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Home My WebLink AboutResolution_06-17_02/09/2017 RESOLUTION NO. 06-17 A.RESOLUTION .OF. THE VILLi4GE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM , BEACH COUNTY, FLORIDA, AMENDING RESOLUTION 20-09, ESTABLISHING A PUBLIC RECORDS POLICY AND SETTIPlC A UNIFORM FEE SCHEDULE FOR PUBLIC� RECORDS INSPECTIOfV / DUPLICATION. , WHEREAS, Section 119.011 (11), F.S. defines "public records" to �clude 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 agen;cy; 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 cequesting 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 Faw, 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'/ 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 (4j (d) F.S. "(I)f fhe 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 fhe agency 'mvolved, or both the agency may charge in addition to the actual cosf.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 �bor 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 establ�shed fees related to processing pubtic 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 upda#e its fee schedule so that the Village's fees for pertorming 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: ' 9ecfion 1 The Village Clerk shall be, and is, the authorized custodian of all records of the Village of Tequesta. � _ � Sect= Upon receipt of a public records request, the Clerk or Clerk's designee sfiall. 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 . ttie custodian of the publ� 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 th�at . portion of .the record to which .an exemption_" has been_�asserted and_validly applies, _ and, sucti: person shall produce the remainder of such reco�d for inspection and copying:" ectio 3 In the event that copies of .any record are requested, then the,fees for duplication shall be in with the following records fee schedule: . '�Record ` Siz"e Single/Double/Color Cost _ _ __ � *.Copies: 8'/2 X 11 � Single Sided �$.15 page � � ... . . 8'/2 X 11 � � Double Sided= �.20 per page. � 8'/Z X� 1.1 Color copies �.40 per page 8'/Z.X 14 Single Sided .1.5 per page 8'/Z X 14 , D.ouble Sided . .20 per page 8'/2 X 14 Color copies .40 per page 11. X 17 Single Sidetl. .25 per page 11 X 17 Do.uble Sided .30 per. page � . 14 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 for 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: 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 acfual labor cost for clerical � personnel who are required; due to the.nature or .v,olume o � � a public records cequest, to safeguard such records from :. � loss or destruction durin thei� ins ection. LieN.Code Violation. • $25.00.pei search - Search - - - - � -- - - - -- fee - . � . • $50 rush search � fee (24 hour : � . tum around � � requested — � business da Police; .. � Crime Reports, lncident Reports and No Charge other Reports - Victim � _ . Fingerprint fee: �� Resident - - No Charge - no . � limit on numbe� of - � cards rocessed Non-Resident $5:00 per card.—�no � limit on number of � cards rocessed _ * There will be no ,charge for r.ecord ;requests that aost less tfian $3.00 (including postage). _ � ect'o 4 This Resolution shall become effective �nmediately upon passage. RESOLLTTION 06-17 MOTION SECOND Council Member Frank D'Ambra Vicc-Mavor Vincc Arcna VOTE FOR AGAINST ABSFNT � ADOPTION ADOPTION Mayor Abby [3rennan � � � Vice-Mayor Vince Arena � � Council Member Steve Okun a � ❑ Council Member Tom Paterno � � � Council Member Frank D'Ambra a � ❑ The Mayor thereupon declared the Resolution duly passed and adopted on 9-Feb-2017 MAYOR OF TEQUESTA _ � ATTEST: � � � �,,,,,,,,,,,�,��,��,,,,,,,, �'�- � �J (..Q.,E.�� .�. F• TF��Q�.,, Lori McWilliams, MMC ':� Gp P�R,q�,..G� ;\: �`.. Village Clerk =�� SEAL ':�_ : �, I NCORPORATED � _ � ., vN � 4 1g . ''� �"••...... r� � � °"� - � , , , , ,� ,F � � � �� `,