Miami Dade College v. Nader + Museu I, LLLP
Miami Dade College sought over $200,000 as a 'special service charge' under section 119.07(4)(d) for costs (including outside counsel fees) incurred in responding to a public records request that ripened into mandamus litigation. The Third DCA affirmed the denial, holding that MDC never provided the requester with an estimate or invoice of anticipated production costs before producing the records, contrary to both its own Procedure 2107 and section 119.07(4)'s requirement that production be conditioned 'upon payment of the fee prescribed by law.'
Key facts
- Miami Dade College sought to recover over $200,000 as a special service charge under section 119.07(4)(d) for costs incurred in responding to a public records request, including outside counsel fees.
- The trial court denied Miami Dade College's request for the special service charge, and the Third District Court of Appeal affirmed.
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Why it matters
This is the Third District's first clear statement that a Chapter 119 agency must front-load its special service charge — an estimate or invoice must precede production, or the charge is lost, even where the litigation… — full analysis with a trial
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