HomeMy WebLinkAboutResolution_53-00/01_07/12/2001~~
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.
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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... and for 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.
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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
record 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
Video Tapes:
Village supplied tapes
Citizen supplied tapes
Certified copies:
$5.00 per tape
$2.50 per tape
$35.00 per tape
$25.00 per tape
$1.00 per page
• II 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
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Section 4. This Resolution shall become effective
immediately upon passage.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
von Frank who moved its adoption. The
motion was seconded by Councilmember
Llalac~r- and upon being put to a vote, the
vote was as follows:
FOR ADOPTION AGAINST ADOPTION
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Geraldine A. Genco
Shaxon D. Walker
Joseph N. Capretta
Basil.'E Dalack
Russell J. von Frank
The Mayor thereupon declared the Resolution duly passed
and adopted this 12thday of July A.D, 2001.
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ATTEST:
?•Qary Wol ott
Village lerk
Word/Resolutions/Public Records Policy
N~R O}}F TkkE QUE S~T~A~~~/~~
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Geraldine A. Gen o
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