Filing # 158860021 E-Filed 10/10/2022 09:01:09 AM IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY FLORIDA FLORIDA CENTER FOR GOVERNMENT ACCOUNTABILITY, INC., Plaintiff, v CASE NO.; _ 2022 CA 001785 IMMEDIATE HEARING EXECUTIVE OFFICE OF THE GOVERNOR, REQUESTED PURSUANT TO and GOVERNOR RON DESANTIS, in his SECTION 119.11(1), Fla. Stat. official capacity as custodian of public records, Defendants. COMPLAINT TO ENFORCE PUBLIC RECORDS ACT Plaintiff, the FLORIDA CENTER FOR GOVERNMENT ACCOUNTABILITY, INC., (“the Center”), brings this action against the Executive Office of the Governor, (“EOG”), and Governor Ron DeSantis, (the “Governor”), (collectively the “Defendants”), to enforce Florida's Public Records Act and states as follows: Introduction 1. On September 14, 2022, Defendants arranged for two charter flights to transport immigrants from San Antonio, Texas to Crestview, Florida, and ultimately to Martha’s Vineyard in Massachusetts. In the days leading up to the flights, the immigrants were housed at hotels, given gift certificates, promised jobs, asked to sign waiver forms, and then given brochures containing misleading information about the availability of services on the island. Shortly before midnight that same day, a deputy press secretary for the Governor, Jeremy Redfern, tweeted a picture of former president Barack Obama’s home on Martha’s Vineyard: “7 bedrooms with 8 and a half bathrooms in a 6,892-square-foot house on nearly 30 acres. Plenty of space.”2. Plaintiff seeks an order compelling Defendants to provide the requested public records. Pl fF also seeks an expedited hearing as provided under Section 119.11(1) of the Public Records Act and entry of an order awarding attorneys” fees and costs Aurisdiction and Venue 3. This Court has subject matter jurisdiction pursuant to Article the Florida Constitution and Section 119.11, Florida Statutes. 4, Venue is proper in Leon County because the underlying records wei generated and are maintained in Leon County, and the cause of action accrued in Leon County. At all times material, the Defendants possessed the public records sought by Plaintiff. 5. All conditions precedent to this Complaint have occurred or have been excused 6. Pursuant to Section 284.30, Florida Statutes, a copy of this Complaint, which includes a request for attomneys” fees, is being served on the Department of Financial Services. The Parties 7. Plaintiff, FLORIDA CENTER FOR GOVERNMENT ACCOUNTABILITY, INC,, is a nonprofit organization that focuses on providing support and assistance to citizens and investigative journalists to ensure government accountability and transparency. FLCGA’s mission isto ensure civic engagement by securing access to governmental records and facilitating local on- the-ground reporting with the tools, expertise and knowledge required to conduct well-sourced quality reporting. FLCGA is a “person,” as the term is used in Section 119.07(1)(a).. 8. The FOGis an “agency” as defined by Section 119.011(2) of the Florida Statues and part of the executive branch subject to Article I, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes.9. Governor DeSantis is the Governor of the State of Florida, the custodian of records made or received by the EOG, and is sued in his official capacity 10. Both the EOG and Governor DeSantis have a duty to permit the inspection and copying of any public records in their custody by any person desiring to do so, at a reasonable time, under reasonable conditions, and for reasonable costs. See Art. I, § 24, Fla. Const; § 119.07, Fla. Stat. Factual Background 11, On September 20, 2022, the Center made a written request to the EOG seeking the following records: A. Any record sent or received by James Uthmeier regarding the migrant relocation program during the period between September 1, 2022, and 6:00 a.m. on September 15, 2022. B. The phone log for any telecommunications device used by James Uthmeier to send or receive calls during the period between September 1, 2022, through 6:00 am. on September 15, 2022. “Phone log” means the record of calls made or received via any cellular device, landline or desk phone. C. The text Jog of any cellular device used by James Uthmeier to send or receive texts during the period between September 1, 2022, through 6:00 a.m. on September 15, 2022. “Text log” means the record of any texts sent or received via any cellular or electronic device or messaging app. D. All records sent to or received from Vertol Systems Company, including any agency, agent, representative, employee, attorney or other individual or entity acting on behalf of Vertol Systems Company, during the period between August 15, 2022, and 6:00 a.m. on September 15, 2022 E, All records sent to or received from Greg Abbott, or any agent, representative, employee, attorney or other individual or entity acting on behalf of Greg Abbott, or the State of Texas, during the period between September 1, 2022, and 6:00 am. on September 15, 2022, relating to any of the following subject matters: a. then rant relocation program; b. the transport of individuals from Texas to Florida;¢. the transport of individuals from Texas to Massachusetts; 4. printing written materials about the availability of services in ‘Massachusetts; ¢. delivering written materials about the availability of services. in Massachusetts. See Exhibit A (the “First Records Request. 12, OnSeptember 20, 2022, the Governor's Office of Open Government acknowledged receipt of the Records Request. See Exhibit B. 13, On September 21, 2022, the Center made a second written request to the EOG for the following records: A. Any record purporting to be a waiver signed by immigrants in San Antonio, Texas as part of any immigrant relocation program and flights to Martha’s Vineyard, Massachusetts on September 14, 2022 B. Any record purporting to be a waiver signed by immigrants aboard a flight from San Antonio, Texas to Crestview, Florida on September 14, 2022. C. Any record purporting to be a waiver signed by immigrants aboard a flight from Crestview, Florida to Charlotte, NC on September 14, 2022. D. Any record purporting to be a waiver signed by immigrants aboard a flight from Charlotte, NC, to Martha’s Vineyard, Massachusetts on September 14, 2022 See Exhibit C (the “Second Records Request”). 14, On September 22, 2022, the Governor's Office of Open Government acknowledged . See Exhibit D. pt of the Second Records Reque: 15. On September 25, 2022, the Center notified the EOG that no records had been furnished in response to the First Records Request and requested that the records be produced no later than September 30, 2022. See Exhibit E.16, On September 28, 2022, the Center notified the EOG that no records had been furnished in response to the Second Records Request and requested that the records be produced no later than September 30, 2022. See Exhibit F. 17, On September 30, 2022, Andrew King, an attorney representing the EOG, contacted the Center and indicated that the records would not be produced by that date. Upon inquiry, Mr. King was unable to provide any indication of when the records would be produced. 18, On October 7, 2022, Defendants sent Plaintiff records that are not responsive to the First or Second Record Requests. None of the records produced by Defendants are records sent or received by the EOG or Govemor. None of the records are within the timeframe of records sought in the First or Second Record Requests. Rather, all of the records are those sent to or received from another agency. Plaintiff immediately notified Defendants that the production was incomplete and not a good faith response. See Exhibit G. 19, At this writing, Defendants have failed to produce a single record that is responsive to the First Records Request or the Second Records Request.! Count 1 Unlawful Withholding of Public Records 20. Plaintiff re-alleges and incorporates the allegations of Paragraphs 1 through 19 of the Complaint as if fully set forth herein. 21. The constitutional right of access to public records applies to “any public body, officer, or employce of the state, or persons acting on their behalf . . .” Art. I, § 24, Fla. Const.; see also § 119.011(2), Fla. Stat " EOG did fulfill a separate records request made by the Center on October 4, 2022, by producing a calendar of an EOG employee.22. The EOC is an “agency” under Section 119.011(2), Florida Statutes, and Governor DeSantis is the custodian of the public records of the EOG. Both Defendants have a legal obligation to provide access to any non-exempt public records upon request. 