HomeMy WebLinkAboutDocumentation_Regular_Tab 16_01/10/20081. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
1 /10/08 Meeting Type: Regular Ordinance #: Cllici< here to enter text.
Consent Agenda: No Resolution #: 07-07/08
Originating Department: Clerk
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Resolution 07-07/08, Amending Resolution 53-00/01, Establishing a Public Records Policy and Setting a
Uniform Fee Schedule for Public Records Inspections
3. BUDGET /FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available:
N/A Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
The Florida Statutes regarding public records has changed significantly since the initial Resolution
was adopted in 2001. It is necessary to change the current fee schedule in order to be in compliance
with Florida Law. I have stricken the items that are to be removed and underlined the additions.
5. APPROVALS:
Dept. Head: ~~yI~C,Y u Ict~ (.~Q.c.G?ir-- Finance Director:
Attorney: (for legal sufficiency) Yes [~]' No ^
Village Manager:
SUBMIT FOR COUNCIL DISCUSSION: [~
APPROVE ITEM: 0'
DENY ITEM: ^
MEMORANDUM
Village of Tequesta
Clerk's Office
TO: Mr. Michael R. Couzzo, Jr., Village Manager
Honorable Mayor and Village Council Members
FROM: Lori McWilliams, Village Clerk
DATE: December 19, 2007
SUBJECT: Resolution 07-07/08 Amendment to Public Records Policy and Fee
Schedule
The attached Resolution is an amendment to Resolution 53-00/01 which was adopted in
2001. The Florida Statutes regarding public records has changed significantly since the
initial Resolution was adopted. It is necessary to amend the current fee schedule in
order to remain in compliance with Florida Law.
Please note the information contained in the Resolution is quoted from Florida
Statute and in many cases, the fees have been lowered from what was stipulated
in the previous Resolution.
For your convenience, I have stfislFer~ the items that should be removed and underlined
the items that have been added.
Please contact me any time prior to the meeting should you have any questions,
concerns or general comments regarding the Resolution and the law.
RECEIVED
JOHN CORBETT
TRELA J. WHITE
BRADLEY W. BIGGS*^
KEITH W. DAVIS*^
R. MAX LOHMAN**
ATTORNEYS AT LAW
1 l 1 l Hypoluxo Road, Suite 207
e~~iii~ff~-ems ~~ ~,r~ ~.~'/f62
DEC 2 ,6` ~Q~7
v~~.~Aa~ ~~.~~~~ ~~~~~~
TELEPHONE (561) 586-7116
TELECOPIER (561) 586-9611
* State Certified County and
Circuit Court Mediator
** Certified County Court Mediator
^ Board Certified in City, County and Local Government Law
MEMORANDUM
TO: Lori McWilliams, CMC, Village Clerk
CC: Michael Couzzo, Village Manager
FROM: Trela J. White, Esq.
DATE: December 20, 2007
RE: Resolution No. 07-07/08 Amending Public Records Policy and Revising Fee
Schedule
At your request, I have reviewed various documents submitted to me with regard to the
above-referenced matter, including former Resolution No. 53-00/O1, several Attorney General's
Opinions ("AGOs"), legal memoranda from several sources, state statutes, correspondence and e-
mail; and I offer the following:
1. Resolution No. 07-07/08 accurately reflects the state law as it pertains to public
records and a local government's responsibility to maintain, protect and distribute the same.
2. Since Chapter 119, Florida Statutes, (sometimes known as the "Public Records Act"
has been re-numbered, re-lettered and amended significantly since the Village's prior resolution on
this subject was adopted, the former resolution contained incorrect citations and inaccurate
quotations; and thus needed to be updated.
3. The fee structure proposed for adoption is in accordance with state law and has been
reduced in nearly every category.
4. This item should benon-controversial as it simply reflects requirements mandated by
state law.
Should you have any questions or comments regarding the foregoing, please do not hesitate
to contact me.
Y: blocs\Teques[a\Letters & Memos\McWilliams Memo -Res 07-07-OS.doc
RESOLUTION NO. 07-07/08
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING
RESOLUTION 53-00/01, ESTABLISHING A PUBLIC RECORDS
POLICY AND SETTING A UNIFORM FEE SCHEDULE FOR PUBLIC
RECORDS INSPECTION /DUPLICATION.
