149 So. 3d 107
Fla. Dist. Ct. App.2014Background
- Petitioner Sabir Abdul-Haqq Yasir, an incarcerated individual, submitted two public-records requests to the Broward County Clerk (Sept. 3 and Oct. 1, 2012) seeking documents from his criminal-case file.
- Receiving no timely response, Yasir filed a petition for writ of mandamus on Dec. 26, 2012 to compel compliance with the Public Records Act.
- The trial court granted the mandamus petition; after that order the Clerk’s office produced the requested records.
- Yasir incurred copying and postage costs in obtaining the records and moved to tax those costs against the Clerk.
- The trial court summarily denied Yasir’s motion to tax costs without explaining its reasons.
- Yasir appealed; the Fourth District reversed and remanded because the trial court failed to make findings addressing whether the Clerk’s delay/refusal was justified under section 119.12.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to recover reasonable costs for enforcing public-records compliance under §119.12 | Yasir: Clerk unlawfully delayed/failed to produce records; he is entitled to reasonable enforcement costs and copying/postage costs | Clerk: (not represented on appeal; trial court provided no reasons for denial) | Reversed and remanded for findings on whether refusal/delay was unlawful and entitlement to costs |
| Whether unjustified delay constitutes "unlawful refusal" under §119.12 | Yasir: Delay between request and court-ordered production was unjustified and qualifies as unlawful refusal | Clerk: (no argument in record) | Court: Unjustified delay can constitute unlawful refusal; trial court must assess and make findings |
| Whether an incarcerated requester may recover copying, postage, and envelope costs | Yasir: Those costs are recoverable if reasonable | Clerk: (no argument in record) | Court: Such costs can be awarded to incarcerated requesters if reasonable; remand to evaluate reasonableness |
| Adequacy of trial-court order denying taxation of costs | Yasir: Order lacked findings and rationale | Clerk: (no argument in record) | Court: Summary denial without findings insufficient; reversal and remand required |
Key Cases Cited
- Weeks v. Golden, 764 So. 2d 633 (Fla. 1st DCA 2000) (mandamus appropriate to compel Public Records Act compliance)
- Weeks v. Golden, 846 So. 2d 1247 (Fla. 1st DCA 2003) (reasonable copying and postage costs may be awarded to incarcerated requesters)
- Lilker v. Suwanee Valley Transit Auth., 133 So. 3d 654 (Fla. 1st DCA 2014) (unjustified delay can constitute unlawful refusal under §119.12)
- Office of State Attorney for Thirteenth Judicial Circuit of Fla. v. Gonzalez, 953 So. 2d 759 (Fla. 2d DCA 2007) (delay/unlawful refusal precedent under public-records law)
- Barfield v. Town of Eatonville, 675 So. 2d 223 (Fla. 5th DCA 1996) (public-records enforcement costs and refusal principles)
- Brunson v. Dade County School Board, 525 So. 2d 933 (Fla. 3d DCA 1988) (public-records access and enforcement remedies)