EXAMPLE: A court rule provides that a judge must inform a person convicted of a crime of his or her right to an attorney to pursue an appeal if he or she so desires. Since all comments by the judge are transcribed, a record is produced that will eliminate any question whether the person was informed of his or her rights.
How-To: Submit a Public Records Request to the FCHR
| Background: | The FCHR is a state agency; serving the public. |
| Problem: | You lack information which the FCHR has. |
| Solution: | You make a formal request to the FCHR. |
I. Definitions
II. Legal Citations
III. Sample
| Recipient: | FCHR Clerk (tammy.barton@fchr.myflorida.com) |
| Subject: | Records Request | §760.06(4) Gifts & Things | 2016 |
| Body: |
Dear FCHR, Pursuant to §119 Florida Statutes, may I please have all documents and recordings (including but not limited to journals, diaries, notes, calendars, e-mails, electronic files, photographs, videotapes, audiotapes, CDs, DVDs, including all hard copy transcriptions thereof) that relate to:
Thank you, John Doe, Pro Se Litigant 123 Anystreet Anytown, FL 34567 P: (123) 456-7890 E: johndoe@TextBookDiscrimination.com |
IV. Quick Analysis
- This sample shows a person ("John Doe") making a public records request to the FCHR.
- He cited the law that permitted him to make the request ("§119 Florida Statutes")
- Plus - as a bonus - he outlined why the FCHR would be the proper custodian of records (ie, "These items fall under §760.06(4), Powers of the [FCHR]"
- Important Note: You have a "statutory right" to the FCHR's public information (see Part I above).
- The FCHR has a "ministerial duty" to oblige.
- This is key, because if they delay/refuse then you can request a Writ of Mandamus to obtain compliance.
- see this example (2020-CA-1971; Duval County, Florida)
- Which should ultimately lead to you receiving the requested material.
- This is key, because if they delay/refuse then you can request a Writ of Mandamus to obtain compliance.
- The somewhat verbose request (ie, "including but not limited to...") serves to minimize delays/jive
(see Part II above). You'll find a lot of this kind of legal jargon throughout your case/research.
V. Additional Notes
- You can also use this methodology to request public information from other state agencies (eg, DOAH).
- The federal counterpart to this state right is the Freedom of Information Act (5 USC § 552) (FOIA). Which you've probably heard of before.
VI. Additional Resources
- EEOC Records Requests
- FCHR Records Requests
- Jacksonville Sheriff's Office
- Sunshine Manual
- PDF Download
- see Part II ("Public Records")
- Interactive Version (hyperlinks; comments; likes; quizzing; scoring; etc.)
- Open Government at MyFloridaLegal.com
- PDF Download
VII. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