23. The records sought in both the First Records Request and the Second Records Request (the “records”) are public records as defined in Section 119.011(12), Florida Statutes, and as interpreted by Florida courts, and are encompassed within Article I, Section 24 of the Florida Constitution, 24. No public records law exemption applies that would prevent the inspection or copying of the records sought by Plaintiff and no exemption has been asserted by Defendants. 25. Defendants’ refusal to provide the records is unreasonable, unjustified and amounts to an unlawful delay and refusal to provide the records. Plaintiff and the public are entitled to the records 26. Defendants have failed and refused to provide the records 27. Defendants’ failure to supply Plaintiff with the records violates the Public Records Act and Article I, Section 24(a) of the Florida Constitu Expedited Hearing 28, Section 119.11(1) of the Public Records Act provides that courts must set ion and is unlawful, immediate hearings in actions to enforce the Act's provisions and give such cases priority over other pending cases. See Salvador v. Fennelly, 593 So. 2d 1091, 1094 (Fla. 4th DCA 1992) (recognizing the importance of the statutory provision for immediate hearings in public records cases because “time can be an important clement in the right of access to public records.”). 29, Plaintiff requests that the Court set an immediate hearing and prioritize this suit over other pending cases.Attorneys’ Fees 30, Section 119.12 of the Public Records Act provides: (1) If a civil action is filed against an agency to enforce the provisions of this chapter, the court shalll assess and award the reasonable costs of enforcement, including reasonable attorney fees, against the responsible agency if the court determines that: (a) The agency unlawfully refused to permit a public record to be inspected or copied: and (6) The complainant provided written notice identifying the public record request to the agency's custodian of public records at least 5 business days before filing the civil action. 31. Plaintiff provided written notice of their public records requests to Defendants at days prior to filing this action. 32, Plaintiff has retained the undersigned counsel in this matter. Relief Requested WHEREFORE, Plaintiff requests that this Court a, set and hold an immediate hearing pursuant to Section 119.11 of the Public Records Act; b. enter an Order to Show Cause directing Defendants to show cause why the relief sought in this Complaint should not be granted; c. find that the requested records are public records subject to disclosure under the Public Records Act to which no valid exemption applies; d. find that the Defendants” refusal to produce the records was not justified; e. find that the Defendants unlawfully refused to permit access to the records at issue in violation of the Public Records Act and Article I, Section 24 of the Florida Constitution;f enter an Order directing the Defendants to immediately provide the requested records to Plaintiff; § award Plaintiff its reasonable attomeys” fees, costs, and expenses incurred in this action, as provided in Section 119.12, Florida Statutes; and h. award Plaintiff such other and further relief as the Court deems necessary and appropriate. Respectfully submitted, ‘(s/Andrea Flynn Mogensen, Esq. ‘Andrea Flynn Mogensen, Esq. Law Office of Andrea Flynn Mogensen, P.A. 677 N. Washington Blvd., Suite 128 Sarasota, FL 34236 Tel: (941) 955-1066 Florida Bar No. $49681 [email protected] FARMER & FITZGERALD, P.A. (s! Matthew Farmer Matthew P. Farmer, Esq. Fla. Bar No. 0793469 800 W. De Leon St. Tampa, FL 33606 (813) 228-0095 FAX (813) 224-0269 MattFarmer!@aol,comEXHIBIT From: Midna! Bart To! is OvenGovernment ce: Harare Petersen Subject: Records request Date: Tuesday, September 20,2022 11:56:00 AM ‘Attachments: maze01.ona Dear Custodian: This is a request for records pursuant to Chapter 119, Florida Statutes, otherwise known as the Public Records Act ("the Act”) and art. |, sec. 24 of the Florida Constitution on behalf of the Florida Center for Government Accountability. This request is for public records in the possession of the Executive Office of the Governor (“the Agency”), which includes its employees, agents, representatives, and any individual or entity acting on behalf of the Agency, regardless of the location of those records. We understand that a citizen is not required to make a written request to obtain public records under the Act, but we want to be clear about what we are seeking from you. Additionally, a written request for records also serves to fulfill any notice requirements set forth in the Act, including, but not limited to, section 119.12(1)(b}, Florida Statutes. This written request satisfies the five-day notice provision contained in section 119.12(1)(b}. We will not provide any additional notice of your cutory obligation to timely furnish responsive records, Accardingly, we hereby request production of the following records made, sent or received by the Agency, including its employees: 1. Any record sent or received by James Uthmeier regarding the migrant relocation program. during the period between September 1, 2022, and 6:00 a.m. on September 15, 2022. 2. The phone log for any telecommunications device used by James Uthmeier to send or receive calls during the period between September 1, 2022, through 6:00 a.m. on September 15, 2022. “Phone log” means the record of calls made or received via any cellular device, landline or desk phone. 3, The text log of any cellular device used by James Uthmeier to send or receive texts during the period between September 1, 2022, through 6:00 a.m. on September 15, 2022. “Text log” means the record of any texts sent or received via any cellular or electronic device or messaging app. 4, All records sent to or received from Vertol Systems Company, including any agency, agent, representative, employee, attorney or other individual or entity acting on behalf of Vertol Systems Company, during the period between August 15, 2022, and 6:00 a.m. on September 15, 2022. All records sent to or received from Greg Abbott, or any agent, representative, employee, attorney or other individual or entity acting on behalf of Greg Abbott, or the State of ‘Texas, during the period between September 1, 2022, and 6:00 am. on September 15,2022, relating to any of the following subject matters: a. the migrant relocation program; b. the transport of individuals from Texas to Florida; the transport of individuals from Texas to Massachusetts; d. printing written materials about the availability of services in Massachusetts; €. delivering written materials about the availability of services in Massachusetts We want to also make it clear that we do not seek the production of any responsive records sent to or from the mailbox newsalerts@eo. a.com, which we understand to be a general mailbox that sends and receives alerts containing links and content of media articles. Please exclude any responsive records sent to or from aswsalerts@eog mvflorids com. IFany portion of this request is readily available, please furnish that record immediately regardless of whether other portions of the request are not readily available. It is important that the Agency understand that the term “record” as used herein shall have the same meaning and definition set forth in section 119.011(12), Fla. Stat., and includes, but is not limited to, electronic records regardless of the physical form, characteristics, or means of transmission or receipt. Electronic records include, but are not limited to, email, text, sms, mms, iMessages, doc, .docx, voicemail, Dropbox, ftp site, mobile application, intranet, VOIP, cloud file platform, social media platform, workplace communications tool, encrypted messaging app, or internal messaging system. The above definitions and examples are not intended to be an exhaustive description of electronic records and the Agency must produce all records responsive to this request regardless of the format, or the means or method of transmission of any device or system capable of sending or receiving a message or record that is converted into alphanumeric characters. This request for records further includes any responsive records sent or received by the Agency via any private, nongovernmental account as well as those records maintained, stored or archived in the cloud, on a shared drive, on the internet, via any electronic portal, via sacial media accounts, by screenshot or any other electronic system or device such as a cell phone, tablet, flash drive, computer or server that is capable of sending, receiving or storing digital information, This request is directed to the Agency, and any individual or entity acting on behalf of the Agency. See section 119.011(2}, Fla, Stat, It also includes any individual acting on behalf of the agency using an alias