Darci Cohen, left, and Jose Ferrer, right, represented Miami Dade College in the litigation. Miami Firm Secures Attorney Fee Win, But Opposing Counsel Warns of 'Chilling Effect' on Public Records Requests
The result hinged on a law that says public agencies can recover attorney fees if a judge finds a public records request was frivolous.
March 10, 2022 at 05:27 PM
6 minute read
A public records lawsuit touching on a relatively new and untested law has resulted in an attorney fee win for Miami firm Mark Migdal & Hayden, but it would have ended differently if it had been brought just a few years earlier.
That's because, before a 2017 Florida law change, public agencies had to provide requested records regardless of the reason why. But now, if a judge finds the purpose was frivolous, the public agency can collect attorney fees from whoever sought the documents.
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