Fl National Guard jurisdictional -- conflict on open records FYI, let me know if you want off the email list

[Dwight Hines]

Dwight Hines, Ph.D.
IndyMedia
P.O. Box 562
St. Augustine, Florida 32085

August 22, 2009

Mr. Mike Switzer, Civilian,
Rank & Title-Unknown
Florida National Guard
2305 S.R. 2007
St. Augustine, FL 32086

Dear Mr. Switzer:

Pursuant to Chapter 119, Fla.Stat. (2009), I am requesting:

(1) an opportunity to examine and review, and possibly make copies of
the owner names, ranks, assignments, and vehicle license plate numbers
for all civilian vehicles that have embossed, or engraved, or painted,
or burned into the vehicle’s license plates any words or symbols or
insignia that identify the vehicle as related to, or in the service
of, the “Florida National Guard”, or the “Army Reserve”, or the
“National Guard”, or any other military entity, such as “Coast
Guard.”, for the past 7 years.

(2) an opportunity to examine and review the guidelines, and
requirements, and criteria for any person to obtain specialized
license plates identified in paragraph (1) above;

(3) an opportunity to examine and review the guidelines explaining or
specifying what the responsibilities are of the driver of any vehicle
with specialized vehicle license plates as specified in paragraph (1)
for the past 7 years.

4)  an opportunity to examine and review any non-criminal complaints
made against any driver of any vehicle with specialized vehicle
license plates as specified in paragraph (1) within the past 10 years;

(5)  an opportunity to examine and review the result of any criminal
investigation or prosecution via civilian or military code or
administrative disciplinary actions — related to or about any driver
of any vehicle with specialized vehicle license plates as specified in
paragraph (1) within the past 20 years.

(6)  an opportunity to examine and review the guidelines,
restrictions, requirements or suggestions on the possession of, use
of, or display of weapons of any type by the driver of any vehicle
with specialized vehicle license plates as specified in paragraph (1)
for the past five years.

(7) an opportunity to examine and review any and all records of the
vehicles specified in paragraph (1) that pertain or relate to the
vehicle or the driver being involved in any action or event or case or
investigation as a law enforcement agent, or putative law enforcement
agent, of any type inside or outside the State of Florida, within the
past 20 years.




(8) an opportunity to examine and review any and all records of the
vehicles specified in paragraph (1) that pertain or relate to traffic
violations for the driver of the vehicle with tags specified in
paragraph (1) in and outside of the State of Florida, for the past 5
years.

Although the Florida National Guard is a Constitution-based State of
Florida agency, I understand that the Florida National Guard has
opined that components of the Florida National Guard are not
answerable to or responsive to Florida State Public Records laws or to
the Governor of the State of Florida.  If the Florida National Guard
interprets these public records requests, in part or in total, as
falling under Federal jurisdiction, please notify me, in writing, of
the legal bases for that decision and forward these requests to the
appropriate federal agency or department.

In order to comply with FOIA requirements, I am making this letter a
parallel request for documents, as specified in paragraphs (2) through
(7) above, in electronic or hard copy format, pursuant to the United
States Freedom of Information Act.  Because the material I am
requesting will be used in articles and essays to be published in
electronic format (the “Internet”) and published in hard copy format
(local and state and national traditional media), and because I am a
member of the professional group Investigative Reporters and Editors,
and because I have previously published numerous news and non-news
articles in hardcopy and electronic formats, and because the
information I am requesting is of great public news interest, I am
requesting a waiver of all fees.  I am willing to pay a minimum fee of
$25.00 but it’s important to note I have never been required to pay a
fee by federal agencies, including but not limited to the United
States Post Office and the Drug Enforcement Agency and the United
States Air Force.

Finally, I am requesting expedited review and response to my requests
because they will be used in news articles and are of great public
interest.

Dwight Hines

Copy:

Impunity Watch

Stetson Kennedy


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