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Home My WebLink AboutResolution_07-07/08_01/10/2008RESOLUTION 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." (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." 1 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." 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." 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. 2 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: ~_ -- ~2ecc~rd S~,~e -. Si~t~le/Do~tb~~~tnr~ -~ ~~_ <k Co ies: 8'h X 11 Sin le Sided $.15 er a e 8 '/z X 11 Double Sided .20 er pa e 8 'h X 11 Color copies .40 er a e 8'/Z X 14 Sin le Sided .15 er a e 8 'h X 14 Double Sided .20 er a e 8 '/2 X 14 Color co ies .40 er a e 11 X 17 One Sided .25 er a e 11 X 17 Double Sided .30 er a e 11 X 17 Color Co ies .50 per a e Certified Copies: $1.00 er a e CD/DVD, Cassette Ta es: Village supplied CD's $1.00 per CD Villa a su lied cassette tape $1.00 er tape Villa a su lied DVD $1.00 er DVD Photos: $3.00 er photo Building 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 a enc or attributable to the a enc for the clerical and su erviso 3 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 $5.00 per search Violation Search Police: Crime Reports, Incident Reports and other Reports -Victim No Char e Fingerprint Fee: Resident No Charge - no limit on number of cards rocessed Non-Resident $5.00 -per card - no limit on number of cards processed Section 4 This Resolution shall become effective immediately upon passage. The foregoing Resolution was offered by Vice-Mayor Watkins who moved its adoption. The motion was seconded by Council Member Paterno and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Jim Humpage X Vice-Mayor Pat Watkins X Council Member Dan Amero X Council Member Tom Paterno X Council Member Calvin Turnquest ABSENT The Mayor thereupon declared the Resolution duly passed and adopted this 10th day of January, 2008. MAYOR OF TEQUESTA e m Humpage ATTEST: ~`~~~11!tfr~r~": ~ V ~ ~ ~ ""i~?~" i1 i ~ V, 'rJ -~ ~ ~ `; .~: ~~~L :~,,.. dL~. ~~ ~~ l-f; ~ !NCO . ,,~ RPORATED~ Lori McWilliams, CMC f ~T cti a @y~ ' ~, Village Clerk '%,~F F ~ `•'@~~~.~` i p F 0 `~ v ~~~~~itii~n~~~~~ c 5 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 +ho ~„~+^,~,,.,~~ ,+o~,,..,oo.» (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 copv public records." 1 A / 4.ICQCA ~` Con +inn '11~ (1 79 //~\ ~ C n r ~ii~Joc +h~+ +hc olon+ - e or! nr ~r~n nin44G~ t ~ TfG7TG7 Z ~G'V LT~ O~ C~7 CfT~Gf~a~T Y7QC~~TTPT T GC7 cc ~ ~ t ~ f tc , ~ f n ^prrvP~QOrI .. ~ +h~.+ +h ....,...... o rc~~ ~ir .... .. or) foot pro ,... ........... r~~ir1 r. ~ . _ . ... ~ ~r'l\A/C\/G~D~ ~ro~ ~~+n+ ~ Con+.^n ~'~T ~vzc 9 9 ~ /17 /9 \ /h\ C n~~~s °---~f f9-vvr~-rc , ursaa-rr~ -vcvavrr ~~ . ~ - , e 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 copv 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: ~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." 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." 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 "~r-t~ie~;er-I~'~-oT-t~ie~:er~s-d~~iynoo ro,.oir,+ of ~ n„h~i~ rcnnrrl Ga~T 7Z TpA11pt{f~\Tp~p~}~{~~5~~ h~m.~~~~n~j~h.l~ho fn}r in~ncn+inn nf_~hc Te~ r ..c nrnm"n`7+`I^,`,"~~c~v~°ur-acv-u ~ m~ ~+~ ~~Ihi ~nr~.~.atylP.--tip}°c--yii~~~ , e y~ C ~M r ~nTttYd'eb+ ' `~•~\ G C ,~ihinh rega~es~# -„ s • e "`7 ~+nr+ +n nrnvirlo +ho romoinrlor of +ho ronnrr+ fnr cvomin~+inn 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 d~isate co ies of any record are requested, then the fees for duplication shall be in accordance with the following records fee schedule: ~~~~I,Lfa {f~~ r ~ _~1Mq __ ~II~VVR.{~~/~ Y~ i j J ~y ~ "11~~1/~:. i!"~ Co ies: - _ 8'h X 11 Sin le Sided $.15 per a e 8'/2 X 11 Double Sided .20 er a e 8 '/z X 11 Color co ies .40 er a e 8 '/2 X 14 Sin le Sided .15 er a e 8 '/Z X 14 Double Sided .20 er a e 8 '/2 X 14 Color copies .40 er a e 11 X 17 One Sided .25 er a e 11 X 17 Double Sided .30 er a e 11 X 17 Color Copies .50 er a e Certified Co ies: $1.00 er pa e CD/DVD, Cassette Ta es: 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 du lication i ce Special Serv f~+ 7n mini ~+e inn ° Fee: ~cr-l~a >n 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 Police: Crime Reports, Incident Reports and other Reports -Victim No Char e ~rimo I?onnr+e (1+hor In+oroc+c Girc+ fi~in n~noc ~'~""~A I nni~-lcn~~+~~~~Dyyon,,,,nrFc ifYV'tfYFF (1+hor In+oroc+c ~~~~ev (1+hcrQ~o~nyn~,r,F~ ir-ttrttti-r (1+hor In+oroc+c Gira+ +~~in n~noc ~A Fingerprint Fee: Resident No Charge - no limit on number of cards rocessed Non-Resident $5.00 -per card - no limit on number of cards processed Section 4 This Resolution shall become effective immediately upon passage. The foregoing Resolution was offered by Vice-Mayor Watkins who moved its adoption. The motion was seconded by Council Member Paterno and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Jim Humpage X Vice-Mayor Pat Watkins X Council Member Dan Amero X Council Member Tom Paterno X Council Member Calvin Turnquest ABSENT The Mayor thereupon declared the Resolution duly passed and adopted this 10th day of January, 2008. MAYOR OF TEQUESTA Jim Humpage ATTEST: Lori McWilliams, CMC Village Clerk 5