HomeMy WebLinkAbout12-19-2001 Police Accident ReportsBROWN, WARD, SALZMAN & WEISS, P.A.
ATTORNEYS AT LAW
Usher L. Brown •
John H. Ward'
Gary S. Salzman°
Jeffrey S. Weiss
Suzanne D'Agresta
Anthony A. Garganese°
Scott D. Danahy
Alfred Truesdell
Arthur R. "Randy" Brown, Jr.*
Brett A. Marlowe
Jeffrey P. Buak
Kristine R. Kutz
Joseph G. Colombo
Debra S. Babb
Gregory A. Hass'
Cheyenne R. Young
Joseph E. Blitch
Board Certified Civil Trial Lawyer
° Board Certified Business Litigation Lawyer
° Board Certified City, County & Local Government Law
Board Certified Labor & Employment Law
December 19, 2001
BY FACSIMILE #(407) 327-4753
AND UNITED STATES MAIL
Ms. Andrea Lorenzo-Luaces
City Clerk, City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Police Accident Reports
Dear Andrea:
Two Landmark Center
225 East Robinson Street, Suite 660
Post Office Box 2873
Orlando, FL 32802-2873
(407) 425-9566
(407) 425-9596 FAX
Email: agarganese@orlandolaw.net
Websitir
,�E? ,andol net
D E C 2 1 2001
CITY OF \A/INN F_ R SPRINGS
CITY HALL
As we discussed, it is my recommendation that the City delete from the recently adopted Fee
Resolution the $45.00 flat charge for providing copies of traffic accident and homicide reports. It
is my view that in the absence of a specific statutory provision to the contrary, the charge authorized
in Section 119.07(1), Florida Statutes, governs the fees the City can charge to obtain copies of these
reports.
For your information, there are specific statutes which address the copying fees for these
reports, but neither appear applicable to the City. Section 316.066(3)(b), Florida Statutes, which
Ms. Andrea Lorenzo-Luaces
December 19, 2001
Page 2
pertains to certified traffic records center provides that the fee to obtain a copy of a crash report is
$2.00 per copy; a homicide report is $25.00 per copy; and a uniform traffic citation is $.50 per copy.
In addition, Section 321.23 (2), Florida Statutes, provides that the Department of Highway Safety and
Motor Vehicles must charge $2.00 for a crash report and $25.00 for a homicide report. As such, the
proposed $45.00 City fee is not even in line with the copying fees that other public agencies must
charge by statute.
For the aforementioned reasons, it is my recommendation that pursuant to the City
Commission's direction, the $45.00 flat fee should be deleted from the Resolution because it does
not comply with Florida law. Further, it is my recommendation that the City charge the standard
copying charges pursuant to Chapter 119, Florida Statutes, for copies of crash and homicide reports
because Sections 316.066 and 321.23 are not applicable to the City. Obviously, if those fees exceed
$45.00 for a specific public records request, the City is always free to charge less than the actual fees
set forth in Chapter 119, Florida Statutes, but you should refer to the City's public records resolution
for guidance on this issue.
If you have any questions regarding this matter, please do not hesitate to contact me.
nce ,
Anthony A. Garganese
City Attorney
AAG:ss
cc: Dan Kerr, Police Chief
F:WCS\City of Winter Springs\General\Correspondence\L.orenzo-Luaces\Police Reports Itr 12-19-01.wpd