HomeMy WebLinkAboutResolution_11-24_5/9/2024 RESOLUTION NO. 11-24
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING
RESOLUTION 25-18, ESTABLISHING A PUBLIC RECORDS AND
ADMINISTRATIVE FEE POLICY AND SETTING A UNIFORM FEE
SCHEDULE FOR PUBLIC RECORDS INSPECTION I DUPLICATION
AND ADMINISTRATIVE FEES.
WHEREAS, Section 119.011 (11), F.S. 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."
(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"; and
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" ;and
WHEREAS, Section 119.07 (4) F.S. 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:
(a) 1. Up to 15 cents per one-sided copy for duplicated copies of not
more than 14 inches by 8 '/z inches; and
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.
(b) An agency may charge up to $1 per copy for a certified copy of a public
record; and
WHEREAS, pursuant to Section 119.07 (4) (d) F.S. "(1)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 technology resources
or extensive clerical or supervisory assistance by personnel of the agency
involved, or both, the agency 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 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," and
WHEREAS, the Village's current established fees related to processing
public records requests pursuant to the aforementioned sections of state law are
inadequate to cover the Village's actual costs for performing these services; and
WHEREAS, the Village Council desires to update its fee schedule so that the
Village's fees for performing such services are adequate to cover the Village's actual
costs.
WHEREAS, the Village Council desires to set a uniform fee schedule to cover
other administrative services not defined as a record request.
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 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 Section 119.07, F.S., including
Subsection 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 copies of any record are requested, then the fees
for duplication shall be in accordance with the following records fee schedule:
Record Size Single/Double/Color Cost
* Copies: 8 1/2 X 11 Single Sided $.15 per page
8 Y2 X 11 Double Sided .20 per page
8 Y2 X 11 Color copies .40 per page
8 Y2 X 14 Single Sided .15 per page
8 '/2 X 14 Double Sided .20 per page
8 '/2 X 14 Color copies .40 per page
11 X 17 Single Sided .25 per page
11 X 17 Double Sided .30 per page
11 X 17 Color copies .50 per page
Certified Copies $1.00 per page
CD/DVD/Cassette Village supplied Actual cost of
Tapes/Thumb Drives: storage medium
Photos: $3.00 per photo
Plans: Actual cost to send
to outside print
agency for
duplication
Special Service Fee: 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 o
a public records request, to safeguard such records from
loss or destruction during their inspection.
Lien/Code Violation • $42-0 145 rush
Search search fee (24
hour turn
around
requested —
business day) —
services
provided by
Orange Data
Police: Crime Reports, Incident Reports and No Charge
other Reports —Victim
Fingerprint Fee: Resident * No Charge — no
limit on number of
cards processed
Non-Resident ** M7 45.00 per
card — no limit on
number of cards
processed
Notary Fee: Resident No Charge
Non-Resident $10.00 per
notarized document
Per the Florida Governor's Reference Manual for Notaries.
a notary may refuse to perform a notarization in a variety
of circumstances, such as when they notary is not
comfortable with the request. Here is a list of some general
notarial acts Village staff might notarize (note this is not all
inclusive .
• Documents for the Village of Te uesta
• Building permits, applications and documents for
village related work
• State gift disclosures
• Notice of commencements
• Certificate of Existence
• Beneficiary designation forms
• School District forms
• Educational Reimbursement
• HOA documents
• Pension disbursement and documentation
• Passport documentation
• Divorce documentation
There will be no charge for record requests that cost less than $3.00 (including
postage).
Section 4 This Resolution shall become effective immediately upon passage.
* Resident is defined as a person who resides in the incorporated boundaries of the
Village of Tequesta, who pays taxes to the Village incorporated (through mortgage or
rent) and has the ability to vote in municipal proper elections.
** A non-resident is a person who does not reside in the incorporated boundaries of the
Village of Tequesta, who does not pay taxes to the Village incorporated (through
mortgage or rent) and does not have the ability to vote in municipal proper elections.
RESOLUTION DATE
11-24 05/09/24
MOTION Council Member Jayson E. French SECOND Vice-Mayor Rick Sartory
FOR AGAINST ABSENT CONFLICT
Mayor Molly Young ❑✓ ❑ ❑ ❑
Vice-Mayor Rick Sartory ✓0 ❑ ❑ ❑
Council Member Laurie Brandon ✓❑ ❑ ❑ ❑
Council Member Patrick Painter ✓❑ ❑ ❑ ❑
Council Member Jayson E. French ✓❑ ❑ ❑ ❑
The Mayor thereupon declared the Resolution duly passed and adopted.
MAYOR OF TEQUESTA
Molly Young OF'TEd"i"
PP ORgT�F�,;:
ATTEST: � ••.�N�ORP�R g�.o�,
U�dE 4,1
Lori McWilliams, MMC
Village Clerk