CRESPOGRAM REPORT
JULY 9, 2014
BARRED FROM NUMEROUS GOVERNMENTAL COMPUTER NETWORKS FOR TELLING THE TRUTH
ARCHIVES2014_ARCHIVES.html

CONTACTCONTACT.html

RETURNSPLASH_XXX.html

SERIESSERIES.html

VIDEOSVIDEOS.html

TWITTERhttps://twitter.com/crespogram

July 8, 2014


Ms. Alyce Robertson

Executive Director

Downtown Development Authority

200 S Biscayne Boulevard

Miami, FL 33131


Dear Ms. Robertson:


Earlier this afternoon you replied to my public records request for a copy of the email address books - or email lists - that you use to send out information regarding the DDA's activities by claiming:


"On 7/8/14 6:00 PM, Alyce Robertson wrote:

No list exists at the Miami DDA, electronic or paper.  The individuals sign up in a web-based application."


Your response was to my request for the following public records:


1.) I want the master list(s) used by the DDA to send out newsletters, alerts and any and all other information to the residents of the DDA District.

2.) I want the master list(s) that you use to send out any and all information to the property owners in the DDA District

I initially wrote you back, pointing out the error of your claim, specifically detailing the process by which Constant Contact, the program that you use to both harvest and maintain your email data base handles those email addresses.


I then decided to go on your website and verified that in fact you harvest email addresses through a page on the DDA website that is connected to Constant Contact.  Just to see what would happen, I submitted my own email address and signed up to start receiving emails from your agency.


Surprise, surprise, this is the message that I received after my email address was accepted.


OLD SITEORIGINAL_SITE.html
ALYCE ROBERTSON OF THE DDA THOUGHT SHE WAS CUTE WHEN SHE DENIED MY PUBLIC RECORDS REQUEST FOR THE DDA’S EMAIL LISTS.  LET’S SEE IF SHE WANTS TO STAY CUTE 
AFTER MY LETTER
PART I

Somehow, you, and the folks around you seem to have forgotten that you are a taxpayer supported public agency created by the City of Miami and subject to ALL the provisions of Florida's Sunshine Law, and your claim that you will not "give the name or address" of those who subscribe to your newsletter to anyone is in direct contradiction of the provisions of the Florida Public Records Law. You cannot shield those email addresses from a public records request.


In fact, the Florida Attorney General has included very specific language that must be included by any agency that operates a website and uses email: (http://www.myflsunshine.com/sun.nsf/manual/5a60474cbfb8dbf4852566f30068571f)


"(2) E-mail address public records disclosure statement

Section 668.6076, F.S., requires that any agency as defined in s. 119.011(1), F.S., or legislative entity that operates a website and uses electronic mail must post the following statement in a conspicuous location on its website: (Emphasis mine.)

Under Florida law, e-mail addresses are public records.

  1. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing."


You thought you were cute when you responded to me this afternoon by stating that, "No list exists at the Miami DDA, electronic or paper."  But the legislature was cuter by understanding that underhanded weasels like you might attempt to claim that email addresses held in a computer off-site would not be subject to the public records law, as exhibited by the kind of duplicitous double-talk you just tried to pull on me. 


The DDA operates a website, and YOU not only use emails solicited through that website, but YOU ACTIVELY solicit emails through that website.  No matter where the electronic storage of those emails is located, you have incorporated that storage and service as part of YOUR website. 


Therefore, no matter where those email addresses are kept, YOU are the custodian of record for those emails because they are, by any definition,  public records and subject to the above provisions, regardless on whose computer they might be kept. 


In addition, my #2 request was "for the master list(s) that you use to send out any and all information to the property owners in the DDA District."  Clearly, you cannot claim that you DO NOT have an email list that you use to send out information to the property owners within the DDA boundaries separate from the email list that you use to send out your newsletters.


You keep making noises about how you would like to sue me Alyce, well, here's the deal, either you provide me the email addresses that I have requested and that I am legally entitled to under the provisions of Florida's Public Records Law  or I'm the one whose going  to sue.



al crespo