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Home My WebLink AboutDocumentation_Regular_Tab 07_07/12/2018 Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org �,` . •, `�:. Village Clerk's Office Memorandum TO: Michael Couzzo,Village Manager FROM: Lori McWilliams,Village Clerk DATE: 6/26/18 SUBIECT: RES 28-18—PUBLIC RECORD POLICY AND UNIFORM ADMINISTRATIVE FEE SCHEDULE Lien Search Fee The lien search fee has not changed since 2009 (see Resolution 20-09). We currently charge $25 for a standard search (3-5 business days) and $50 for a rush request(completed within 24 hours). This fee covers the staff time and materials it takes to research the request, compile the requested information, and respond and answer inquires. Each search involves work by the Water Utilities Department, Village Clerk's Office and Code Enforcement. Currently, the turn-around time to process a lien search is approximately 3-5 days (most often on the lower end) and takes approximately 1 %2 - 2 hours in total (depending on the number of liens, code violations, etc. involved) for all three departments to complete each search. The average hourly salary (including benefits) of the three individuals who complete the searches is$35.68. Recently, the Palm Beach County Municipal Clerk's Association members responded to a survey regarding their municipalities search fees (see attached responses). The Village fees are near the bottom with the average of all respondents being$61.84 for a standard request and $120 for those offering rush services. Recommendation I request Council amend Resolution 6-17 to increase the lien search fee from $25 to $60 and increase the rush from $50 to$120. Additionally, I recommend we revisit the policy every five years. Notary Fees Currently the Village does not charge a notary fee. The Clerk's Office alone (the Manager's Office and Building also offer notary services) completed over 50 notaries last year. Many complications can lead to legal issues for notaries such as notarizing a will and then receiving a subpoena to testify in court (as one example). Recommendation I request Council amend Resolution 6-17 to add a notarial fee for non-residents (with the exception of contractors submitting documents on behalf of residents) of$10.00 per notarized document and the service to remain free for residents. Council l7embex Vince.lrena �TaS�or�bby Brennan Vice-�Zayor Tom Paterno Council tilember Laurie Brandon Council�lember I�risti Johnson �'illage Manager�Sichael Couzzo Charge for standard Standard turnaround Charge for rush lien Standard turnaround lien request (not rush) time for a standard lien request per PCN time for a rush lien per PCN request request North Palm Beach $20 3-5 business days (This No rush fee Will provide within 24 is what we tell hours if they ask everybody, but I usually get them out between 1-2 business days) Ocean Ridge $20 24-48 hours No rush fee 24-48 hours Lantana $25 S days $50 24 hours Wellington $35.88 7 days No rush fee 7 days Lake Park $100 3-5 days $150 24 hours Haverhill $25 1-2 days No rush fee 24 hours Pahokee $60 5-10 days $100 5 days Royal Palm Beach $75 3-5 days No rush service offered 3-5 days Greenacres $50 3-5 days $100 24 hours Gulfstream $75 2-5 days (3 days avg) No rush service offered South Palm Beach $13 1-2 days No rush service offered Village of Palm Springs $150 No rush service offered Lake Worth $110 7-10 days $220 1-3 days Delray Beach $65 5-7 days $100 3 days Belleglade $25 to$50 ($37.50 avg) 7 -5 days $75 3 days Mangonia Park $40 3 days $125 24 hours Riviera Beach $120 5-7 days No rush service offered Palm Beach Gardens $100 10 days $200 3 days Yellow highlight indicates a fee higher than the Village fee RESOLUTION NO. 25-18 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING RESOLUTION 06_17, ESTABLISHING A PUBLIC RECORDS AND ADMINISTRATIVE FEE POLICY AND SETTING A UNIFORM FEE SCHEDULE FOR PUBLIC RECORDS INSPECTION / 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 dentity of the designee to the person requesting to nspect or copy public records"; and WHEREAS, Section 119.07 (1) (c) F.S., provides that the "custodian of public records and h's or her designee must acknowledge requests to �spect 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 'h 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. "(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 establ'shed 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 VillaQe Council desires to set a uniform fee schedule to cover other administrative services not defined as a record reauest. 