or pseudonym, However, if the Agency itself does not have direct access or possession of any of the records responsive to this request, please construe this 2s a request under section 119.0701(3){2), Fla. Stat, and notify any third party in possession of responsive records of the request for public records and the statutory obligation to provide them within a reasonable period of time. Pursuant to section 119.07(1)(d), Fla. Stat., “[a] person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce theremainder of such record for inspection and copying.” bso, section 119.07(1)(e], Fla. Stat., provides that “Tiff the person who has custody of a public record contends that al or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.” If you contend that any record, or portion thereof, is exempt from inspection, please state in writing the basis for the exemption and include the applicable statutory exemption. See section 119.07(1) {e), Fla. Stat. Additionally, pursuant to the requirements of section 119.07(1}(f), Fla. Stat., we hereby request that you explain in writing and with particularity the reasons for your conclusion that the record is confidential or exempt. We would direct your attention to the following statutory requirements set forth in section 119.07(2), Fla. Stat. {h) Even if an assertion is made by the custodian of public records that a requested record is not 2 public record subject to public inspection or copying under this subsection, the requested record shall, nevertheless, not be disposed of for 2 period of 30 days after the date on which a written request to inspect or copy the record was served on or otherwise made to the custodian of public records by the person seeking access to the record. If 2 civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record, the custodian of public records may not dispose of the record except by order of @ court of competent jurisdiction after notice to all affected parties. {i) The absence of a civil action instituted for the purpose stated in paragraph (g) does not relieve the custodian of public records of the duty to maintain the record a8 a public record if the record is in fact a public record subject to public inspection and copying under this subsection and does not otherwise excuse or exonerate the custodian of public records from any unauthorized or unlawful disposition of such record {Emphasis added) Under the above statutory provisions, do not delete any records, even if you contend that such records are not a public record unless and until a judge of a court of competent jurisdiction has issued a final order authorizing you to do so. Immediately preserve all responsive recards without delay. We ate seeking the requested records in their native, digital electronic medium. See § 119.01(2\(f, Fla, Stat. For emails, we request that the records be produced in .pst format. For text messages, we request that you produce the records in the digital format by which the Agency archives text messages. For all other records, please produce them in their native digital format. We are requesting that you notify each and every individual and entity in possession of records responsive to this request, including third parties, and that all such records be preserved on animmediate basis, Please produce all records responsive to this request as provided by § 119.12(1)(b}, Fla. Stat. If any costs are anticipated in fulfilling this request, please do not exceed $75 without advance written authorization and an invoice describing the nature of any special service charge allowed by lew. If you have any questions about the scope of this request, please do not hesitate to communicate the same to us at records@fiena ore. florida Genter /r Government Accountability 1661 Ringling Blvd P.O. Box 2723 Sarasota, FL 34230 {mail [email protected]. Website: wwnw.flegaorg.EXHIBIT From: ‘Decais Qnanous bs ica! afc Subject: RE: Records request Date: “Tuesday, September 20, 2022 12:40:40 PM ‘Attachments: imae0O1 ena Good afternoon, ‘The Governor’s Office of Open Government is in receipt of your request for records as stated in your email below. If there is a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor. Sincerely, Office of Open Government From: Michael Barfield Sent: Tuesday, September 20, 2022 11:57 AM To: Desantis. OpenGovernment Ce: Barbara Petersen Subject: Records request Dear Custodian: This is a request for records pursuant to Chapter 119, Florida Statutes, otherwise known as the Public Records Act ("the Act”) and art. |, sec. 24 of the Florida Constitution on behalf of the Florida Center for Government Accountability. This request is for public records in the possession of the Executive Office of the Governor (“the Agency”), which includes its employees, agents, representatives, and any individual or entity acting on behalf of the Agency, regardless of the location of those records. We understand that a citizen is not required to make a written request to obtain public records under the Act, but we want to be clear about what we are seeking from you. Additionally, a written request far records also serves to fulfill any notice requirements set forth in the Act, including, but not limited to, section 119.12(1)(b), Florida Statutes. This written request satisfies the five-day notice provision contained in section 119.12(1}(b}. We will not provide any additional notice of your statutory obligation to timely furnish responsive records. Accordingly, we hereby request production of the following records made, sent or received by the Agency, including its employees: 1. Any record sent or received by James Uthmeier regarding the migrant relocation program during the period between September 1, 2022, and 6:00 a.m. on September 15, 2022. 2. The phone log for any telecommunications device used by James Uthmeier to send or receive calls during the period between September 1, 2022, through 6:00 a.m. on September 15, 2022. “Phone log” means the record of calls made or received via anycellular device, landline or desk phone. 3, The text log of any cellular device used by James Uthmeier to send or receive texts during the period between September 1, 2022, through 6:00 a.m. on September 15, 2022. “Text log” means the record of any texts sent or received via any cellular or electronic device or messaging app. 4, All records sent to or received from Vertol Systems Company, including any agency, agent, representative, employee, attorney or other individual or entity acting on behalf of Vertol Systems Company, during the period between August 15, 2022, and 6:00 a.m. on September 15, 2022. All records sent to or received from Greg Abbott, or any agent, representative, employee, attorney or other individual or entity acting on behalf of Greg Abbott, or the State of ‘Texas, during the period between September 1, 2022, and 6:00 am. on September 15, 2022, relating to any of the following subject matters: the migrant relocation program; the transport of individuals from Texas to Florida; the transport of individuals from Texas to Massachusetts; printing written materials about the availability of services in Massachusetts; . delivering written materials about the availability of services in Massachusetts We want to also make it clear that we do not seek the production of any responsive records sent to or from the mailbox newsalerts@eog myflorida.com, which we understand to be @ general mailbox that sends and receives alerts containing links and content of media articles. Please exclude any responsive records sent to or from newsalerts@eog myflorids com If any portion of this request is readily available, please furnish that record immediately regardless of whether other portions of the request are not readily available. is important that the Agency understand that the term “record” as used herein shall have the same meaning and definition set forth in section 119,011(12}, Fla, Stat., and includes, but is not limited to, electronic records regardless of the physical form, characteristics, or means of transmission or receipt. Electronic records include, but are not limited to, email, text, sms, mms, iMessages, .doc, .docx, voicemail, Dropbox, ftp site, mobile application, intranet, VOIP, cloud file platform, social media platform, workplace communications tool, encrypted messaging app, or internal messaging systern. The above definitions and examples are not intended to be an exhaustive description of electronic records and the Agency must produce all records responsive to this request regardless of the format, or the means or method of transmission of any device or system capable of sending or receiving a message or record that is converted into alphanumeric characters. This request for