HOW TO USE FOIA AND PUBLIC RECORDS REQUEST

"Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee with respect to records exempted pursuant to this section or specifically made confidential by this Constitution."

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Two Methods for Monitoring DOC and BOP Employees
and Other People in Prison (or Out):

STATE PUBLIC RECORDS REQUEST -
http://www.datacenter.org/research/publicrecords.htm

and

FREEDOM OF INFORMATION ACT aka FOIA,
which guarantees us the right to obtain public records.
http://foia.state.gov/

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Hi Kay Lee.  When you make a public records request in Florida, you can just say that you are making the request pursuant to the Florida public records law, which is "Chapter 119, Florida Statutes."   You need to direct the request to the records custodian, which is whatever office should actually have the records.  If you're really not sure, you could send it to DOC Central Office because they probably are technically the custodians of all Florida prison records.  If you want records from a particular prison, though, I would direct the request to the warden. 

Hope that helps! 
Lisa Shirley
Attorney's Office

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Kay:

1. I have attached the FOIA request that I use.
2. I guess it depends on what you are looking for. If it was investigated by an outside agency, such as FBI or FDLE you would do one there. Otherwise, just do one to DOC directly and send it to the main office in Tallahassee. Or if you are looking for crime stats, I think that request would also go to FDLE. Basically, whatever the request is asking for, you have to figure out which state or federal department handles that information.
3. Same as two, it depends on what you are looking for.

ATTACHMENT:  FOIA FBI.doc

Kristen Gallas
Attorney's Office

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SAMPLE FOIA REQUEST AS APPLIES TO FEDERAL AGENCIES:

“Pursuant to the Freedom of Information Act (FOIA) at 5 USC § 552, I am requesting any documents in your possession (…)

If you claim an exemption for all or part of the records, please comply with the FOIA by stating in writing and in a timely manner the basis of the exemption that you contend is applicable to the record, including the statutory citation to an exemption created or afforded by statute.  Please state, in writing and with particularity, the reasons for the conclusion that the record is exempt.  If the records are not in your custody, please identify the current custodian.  Pursuant to the FOIA, we expect to receive a response from you within twenty (20) days.”

To request information from a federal agency about prisons, you can send the request to the USDOJ at FOIA/PA Branch.

Civil Rights Division
Room 311, NALC Building
950 Pennsylvania Avenue, N.W.
Department of Justice
Washington, DC 20530

If you want to request information from a state agency, you can do so under the state public records law.  In Florida, you can use this language:

“This is a formal request pursuant to the Florida Public Records Act, Sections 119.01 et seq., Florida Statutes, for immediate copying of public records in your possession.  I am seeking the following records and information: (…)

"If the records requested are not in your custody, please identify the current custodian.  If you claim an exemption for all or part of any record that is otherwise responsive to this request, please comply with section 119.07(2)(a), Florida Statutes.”

Other states have other public records laws.  You can direct requests about Florida prisons to

The Florida Department of Corrections. 
CENTRAL OFFICE
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
(850) 488-5021

You can adjust out of State prison info appropriately.

Cassandra Capobianco
Attorney's Office

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FLORIDA STATE PUBLIC RECORDS REQUEST can be as simple as:

"Under FOIA, I am now making a formal public records request for the following information: 

1) the full report of XX.
2) a copy of the investigation done by the inspector, with audio tapes, if any
3) any grievances filed by XX and the responses
4) ALL progress reports/reviews, since XX's incarceration
5) Overall Inmate Record as of  today's date.

Please send me the cost via email and I will mail a check/money order." 

Or as detailed as:

SAMPLE
Florida Public Records Request
http://www.stateofflorida.com/Portal/DesktopDefault.aspx?tabid=13

Please note that a public records request does not have to be made in writing. However, I'd suggest you follow up your verbal request with a written request sent via snail mail. A few days later, when your written request has had time to reach the recipient, you can speed things up with a phone call to get costs etc.

The following letter can be used a model. Simply fill in the appropriate date, address, and salutation, and describe the records you are requesting.

"Pursuant to Article I, section 24, of the Florida Constitution, and select the corresponding legal citation: state agency or local government - chapter 119, F.S.; legislative records - s. 11.0431, F.S.; or judicial records - Rule 2.051, Fla. Rules of Judicial Administration, I am requesting select: INSPECTION and/or COPIES of the following public records: describe the records you are requesting.

"Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the exact statutory citation authorizing the denial, as required by s. 119.07(1)(d), F.S. [The phrase, "as required by s. 119.07(1)(d), F.S." should be deleted from requests for legislative or judicial records.]

"I will contact your office within select a specific period of time: 24 hours; 48 hours; one week; etc. to discuss when I may expect fulfillment of my request, and payment of any statutorily prescribed fees. If you have any questions in the interim, you may contact me at fill in a telephone number where you can be reached. Thank you.  Sincerely,  [your name and all contact info]"

A Fully Automated, Fill-in-the-Blanks online form is provided by:

State Open Records Law Request Letter Generator  
http://www.splc.org/foiletter.asp

First Amendment Foundation Sample Public Information Request
www.floridafaf.org/samplerequest.htm