Fees
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FOI Advisory Council Opinion AO-21-03
If database is maintained in digital form, the records custodian cannot limit dissemination of the database to paper format only. Circuit courts cannot charge 50 cents per page for records subject to FOIA when those records are provided electronically; clerk could charge for search time and cost of computer disks.
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FOI Advisory Council Opinion AO-20-03
When providing records that have already been assembled for easy public access, the government is not required to charge requesters anything for those records, much less the amount it cost to first compile the records for an earlier requester. Government does not have an obligation to lend out a CD of public records for requesters…
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FOI Advisory Council Opinion AO-08-03
A public body cannot charge a requester for the cost of compiling a requested record that had already been compiled for an earlier requester.
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FOI Advisory Council Opinion AO-14-02
Though a public body may require a requester to pay a deposit for a request likely to cost over $200 to fulfill, the public body is also required to refund the requester the difference of any overestimate. Whether it is reasonable for a public body to maintain records in a manner that makes it hard…
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FOI Advisory Council Opinion AO-10-02
a list of delinquent real property taxpayers with parcel ID, legal description, and owner’s name with mailing address is a public record under FOIA. If government maintains a record on a computer disk, a requester can agree to receive a requested record in that form and pay a reasonable cost for it, not to exceed…
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FOI Advisory Council Opinion AO-05-02
A public body cannot include employee fringe benefits — such as insurance, retirement and vacation benefits — when assessing the fee charged for searching, retrieving and supplying records to a requester.
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FOI Advisory Council Opinion AO-49-01
A record custodian can, in his/her discretion, create a record where none exits, but he/she cannot charge the requester for the new document without prior notification. Nothing prevents and nothing requires one governmental entity to forward the records responsive to a requester’s request to another governmental entity, however, the first entity cannot charge the requester…
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FOI Advisory Council Opinion AO-39-01
A public body cannot charge a request fee unless it has determined in advance that the fee accurately reflects the cost to search and provide a requested record.
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FOI Advisory Council Opinion AO-25-01
Government entity may charge the actual cost, including an hourly rate for the time reasonably necessary, to fulfill an FOIA request.
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FOI Advisory Council Opinion AO-21-01
Regarding duty to explain how the actual cost of searching for records was calculated; consecutive requests must be treated separately; public body may require a deposit if cost of providing records would exceed $200.
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FOI Advisory Council Opinion AO-12-01
A public body may charge $.25 per page for copies as long as that charge does not exceed the actual cost of providing the record.
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FOI Advisory Council Opinion AO-01-00
Inquiries as to the status of e-mail under the Freedom of Information Act, charges for electronic records, the working papers exemption, assessment of fees for producing a requested record, the meaning of ‘reasonable specificity’
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Attorney General’s Opinion 1987-88 #030
A city/county attorney’s itemized billing statement is an official record and must be disclosed to the extend it does not reveal confidential communication, or ongoing criminal investigation matters, or some other information that may be exempt. Reasonable charge for deletions may be made
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Attorney General’s Opinion 1983-84 #436
When determining the actual cost of providing copies, a public body may take into consideration (1) number of hours reasonably necessary to compile, copy and assemble documents, (2) cost of computer time used and (3) costs of reproducing the records. If a document is created at the request of a citizen, even though the public…
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Attorney General’s Opinion 1979-80 #386
Public body may require advance payment, as long as access is not unlawfully limited.
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Attorney General’s Opinion 1979-80 #377A
Fees not in excess of the actual cost of providing copies are allowable.