Challenges, PR Flashcards
Do you get AF if court finds the records requested were public?
No!
Order must say that LG unlawfully refused to provide access to PRs.
If PL loses in t/c could AF be assessed against that person?
No UNLESS bad faith or frivolous.
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As against LG - If PL can’t prove violation but was a reasonable inference, no AF.
There is no requirement for public comment when it is acting in ___________ capacity.
Quasi-Judicial (other than parties).
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*I struggle w/ this. Try to remember:
Public comment is not substantial competent evidence.~
Is LG required to provide copies of public records?
Yes. Permit inspection & copying.
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Mail it ONLY if given the appropriate fee.
If a requestor identifies a record with sufficient specificity to permit the agency to identify it and forwards the appropriate fee, must the agency mail it?
Yes. If given the fee.
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Permit inspection & copying (can charge up to $.15 + $.05 for 2-sided; $1 for certified).
Mail it ONLY if given the appropriate fee.
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Cf. Wootton v. Cook, 590 So. 2d 1039, 1040 (Fla. 1st DCA 1991) (if the requestor identifies a record with sufficient specificity to permit the agency to identify it & forwards the appropriate fee, the agency must furnish by mail a copy of the record).
Do advisory council mbrs get free public records?
No. Advisory Board mbrs must pay for PR.
Can LG charge for travel costs, search fees, development costs, or other incidental costs of producing a record?
No.
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*confirmed 119.04(7) -
Actual costs of duplication, no overhead.
Exception = extensive clerical labor or IT resources
Is a delay in providing public records in of itself a violation of the public records law?
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How long is the correct & acceptable amount of time in which to respond?
No, reasonable delay ( to gather, review, redact, etc.) is to be expected.
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The amount of time that a reasonable person would require.
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Johnson vs. Jarvis.
