Daugherty v. Jacksonville Police Dep't (Majority)Annotate this Case
This FOIA action stemmed from requests made by Appellant after she was stopped for speeding by a police officer. Appellant filed a complaint alleging (1) the police department (Department)'s refusal to provide the requested records violated the FOIA, (2) asserting that the Department's requirement that she pay $2,475 for copying of the records was not permitted under the FOIA, and (3) alleging that the Department engaged in spoliation of evidence in an attempt to circumvent the FOIA. The circuit court dismissed Appellant's complaint after finding the Department did not violate the FOIA. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) erred in finding there was no FOIA violation by the Department with regard to Appellant's first FOIA request; (2) erred in concluding that the Department's requirement of a fee in the amount of $2,475 was reasonable and not a violation of the FOIA; and (3) did not err in finding the Department did not violate the FOIA in purging the records pursuant to its forty-five-day policy.