Florida’s Statute -119 Just How Transparent Is Our State

Deerfield-News.com-Deerfield Beach,Fl- Does not matter what local, county or state agency you deal with they all quote “Florida Statute 119”.  So here is statute 119-

The 2017 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 119 
PUBLIC RECORDS
View Entire Chapter
CHAPTER 119
PUBLIC RECORDS
119.01
General state policy on public records.
119.011
Definitions.
119.021
Custodial requirements; maintenance, preservation, and retention of public records.
119.035
Officers-elect.
119.07
Inspection and copying of records; photographing public records; fees; exemptions.
119.0701
Contracts; public records; request for contractor records; civil action.
119.071
General exemptions from inspection or copying of public records.
119.0711
Executive branch agency exemptions from inspection or copying of public records.
119.0712
Executive branch agency-specific exemptions from inspection or copying of public records.
119.0713
Local government agency exemptions from inspection or copying of public records.
119.0714
Court files; court records; official records.
119.084
Copyright of data processing software created by governmental agencies; sale price and licensing fee.
119.092
Registration by federal employer’s registration number.
119.10
Violation of chapter; penalties.
119.105
Protection of victims of crimes or accidents.
119.11
Accelerated hearing; immediate compliance.
119.12
Attorney fees.
119.15
Legislative review of exemptions from public meeting and public records requirements.

Below are some of our recent communications with various agencies including BSO, City of Deerfield Beach and the State of Florida, always quoting Florida statute 119.

From Deerfield Beach-

From:
Samantha Gillyard <SGillyard@deerfield-beach.com> (Add as Preferred Sender)
Date: Wed, Feb 28, 2018 6:01 pm
To: “news@deerfield-news.com” <news@deerfield-news.com>
Cc: Heather Montemayor <HMontemayor@deerfield-beach.com>
Good evening Howie,

Though I understand your situation, we have adhered to this policy regardless of who the requester is.

It is better to treat everyone the same and not show favoritism when it comes to who does or does not pay for labor or materials.

Therefore, I will have to decline and hope that you understand. If you prefer not to pay any fees, we can re-review your request and advise what charges would ensue and what is complimentary.

If you’d like to proceed, please advise in what manner.

Samantha Gillyard,

City Clerk

Sent from my iPhone

On Feb 28, 2018, at 1:21 PM, “news@deerfield-news.com” <news@deerfield-news.com> wrote:

Hello Heather,

So if I want to put a prepayment for Public Records Request on my visa, the lady in the lobby of city hall will do so? I do not have to come and pay for each and every request, that is also punitive.Even with what is in the statute and the ordinance, someone down there has the power to waive fees and or reduce Mayor, Burgess or Andy Mauroidis.

I cite my dealings with the State of Florida Department of Health, records are/were voluminous and they charged $0.

Thanks,

Howie

Deerfield-News.com

— Original Message ——–
Subject: RE: Public Records Request
From: Heather Montemayor <HMontemayor@deerfield-beach.com>
Date: Wed, February 28, 2018 10:47 am
To: “news@deerfield-news.com” <news@deerfield-news.com>
Cc: Samantha Gillyard <SGillyard@deerfield-beach.com>, Bill Ganz
<bganz@deerfield-beach.com>, WILLIAM GANZ <billganzjr@gmail.com>,
“Burgess Hanson” <baahanson@deerfield-beach.com>, David Santucci
<DSantucci@deerfield-beach.com>, Kara Petty
<kpetty@deerfield-beach.com>, “Andrew S. Maurodis”
<AMaurodis@wsh-law.com>, “Anthony C. Soroka” <ASoroka@wsh-law.com>

Hello,

 

Thank you for the clarification; you will be notified once the request is ready. Regarding the fees, the City does not establish, nor set the fees, as they are based on Chapter 119 of the Florida Statutes, Section 119.07, see below link.

 

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

 

Furthermore, June 2, 2015, the City adopted Ordinance 2015/019 stating that costs associated with extensive research (labor) and copying must be paid for in advance, see attached.