records further includes any responsive records sent or received by the Agency via any private, nongovernmental account 2s well as those records maintained, stored or archivedin the cloud, on a shared drive, on the internet, via any electronic portal, via social media accounts, by screenshot or any other electronic system or device such as a cell phone, tablet, flash drive, computer or server that is capable of sending, receiving or storing digital information, This request is directed to the Agency, and any individual or entity acting on behalf of the Agency. See section 119.011(2), Fla. Stat, It also includes any individual acting on behalf of the agency using an alias or pseudonym, However, if the Agency itself does not have direct access or possession of any of the records responsive to this request, please construe this as a request under section 119.0701(3)(2}, Fla. Stat, and notify any third party in possession of responsive records of the request for public records and the statutory obligation to provide them within a reasonable period of time, Pursuant to section 119.07(1)(d), Fla, Stat., “[a] person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying.” Also, section 119.07(1}(e}, Fla. Stat., provides that “[ilf the person who has custody of a public record contends that all or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.” If you contend that any record, or portion thereof, is exempt from inspection, please state in writing the basis for the exemption and include the applicable statutory exemption, See section 119.07(1) (e), Fla. Stat. Additionally, pursuant to the requirements of section 119.07(1)(f), Fla. Stat., we hereby request that you explain in writing and with particularity the reasons for your conclusion that the record is confidential or exempt. We would direct your attention to the following statutory requirements set forth in section 119.07(1), Fla. Stat. (h) Even if an assertion is made by the custodian of public records that a requested record is not a public record subject to public inspection or copying under subsection, the requested record shall, nevertheless, not be disposed of for a period of 30 days after the date on which a written request to inspect or copy the record was served on or otherwise made to the custodian of public records by the person seeking access to the record. Ifa civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record, the custodian of public records may not dispose of the record except by arder of @ court of competent jurisdiction after notice to all affected parties. {i) The absence of a civil action instituted for the purpose stated in paragraph (g) does not relieve the custodian of public records of the duty to maintain the record as a public record if the record is in fact a public record subject to public inspection and copying under this subsection and does not otherwise excuse or exonerate the custodian of public records from any unauthorized or unlawful disposition of suchrecord (Emphasis added). Under the above statutory provisions, do not delete any records, even if you contend that such records are not a public record unless and until a judge of 2 court of competent jurisdiction has issued a final order authorizing you to do so. Immediately preserve all responsive records without delay. We are seeking the requested records in their native, digital electronic medium. See § 119.01(2)(f), Fla, Stat. For emails, we request that the records be produced in .pst format. For text messages, we request that you produce the records in the digital format by which the Agency archives text messages. For all other records, please produce them in their native digital format. We are requesting that you notify each and every individual and entity in possession of records responsive to this request, including third parties, and that all such records be preserved on an immediate basis. Please produce all records responsive to this request as provided by § 119.12(1}(b), Fla. Stat. If any costs are anticipated in fulfilling this request, please do not exceed $75 without advance written authorization and an invoice describing the nature of any special service charge allowed by law. IF you have any questions about the scope of this request, please do not hesitate to communicate the same to us at records@ flees. org. + Florida Center jv Government Accountability 1661 Ringling Biva, P.O. Box 2723 Sarasota, FL 34230 Email: [email protected] Website: www flega. org Please note that under Florida law correspondence sent to the Governor's Office, which is not confidential or exempt pursuant to chapter 119 of the Florida Statutes, is a public record made available upon request.CIR c From: Midna! Bart To: esanns. Onensovernment ce: ‘Bachan Petersen Subject: Records request Date: Wednesday, September 21,2022 10:28:00 PM ‘Attachments: maze01.soa Dear Custodian: This is a request for records pursuant to Chapter 119, Florida Statutes, otherwise known as the Public Records Act (“the Act”) and art. sec. 24 of the Florida Constitution on behalf of the Florida Center for Government Accountability. This request is for public records in the possession of the Executive Office of the Governor (“the Agency”), which includes its employees, agents, representatives, and any individual or entity acting on behalf of the Agency, regardless of the location of those records. We understand that a citizen is not required to make a written request to obtain public records Under the Act, but we want to be clear about what we are seeking from you. Additionally, a written request for records also serves to fulfil any notice requirements set forth in the Act, including, but ‘not limited to, section 119.12(1)(b), Florida Statutes, This written request satisfies the five-day notice provision contained in section 119.12(1)(b}. We will not provide any additional notice of your statutory obligation to timely furnish responsive records. Accordingly, we hereby request production of the following records made, sent or received by the ‘Agency, including its employees 1. Any record purporting to be a waiver signed by immigrants in San Antonio, Texas as part of any immigrant relocation program and flights to Martha's Vineyard, Massachusetts on September 14, 2022. 2, Any record purporting to be a waiver signed by immigrants aboard a flight from San Antonio, Texas to Crestview, Florida on September 14, 2022. 3. Any record purporting to be a waiver signed by immigrants aboard a flight from Crestview, Florida to Charlotte, NC on September 14, 2022. 4, Any record purporting to be a waiver signed by immigrants aboard a flight from Charlotte, NC, to Martha’s Vineyard, Massachusetts on September 14, 2022. If any portion of this request is readily available, please furnish that record immediately regardless of whether other portions of the request are not readily available. It is important that the Agency understand that the term “record” as used herein shall have the same meaning and definition set forth in section 119.011(12), Fla. Stat., and includes, but is not limited to, electronic records regardless of the physical form, characteristics, or means of transmission or receipt. Electronic records include, but are not limited to, email, text, sims, mms, Messages, .doc, docx, voicemail, Dropbox, ftp site, mobile application, intranet, VOIP, cloud file platform, social media platform, workplace communications tool, encrypted messaging app, or internal messaging system. The above definitions and examples are not intended to be an exhaustive description of electronic records and the Agency must produce all records responsive to this request regardless of the format, or the means or method of transmission of any device or system capable of sending or receiving a message or record that is converted into alphanumeric characters. This request for records further includes any responsive records sent or received by the Agency ia any private, nongovernmental account as well as those records maintained, stored or archived in the cloud, on a shared drive, on the internet, via any electronic portal, via social media accounts, by screenshot or any other electronic system or device such as a cell phone, tablet, flash drive,computer or server that is capable of sending, receiving or storing digital information This request is directed to the Agency, and any individual or entity acting on behalf of the Agency. See section 119.011(2}, Fla. Stat. It also includes any individual acting on behalf of the agency using an alias or pseudonym, However, if the Agency itself does not have direct access or possession of ‘any of the records responsive to this request, please construe this as a request under section 119.0701(3}(2}, Fla. Stat., and