FDLE- Public Records Non-Compliance through non-response and delay

[Unregistered]

FDLE, the agency that investigates Sunshine Law violations for Public Records violations, has shown that they are non-responsive to requests and are not willing to provide any further information provided for the requests they have.

In visiting FDLE's website, FDLE provides a guide to requests and states that requests can be submitted by phone, email, or fax. A request sent by email will generate an automated response, but on several of our requests FDLE has been completely non-responsive after the automated response.

Does this seem right? Of course not. Now we know that when FDLE issues a subpoena for timely information to a bank or business, they request that the business give them the information in a timely manner or face contempt of court. This adds a lot of expense, inconvenience, and can even interrupt a business while they work on the request. While FDLE is willing to hold others to this standard, they do not feel they have to comply with public records requests of others to them.

What is the purpose of the Sunshine Laws? To ensure transparency of State Government. Does FDLE care about it's own transparency while it investigates other Agencies who are suspected of non-compliance? You could argue that FDLE doesn't.

Perhaps those that are being investigated by FDLE need to do a request to see how responsive FDLE is themselves to public records requests.

[Unregistered]

Interesting to say the least.

When there is an appearance of impropriety with a Police Agency, there's usually something more there. Why delay or not respond to certain requests even though they know it's wrong?

Because any type of proceedings against FDLE for them NOT responding is non-existent. Who's going to investigate? The AG? The same office they use to prosecute Statewide cases? Doubt it.

Local jurisdictions? Well, depends on the records and how they are held. Any digital record would be retained in multiple jurisdictions, and this doesn't sound like something the State Attorney's Office would want to do (go after FDLE).

FDLE in it's current state is just going to play the low card and laugh it off. This does not appear to be the Agency of high integrity it was years ago. Leadership makes these decisions.

The leader of FDLE, Swearingen, is a buddy of Gov. Rick Scott. It's well documented in news articles as well as on this forum. This is not a seasoned leader of a big organization and he wasn't selected from a pool of highly qualified candidates. Rick Scott hand picked him and they are tight.

So, how is Rick Scott's record for turning over and adhering to public records? In 2015, Gov Rick Scott and the State of Florida agreed to pay out $700K for avoiding public record discovery. the article can be found here :

http://www.miamiherald.com/news/loca...e30417807.html

Draw your own conclusions. But you could argue that there will be a lot more to come from FDLE in the press in the future as things get discovered.

Perhaps you could reach out to the FBI? Or would they just put you on speaker phone in the squad bay and laugh you off also?