 

Should you have any questions, please let me know.

 

Thank you,

 

 

 

 

<image001.jpg>

 

Heather Montemayor

Assistant City Clerk

City of Deerfield Beach

From BSO-

Subject:
  Parkland Shooters Brother Held On Baker Act At Behest Of BSO (news@deerfield-news.com) 02/17/2018 5:36 am RE: Parkland Shooters Brother Held On Baker Act At Behest Of BSO (Media_Relations@sheriff.org) 03/01/2018 4:54 pm  RE: Parkland Shooters Brother Held On Baker Act At Behest Of BSO
   RE: Parkland Shooters Brother Held On Baker Act At Behest Of BSO
From:
Media Relations <Media_Relations@sheriff.org> (Add as Preferred Sender)
Date: Fri, Mar 02, 2018 9:11 am
To: “‘news@deerfield-news.com'” <news@deerfield-news.com>, Media Relations <Media_Relations@sheriff.org>
The Palm Beach Sheriff’s Office received a request from the Broward Sheriff’s Office for assistance with an investigation.  PBSO responded with the Behavior Services Unit as BSO met with a male juvenile.  During the interview, Behavioral specialists made the determination to take the necessary actions.  No arrest was effected.

 

Background on PBSO The Behavioral Services Unit:

 

Behavioral Services Unit (BSU) is a specialized unit consisting of mental health therapists and specially trained law enforcement deputies who handle high risk and potentially dangerous individuals who have or may have a mental illness or may be in some level of high risk psychological distress.

 

BSU can be requested to respond to psychiatric emergencies by communications, supervisors, deputies and other investigative units to assist with the assessment, advocacy and monitoring of mentally ill persons who pose a risk to themselves or public safety. BSU can assist CIT deputies in the field with information and resources to help facilitate most situations.

 

 

 

Gina Carter

Public Information Officer

Broward Sheriff’s Office

2601 West Broward Boulevard
Fort Lauderdale, Florida 33312
Office: (954) 831-8300

gina_carter@sheriff.org

Twitter: @bso_Gina

 

 

Please note that Florida has a broad public records law, and that all correspondence sent to me via email may be subject to disclosure.

Want to stay up-to-date about BSO events, crime trends and safety tips? Sign up for Sheriff Israel’s e-Alerts at www.sheriff.org/e-AlertsJoin our Facebook fan page at Broward Sheriff’s Office (official) or follow us @browardsheriff on Twitter to receive important announcements and view photos related to BSO.

 

 

 

From: news@deerfield-news.com [mailto:news@deerfield-news.com]
Sent: Thursday, March 01, 2018 7:31 PM
To: Media Relations
Subject: RE: Parkland Shooters Brother Held On Baker Act At Behest Of BSO

 

Hello Gina,

You can not confirm that the shooters brother was detained at BSO ‘s behest and held under the Baker Act? And when?

I understand the statute and I am not trying to be difficult.  I have read what BSO is putting out and follow your social media. Seems as it is now dated that this should appear somewhere in a public record. ABC News is a very credible source their story posted is not factual? I understand the Baker Act was done in Palm Beach County , but at the direction of BSO.

Thanks,

Howie Levy

Deerfield-News.com

——– Original Message ——–
Subject: RE: Parkland Shooters Brother Held On Baker Act At Behest Of
BSO
From: Media Relations <Media_Relations@sheriff.org>
Date: Thu, March 01, 2018 4:54 pm
To: “‘news@deerfield-news.com‘” <news@deerfield-news.com>, Media
Relations <Media_Relations@sheriff.org>
Cc: “Oglesby, Joy” <Joy_Oglesby@sheriff.org>

Good evening,

 

I am providing a link to the spreadsheet we provided to media regarding calls specifically involving the shooterhttps://app.box.com/s/m0jzfwsuriv9yq9qtrjp9ztxxz1j0pjj

 

Our spreadsheet identifies 18 calls involving the shooter, which is the focus of our investigation.

