Public Records Request - VSO Arrest and Crime Reports

Bailey Pillon filed this request with the Volusia County Sheriff's Office of Volusia County, FL.

It is a clone of this request.

Tracking #

M000214-070623

Est. Completion None
Status
Withdrawn
Tags

Communications

From: Bailey Pillon

To Whom It May Concern:

Pursuant to the Florida Sunshine Law, s. 286.011, F.S., I hereby request the following records:

Arrest and crime reports, including officer trip sheets revealing identity of officer, location and hours of work and locations to which officers have responded for emergency and non-emergency purposes which are public records EXCLUDING recordings of telephone conversations and also EXCLUDING the provisions set forth under Public Records Act. Cf. s. 901.43(1), F.S., and EXCLUDING the statutory exemptions noted below, if applicable here.

I request these records to be within the time frame of December 1st, 2022 to January 31st, 2023.

According to the State of Florida Attorney General (in excerpt):

"15. Law enforcement records

a. Arrest and crime reports and the exemption for active criminal investigative and active
criminal intelligence information

(1) Arrest and crime reports
Arrest and crime reports are generally considered to be open to public inspection. AGOs
91-74 and 80-96. And see AGO 08-23 (officer trip sheets revealing identity of officer, location and
hours of work and locations to which officers have responded for emergency and non-emergency
purposes are public records); and AGO 12-07, discussing requirements for recording telephone
conversations set forth in Ch. 934, F.S., Florida’s Security of Communications law, but noting
that “any recordings of telephone conversations made by [a police department] in the usual course
of business would be public records,” subject to the access and confidentiality provisions of the
Public Records Act. Cf. s. 901.43(1), F.S., prohibiting a person or entity engaged in publishing
or disseminating arrest booking photographs through a publicly accessible print or electronic
medium from soliciting or accepting a fee or other payment to remove the photographs.
However, statutory exemptions for active criminal investigative and intelligence
information, confessions, juvenile offender records and certain victim information may apply to
crime reports and other law enforcement records."

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest.

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 and in its original electronic format, so as not to result in excessive copying or delay the request, 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 5 business days. If further clarification is needed to focus the scope of the request, please do not hesitate to contact me.

Sincerely,

Bailey Pillon

From: Volusia County Sheriff's Office

Dear Bailey Pillon:
Your request was received in this office on 7/6/2023 and given the reference number M000214-070623 for tracking purposes. Your request mentioned:
"To Whom It May Concern:

Pursuant to the Florida Sunshine Law, s. 286.011, F.S., I hereby request the following records:

Arrest and crime reports, including officer trip sheets revealing identity of officer, location and hours of work and locations to which officers have responded for emergency and non-emergency purposes which are public records EXCLUDING recordings of telephone conversations and also EXCLUDING the provisions set forth under Public Records Act. Cf. s. 901.43(1), F.S., and EXCLUDING the statutory exemptions noted below, if applicable here.

I request these records to be within the time frame of December 1st, 2022 to January 31st, 2023.

According to the State of Florida Attorney General (in excerpt):

"15. Law enforcement records

a. Arrest and crime reports and the exemption for active criminal investigative and active
criminal intelligence information

(1) Arrest and crime reports
Arrest and crime reports are generally considered to be open to public inspection. AGOs
91-74 and 80-96. And see AGO 08-23 (officer trip sheets revealing identity of officer, location and
hours of work and locations to which officers have responded for emergency and non-emergency
purposes are public records); and AGO 12-07, discussing requirements for recording telephone
conversations set forth in Ch. 934, F.S., Florida’s Security of Communications law, but noting
that “any recordings of telephone conversations made by [a police department] in the usual course
of business would be public records,” subject to the access and confidentiality provisions of the
Public Records Act. Cf. s. 901.43(1), F.S., prohibiting a person or entity engaged in publishing
or disseminating arrest booking photographs through a publicly accessible print or electronic
medium from soliciting or accepting a fee or other payment to remove the photographs.
However, statutory exemptions for active criminal investigative and intelligence
information, confessions, juvenile offender records and certain victim information may apply to
crime reports and other law enforcement records."

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest.

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 and in its original electronic format, so as not to result in excessive copying or delay the request, 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 5 business days. If further clarification is needed to focus the scope of the request, please do not hesitate to contact me.

Sincerely,

Bailey Pillon

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Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The State Public Information Act does not require a governmental body to create new information, to do legal research, or to answer questions. All requests are processed in the order in which they are received.
Volusia Sheriff's Office Records Section

From: Volusia County Sheriff's Office

--- Please respond above this line ---

Good afternoon: Is this a request for every incident report, arrest report and Computer-Aided Dispatch record for the time period of December 2022 to January 2023. If so, an extensive labor charge will apply to research, review and redact confidential/exempt information from the responsive records. If you would like to proceed, we will attempt to come up with an initial cost estimate and send you an invoice. It is possible that the true amount of labor dedicated to a request of this scope will turn out to be greater than estimated, in which case additional payment will be due.

From: Bailey Pillon

To Whom It May Concern:

You are correct, though I now revise my timeframe to be January 1st to January 15 in 2023. Please inform me of the cost estimate before proceeding, if it cannot be waived.

Sincerely,

Bailey Pillon

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