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Karl Denninger 314 Olde Post Road Niceville, FL 32578 |
From the Desk of Karl Denninger
January 2, 2005
Sandra Cook
Wakulla Park Manager
550 Wakulla Park Drive
Wakulla Springs, FL 32327-0390
Fax: 850-561-7251
Florida Department of Environmental Protection
Division of Recreation and Parks
3900 Commonwealth Boulevard
Tallahassee, FL 32399
Delivered by fax with hardcopy follow-up
Dear Sir or Madam:
This is an official request under the Florida Open Meeting Records Act, Title X, Chapter 119 and the Florida State Constitution, Article 1, Section 24; the latter provides, specifically in part:
SECTION 24. Access to public records and meetings.--
(a) 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 of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution.
(b) All meetings of any collegial public body of the executive branch of state government or of any collegial public body of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public and meetings of the legislature shall be open and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted pursuant to this section or specifically closed by this Constitution.
You are hereby requested under the above captioned law and section of the Florida Constitution to perform a search for the following records pertaining to diving access in any portion of the Wakulla State Park system, including but not limited to the Wakulla, Emerald and Cheryl Sinks:
1. All meeting minutes, memoranda of understanding, permits, and permit applications.
2. All documentation backing up or attached to any such permit or permit application, including all original and follow-up documentation and communication, irrespective of the means or format of such communication or documentation.
3. All correspondence with any person or agency, irrespective of their affiliation, in relationship to any such permit or application filed, denied, tabled or granted in relationship to diving activity at any of these sites.
4. The specific dates, times and meetings, including the attendees and their affiliation and position both within and outside of Florida Government, during which any permit, permit application, memorandum of understanding, operating agreement or other matter relating to diving in any manner, was discussed, tabled, voted upon or at which commentary was taken under consideration, along with the specific material presented or given to the organ of government in question. Please provide evidence that all such meetings where this official business was discussed were properly noticed under the “Florida Sunshine Law”.
5. Any votes, decisions, denials or issuance of the above-mentioned permit(s), operating agreement(s) or memoranda, along with all supporting documentation and justification for said decision(s) that were made, including the identity and title of all persons voting or deciding for or against any such matter brought before said organ of government.
6. Any advisory status granted, either formally or informally, and any reference given to any person or agency outside of the Florida Government in an attempt, formally or informally, to delegate any form of responsibility for decision making over these matters, and the specific statutory authority under which such delegation took place.
7. Any and all documentation substantiating that any granted Memoranda of Understanding or permits have been complied with in full, any violations which have been reported or investigated, and any sanction(s) which have been applied for same, including but not limited to substantiation that any diving which OSHA would deem “commercial” in nature has been conducted under OSHA approved guidelines for commercial diving operations.
8. Any and all correspondence to or from any member of the “Woodville Karst Plain Project” (WKPP) related to any such matters, irrespective of the form, type or method of such communication.
This request is to include but is not limited to the currently circulating petition which has been sent to your office from Johnny Richards on behalf of the IANTD, TDI, NSS-CDS, NACD, GUE and multiple individuals, yet of even date has received no reply.
If you are aware of any other agency with which the “WKPP” has communicated regarding diving access from State Park Owned Land, you are further requested to provide me with all such agency names and where known, persons whom have had such contact within the previous twenty (20) years.
Under the Florida Open Meeting Records Act, this request is to be construed in the most expansive manner possible, to encompass all records which do or may bear on the subject matters requested, without redaction or editing.
I request a response within fourteen (14) days in writing, setting forth the following:
1. The cost of having said copies prepared by the park service, on a per-record and/or per-page basis, itemized to the maximum practical extent. Per Section 119.07 of Title X, you are requested to estimate the cost of providing said records in an itemized format before these costs are incurred under the standards established by the aforementioned Statute.
2. If this request for cataloging said records cannot be completed within the fourteen (14) day period, or will require an inordinate amount of time and expense as set forth under Section 119.07(1)(b) of Title X, you are requested to provide an estimate of time and cost for completion of the indexing of this original request, and a contact person, including title, full name and office telephone number, where follow up questions may be directed.
3. The location of all such records and their format.
4. For each record you identify but refuse to produce, the specific statutory authority cited for your refusal for each record or portion thereof under which privilege is cited.
5. The hours during which I may come to examine and photograph, at my time and expense, any records which I desire should I elect not to have the Department make and mail those copies to me directly and at my expense.
I may be contacted by telephone at 850-XXX-YYYY with questions regarding this matter; however, no telephone conversation shall supersede this original written request.
Sincerely,
Karl Denninger
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