There are two calls listed, which did not specifically state which of the brothers was involved, so they were also included.

There are three identified as involving the shooter’s brother instead. It is possible that investigators had a question about these at some point and that’s why those appear on the list.

 

There are other calls for service that are not related to the shooter. The investigation focuses on the shooter and his actions. Those are the 18 calls outlined in the spreadsheet.

 

 

The following public records related to the shooting have also been released and are available on our website, sheriff.org:

Active Shooter at Stoneman Douglas High School, Published Feb. 14

Names of Murdered Victims in Stoneman Douglas Shooting, Published Feb. 15

Stoneman Douglas Shooting Preliminary Timeline of Events, Originally published Feb. 15; updated Feb. 21

Probable Cause for Nikolas Cruz, Published Feb. 15

15-Year-Old Arrested After Making Online Threat, Published Feb. 18

CAD Calls, Published Feb. 20

Sixth-Grader Arrested After Making Online Threat, Published Feb. 20

Body worn camera and surveillance videos are exempt per the following Florida State Statutes: FSS 119.071(2)(c)1 – Active criminal investigation FSS 119.071(3)(a) – Security system plan

Hope this clarifies both of the documents for you. If you have additional questions, let me know.

 

 

This is an active and ongoing investigation.  No additional details are being released at this time per Florida Statute 119.071(2)(c)1.

All updated information that has been released to the public is online at sheriff.org.

Follow us on twitter @browardsheriff for regular updates and press conference information.

 

 

Gina Carter

Public Information Officer

Broward Sheriff’s Office

2601 West Broward Boulevard
Fort Lauderdale, Florida 33312
Office: (954) 831-8300

gina_carter@sheriff.org

Twitter: @bso_Gina

 

 

Please note that Florida has a broad public records law, and that all correspondence sent to me via email may be subject to disclosure.

Want to stay up-to-date about BSO events, crime trends and safety tips? Sign up for Sheriff Israel’s e-Alerts at www.sheriff.org/e-AlertsJoin our Facebook fan page at Broward Sheriff’s Office (official) or follow us @browardsheriff on Twitter to receive important announcements and view photos related to BSO.

 

From The State of Florida – Department of Health’s Special counsel-

Subject:
  [FWD: Public records request on Deerfield Beach’s water treatmenewsnt plant] (news@deerfield-news.com) 01/11/2018 6:55 am  RE: Public records request on Deerfield Beach’s water treatment plant (HMontemayor@deerfield-beach.com) 01/16/2018 6:32 am RE: Public records request on Deerfield Beach’s water treatment plant (Paul.Eichner@flhealth.gov) 01/16/2018 3:05 pm  [FWD: RE: Public records request on Deerfield Beach’s water treatment plant] (news@deerfield-news.com) 01/18/2018 8:33 am  [FWD: RE: Public records request on Deerfield Beach’s water treatment plant] (news@deerfield-news.com) 01/18/2018 6:51 pm RE: Public records request on Deerfield Beach’s water treatment plant (Paul.Eichner@flhealth.gov) 01/22/2018 11:37 am  [FWD: RE: Public records request on Deerfield Beach’s water treatment plant] (news@deerfield-news.com) 02/06/2018 8:46 am RE: Public records request on Deerfield Beach’s water treatment plant
 RE: Public records request on Deerfield Beach’s water treatment plant
From:
“Eichner, Paul D” <Paul.Eichner@flhealth.gov> (Add as Preferred Sender)
Date: Wed, Feb 07, 2018 6:48 am
To: “‘news@deerfield-news.com'” <news@deerfield-news.com>
Good morning.  You may pick up the requested records (copied for your convenience which include notations, as appropriate, to the statutory reference for documents/photographs not being released) tomorrow, Thursday, February 08, 2018 at 9:00 am at the Department of Health Offices located at 2421A  SW 6thAvenue, Fort Lauderdale, FL 33315.  The engineering section is located on the second floor (glassed wall with a door on your left if you take the stairs up to the second floor).  There is an elevator as well.  Please ask to speak with Marquis who has been scheduled to spend no more than ½ hour with you as you review/photograph the plan sheets.

