From the Legal Hotline (1-877-NEWS-LAW)
Q. I have a quick question for you. A few years ago our paper was certified as legal notice qualified. Since then, there have been substantial changes to our publication, and it has not been audited in over three years. Are publications simply granted permanent status, or do they have to keep audits and qualifications current?
A. Section 50.011(1)(a) says that the audit certifying the number of print copies must be provided “biennially,” that is, once every 2 years. Specifically, the statute says, “as certified biennially by a certified independent third-party auditor.”
Q. Can you send me the latest Mason Dixon survey from March of 2025?
A.Here it is. The polling shows that 92 percent of Floridians say that state and local governments should be required to publish public notices through the printed and online newspaper and on floridapublicnotices.com on a regular basis. According to the same study, most Floridians (71%) were unlikely to seek out public notices if they were posted on a government website and not available in a printed or online newspaper, nor on floridapublicnotices.com.
Q. Is there still a physical street address required for a periodicals permit?
A. The USPS manual (s. 4.5.2 Purpose) defines the “known office of publication” to be a public office for transacting the business of the publication during normal business hours. It must also be the office where the publication’s circulation records are kept or can be available for USPS examination. So, it appears that a street address is required.
Q. Good afternoon, one of our freelancers has been trying to get a public information request honored but isn’t able to get them to provide the needed documents. Could you help us with this or send me a draft letter response and guide for how we would take legal action to try to enforce the request?
A. Here is an excellent template from our public records experts at Thomas & LoCicero:
Dear [Records Custodian]:
I am writing to request [describe the records as specifically as you can], pursuant to the Public Records Act, Chapter 119 of the Florida Statutes.
This request includes copies of every document related to the matter, regardless of the format in which the information is stored. [Depending on the records you seek, you might want to remind the custodian that information stored on a computer is as much a public record as a written page in a book or stored in a filing cabinet.]
If you refuse to provide any or all of the requested records, Chapter 119 requires you advise me in writing and indicate the applicable exemption to the Public Records Act. Also, please state with particularity the reasons for your decision, as required by Section 119.07(2)(a). If the exemption you are claiming only applies to a portion of the records, please delete that portion and provide photocopies of the remainder of the records, according to Section 119.07(2)(a).
I agree to pay the actual cost of duplication as defined in Section 119.07(1)(a). However, if you anticipate that in order to satisfy this request, “extensive use” of information technology resources or extensive clerical or supervisory assistance as defined in Section 119.07(1)(b) will be required, please provide a written estimate and justification. [Sometimes, you might say I agree to pay up to $100 (or whatever number makes sense) for records. If the cost will exceed that number please let me know.]
I request these records be available by [pick a reasonable date] [Or, I request that you provide the documents to me electronically at my email address]. If you have any questions or need more information in order to expedite this request, please call me at [phone number where you or your editor can be reached].
Sincerely,
Your Name
Your Address