-mail/electronic records as soon as possible. Otherwise, if there are specific additional records you are seeking, please let me know.

Thank you.

From: Curtis Waltman

Hello Mr. Zeskind,
I have just a couple questions concerning this request. Am I to interpret from your message that more documents will be forthcoming on this request? And were the contracts themselves exempted? I should have been more specific when I said contracts, I also meant purchase orders, memos, vouchers, and other documents pertaining to the purchase of Harris Corp. equipment. If these were exempted I would like the specific exemption please. Thank you very much for your work on my request, I appreciate it very much.
Best,
Curtis Waltman

From: Samuel I. Zeskind

Good afternoon Mr. Waltman,

Thank you for your clarification. Attached please find copies of the purchase order records responsive to your below request.

In addition, as I previously advised, the City understands your initial request for "Documents concerning IMSI catchers or any of the following words: "Stingray", "cell site simulator", or "dirtbox"' to be inclusive of any emails or other electronic records. Having reviewed the nature and scope of this portion of your request, the City has determined that the required advance deposit for electronic or email records(totaling 13,915 records) containing the referenced words will be $12,833.56. This amount includes the following:

(a) Staff time of 162.81 hours at a rate of $63.2546 per hour (with no charge for the first 30 minutes), totaling $10,266.85; and
(b) A 25% factor reflecting fringe and pension benefits totaling $2,566.71.

Pursuant to City Code Section 2-398(a), if the actual costs exceed that amount, work will temporarily cease and you will be asked to replenish the deposit, upon which work will resume. You are responsible for the additional amount. At your convenience, you may submit a check in the amount of $12,833.56 payable to the City of Sunrise, Florida, to my attention: Samuel I. Zeskind, Weiss Serota Helfman Cole & Bierman, P.L., 200 East Broward Boulevard, Suite 1900, Fort Lauderdale, Florida 33301. The City will begin processing your request for these records as soon as your deposit has been received.

Should you have any questions, please do not hesitate to contact me.

From: Curtis Waltman

Hello Mr. Zeskind,
I am a little worried that the word Stingray might be producing false hits about literal stingrays of the kind that reside in Florida's waters. Unless you know off hand if these records are regarding cell site simulators or another form of stingray, would you mind taking out the word stingray and seeing what the cost to produce electronic records is? Thank you very much, and have a great day!
Best,
Curtis Waltman

From: Samuel I. Zeskind

Good afternoon Mr. Waltman,

The records identified in the estimate are all responsive to your request and do not relate to any "false hits" concerning marine life or automobiles, etc. Prior to production, each of the records must be reviewed and, where necessary, redacted to ensure no confidential and exemption information is produced.

Please let me know if you would like to narrow your request in time or scope.

As always, if you have any questions, please do not hesitate to contact me.

From: Curtis Waltman

Hello Mr. Zeskind,
I have only been able to raise $275.00 out of the required amount. I would like to know if you would be willing to work with me to receive as many emails as I could for the amount I raised? Thank you for your help. Let me know if we can negotiate regarding the release of some of these emails.
Best,
Curtis Waltman

From: Samuel I. Zeskind

Good afternoon Mr. Waltman

When we spoke last, you mentioned that you would like email records relating to the use or purchase of the equipment. You also mentioned that your preference would be for emails relating to the use. Can you clarify for me what you mean by "use"?

If you are looking for records of use of the equipment in specific cases, there are no emails reflecting such information.

As always, please feel free to call me if you wish to discuss.

Thank you.

From: Curtis Waltman

Hi Mr. Zeskind,
What if you were to give me say a days worth of emails now, and once I get a feel for what these emails are about I can tell you in a more targeted fashion what I want for the rest of them? Does that work? Let me know. Thank you.
Best,
Curtis Waltman
MuckRock News

From: Samuel I. Zeskind

Good afternoon Mr. Waltman,
If that is how you would like to proceed, please identify a specific date (or date range) that would you like to start with - it appears as though the emails date at least as far back as 2010.
Of course, whatever date(s) you select, the City will still need to perform the required search and review (and redactions where necessary) of those records, which costs will be passed along to you. Once you identify the date, the City can provide the estimate for the required deposit.
Thank you.

From: Curtis Waltman

Hi Mr. Zeskind,

Could I try August 16th 2015 to August 20th 2015 and see what we get? Thank you so much for your diligence regarding this request. I look forward to receiving the estimate.

Best,
Curtis Waltman
MuckRock News

From: Samuel I. Zeskind

Good afternoon Mr. Waltman,

Attached please find the records responsive to your narrowed request for the time frame of August 16, 2015 through August 20, 2015. Please note that, the City has redacted the names of undercover officers pursuant to ยง119.071(4)(c), Fla. Stat. ("Any information revealing undercover personnel of any criminal justice agency is exempt from [public records law disclosure]").

Should you have any questions, please do not hesitate to contact me.

Sincerely,

Sam Zeskind

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