 

Paul D. Eichner, Chief Legal Counsel

Office of General Counsel

Florida Department of Health-Broward County
780 SW 24th Street
Fort Lauderdale, FL 33315
(954)467-4700 ext. 4104

Paul.Eichner@flhealth.gov

MISSION STATEMENT: TO PROTECT, PROMOTE & IMPROVE THE HEALTH OF ALL PEOPLE IN FLORIDA THROUGH INTEGRATED STATE, COUNTY & COMMUNITY EFFORTS.

Vision: Healthiest State in the Nation

Values: (ICARE)

I nnovation: We search for creative solutions and manage resources wisely.

C ollaboration: We use teamwork to achieve common goals & solve problems.

A ccountability: We perform with integrity & respect.

R esponsiveness: We achieve our mission by serving our customers & engaging our partners.

E xcellence: We promote quality outcomes through learning & continuous performance improvement.

 

Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request.  Your e-mail communications may therefore be subject to public disclosure.

 

 

From: news@deerfield-news.com [mailto:news@deerfield-news.com]
Sent: Tuesday, February 06, 2018 10:34 AM
To: Eichner, Paul D
Subject: RE: Public records request on Deerfield Beach’s water treatment plant

 

Mr. Eichner ,

I would like t pick up the documents Thursday or Friday Am and I will just take pictures of the 40 plan sheets.Please let me know what are charges that are going to be assessed for my requested records.

Also would like to know how many documents including photos you are not releasing to me and how we identify those and why they are not being released so I may seek a Writ of Mandamus.

Thanks,

Howard Levy

Deerfield-News.com

——– Original Message ——–
Subject: RE: Public records request on Deerfield Beach’s water treatment
plant
From: “Eichner, Paul D” <Paul.Eichner@flhealth.gov>
Date: Mon, January 22, 2018 11:37 am
To: “‘news@deerfield-news.com‘” <news@deerfield-news.com>
Cc: “Sims, Candy” <Candy.Sims@flhealth.gov>

Mr. Levy,

 

The documents you requested in your January 11, 2018 email to the Broward County Health Department have been collected and are now available. The documents are quite voluminous.  You may schedule an appointment to pick them up at your convenience.  Additionally, there are 40 plan sheets that are related to your request and are available to view and have copies made.  Charges will be assessed in compliance with Florida Statute section 119.07 and Department policy. Please identify a date and time when you will pick up and/or inspect the public records so that we can coordinate having a space available for you to review the documents. Our business hours are 8am to 5pm Monday through Friday.  Kindly schedule your appointment with sufficient buffer to ensure that you complete your review prior to 5pm.  Should you need to reschedule to complete your review we will accommodate your request.

 

Kindly share your requested appointment time and this office will coordinate with our Environmental Section and confirm the date and time with you via email.  We are located at 2421A  S.W. 6th Avenue, Fort Lauderdale, FL 33315.

 

Regards,

 

Paul D. Eichner, Chief Legal Counsel

Office of General Counsel

Florida Department of Health-Broward County
780 SW 24th Street
Fort Lauderdale, FL 33315
(954)467-4700 ext. 4104

Paul.Eichner@flhealth.gov

MISSION STATEMENT: TO PROTECT, PROMOTE & IMPROVE THE HEALTH OF ALL PEOPLE IN FLORIDA THROUGH INTEGRATED STATE, COUNTY & COMMUNITY EFFORTS.

Vision: Healthiest State in the Nation

Values: (ICARE)

I nnovation: We search for creative solutions and manage resources wisely.

C ollaboration: We use teamwork to achieve common goals & solve problems.

A ccountability: We perform with integrity & respect.