notify any third party in possession of responsive records of the request for public records and the statutory obligation to provide them within a reasonable period of time. Pursuant to section 119.07(1)(d), Fla. Stat., “[a] person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying.” Also, section 119.07(1)(e], Fla. Stat., provides that “iff the person who has custody of a public record contends that all or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.” If you contend that any record, or portion thereof, is exempt from inspection, please state in writing the basis for the exemption and include the applicable statutory exemption. See section 119.07(1) {e), Fla. Stat. Additionally, pursuant to the requirements of section 119.07(1}(), Fla. Stat., we hereby request that you explain in writing and with particularity the reasons for your conclusion that the record is confidential or exernpt. We would direct your attention to the following statutory requirements set forth in section 119.07(1), Fla. Stat {(h) Even if an assertion is made by the custodian of public records that a requested record is not a public record subject to public inspection or copying under this, subsection, the requested record shall, nevertheless, not be disposed of for a period of 30 days after the date on which a written request to inspect or copy the record was served on or otherwise made to the custodian of public records by the person seeking access to the record. Ifa civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record, the custodian of public records may not dispose of the record except by order of @ court of competent jurisdiction after notice to all affected parties. {i) The absence of a civil action instituted for the purpose stated in paragraph (g) does not relieve the custodian of public records of the duty to maintain the record a5 a public record if the record is in fact a public record subject to public inspection and copying under this subsection and does not otherwise excuse or exonerate the custodian of public records from any unauthorized or unlawful disposition of such record {Emphasis added). Under the above statutory provisions, do not delete any records, even if you contend that such records are not 2 public record unless and until a judge of @ court of competent jurisdiction has issued a final order authorizing you to do so. Immediately preserve all responsive records withoutdelay, We are seeking the requested records in their native, digital electronic medium. See § 119.01(2)(), Fla, Stat. For emails, we request that the records be produced in .pst format. For text messages, we request that you produce the records in the digital format by which the Agency archives text messages. For all other records, please produce them in their native digital format. We are requesting that you notify each and every individual and entity in possession of records responsive to this request, including third parties, and that all such records be preserved on an immediate basis. Please produce all records responsive to this request as provided by § 119.12(1)(b), Fla. Stat If any costs are anticipated in fulfiling this request, please do not exceed $75 without advance written authorization and an invoice describing the nature of any special service charge allowed by law. If yau have any questions about the scope of this request, please do not hesitate to communicate the same to us at [email protected]. orida Center jar Government Accountability 1661 Ringling Blvd P.O. Box 2723 Sarasota, FL34230 Direct 941.228.1575 | [email protected] flega.cre “When you're accustomed to privilege, equality feels like oppression.” - Franklin LeonardEXHIBIT From: ‘Decais Qnanous bs Mica! Bare Subject: RE: Records request Date: “Thursday, September 22, 2022 10:24:51 AM ‘Attachments: ime2e001.0n2 Good afternoon, ‘The Governor’s Office of Open Government is in receipt of your request for records as stated in your email below. If there is a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor. Sincerely, Office of Open Government From: Michael Barfield Sent: Wednesday, September 21, 2022 10:28 PM To: Desantis. OpenGovernment Ce: Barbara Petersen Subject: ‘ecords request Dear Custodian: This is a request for records pursuant to Chapter 119, Florida Statutes, otherwise known as the Public Records Act (“the Act”) and art. sec. 24 of the Florida Constitution on behalf of the Florida Center for Government Accountability. This request is for public records in the possession of the Executive Office of the Governor (“the Agency”), which includes its employees, agents, representatives, and any individual or entity acting on behalf of the Agency, regardless of the location of those records. We understand that a citizen is not required to make @ written request to obtain public records under the Act, but we want to be clear about what we are seeking from you. Additionally, a written request for records also serves to fulfill any notice requirements set forth in the Act, including, but not limited to, section 119.12(1)(b), Florida Statutes, This written request satisfies the five-day notice provision contained in section 119.12{1)(b). We will not provide any additional notice of your statutory obligation to timely furnish responsive records. Accordingly, we hereby request production of the following records made, sent or received by the ‘Agency, including its employees 1 Any record purporting to be a waiver signed by immigrants in San Antonio, Texas as part of any immigrant relocation program and flights to Martha’s Vineyard, Massachusetts on September 14, 2022. 2, Any record purporting to be a waiver signed by immigrants aboard a flight from San Antonio, Texas to Crestview, Florida on September 14, 2022. 3. Any record purporting to be a waiver signed by immigrants aboard a flight from Crestview, Florida to Charlotte, NC on September 14, 2022. 4, Any record purporting to be a waiver signed by immigrants aboard a flight from Charlotte, NC, to Martha's Vineyard, Massachusetts on September 14, 2022. If any portion of this request is readily available, please furnish that record immediately regardless ofwhether other portions of the request are not readily available. It is important that the Agency understand that the term “record” as used herein shall have the same meaning and definition set forth in section 119.011(12), Fla. Stat., and includes, but is not limited to, electronic records regardless of the physical form, characteristics, or means of transmission or receipt. Electronic records include, but are not limited to, email, text, sms, mms, iMessages, .doc, docx, voicemail, Dropbox, ftp site, mobile application, intranet, VOIP, cloud file platform, social media platform, workplace communications tool, encrypted messaging app, or internal messaging system. The above definitions and examples are not intended to be an exhaustive description of electronic records and the Agency must produce all records responsive to this request regardless of the format, or the means or method of transmission of any device or system capable of sending or receiving a message or record that is converted into alphanumeric characters. ‘This request for records further includes any responsive records sent or received by the Agency ia any private, nongovernmental account as well as those records maintained, stored or archived in the cloud, on a shared drive, on the internet, via any electronic portal, via social media accounts, by screenshot or any other electronic system or device such as a cell phone, tablet, flash drive, computer or server that is capable of sending, receiving or storing digital information, This request is directed to the Agency, and any individual or entity acting on behalf of the Agency. See section 119.011(2}, Fla. Stat. It also includes any individual acting on behalf of the agency using an alias or pseudonym. However, if the Agency itself does not have direct access ar possession of any of the records responsive to this request, please construe this as a request under section 119,0701(3)(a), Fla. Stat, and notify any third party in possession of responsive records of the request for public records and the statutory obligation to provide them within a reasonable period oftime. Pursuant to section 119,07(1)(d}, Fla. Stat., “[3] person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying.” Also, section 119.07(1}(e), Fla. Stat., provides that “[iJf the person who has custody of a public record contends that all or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.” if you contend that any record, or portion thereof, is exempt from inspection, please state in writing the basis for the exemption and include the applicable statutory