WHEREAS, Florida Statutes, F.S. Section 119.011 (11), defines "public records"
to include all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business by any agency; and
WHEREAS, Section 119.07 (1) (a) and b , F.S. establishes a right of access to
public records in plain and unequivocal terms:
(a) "Every person who has custody of a public record shall permit the record
to be inspected and copied by any person desiring to do so, at any
reasonable time, under reasonable conditions, and under the supervision
of the custodian of the public records ^r +hc ,.,,~+nrli.~n'~ ~Jo~ir.noo »
(b) "A custodian of public records or a person having custody of public
records may designate another ofFicer or employee of the agency to
permit the inspection and copying of public records, but must disclose the
identity of the designee to the person requesting to inspect or copy public
records."
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WHEREAS, Section 119.07 (1) (c) F.S., provides that the "custodian of public
records and his or her designee must acknowledge requests to inspect or copy records
promptly and respond to such requests in good faith. A good faith response includes
making reasonable efforts to determine from other officers or employees within the
agency whether such a record exists and, if so, the location at which the record can be
accessed."
WHEREAS, Section 119.07 (4) provides that "the custodian of public
records shall furnish a copy or a certified copy of the record upon payment of the
fee prescribed by law. If a fee is not prescribed by law, the following fees are
authorized:
~ 1. Up to 15 cents per one-sided copy for duplicated copies of
not more than 14 inches by 8'/2 inches;
2. No more than an additional 5 cents for each two-sided copy;
and
3. For all other copies, the actual cost of duplication of the
public record.
(c) An agency may charge up to $1 per copy for a certified copy of a
public record."
WHEREAS, pursuant to Section 119.07 (4) (d) F.S. "(I)f the nature or
volume of public records requested to be inspected or copied pursuant to this
subsection is such as to require extensive use of information technologv
resources or extensive clerical or supervisory assistance by personnel of the
agency involved, or both, the agencv may charge, in addition to the actual cost of
duplication, a special service charge, which shall be reasonable and shall be
based on the cost incurred for such extensive use of information technologv
resources or the labor cost of the personnel providing the service that is actually
incurred by the agencv or attributable to the agency for the ,clerical and
supervisory assistance required, or both."
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 The Village Clerk shall be, and is, the authorized custodian of all
records of the Village of Tequesta.
Section 2 p~°vrrtl-Itb4e~ '° ^r 4he f`IorL°~~ynoo~ ~onoin~ ~f ~ n~ ~hlin rcrnrrlc
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~nrl fn r~r~~iirlo Oho rom~in~er of Oho ren~rrl fnr ov.+rv~in~+4i~n
Upon receipt of a public records request, the Clerk or Clerk's
designee shall permit the record to be inspected and copied by any person desiring to
do_so, at any reasonable time, under reasonable conditions, and under supervision by
the custodian of the public records and in accordance with 119.07(1)(d) which reads as
follows, "(A) person who has custody of a public record who asserts that an exemption
applies to a part of such record shall redact that portion of the record to which an
exemption has been asserted and validly applies, and such person shall produce the
remainder of such record for inspection and copying."
Section 3 In the event that dt~4isate copies of any record are requested, then
the fees for duplication shall be in accordance with the following records fee schedule:
_ ~
Copies: _..~
8 '/ X 11 Double Sided .20 per pa e
8 '/ X 11 Color copies .40 er a e
8'/ X 14 Sin le Sided .15 per a e
8 '/a X 14 Double Sided .20 er pa e
8 '/ X 14 Color co ies .40 er a e
11 X 17 One Sided .25 per pa e
11 X 17 Double Sided .30 per a e
11 X 17 Color Copies .50 er a e
Certified Co ies: $1.00 per a e
CD/DVD, Cassette
Tapes: Village supplied CD's $1.00 per CD
Village supplied cassette tape $1.00 per tape
Villa a su lied DVD 1.00 er DVD
Photos: 3.00 er hoto
Building Plans: Actual cost to send to
outside print agency
for duplication
S
ecial Service
p
Fee: ~4 nnn he nh~rnorl fnr nn~horinn of infnrm~4inn
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Shall be reasonable and shall be based on the cost incurred for such
extensive use of information technology resources or the labor cost of
the personnel providing the service that is actually incurred by the
agency or attributable to the agency for the clerical and supervisory
assistance required, or both. The Special Service Fee will begin to
accumulate after the first 15 minutes and will be charged based on the
actual labor cost for clerical personnel who are required, due to the
nature or volume of a public records request, to safeguard such
records from loss or destruction durin their ins ection.
Lien/Code
Violation Search $5.00 per search
Pofice: Crime Reports, Incident Reports
and other Re orts -Victim
No Char e
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Fingerprint Fee: Resident No Charge - no limit
on number of cards
processed
Non-Resident $5.00 -per card - no
limit on number of
cards rocessed
Section 4 This Resolution shall become effective immediately upon passage.