R esponsiveness: We achieve our mission by serving our customers & engaging our partners.

E xcellence: We promote quality outcomes through learning & continuous performance improvement.

 

Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request.  Your e-mail communications may therefore be subject to public disclosure.

 

 

From: news@deerfield-news.com [mailto:news@deerfield-news.com]
Sent: Thursday, January 18, 2018 10:33 AM
To: Eichner, Paul D; Eichner, Paul D
Cc: Mayor Ganz
Subject: RE: Public records request on Deerfield Beach’s water treatment plant

 

Mr Eichner,

When the Mayor of Deerfield Beach tells the citizens of Deerfield Beach at Tuesday nights meeting not to worry and citizens/bloggers are trying to create a panic I take exception.

 

My posts are factual the pictures from your office.While you say were sent in error and exempt are real photos showing the deficiencies for anyone with eyes to see.

The pictures the State sent to me in my public records request are shocking. The ones you have and do not want to release by claiming they are exempt one would assume have to be much worse.

 

Deerfield Beach after being in violation of deficiencies for 36 quarters at our water treatment plant is a fact and something is wrong.

What is germane are releasing all public records pertaining to my request.

I again respectfully request a visit to the plant you and Mayor Ganz can accompany me with a DHS Agent or US Marshall or BSO Deputy. Let me see with my eyes what it is the Mayor and your office do not want seen by all of the public. The fact that the city wishes to invoke the “Patriot Act” as well as your office invoking F.S. section 119.071 to keep citizens from finding out what is really going on.

I pose no security threat whatsoever.

Thanks,

Howard Levy

Deerfield-News.com

 

Subject: RE: Public records request on Deerfield Beach’s water treatment
plant
From: “Eichner, Paul D” <Paul.Eichner@flhealth.gov>
Date: Tue, January 16, 2018 3:05 pm
To: “‘news@deerfield-news.com‘” <news@deerfield-news.com>, “Sims, Candy”
<Candy.Sims@flhealth.gov>

Mr. Levy,

 

I have received your public records request.  The records are being gathered and will be reviewed to ensure that the documents that are to be released meet the statutory criteria under F.S. section 119.071and are not confidential or exempt.  The remaining documents germane to your request will be made available as quickly as possible.

 

Paul D. Eichner, Chief Legal Counsel

Office of General Counsel

Florida Department of Health-Broward County
780 SW 24th Street
Fort Lauderdale, FL 33315
(954)467-4700 ext. 4104

Paul.Eichner@flhealth.gov

MISSION STATEMENT: TO PROTECT, PROMOTE & IMPROVE THE HEALTH OF ALL PEOPLE IN FLORIDA THROUGH INTEGRATED STATE, COUNTY & COMMUNITY EFFORTS.

Vision: Healthiest State in the Nation

Values: (ICARE)

I nnovation: We search for creative solutions and manage resources wisely.

C ollaboration: We use teamwork to achieve common goals & solve problems.

A ccountability: We perform with integrity & respect.

R esponsiveness: We achieve our mission by serving our customers & engaging our partners.

E xcellence: We promote quality outcomes through learning & continuous performance improvement.

 

Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request.  Your e-mail communications may therefore be subject to public disclosure.

 

 

From: news@deerfield-news.com [mailto:news@deerfield-news.com]
Sent: Thursday, January 11, 2018 8:50 AM
To: Sims, Candy
Cc: Eichner, Paul D
Subject: Public records request on Deerfield Beach’s water treatment plant

 

Dear Ms.Sims,

We respectfully request the following public records.

All communications and correspondence including electronic.emails texts,notes etc, from anyone employed by the city of Deerfield Beach and your agency,from July of 2017 thru today.

Specifically we also ask for the current status of Deerfield Beach’s deficiencies from their inspections and re-inspections that still have not been remedied.

We also ask for the right to be accompanied by a state official and city official and tour the facility.

Thank You,

Howard Levy

Deerfield-News.com

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