exemption. See section 119.07(1) (e), Fla. Stat. Additionally, pursuant to the requirements of section 119.07(1}(), Fla. Stat., we hereby request that you explain in writing and with particularity the reasons for your conclusion that the record is confidential or exempt. We would direct your attention to the following statutory requirements set forth in section 119,07(1), Fla, Stat {(h) Even if an assertion is made by the custodian of public records that a requested record is not a public record subject to public inspection or copying under this subsection, the requested record shall, nevertheless, not be disposed of for a period of 30 days after the date on which a written request to inspect or copy the record was served on or otherwise made to the custodian of public records by the, person seeking access to the record. If 2 civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record,the custodian of public records may not dispose of the record except by order of @ court of competent jurisdiction after notice to all affected parties. {i) The absence of a civil action instituted for the purpose stated in paragraph (g} does not relieve the custodian of public records of the duty to maintain the record 28 a public record if the record is in fact a public record subject to public inspection and copying under this subsection and does not otherwise excuse or exonerate the custodian of public records from any unauthorized or unlawful disposition of such record (Emphasis added). Under the above stat ry provisions, do not delete any records, even if you contend that such records are not a public record unless and until a judge of a court of competent jurisdiction has issued a final order authorizing you to do so. Iinmediately preserve all responsive records without delay. We are seeking the requested records in their native, digital electronic medium. See § 119.01(2)(f), Fla, Stat. For emails, we request that the records be produced in .pst format. For text messages, We request that you produce the records in the digital format by which the Agency archives text messages. For all other records, please produce them in their native digital format. We are requesting that you notify each and every individual and entity in possession of records responsive to this request, including third parties, and that all such records be preserved on an immediate basis, Please produce all records responsive to this request as provided by § 119.12(1)(b), Fla. Stat. If any costs are anticipated in fulfilling this request, please do not exceed $75 without advance written authorization and an invoice describing the nature of any special service charge allowed by law. If you have any questions about the scope of this request, please do not hesitate to communicate the same to us at records@flega ove Florida Center jo-Government Accountability 1661 Ringling Blvd P.O. Box 2723 Sarasota, FL 34230 Direct 941.228.1575 | [email protected] ficga.ore “When you're accustomed to privilege, equality feels like oppression.” - Franklin LeonardPlease note that under Florida law correspondence sent to the Governor's Office, which is not confidential or exempt pursuant to chapter 119 of the Florida Statutes, is a public record made available upon requestSori From: Midna! Bart To! is. OvenGovernment Subject: RE: Records request, Date: Sunday, September 25, 2022 12:34:00 PM ‘Attachments: imsae0O1.en2 Dear Custodian: Pursuant to section 119.12(1}(b), Florida Statutes, notice is hereby given that no records have been furnished in response to the written public records request dated September 20, 2022, and that more than five business days have elapsed since receipt of the written request. As set forth in the written request dated September 20, 2022, the request sought the following records: 1. Any record sent or received by James Uthmeier regarding the migrant relocation program during the period between September 1, 2022, and 6:00 a.m. on September 15, 2022. 2. The phone log for any telecommunications device used by James Uthmeier to send or receive calls during the period between September 1, 2022, through 6:00 a.m. on September 15, 2022. “Phone log” means the record of calls made or received via any cellular device, landline or desk phone. 3, The text log of any cellular device used by James Uthmeier to send or receive texts during the period between September 1, 2022, through 6:00 a.m. on September 15, 2022. “Text log” means the record of any texts sent or received via any cellular or electronic device or messaging app. 4, All records sent to or received from Vertol Systems Company, including any agency, agent, representative, employee, attorney or other individual or entity acting on behalf of Vertol Systems Company, during the period between August 15, 2022, and 6:00 a.m. on September 15, 2022. 5. All records sent to or received from Greg Abbott, or any agent, representative, employee, attorney or other individual or entity acting on behalf of Greg Abbott, or the State of ‘Texas, during the period between September 1, 2022, and 6:00 am. on September 15, 2022, relating to any of the following subject matters: a, the migrant relocation program; b. the transport of individuals from Texas to Florida; «. the transport of individuals from Texas to Massachusetts; . printing written materials about the availability of services in Massachusetts; ¢. delivering written materials about the availability of services in Massachusetts If the records are not furnished by the close of business on Friday, September 30, 2022, we will refer this to our attorney to seek judicial enforcement of the Public Records Act.Michael Barfield | Director of Public Access (GE Movida Comer» Government Accountability 1661 Ringling Blvd. P.O. Box 2723 Sarasota, Fl 34230 Direct 941.228.1575 | [email protected] fieea.ore "When you're accustomed to privilege, equality feels like oppression.” - Franklin Leonard From: Michael Barfield Sent: Tuesday, September 20, 2022 11:57 AM To: Desantis.OpenGovernment Ce: Barbara Petersen Subject: Records request Dear Custodian: This is 2 request for records pursuant to Chapter 119, Florida Statutes, otherwise known as the Public Records Act {“the Act”) and art. |, sec. 24 of the Florida Constitution on behalf of the Florida Center for Government Accountability. This request is for public records in the possession of the Executive Office of the Governor (“the Agency”), which includes its employees, agents, representatives, and any individual or entity acting on behalf of the Agency, regardless of the location of those records. We understand that a citizen is not required to make a written request to obtain public records under the Act, but we want to be clear about what we are seeking from you. Additionally, a written request for records also serves to fulfil any notice requirements set forth in the Act, including, but not limited to, section 119.12(1)(b), Florida Statutes, This written request satisfies the five-day notice provision contained in section 119.12(1)(b}. We will not provide any additional notice of your statutory obligation to timely furnish responsive records. Accordingly, Agency, including its employees: fe hereby request production of the following records made, sent or received by the 1, Any record sent or received by James Uthmeier regarding the migrant relocation program. during the period between September 1, 2022, and 6:00 a.m. on September 15, 2022. 2. The phone log for any telecommunications device used by James Uthmeier to send or receive calls during the period between September 1, 2022, through 6:00 a.m. on September 15, 2022. “Phone log” means the record of calls made or received via any cellular device, landline or desk phone. 3. The text log of any cellular device used by James Uthmeier to send or receive texts duringthe period between September 1, 2022, through 6:00 a.m. on September 15, 2022. “Text log” means the record of any texts sent or received via any cellular or electronic device or messaging app. 4, All records sent to or received from Vertol Systems Company, including any agency, agent, representative, employee, attorney or other individual or entity acting on behalf of Vertol ‘Systems Company, during the period between August 15, 2022, and 6:00 a.m. on September 15, 2022. 