The foregoing Resolution was offered by ,who
moved its adoption. The motion was seconded by ,
and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Jim Humpage
Vice-Mayor Pat Watkins
Council Member Dan Amero
Council Member Tom Paterno
Council Member Calvin Turnquest
The Mayor thereupon declared the Resolution duly passed and adopted this
day of , 2007.
MAYOR OF TEQUESTA
Jim Humpage
ATTEST:
Lori McWilliams, CMC
Village Clerk
5
~r
RESOLUTION NO. _53-00/O1
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, ESTABLISHING A PUBLIC
RECORDS POLICY AND SETTING A UNIFORM
FEE SCHEDULE FOR PUBLIC RECORDS
INSPECTION/DUPLICATION.
•
t
WHEREAS, Florida Statutes (F.S.) Section 119.011
(1), defines "public records" to include all documents,
papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or
other material, regardless of the physical form,
characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection
with the transaction of official business by any
agency; and
WHEREAS, Section 119.07(1)(a), F.S., establishes a
right of access to public records in plain and
unequivocal terms:
"Every person who has custody of a public record
shall permit the record to be inspected and examined by
any person desiring to do so, at any reasonable time,
under reasonable conditions, and under supervision by
the custodian of the public record or the custodian`s
designee. The custodian shall furnish a copy or a
certified copy of the record upon payment of the fee
prescribed by law... andfor all other copies, upon
payment of the actual cost of duplication of the
record": and
WHEREAS, Section 119.021, F.S., provides that the
elected or appointed state, county, or municipal
officer charged with the responsibility of maintaining
the office having public records, or his or her
designee, shall be the custodian of the public records,
and that the statutory obligation of the custodian of
public records is to provide access to, or copies of,
public records "at any reasonable time, under
reasonable conditions, and under supervision by the
custodian.., or the custodian's designee" provided that
the required fees are paid.
•
•
HOWEVER, Pursuant to Section 119.07(1)(b), F.S.,
if extensive use of information technology resources or
clerical or supervisory personnel is needed for
retrieval of such records, the agency may impose a
reasonable service charge based upon the actual costs
incurred for the use of. such resources.
THEREFORE, it shall be RESOLVED, by the Council of
the Village of Tequesta, Palm Beach County, Florida,
that:
Section 1. The Village Clerk shall be, and is, the
authorized custodian of all records of the Village of
Tequesta.
Section 2. Upon the Clerk's, or the Clerk's
designee, receipt of a public records request(s) such
requested records shall be made accessible for
inspection of the requestor as promptly as practical,
and at a mutually agreeable time. Unless, such public
record contains some information which is exempt from
disclosure, in accordance with Section 119.07(2)(a),
F.S., which. requires the custodian of the document to
delete or excise only that portion or portions of the
record for which an exemption is asserted and to
provide the remainder of the record for examination.
Section 3. In the event that duplicate of any
recard is requested, then the fees for duplication
shall be in accordance with the following schedule:
Copies: Single sided
Double sided
Legal
$.15 per page
$.20 per page
$.20 per page
Cassette Tapes:
Village supplied tapes
Citizen supplied tapes
$5.00 per tape
$2.50 per tape
Video Tapes:
Village supplied tapes $35.00 per tape
Citizen supplied tapes $25.00 per tape
Certified copies: $1.00 per page
Special Service Fee:
(Administrative Costs): $30.00 per hour
Starts accumulating after the first 20 minute
•
increment - can be charged for gathering of information
for inspection or preparation of records.
Police:
Crime Reports
Victim No Charge
Other Interests
First two pages $3.00
Each additional page $ .50
Incident Reports
Victim No Charge
Other Interests
First two pages $3.00
Each additional page $ .50
Other Reports
Victim No Charge
Other Interests
First two pages $3.00
Each additional page $ .50
Photos $3.00
•
Section 4. This Resolution shall become effective
immediately upon passage.
THE FOREGOING RESOLUTION PTAS OFFERED by Councilmember
von Frank who moved its adoption. The
motion was seconded by Councilmember
IIalack and upon being put to a vote, the
vote-was as follows:
FOR ADOPTION
Geraldine A. Genco
AGAINST ADOPTION
Sharon D. Walker
Joseph N. Capretta
BasiL.:E!.~.Dalack
Russell J. von Frank
The Mayor thereupon declared the Resolution duly passed
and adopted this 12t}riay of July A.D, 2001.
•
•
OF TEQUESTA
Geraldine A. Ge o
ATTEST:
L ~CC~--
I~Iary Wo1 ott
Village Jerk ~`
Word/Resolutions/Public Records Policy