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Carden v. Chief of Police

District Court of Appeal of Florida, Second District
Nov 20, 1996
696 So. 2d 772 (Fla. Dist. Ct. App. 1996)

Summary

reversing and remanding for police chief to explain in detail special service charge of $4000 for public records request in light of statute's requirement that charge be reasonable

Summary of this case from Carl v. Colby

Opinion

No. 94-04432.

November 20, 1996.

Appeal from the Circuit Court, Hendry County, Franklin G. Baker, J.

Appellant Pro Se.

Appellee Pro Se.


Christopher Carden sued the Chief of Police of the City of Clewiston, claiming that the police chief failed to comply with his public records request. The trial court denied Carden's petition for writ of mandamus on the ground that the police chief had responded to the request. When Carden moved for rehearing, the court denied the motion as untimely. We reverse.

Carden's motion was filed within ten days from the rendition of the order it was timely. Although it appears the trial court correctly denied the original petition because the police chief had complied with Carden's request for certain police reports, there remained an additional issue concerning the special service charge that the chief required for his staff to research records that were not on computer — an amount in excess of $4,000.00. An excessive charge could well serve to inhibit the pursuit of rights conferred by the Public Records Act. Because section 119.07 (1)(b), Florida Statutes (1995), requires special service charges to be "reasonable," the police chief should be required to explain in more detail the reason for the magnitude of the assessment.

Reversed and remanded for rehearing.

PARKER, J., and FICARROTTA, GASPER J., Associate Judge, concur.


Summaries of

Carden v. Chief of Police

District Court of Appeal of Florida, Second District
Nov 20, 1996
696 So. 2d 772 (Fla. Dist. Ct. App. 1996)

reversing and remanding for police chief to explain in detail special service charge of $4000 for public records request in light of statute's requirement that charge be reasonable

Summary of this case from Carl v. Colby
Case details for

Carden v. Chief of Police

Case Details

Full title:Christopher CARDEN, Appellant, v. CHIEF OF POLICE, CITY OF CLEWISTON…

Court:District Court of Appeal of Florida, Second District

Date published: Nov 20, 1996

Citations

696 So. 2d 772 (Fla. Dist. Ct. App. 1996)

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