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. i n 2 Upon receipt of a public records request, the Clerk or Clerk's designee shall permit the record to be a�spected 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." i n 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: i�eoad Sfime Ct�t * Copies: 8 'h X 11 Single Sided $.15 per page 8 '/2 X 11 Double Sided .20 per page 8 '/2 X 11 Color copies .40 per page 8 '/2 X 14 Single Sided .15 per page 8 '/z X 14 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 17 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 print 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 labor 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 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 durin their ins ection. Lien/Code Violation • $�AA 60.00 per Search search fee • $a-AA-A9 120 rush search fee (24 hour turn 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 ** 10.00 per card — � no limit on number of cards rocessed Notary Fee: Resident No Charae Non-Resident (with the exceotion o 10.0 er contractors submittin documents on notarized document behalf of residents) "Thets w� be no t�ar�ge � tecord teqt� �taE t�st less than s3.00 (� �g P�)• i n 4 This Resolution shall become effective 'rrmmediately upon passage. * Resident is defined as a aerson who resides in the incoraorated boundaries of the Villape of Teauesta. who pays taxes to the Villaae incorporated (throuqh mortaaqe or rent) and has the abilitv to vote in municiaal proper elections. ** A non-resident is a �erson who does not reside in the incor�orated boundaries of the Villaae of Teauesta. who does not aav taxes to the Villaae incorporated (throuqh mort aQe or rentl and does not have the abilitv to vote in municipal pro�er elections. RESOLUTION NO. 20-09 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORiDA, AMEND{NG RESOLUTION 07-07/08, 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 soflware, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to faw 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 '/2 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 �Ilage'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. ; ........ ...... . .. NC}Wi',TMERE�'��, BE 13 �i�flL.'ItED BY tHE'1flt�1�A►►£E C�t�GIL t� THE VI�L.A�E OF'f'�C�ST�, P,�4L,M��►�H COU1�'!"Y, FL.t3R1�"11�, ��►�t'3Ll�.flVVB: ��n 1 T1� �lla� �ierk shail b+a, ar�9 is, � aut�rized r.��ian of �11 records af the V'rlla�e of Tequesta. ��.�Z,� UPt�n receipt c� a �blic record� requ�t# the C�rk � Cl�rk's d�sigr�ee shall �rmi##fie re�rd to t� ins�p�:te�i arn� c:��d by �rty person de�iring #o d� so, at any re��n�bl� tam�, ur�der rea�able cor��ror�s, ar�d u�r� sup�rvision by , the cus#od�n of tfi�e p�i� re�rc�and i� �c�ar�iaruc�wrth 11�.d'T{�1}{z��v�rh� re� as fol�vvs, "{A} �ersvn v�rho has c�t�ty of� p�abli� r�rd �vho a��t��#an ex�m� aPpl� to a p�rt of suc� recatd shr�ll ret1� th�i p�tu�n of #�e r�cord to vvF�ich an exempti�,n ha� been a�serted rar�! validly appli�s, and such �erson �hali prc�uc� the ,� remainder o#sud� recc�rd for ir�pection�r� coP�ri9�� ,� In the event#�t cx�pi� r�f any r�rd �r� r�q+u�ed, then the #�s for dupli�n shall b�in acc�rt��n�e vv�tta t�t�fol�n� rec�rds��du�: 8 i4 X 11 �i S3ded $.15 8 �X 11 Dv�ble S�d ,Zfl� r 8 !X 11 �obr i�s ,4fl $ %r X i� Si ��cied .1� 8 %X 1� Dauble S�d .2C� r 8 'lz X 14 �lor ies .4fl 'I 1 X 17 t3�Si�i ,23 �1 �C 17 l�Qub�� .3� 11 X 9? 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' �," ; ��:�• • ��y�� °j�� I � xc e •�^ • ,.�e r :.�� , i � / ��/�/� _ : . - ��//%//� 4 �+� � e r rs�- • «:�� r. f�� :+� w • �:e a=e • a � i� �/ 'j//%��/ ��,�/� • •. • • � -�a +��» �.+� �_� �r :: • +►�+ ��%�/�/�//�%�/�/%�� v s• •: ar •�-:�:: e z ,. �+i�r e t e � i :;�s�l •- i y�iiii� ��/p�/1io/%�i/i//%,/ r �r m � 1q � � /��/%%�� rt 1 1 4�- �� « �!! %//�///i„�//�//�%%'%i%��ii�i�j %/, �,�2 i i� ' i i°1 , �,: « ��e��//�� j/�/i/�i/ � • • e V �/��j/,/i�� // %!� :�. _.. ��„�.��, � �i�/�ia�,�,�i, � �i ii,v .rri�lil'�/.l� �j/�r%�%/�/ r1, � / ' ��'��/�� ::"�'* �:. • ; ' :.• s � •- . . ' ��`✓�F��€� !� �� «r �� „ ,i i�ib o // * ///e'✓%�„>i�.r,,., i%/i/,,cG�„//L/,i_;, O � /iO/i".(OD/y//r%/////i %////�/i �. �� ,! :. M��M I�� 1�1 � � ��l�io/i�i�� //� � � '�'�;f�'�� /��/ „ � ��I!�� . «� . � ��,�;✓�, �� %�i��i�/,�/ / � a r: ;,.♦ ��,r �//D,, .. /�� / �%/%��%; � s a.: .• -� .. t�! ►�i io �rl�� IIII i�ii� �� ' �y%�%�� / . .: . ��/�j//�/�� f 4 i��#::' �`• • _ • r - �-� e :r+r • ;.• ;.:. c� +r s-:. :a. � t � ! 1 • e • •; . r ; E�w..i..�, ��-"`�` k i� f+.".•h�+ �[�� s ::�• . {�6� 13 .3:.;. .;�t.:. The foregoing Resolu#ion was offerec! by Council Member Turnquest who maved its adoption. The motion was secanded by Council Member Humpag� and upon being put #o a vote, #he vote was as fiollows: For Adoption Againat�►daption IVlayor Pat Wafkins X Vice-�tlayor Tom Patemo X Council Member Vince Arena X Council Member Jim Humpage X Council Member Caivin Turnquest X The Mayor thereupon deciared the Resolu#ion duiy passed and adopted #his 9�" day af Juiy, Zfl�9. MAYOR OF TEQUESTA Pat Watkins ATTEST: � `�y�iitO.tMli/J�� G � T��r �� Tr,... �.�iG 'y�;.pQP OJ9 '+ :`� '��'��i; - �S�}�L `:a= `�6t�. �c,�t�¢��,Y.:. 1�co��o�Ar��. � Lori McV1liltiams, ClV�C �-,,�.�y'`•�� .�g�.'�r-R 1lillage Cle�lc �''��•,�i��F•��,0'��,, �'��rrrrr trtitu�N�`