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SOP 118.09 Public Records, Text messages

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14 Questions

What is the primary purpose of retaining non-transitory text messages in a Sheriff’s Office?

To comply with Florida's public record laws

What type of text messages are considered public records?

Text messages related to official Sheriff's Office business

What should personnel do with non-transitory text messages sent or received on their personal phones?

Screenshot the messages and email them to their Sheriff's Office email address

Why is using the Sheriff's Office email system preferred over text messaging?

Emails are automatically stored and archived by the Sheriff's Office

What type of information should personnel include in the subject line of an email?

Enough specific information to allow for identification and retrieval

What is the purpose of taking a screenshot of a non-transitory text message?

To retain a copy of the message

What is a transitory message?

A message created primarily to communicate information of short-term value

Who is responsible for retaining non-transitory text messages?

The employee who sent or received the message

Why are emails preferred for communication in the Sheriff's Office?

Because they are automatically stored and archived

What is the purpose of printing and attaching the email to the General Offense Report?

To preserve the text message for evidentiary purposes

What would be the consequence of not properly retaining business and evidentiary-related text messages?

Civil liability for the Sheriff's Office

What is the first step in documenting text messages related to a criminal investigation?

Screen shotting the text message

Why are personnel required to screen shot and email their text messages?

To comply with Florida's public record laws

What type of personnel are required to follow the procedure for documenting text messages?

Both sworn and civilian personnel

Study Notes

Public Records and Text Messages

  • Transitory messages are text messages created for short-term value, do not include substantive information, and are not considered public records.
  • Non-transitory text messages related to Sheriff's Office business are considered public records and must be retained by employees.

Retention of Non-Transitory Text Messages

  • Employees must retain non-transitory text messages by taking a screenshot and emailing it to their Sheriff's Office email address.
  • This ensures the message can be reproduced and retrieved upon public records request.

Preferred Method of Communication

  • The Sheriff's Office email system is the preferred method of communication as emails are automatically stored and archived in compliance with Florida's public record laws.

Criminal Investigations

  • Personnel conducting criminal investigations must retain text messages related to the investigation by taking a screenshot and emailing it to their Sheriff's Office email address.
  • The email must be printed and attached as a supplement to the General Offense Report to preserve the text message as evidence.

Failure to Comply

  • Failure to properly retain Sheriff's Office business and evidentiary-related text messages is a violation of Florida Law and may result in civil liability for the Sheriff's Office.

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