5. Alll records sent to or received from Greg Abbott, or any agent, representative, employee, attorney or other individual or entity acting on behalf of Greg Abbott, or the State of ‘Texas, during the period between September 1, 2022, and 6:00 am. on September 15, 2022, relating to any of the following subject matters: a, the migrant relocation program; b. the transport of individuals from Texas to Florida; . the transport of individuals from Texas to Massachusetts; printing written materials about the availability of services in Massachusetts; ©. delivering written materials about the availability of services in Massachusetts We want to also make it clear that we do not seek the production of any responsive records sent to or from the mailbox which we understand to be a general mailbox that sends and receives alerts containing links and content of media articles. Please exclude any responsive records sent to or from aewsalertst If any portion of this request is readily available, please furnish that record immediately regardless of whether other portions of the request are not readily available, It is important that the Agency understand that the term “record” as used herein shall have the same meaning and definition set forth in section 119.011(12}, Fla. Stat., and includes, but is not limited to, electronic records regardless of the physical form, characteristics, or means of transmission or receipt. Electronic records include, but are not limited to, email, tex iMessages, doc, docx, voicemail, Dropbox, ftp site, mobile application, intranet, VOIP, cloud file platform, social media platform, workplace communications tool, encrypted messaging app, or internal messaging system. The above definitions and examples are not intended to be an exhaustive description of electronic records and the Agency must produce all records responsive to this request ms, mms, ardless of the format, or the means or method of transmission of any device or system capable of sending or receiving a message or record that is converted into alphanumeric characters. ‘This request for records further includes any responsive records sent or received by the Agency via any private, nongovernmental account as well as those records maintained, stored or archived in the cloud, on a shared drive, on the internet, via any electronic portal, via social media by screenshot or any other electronic system or device such as a cell phone, tablet, flash drive, computer or server that is capable of sending, receiving or storing digital information.‘This request is directed to the Agency, and any individual or entity acting on behalf of the Agency. See section 119.011(2), Fla, Stat. It also includes any individual acting on behalf of the agency using an alias or pseudonym. However, if the Agency itself does not have direct access or possession of any of the records responsive to this request, please construe this 2s a request under section 119.0701(3)(2}, Fla. Stat., and notify any third party in possession of responsive records of the request for public records and the statutory obligation to provide them within a reasonable period of time. Pursuant to section 119.07(1)(d), Fla. Stat., “[a] person who has custody of a public record who asserts that an exemption applies to 2 part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying.” Also, section 119.07(1)(e], Fla. Stat., provides that “Tiff the person who has custody of a public record contends that al or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.” IF you contend that any record, oF portion thereof, is exempt from inspection, please state in writing the basis for the exemption and include the applicable statutory exemption. See section 119.07(1) (e), Fla. Stat. Additionally, pursuant to the requirements of section 119.07(1)(f), Fla. Stat., we hereby request that you explain in writing and with particularity the reasons for your conclusion that the record is confidential or exempt. We would direct your attention to the following statutory requirements set forth in section 119.07(1), Fla. Stat {h) Even if an assertion is made by the custodian of public records that a requested record is not a public record subject to public inspection or copying under this subsection, the requested record shall, nevertheless, not be disposed of for 2 period of 30 days after the date on which a written request to inspect or copy the record was served on or otherwise made to the custodian of public records by the person seeking access to the record. fa civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record, the custodian of public records may not dispose of the record except by order of @ court of competent jurisdiction after notice to all affected parties. (i) The absence of a civil action instituted for the purpose stated in paragraph (g) does not relieve the custodian of public records of the duty to maintain the record 8 a public record if the record is in fact a public record subject to public inspection and copying under this subsection and does not otherwise excuse or exonerate the custodian of public records from any unauthorized or unlawful disposition of such record {Emphasis added)Under the above statutory provisions, do not delete any records, even if you contend that such records are not a public record unless and until a judge of a court of competent jurisdiction has issued a final order authorizing you to do so. Immediately preserve all responsive records without delay. We are seeking the requested records in their native, digital electronic medium. See § 119.01(2)(f Fla, Stat. For emails, we request that the records be produced in .pst format. For text messages, We request that you produce the records in the digital format by which the Agency archives text messages. For all other records, please produce them in their native digital format. We are requesting that you notify each and every individual and entity in possession of records responsive to this request, including third parties, and that all such records be preserved on an immediate basis, Please produce all records responsive to this request as provided by § 119.12(1)(b), Fla. Stat. If any costs are anticipated in fulfilling this request, please do not exceed $75 without advance written authorization and an invoice describing the nature of any special service charge allowed by law. If you have any questions about the scope of this request, please do not hesitate to communicate the same to us at [email protected]. (GE roviaa conter eGovernment Accountabi 1661 Ringling Blvd .0. Box 2723 Sarasota, FL34230 final: [email protected] Weisite: anu feFrom: Midna! Bart To! s.OsenGovemment ce: Haare Petean Subject: RE: Racor request Date: Wesnesday, September 28,2022 6:49:00 PM ‘Attachments: maze01.soa Dear Custodian: Pursuant to section 119.12(1}(b), Florida Statutes, notice is hereby given that no records have been furnished in response to the written public records request dated September 21, 2022, and that more than five business days have elapsed since receipt of the written request. As set forth in the written request dated September 21, 2022, the request sought the following records 1, Any record purporting to be a waiver signed by immigrants in San Antonio, Texas as part of any immigrant relocation program and flights to Martha’s Vineyard, Massachusetts on September 14, 2022. 2, Any record purporting to be a waiver signed by immigrants aboard a flight from San Antonio, Texas to Crestview, Florida on September 14, 2022. 3. Any record purporting to be a waiver signed by immigrants aboard a flight from Crestview, Florida to Charlotte, NC on September 14, 2022. 4, Any record purporting to be a waiver signed by immigrants aboard a flight from Charlotte, NC, to Martha’s Vineyard, Massachusetts on September 14, 2022. If the records are not furnished by the close of business on Friday, September 30, 2022, we will refer this to our attorney to seek judicial enforcement of the Public Records Act. Michael Barfield | Director of Public Access (GE tors contri Government Aecovataity 1661 Ringling Bie P.0. Box 2723 Sarasota, FL 34230 Direct 941.228.1575 | [email protected] flega.one “When you're accustomed to privilege, equality feels like oppression.” - Franklin Leonard From: Michael Barfield Sent: Wednesday, September 21, 2022 10:28 PM To: Desantis.OpenGovernment Ce: Barbara Petersen Subject: Records request Dear Custodian: This is a request for records pursuant to Chapter 119, Florida Statutes, otherwise known as the Public Records Act (“the Act”) and art. , sec. 24 of the Florida Constitution on behalf of the Florida Center for Government Accountability. This request is for public records in the possession of theExecutive Office of the Governor (“the Agency”), which includes its employees, agents, representatives, and any individual or entity acting on behalf of the Agency, regardless of the location of those records. We understand that a citizen is not required to make a written request to obtain public records Under the Act, but we want to be clear about what we are seeking from you. Additionally, a written request for records also serves to fulfil any notice requirements set forth in the Act, including, but not limited to, section 119.12(1)(b), Florida Statutes, This written request satisfies the five-day notice provision contained in section 119.12(1)(b}. We will not provide any additional notice of your statutory obligation to timely furnish responsive records. Accordingly, we hereby request production of the following records made, sent or received by the ‘Agency, including its employees 1. Any record purporting to be a waiver signed by immigrants in San Antonio, Texas as part of any immigrant relocation program and flights to Martha's Vineyard, Massachusetts on September 14, 2022. 