PR: LEO, Public? Exempt? Confidential?

Question 1

911 calls.

Answer 1

Public records after deleting any active criminal investigation.

Question 2

Assignment of weapons to LEO.

Answer 2

Exempt.

Question 3

Contact info of people on ‘offender alert system.’

Answer 3

Exempt.

Question 4

Arrest & crime reports.

Answer 4

Public.

Question 5

Name 3 aspects of security surveillance systems that are protected?

Answer 5

(a) Plan, incl all information revealing security systems.
(b) Names of persons applying for a permit to install.
(c) Bus (public or school) surveillance.

Question 6

What protection is afforded security surveillance?

Answer 6

Confidential & exempt.

Question 7

Confessions.

Answer 7

Exempt.
Until case is finally determined, redact & release non-exempt parts.

~it’s the opposite of what you think. ‘C’onfessions are NOT ‘C’onfidential.

Question 8

Child & adult traffickers.

Answer 8

Exempt.
———–
(Watch - I wd have thought public.)

Question 9

Crime reports.

Answer 9

Public = those parts that do not reveal active criminal.
(a) Crime info - time, date, location, nature.
(b) Arrested info - name, sex, age & address, crime charged, indictments (unless person is not in custody)

Question 10

When are details about person charged/indicted NOT public?

Answer 10

If they are not in custody.

Question 11

Emergency Management’s list of special needs folks (ex. hurricane).

Answer 11

Confidential + exempt. Reveal only to LEO.

Question 12

Investigative records generally.
(ex. atty memo of irregularities, public health violations, school board investigation into roof collapse, board acting quasi-judicial)

Answer 12

All public.

Question 13

Documents required to give a criminal defendant.

Answer 13

Once released to Def = public UNLESS:
1) Court order or
2) Wd reveal witnesses;
3) Wd reveal sex/abuse/traffic victim or witness to a homicide, or address of victim of mass violence.
4) Some other exemption (ex. confession, undercover officer).

Question 14

What status do exempt records have if you voluntarily reveal some of them?

Answer 14

Remain exempt. No waiver of exemption by partial release.

Question 15

LEO + family personal info.

Answer 15

Exempt.
Address, tele, dob, photo, work, school, daycare.

Question 16

Confidential Informants.

Answer 16

Exempt.

Question 17

DMV emergency contact on motor vehicle record.

Answer 17

Confidential. Release to LEO.

Question 18

What citizens have concealed weapon permit.

Answer 18

Confidential.

Question 19

Emergency call w/ patient info.

Answer 19

Confidential UNLESS:
1) EMT can release to LEO that does not have regulatory or supervision over EMT.
2) City Atty & City Mgr can have if carrying out their official duties to advise & defend or assess liab of city regarding such care.

Question 20

Fingerprints.

Answer 20

Exempt.

Question 21

Complaint filed vs. public employee?

Answer 21

Exempt until investigation ceases/concluded.

Question 22

Baker Act report by LEO.

Answer 22

Confidential b/c report is part of clinical health report.

Question 23

Body camera recordings.

Answer 23

Confidential IF taken where reasonable person expects privacy [ex. residence, social services facility (mental/health)]
———–
Keep for 90 days.

Question 24

To whom MUST body camera recordings be released?

Answer 24

Person recorded.

Question 25

How long retain body camera recordings?

Answer 25

90 days.

Question 26

Status of juvenile offender records?

Answer 26

Confidential as to juvenile + PARENTS.

Question 27

Courts have upheld refusal to release juvenile records to what community service facility?

Answer 27

Domestic violence shelter.

Question 28

What circumstances change juvenile offender records to public?

Answer 28

If charged as an adult.

Question 29

Confidential informants.

Answer 29

Exempt.

Question 30

When are LEO records exempt?

Answer 30

Related to ACTIVE & CRIMINAL investigation.

Question 31

Whose burden is it to demonstrate LEO records are public or exempt?

Answer 31

LEO has burden to prove entitled to an exemption.

Question 32

Can LEO release exempt info?

Answer 32

Yes, if thinks it would be helpful.

Question 33

What records are exempt under the ‘active + criminal investigation’ exemption?

Answer 33

Regard an identifiable person &
Used to anticipate, prevent or monitor criminal activity.

Question 34

What 3 things make an investigation ‘active’?

Answer 34

(a) Reasonable Good Faith belief it will lead to
(b) Detection of ongoing or anticipated crimes OR
(c) Is directly related to prosecution.

Question 35

Are Dept of Corrections records included in ‘active + criminal investigation’ exemption?

Answer 35

Yes.

Question 36

What kinds of photos & audio are always confidential?

Answer 36

Killing of LEO, killing via mass violence

Answer 38

Information obtained from a 911 call by an agency for the purpose of providing service in an emergency which reveals the name, address, telephone number, or personal information about, or information which may identify any person requesting emergency services or reporting an emergency is confidential WHILE IN THE CUSTODY of agency. However, identifying information obtained or created independently of the 911 call, for example from a criminal investigation or offense report created as a result of such investigation, is not exempt under section 365.171(12), Florida Statutes.

Answer 39

While you recognize that the exemption clearly applies to the recording of 911 calls and computer aided dispatch records relating to such calls, you question whether an offense report which subsequently includes such information identifying an individual, but not indicating that he or she placed the 911 call or requested emergency assistance would be subject to the exemption. You also question whether the identifying information should be redacted from the offense report when the caller is also the victim, a suspect, or a witness to the incident, and no other exemptions would justify the redaction of such information.

Question 40

Section 365.171(12), Florida Statutes, provides:

Answer 40

“CONFIDENTIALITY OF RECORDS.—Any record, recording, or information, or portions thereof, obtained by a public agency or a public safety agency for the purpose of providing services in an emergency and which reveals the name, address, telephone number, or personal information about, or information which may identify any person requesting emergency service or reporting an emergency by accessing an emergency communications E911 system is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that such record or information may be disclosed to a public safety agency. The exemption applies only to the name, address, telephone number or personal information about, or information which may identify any person requesting emergency services or reporting an emergency while such information is IN THE CUSTODY of the public agency or public safety agency providing emergency services. . . .” (e.s.)

Answer 41

Thus, application of the exemption hinges upon two conditions: the information was obtained by a public agency or a public safety agency for the purpose of providing services in an emergency; and the information reveals the identity of the person requesting emergency services or reporting the emergency.

Answer 42

confidential and exempt when it reveals the name, address, telephone number, or personal information about, or information which may identify the person requesting emergency service or reporting an emergency because if it were otherwise, personal, sensitive information,

Answer 43

Only information obtained by an agency identifying an individual as the caller in a 911 call or one requesting emergency services is confidential. Information placed in an offense report which does not identify an individual as the caller or one requesting emergency services, however, does not meet the requirements set forth for the exemption from disclosure under section 365.171(12), Florida Statutes.

Question 44

Facebook photos sent to cops of possible domestic violence w/ some date/time/photos.
—
PR request.
—
LG refused citing active investig.
———–
What part did LG have to give?

Answer 44

Statute expressly excludes ‘[t]he time, date, location, and nature of a reported crime’