Do I have to pay for the records that I am requesting?

• Pursuant to section 119.07(4) of the Florida Statutes, our office may impose the following fees:
  • Duplicated copies – 15 cents each page per one-sided copy
  • All other copies – Actual cost of duplication of the record (cost of materials used to duplicate the record, not including labor cost or overhead cost associated with such duplication)
  • Packaging and shipping charges: Estimated costs may be changed to reflect actual cost incurred
  • Pursuant to section 119.07(4)(d), If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both.

Will I receive an invoice prior to receiving the public records I have requested?

• Our office will provide a good-faith cost letter prior to significant extensive use costs being incurred to fulfill public records requests. However, depending on the nature, volume, and specificity of the request, labor costs may be incurred prior to the issuance of a good-faith invoice, and these costs cannot be waived.
• This cost letter will be provided via email if the request was made from our online portal, otherwise this cost letter will be provided to the requestor in the same medium that the request was made.
• Once our office has received payment for the public records request, we will begin to process the request.

Can I decide after receiving the cost letter that I do not want all of the records I have requested?

• In general, narrowing, focusing and making your public records request as specific as possible may reduce the “extensive use” costs.
• Labor costs can be reduced significantly if requests include keywords instead of open-ended terms such as “any and all records.” Similarly, narrowing a request to certain individuals, a specific event, or a particular date range can greatly reduce the use of extensive labor.

Are there records that are exempt from public records requests?

• Some records are considered exempt and/or confidential and thus, not available through a public records request. Specific statutory exemptions are contained throughout Florida Statutes. Please refer to Florida Statutes Section 119.071 for the statutory exemptions.

How long will my request take?

• Pursuant to Florida Statute 119.07(1)(a), our office is to complete your public records request in a reasonable time. All public records requests are promptly processed and an acknowledgement of the request is sent to the requestor. Once payment has been received (if applicable), the responsive records will be retrieved, the records must be manually reviewed, and redaction may be required to prevent confidential or exempt information from being disclosed. Each request is unique and requires time to research and review. The nature and volume of the responsive records may increase the time it takes to fulfill requests.

What if I don’t pay the invoice amount or clarify my request upon receipt of the cost letter?

• Public records requests will be closed if the requesting party fails to pay the final invoice, or fails to respond to inquiries for clarification pertaining to a public records request for thirty (30) days following the issuance of the invoice or clarification inquiry.
• If you have previously received a final invoice or a good-faith deposit invoice for labor and/or duplication costs incurred for your request and you have not paid the costs associated with that request, our office will not provide records until payment is received.
  • After payment is received, the outstanding request will be resubmitted and processed as a new request. If a response to an inquiry for clarification is made after 30 days from the inquiry, the request will be resubmitted and processed as new request.

Who is the records custodian to contact if I have questions?

• Jacob C. Westbrook
  Assistant State Attorney
  Public Records
  Office of the State Attorney, R.J. Larizza
  251 N. Ridgewood Ave.
  Daytona Beach, FL 32114
  Phone: (386) 239-7710