72013

Date: 08/18/16 Revision: 12/30/20 Reviewed: 11/23/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 118.09 Page : 1 of 2 SUBJECT: PUBLIC RECORDS; TEXT MESSAGES SHERIFF’S OFFICE BUSINESS I. PURPOSE : The purpose of this standard operating procedure is to define guidelines for storing and archiving text message communication conce rning Sheriff's Office business. II. SCOPE : This procedure shall apply to all Sher iff’s Office personnel regardless of whether the text message is sent and /or received on a Sheriff’s Office issued or personal cell phone. This procedure also appli es to S heriff’s Office personnel who receive stipends for cell phone usage. III. DISCUSSION : In order to adhere to the State of Florida’s public record laws, it is necessary to define guidelines for storing and archiving text messages being sent and /or receive d by Sheriff’s Office personnel . Personnel, sworn and civilian, who send and /or rec eive text messages on a Sheriff’s Office issued or personal cell phone that relate in any way to Sheriff’s Office business and are non -transitory shall follow the procedure s below for retaining these text messages. While the use of text messaging in connection with official agency business is not the preferred method for communication , there are instances when text messaging for law enforcement purposes is warranted. Email communication is highly recommended. IV. DEFINITIONS : A. Public Records - All docume nts, papers, letters, maps, books, tapes, films, photographs, sound recordings, data processing software, or other material, regardless of physical form, characteristics, o r means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any state, county, or municipal agency in Florida. B. Text Message - Electronic messages between two or more mobile phones or fixed portable devices over a phone network. These types of messages include text, images, videos, or sound content. C. Transitory Message - Text messages created primarily to communicate information of short -term value based upon the content and purpose o f the message. These types of text messages do not include substantive information. V. PROCEDURE : A. Text messages pertaining to any Sheriff’s Office business , that are non-transitory in nature, follow the same guidelines as email s, in that a text mes sage is considered a public record pursuant to Florida’s public record laws and may be viewed by any member of the public upon request. B. If an employee communicates using text messages and the communication is made or received in connection with th e trans action of official Sheriff’s Office business and is non-transitory, the text message is a public record. C. It is the obligation of the Sheriff’s Office employee , who sent and /or received the text message , to retain the message in a manner in which it can be reproduced in accordance with the Florida public record laws. GEN 118.09 12/30/20 Page 2 of 2 D. Sheriff’s Office Bu siness /Communications conducted by Sheriff’s Office p ersonnel: 1. Personnel , who utilize non-transitory text messaging for Sheriff’s Office business /communication on any type of phone , shall screen shot any and all text messages sent and /or received . 2. The screen shot shall then be e mailed to th e employee’s Sheriff’s Office e mail address. Utilizing the Sheriff’s Office email system is a preferred form of communic ation o ver text messaging, as e mails are automatically stored and archived by the Sheriff’s Office in compliance with Florida’s public records laws. 3. To allow for identification and retrieval, personnel shall provide enough specific information in the email’s “subject line” so that the email can be retrieved upon a public records request via a word search. E. Sheriff’s Office Business /Communication related to a criminal investigation conducted by Sheriff’s Office personnel: 1. Personnel , who utilize text messaging for Sheriff’s Office business /communication related to criminal investigation s on an y type of phone , shall screen shot any and all text messages sent and /or received. 2. The screen shot shall then be e mailed to the employee’s Sheriff’s Office email address. Utilizing the Sheriff’s Office e mail system is a preferr ed form of communication, as e mails are automatically store d and archived by the Sheriff’s Office in compliance with Florida’s public record laws. 3. To preserve the text message for evidentiary purposes , the e mail shall be printed and attached via a supplement to the General Offense Report. F. The failure of sworn and civilian personnel to properly retain Sheriff’s Office business and evidentiary -related text messages sent and /or received from Sheriff’s Of fice or personal cell phones is a violation of Florida Law and could result in civil liability for the Sheriff’s Office; administrative discipline for the individual employee; and could negatively a ffect criminal cases. Chad Chronister Sheriff Amend s or Supersedes: NEW