HomeMy WebLinkAboutResolution_32-10_11/04/2010 RESOLUTION NO. 32 -10
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING
RESOLUTION 20 -09 AND REVISING THE PUBLIC RECORDS POLICY
AND SETTING A UNIFORM FEE SCHEDULE FOR PUBLIC RECORDS
INSPECTION / DUPLICATION; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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."
(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."
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) 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 'h 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," and
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 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 for lien and code
violation searches 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.
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 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:
t Copies: 8 'h X 11 Single Sided $.15 per page
8 'h X 11 Double Sided .20 per page
8 Y X 11 Color copies .40 per page
8 % X 14 Single Sided .15 per age
8 'h X 14 Double Sided .20 per page
8 '/ X 14 Color copies .40 per page
11 X 17 One Sided .25 per page
11 X 17 Double Sided .30 per page
11 X 17 Color Copies .50 per age
Certified Copies: $1.00 per page
CD /DVD, Cassette Village supplied CD's $1.00 per CD
Tapes:
Village supplied cassette tae $1.00 per tape
Village supplied DVD $1.00 p er DVD
Photos: $3.00 per photo
Plans: Actual cost to send to
outside print agency
for duplication
Special Service Shall be reasonable and shall be based on the cost incurred for such
Fee: 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 during their inspection.
Lien /Code Includes code violations, utility charges, and $25.00 per search fee
Violation Search other governmental imposed lien searches. $50.00 rush search
fee (24 hour turn
around requested
Police: Crime Reports, Incident Reports and other No Charge
Reports — Victim
Fingerprint Fee: Resident No Charge — no limit
on number of cards
p rocessed
Non- Resident $5.00 — per card — no
limit on number of
cards processed
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.
The foregoing Resolution was offered by Council Member Humpage who moved its
adoption. The motion was seconded by Vice -Mayor Paterno and upon being put to a
vote, the vote was as follows:
For Adoption Against Adoption
Mayor Pat Watkins X
Vice -Mayor Tom Paterno X
Council Member Vince Arena X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Resolution duly passed and adopted this 4 day of
November 2010.
MAYOR OF TEQUESTA
�da `J��
Pat Watkins
ATTEST:
J
r'r1c v SEAL
Lori McWilliams, MMC = INCORPORATED
Village Clerk
4,
•` 0 6,a w
•. 8l9oA B965A? " •
