Challenges, PR

Question 1

Do you get AF if court finds the records requested were public?

Answer 1

No!
Order must say that LG unlawfully refused to provide access to PRs.

Question 2

If PL loses in t/c could AF be assessed against that person?

Answer 2

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.

Question 3

There is no requirement for public comment when it is acting in ___________ capacity.

Answer 3

Quasi-Judicial (other than parties).
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*I struggle w/ this. Try to remember:
Public comment is not substantial competent evidence.~

Question 4

Is LG required to provide copies of public records?

Answer 4

Yes. Permit inspection & copying.
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Mail it ONLY if given the appropriate fee.

Question 5

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?

Answer 5

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).

Question 6

Do advisory council mbrs get free public records?

Answer 6

No. Advisory Board mbrs must pay for PR.

Question 7

Can LG charge for travel costs, search fees, development costs, or other incidental costs of producing a record?

Answer 7

No.
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*confirmed 119.04(7) -
Actual costs of duplication, no overhead.
Exception = extensive clerical labor or IT resources