PRR - Text Messages

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    ANGELA B. COREY

    STATE ATTORNEY

    March 4,2016

    J oe Daraskevich

    Florida Times Union

    J [email protected]

    Re: Public Records Request

    February 23, 2016

    Dear Mr. Daraskevich,

    The Office of the State Attorney, Fourth J udicial Circuit, in and for Clay, Duval, and Nassau Counties ( the Office )

    received your Public Records Request on F ebruary 23, 2016. In response to your request, an Acknowledgement

    notification was sent to you by electronic mail on F ebruary 24,2016.

    You have requested:

     [a]ll public record text messages sent by or received by State Attorney

    Angea Corey between 12:01 am Monday, J anuary 25 and 12:01 am

    Monday, February 1, including all public records text messages sent or

    received on a personal communication device. (emphasis added.)

    A public record encompasses all materials made or received by an agency in connection with official business

    which is used to perpetuate, communicate, or formal ize knowledge. [See Shevin v. Byron, Harless, Schaeffer,

    Reid and Associated, Inc. 379 So.2d.633 (F la., 1980)] Text messages are transitory and are not incorporated

    within the referenced definition unless the message is sent or received to memorialize an act or action by the

    Office.

    The Office and the State Attorney only use transitory text messages to communicate and not to formalize

    knowledge. Text messages are informal and have no administrative value. A text message is analogous to a

    voicemail, sticky-note or telephone message. Thus, because these informal communications are not a Public

    Record, there is no information, reating to your request that is subject to Article 1 Section 24, of the Florida

    Constitution and F lorida Statutes, Section 119.07.

    If you have any questions or would l ike to discuss our response with me, I would welcome the opportunity.

    Thank you in advance for your time and consideration.

    Sincerely,

    /

    Andrew Kantor

    Assistant State Attorney

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