2, Any record purporting to be a waiver signed by immigrants aboard a flight from San. Antonio, Texas to Crestview, Florida on September 14, 2022. 3. Any record purporting to be a waiver signed by immigrants aboard a flight from Crestview, Florida to Charlotte, NC on September 14, 2022. 4, Any record purporting to be a waiver signed by immigrants aboard a flight from Charlotte, NC, to Martha’s Vineyard, Massachusetts on September 14, 2022. IF any portion of this request is readily available, please furnish that record immediately regardless of whether other portions of the request are not readily available. It is important that the Agency understand that the term “record” as used herein shall have the same meaning and definition set forth in section 119.011(12), Fla, Stat., and includes, but is not limited to, electronic records regardless of the physical form, characteristics, or means of transmission or receipt. Electronic records include, but are not limited to, email, text, sms, mms, iMessages, .doc, docx, voicemail, Dropbox, ftp site, mobile application, intranet, VOIP, cloud file platform, social media platform, workplace communications tool, encrypted messaging app, or internal messaging system. The above definitions and examples are not intended to be an exhaustive description of electronic records and the Agency must produce all records responsive to this request regardless of the format, or the means or method of transmission of any device or system capable of sending or receiving a message or record that is converted into alphanumeric characters. This request for records further includes any responsive records sent or received by the Agency via any private, nongovernmental account as well as those records maintained, stored or archived in the cloud, on a shared drive, on the internet, via any electronic portal, via social media accounts, by screenshot or any other electronic system or device such as a cell phone, tablet, flash drive, computer or server that is capable of sending, receiving or storing digital information This request is directed to the Agency, and any individual or entity acting on behalf of the Agency. See section 119.011(2), Fla. Stat. It also includes any individual acting on behalf of the agency using an alias or pseudonym. However, if the Agency itself does not have direct access or possession of any of the records responsive to this request, please construe this 2s a request under section 119.0701(3)(a}, Fla. Stat., and notify any third party in possession of responsive records of the request for public records and the statutory obligation to provide them within a reasonable period of time.Pursuant to section 119.07(1)(d), Fla. Stat., “[a] person who has custody of a public record who asserts that an exemption applies to 2 part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying.” Also, section 119.07(1)(e], Fla. Stat., provides that “if the person who has custody of a public record contends that all or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.” If you contend that any record, or portion thereof, is exempt from inspection, please state in writing the basis for the exemption and include the applicable statutory exemption. See section 119,07(1) {e), Fla. Stat. Additionally, pursuant to the requirements of section 119.07(1}() Fla. Stat., we hereby request that you explain in writing and with particularity the reasons for your conclusion that the record is confidential or exempt. We would direct your attention to the following statutory requirements set forth in section 119.07(2), Fla. Stat {h) Even if an assertion is made by the custodian of public records that a requested record is not a public record subject to public inspection or copying under this subsection, the requested record shall, nevertheless, not be disposed of for a period of 30 days after the date on which a written request to inspect or copy the record was served on or otherwise made to the custodian of public records by the person seeking access to the record. if 2 civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record, the custodian of public records may not dispose of the record except by order of @ court of competent jurisdiction after notice to all affected parties. {i) The absence of a civil action instituted for the purpose stated in paragraph (g) does not relieve the custodian of public records of the duty to maintain the record 25 a public record if the record is in fact a public record subject to public inspection and copying under this subsection and does not otherwise excuse or exonerate the custodian of public records from any unauthorized or unlawful disposition of such record {Emphasis added) Under the above statutory provisions, do not delete any records, even if you contend that such records are not a public record unless and until a judge of a court of competent jurisdiction has issued a final order authorizing you to do so. Immediately preserve all responsive records without delay. We are seeking the requested records in their native, digital electronic medium. See § 119.01(2)(f), Fla, Stat. For emails, we request that the records be produced in .pst format. For text messages, we request that you produce the records in the digital format by which the Agency archives text messages. For all other records, please produce them in their native digital format. We are requesting that you notify each and every individual and entity in possession of recordsresponsive to this request, including third parties, and that all such records be preserved on an immediate basis. Please produce all records responsive to this request as provided by § 119.12(1)(b), Fla. Stat IF any costs are anticipated in fulfiling this request, please do not exceed $75 without advance written authorization and an invoice describing the nature of any special service charge allowed by law. IF you have any questions about the scope of this request, please do not hesitate to communicate the same to us at [email protected]. (EE, nora cee Government Accountability 1661 Ringling Blvd. P.O. Box 2723 Sarasota, FL 34230 Direct 941.228.1575 | [email protected] fegaorg “When you're accustomed to privilege, equality feels like oppression.” - Franklin LeonardEXHIBIT. From: Midna! Bart To: esanns. Ozensovernment Subject: RE: Martha's Vineyard Public Records Production Date: Friday, October 7, 2022 5:41:00 PM ‘Attachments: imae002.0n0 Imaae003.o0@ The production of responsive records is significantly incomplete. This is not a good faith response and the Agency has been given more than adequate time to produce all responsive records Michael Barfield | Director of Public Access > Florida Center or Government Accountability 1661 Ringling Blvd P.O. Box 2723, Sarasota, FL 34230 Divect 941.228.1575 | records@flega,ore Seer “When you're accustomed to privilege, equality feels like oppression.” - Franklin Leonard From: Desantis. (penGovernment Sent: Friday, October 7, 2022 5:22 PM To: Desantis.OpenGovernment Subject: Martha's Vineyard Public Records Production Good aftemoon, The Office of Open Government has been working to retrieve, review, and produce documents responsive to the many public records requests we have received regarding the flights to Martha’s Vineyard. In an effort to produce documents more efficiently, this office is retrieving, reviewing, and producing any documents related to the aforementioned flights. This is the first production and is, located online at the following link: Public Records Requests . The following production is available online: 1. 10-07-2022. Martha’s_Vineyard_Production_#1 Each subsequent production of documents responsive to requests on this subject matter will be released online at this link, Please continue to look periodically, as a rolling production of documents will continue to be released once responsive documents are reviewed, Sincerely, Office of Open Government Please note that under Florida law correspondence sent to the Governor's Office, which is not confidential or exempt pursuant to chapter 119 of the Florida Statutes, is a public record madeavailable upon request.