October 10, 2008

 

 

 

Via Facsimile at (305) 654-1388

Dear J. Williams:

 

On September 21, 2008 at 4:11 p.m. you sent an email from datdivanj01@live.com requesting information regarding a prior public records request and asking questions. Some of the email appears to be a request for public records pursuant to Chapter 119, Florida Statutes.

 

I have not been available to respond to you and mistakenly believed another individual was responding to your inquiry. When I received an email from you September 30, 2008 at 3:26 p.m., I determined that your questions and new public records request had not been responded to. I apologize for the misunderstanding.

 

The following is a list of the questions/requests made by you and our response:

 

1. "Reason why you refused to email the records requested since they are kept electronically."

 

This was not a refusal and we believe we satisfied the requirements of Chapter 119, Florida Statutes, by providing the documentation in a reasonable time frame.

 

2. "Explanation as to why I was charged $20.73 for a one page document."

 

There was a research fee of $20.58 and $ .15 fee for the single page. In actuality, the research fee was undercharged but we are not seeking any additional fees. Further, the document was created as a courtesy. Chapter 119, Florida Statutes does not require the creation of documents. We did, however, create this document for you so that you would have the information you were seeking.

 

3. "Fee schedule for your office when responding to Public Records Request."

 

 

The fee schedule depends on the type of request made and the individuals required to work on making the records available. We comply with the requirements of Florida Statute. We typically send a letter outlining the hourly rates of the individual working on the request, the attorney that will review it, and the estimated number of pages. Attorney review time to determine exemptions from the public record is typically in the range of $50.00 per hour. Computer search time is typically at the rate of $ 38.40 per hour. And we charge $ .15 per page to duplicate the records.

 

4. "Copy of your most recent retention schedule form."

 

We are treating this as a new request for records pursuant to Chapter 119, Florida Statutes. A copy is available for the total cost of $ .60. Upon receipt of the $ .60 we will either fax, mail, or provide a copy to your or your designated representative at our office.

 

5. "Copy of your most recent Records Disposition Document Form."

 

We are treating this as a new request for records pursuant to Chapter 119, Florida Statutes. There are no documents maintained by this agency responsive to your request.

 

6. "Record Inventory Worksheet."

 

We are treating this as a new request for records pursuant to Chapter 119, Florida Statutes. There are no documents maintained by this agency responsive to your request.

 

 

7. "Electronic Record Management Practice."

 

We are treating this as a new request for records pursuant to Chapter 119, Florida Statutes. There are no documents maintained by this agency responsive to your request.

 

 

 

Sincerely,

 

WILLIAM N. MEGGS

STATE ATTORNEY

 

 

Jackie Lee Fulford

Assistant State Attorney