Sunshine laws and search fees
From Sunshine Review
Contents |
[edit] Search fees
[edit] Texas
The TPIA allows a government agency to charge for "all costs" associated with making copies of public information, including labor and overhead, in addition to the cost of materials. Agencies can also charge for staff time in redacting exempted materials. Search and retrieval fees are not supposed to apply when 50 or fewer pages of documents are requested, although there are certain conditions here as well.
[edit] Florida
Special service charges over-and-above copying fees are permitted by the Florida Sunshine Law in some circumstances:
- According to a 1995 statute, this fee is intended for those times when the records requested "require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency."
- "Information technology resources" is defined as "data processing hardware and software and services, supplies, personnel, facility resources, maintenance and training, or other related resources."
- Charges levied under this 1995 statute are supposed to reflect the actual costs of the agency that does the work.
[edit] No search fees
[edit] Illinois
Statute 5 ILCS 140/6, Ch. 116, paragraph 206 of the Illinois Freedom of Information Act says:
- "Such fees shall exclude the costs of any search for and review of the record."
[edit] New York
The FOIL does not allow agencies to charge for the time spent searching for requested records.
[edit] References
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