Asking FHP to request video footage from a bank and college

[Miami]

Hello everyone,

Two weeks ago I was involved in an accident in which FHP took over the reporting. I am trying to get video footage from a bank and college that is next to where the accident took place and there are cameras. Both places tell me that I need the police or a court document to request the footage.

I've tried contacting the local FHP Troop administration department, but I was referred to records. When I ask records about it, they tell me they know of no such process.

I know that FHP handles many cases and cases which have much more important magnitude than mine. But is there no process for me to do that would have FHP request video camera footage related to my accident?

[Unregistered]

Unless there was serious injury, fatality, or major hit-and-run... forget about FHP being of any help. Not trying to be harsh. I've been in the same situation. They just want to write the report and let private insurance deal with it.

The bank is typically a private business and they don't have to release anything voluntarily. So, you'll need to have an attorney write a demand letter or request the court to subpoena the records.

You said the college also denied your request. I would find out if it's a private or public institution. If they're a public institution and they denied your records request, then they may have violated state law.

Until you figure out what you're going to do, I highly recommend you deliver or mail a certified letter to both locations. You need to put them on notice that you intend on subpoenaing the records and they need to preserve them.

Your intent letter even might be enough to get them to comply outside of court processes. Smart businesses might realize that complying with a simple request like this is a lot cheaper then involving legal counsel. And it's polite.

Good luck.

[Unregistered]

The above poster is 100% correct. If the report is completed and the case closed, it's no longer a law enforcement issue. It's now an issue between you and the two entities involved.

As for the bank, I can guarantee you they will not release the footage without a court order. They will ignore an "intent letter" (not sure what that is) and will most probably object to a subpoena from an attorney.

[Unregistered]

The above poster is 100% correct. If the report is completed and the case closed, it's no longer a law enforcement issue. It's now an issue between you and the two entities involved.

As for the bank, I can guarantee you they will not release the footage without a court order. They will ignore an "intent letter" (not sure what that is) and will most probably object to a subpoena from an attorney.

For those of you who are not familiar with obtaining subpoenas or warrants, I believe the 'intent letter' the above poster is referring to is a preservation request, usually based on federal communications laws that deal with telecommunication companies, but also useful with other businesses.

It puts the business on notice the government is planning to seek a legal order for the records in their possession and they should not destroy them, even if they would normally not be retained.

[Unregistered]

Just to let you know even if the college is public security footage is not going to fall under public records. It would be considered security related and does not have to be released.

What is your purpose in wanting the video? Are you trying to contest the results of the report? If so a lawyer should be able to help you along with an accident reconstructionist. But all that is expensive just so you know.

[Unregistered]

Just to let you know even if the college is public security footage is not going to fall under public records. It would be considered security related and does not have to be released.

What is your purpose in wanting the video? Are you trying to contest the results of the report? If so a lawyer should be able to help you along with an accident reconstructionist. But all that is expensive just so you know.

And before anyone jumps on here arguing heres the AG opinion on the matter.

http://www.myfloridalegal.com/ago.ns...257E2D004461D5

http://cases.justia.com/florida/fift...?ts=1423238804

A lawyer can draft up a subpoena in the matter, however you will be fighting an uphill battle if there was no death, or serious bodily injury.

[Unregistered]

And before anyone jumps on here arguing heres the AG opinion on the matter.

http://www.myfloridalegal.com/ago.ns...257E2D004461D5

http://cases.justia.com/florida/fift...?ts=1423238804

A lawyer can draft up a subpoena in the matter, however you will be fighting an uphill battle if there was no death, or serious bodily injury.

Second poster here... thanks for those links. Interesting read and glad to learn something new. I stand corrected.

[Unregistered]

Where you cited for the crash? Did you rear end someone? There is no reason for someone to crash. It is not an accident. Accidents occur when you sh*t yourself and you can't control it. Crashes can be prevented.

[Unregistered]

Contact the Troop Commander for the area where your crash occurred. Use this link to find the right commander.
https://www.flhsmv.gov/florida-highw...s-information/

[Unregistered]

To the OP if the report has been written already and there was no fatality, major injury, or hit and run the case is closed. FHP is not going to reopen the case or request video for you. At this point you can share your side of the story with your insurance company if you disagree with the crash report. You could even hire a lawyer who can subpoena the video. But as one response you got already this is no longer a police matter the case is closed. Now if your lawyer gets video for you and it calls into question the findings of the crash report then by all means contact the FHP troop supervisor and request the report be amended. But at this point your case is closed with FHP..