IN THE DISTRICT COURT OF APPEAL FOR THE FOURTH DISTRICT STATE OF FLORIDA, W. MICHAEL TROUT, APPELLANT SUSAN BUCHER, SPERVISOR OF ELECTIONS, APPELLEE DCA CASE NO.: 4016-369 LT CASE NO.:50 2015CA000226 INITIAL BRIEF OF APPELLANT, W. MICHAEL TROUT NICK TAYLOR ATTORNEY FOR THE APPELLANT FLORIDA BAR NO. 0051629 1286 W. NEWPORT CENTER DRIVE. DEERFIELD BEACH, FL 33442 954-834-2209 ntaylor@oboylelawfirm.comTABLE OF CONTENTS Ji TABLE OF CONTENTS ‘TABLE OF AUTHORITIES PRELIMINARY STATEMENT. .-.-+0-0 1 [ENT OF THE CASE AND FACTS 15 STANDARD OF REVIEW. 7 25 SUMMARY OF THE ARGUMENT. 57 ARGUMENT, 8-20 1. THE LOWER COURT ERRED WHEN IT FOUND THE SPECIAL SERVICE CHARGE LEVIED BY THE SUPERVISOR TO BE REASONABLE UNDER §119.07(4)(d), FLA 7. 8-18 ‘A. "The Cost to Access to Public Records Inherently Burdens the Constitutional Right to Access... 9-11 B. Charging a Special Service Charge that is Based on the Lowest- Salaried Employee Capable of Performing the Duties is Presumptively Reasonable... : M12 €. The Ninth Circuit Supports the Position that Special Service Charged Must Reflect the Lowest-Salaried Employee .e...e12 D. Various Florida Government Agencies Have Mandated the Lowest Paid Employee Standard when computing Special Service Charges.. 12-14 B. New Jersey Only Allows the Special Service Charges to Reflect 14 the Lowest-Salaried Employee. F. The Supervisor's Charge was Unreasonable Because it Reflected the Highest-Paid Employees Salary to Perform a Clerical Task... z G. Public Poliey Favors Appellants Interpretation... 7-18 Il, THE LOWER COURT ERRED IN GRANTING SUMMARY JUDGMENT IN FAVOR OF THE APPELLEE AS THERE IS NO EVIDENCE ON RECORD THAT SHOWS THAT A LOWER PAID EMPLOYEE COULD NOT FULFILL THE APPELLANT PUBLIC RECORD REQUEST... 18-20 CONCLUSION... ne - 20 CERTIFICATE OF FONT SIZE. 21CERTIFICATE OF SERVICE. ....00.0 21