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HomeMy WebLinkAboutDocumentation_Regular_Tab 03_02/09/2017 Village of T'equesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org �s �� � Village Clerk's Office Memorandum TO: Michael Couzzo, Village Manager FROM: Lori McWilliams, Village Clerk DA'TE: 1 /24/ 17 SUBJECT: R 06-1 — Public Records Policy In an effort to remain in compliance with Florida Statutes, I have amended our public records policy to read that we will charge the "actual cost of the storage medium" for CD's, DVD's, cassette tapes, and thumb drives. Vice-Mayor Vince �lrena I�1ay-or �16b5- Brennan Council Member Tom Patemo Council Member Steve Okun Council Member Frank D'rlmbra Village Manager Michael Couzzo RESOLUTION .NO: 06-17 A RESOLUTION .OF. THE . VILLAGE . COUNCIL� OF THE VILLAGE . OF �TEQUESTA, PALM , BEACH COUNTY, FLORIDA, �AMENDING � RESOLUTION .20-09, ESTABLISHING A PUBLIC RECORDS POLICY .� � AND . SETTING A UNIFORM FEE SCHEDULE FOR PUBLIC� RECORDS:INSPECTION / DUPLICATION. . WHEREAS, ; Section 119.011 (1.1), F:S. defines. "public records" to nclude all documents, papers, letters, maps, books, tapes, photogr.aphs, films, sound recordings � dafa processrng: - or other material, regardle.ss 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 � WHEREA$ Section 119:07 (1) (a) and. (b), F.B: establishes a right of access. to publ'ic.records.in:plain and�unequivocal teRns:: � . � _ (a) ."Every, person who has.custody of a public record shall permit the record ' . to be inspected and copied by any pe�soq. �desiring to do so; at any -_ .. reasonable time, under reasonable conditions, and under the supervision of the custodian of#he public records." . (b) "A custodian of.. public records or a pers:on having custody . of pub.lic 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 r.equesfing 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 rnaking reasonable efforts to deterrnine from other officers or employees within . the agency whethe�� such a record exists antl, if so, the - location at�which the record can be �accesse.d" ; 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.#he fee � prescribed by �aw. If a fee is not prescribed by Faw, the following fees are au#horized: � � (a). . 1: , Up to 15 cents per one-sided �copy for duplicated copies of not � more than 14 inches. by 8'/ � inches; and . 2. No more than an additional 5 cents for each finio-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.certifed 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 requesfed to . be �spected or copied pursuant to tfiis. . subsection is_ such� as _to require extensive use of information technology resources. . � or extensive clerieal or supenrisory� assisfance by ��personnel of the �agency involved; or both the agency may. charge in addition to th�e 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 pertormingthese services; and WHEREAS, the Village Council desires to update its fee schedule so that the Village's fees for pertorming such services are adequate to coyer 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: � I � 5ecfion � � � 1 The Village Clerk shall be, and is, the authorized custodian of all records� ofthe Village of Tequesta. : �p,•cti= Upon receipt of a publia records request, the Clerk or Clerk's designee_ shall..permit the record #o 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 arid 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 fo a part of such. record shalf redact that . portion of .the record to which an exemption " has. been,asserted and_ validly applies, , .and sucfi: person shall produce the remainder of such cecord for inspection and copying." : ectio 3. In the event that copies of .any recocd are requested, then the fe.es for.duplication �shall be in accordance with the following records fee schedule: .. . ... . � _ . Record' Size Single/DoublelColor Cost �� * Copies: . . 8'/2 X 1_1 �. Single Sided . $.15"per page . , .. _. _.. - - _. - . . ... , . . , 8'/Z X 11 � Double Sided . .20 per page. � �� � 8'/2 X 11 . Color copies .40�per page 8'/2 X 14 Single Sided .1.5 per page 8'/2 X 44 Double Sided .20 per page � 8'/Z 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 47 -Color copies � � .50 per page Certified Copies � $1.00�per page CD/DVD/Cassette Village supplied Actual cost of Ta es/Thumb Drives: � stora e medium Photos: ` � $3.00 per photo Plans: � , � Actual cost to send � � , to outside prinf agency for .. � , . . � du lication Special Service.Fee: Shall . be �reasonable and .. shall be based on :the cos � incurred�#or such extensive use of information technology � resources or the la6or cost of the personnel providing the service that is . actually incurred by the agency o attributable to the agency for:#he.clerical and supervisory '_ � assistance.required, or both. �The Special Senrice Fee .will begin to accumulate. after�the first 16 minutes and. will be charged based on the actual labor cost for clerical: � personne) who are required; due to �the nature or .volume o , .-. a public records request,� to safeguard such records from . � � loss or destruction durin thei� ins ection. ��� Lien/.Code Violation. • $25.00.per search Search . - - - . - - - - - fee � . • $50 rush search_ . fee (24� hour . . tum around , . . requested - , � . � . business da Police;: ..: Crime Reports, Incident Reports and No Charge �- other Reports = Victim� - � . Fingerprint fee: Resident No Charge = no � , limit on number of � � cards rocessed � Non-Resident � $5:00 per card - no limit on number of cards rocessed * Th _ere will be no �charge for reco�d� req,uests that cost less than $3:00 (including ' posfage). . � ectio 4 This Resolution shall become effective anmediately upon passage.