HomeMy Public PortalAboutPRR 13-031831 8
Your original request, dated October 29, 2013, is reproduced in the space below:
From: Chris O'Hare ( mailto: chrisoharegulfstream @gmail.com]
Sent: Tuesday, October 29, 2013 6:26 AM
To: Bill Thrasher
Subject: PUBLIC RECORDS REQUEST - orthwein computers
Mr. Thrasher,
The case law cited below defines a public record "in the hands of a private party" to be "subject to
compelled disclosure under the law." Therefore please comply with the Request for Public Records
contained herein.
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Appellant,
V.
The ASSOCIATED PRESS; Cape Publications, Inc., d /bla Florida Today; Collier
18 So.3d 1201
"The plain meaning of this statute is that the public records law can be enforced against any
person who has custody of public records, whether that person is employed by the public agency
creating or receiving the records or not. It makes no difference that the records in question are in
the hands of a private party. If they are public records, they are subject to compelled disclosure
under the law."
THIS IS A PUBLIC RECORDS REQUEST of the Town of Gulf Stream. Please forward this request
immediately to the Custodian of Records for your agency.
Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I
wish to make a public records request of your agency for the following records:
Any and all documents, files, photos, folders or other material in digital form that can be reasonably
considered a public record which is located on any and all computers in the personal possession of, or
the personal control of, Mayor Joan Orthwein.
The serial number and any other identifying information of the computers identified above which can be
used to verify your agencies complete response to this Request for Public Records.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or
disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and
state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the
Florida Statutes.
Please take note of §119.07(c) Florida Statues and your affirmative obligation to (1) promptly
acknowledge receipt of this public records request and (2) make a good faith effort which "includes
making reasonable efforts to determine from other officers or employees within the agency whether such
a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting
that you notify every individual in possession of records that may be responsive to this public records
request to preserve all such records on an immediate basis.
If the public records being sought are maintained by your agency in an electronic format please produce
the records in the original electronic format in which they were created or received. See §119.01(2)(f),
Florida Statutes.
If you anticipate the production of these public records to exceed $1.00 please notify me in advance of
their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to
indicate the total number of pages and /or records, as well as to distinguish the cost of labor and
materials.
All responses to this public records request should be made in writing to the following email address:
chrisoharegulfstream@gmaii.com
Sincerely,
Chris O'Hare