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In this case from the Second DCA, the court examined the legislative history of the provisions of Ch. 119 that authorize agencies to charge for "extensive" clerical or supervisory time required to respond to public records requests and decided that such a charge may be based upon the salary plus benefits of the agency employees whose time is required to respond to such requests.
The court also expressly approved the practice of requiring an advance deposit before the agency undertakes the work necessary to respond to a records request.
The opinion tacitly approves of an agency rule or policy that defines "extensive" for these purposes as any request requiring more than 15 minutes of the agency's time to respond to it and also clarifies and confirms that the service charge applies irrespective of whether the request is for copies of records or merely for inspection.
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2 comments:
Once again redefines the law and since the taxpayers are paying for their salary in the first place. There should be no charge at all or send the clerk home because they have no work, obviously.
Seems like the courts in the 2nd DCA are writing their own law. For example, in Borkosky v. Town of Lake Placid, the court decided, despite NO evidence presented, that LP was not required to provide an electronic copy of its electronic records. The appeals court curriam affirmed it, so that no further action was possible....
Bruce Borkosky
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