Public Records May 26, 2016

PUBLIC RECORDS LAW References Article I, Section 24, Florida Constitution Chapter 119, Florida Statutes Administrative Regulation 2.06

PUBLIC RECORDS LAW General Rule “Every person has the right to inspect or copy any public record made or received in connection with the transaction of official business by a public body.”

PUBLIC RECORDS LAW Definitions What is a public record? Records which are prepared or created to perpetuate, communicate or formalize knowledge relating to official agency business What is a public record? Agency is any state, county, district, authority, municipality, board, bureau, commission What is an agency?

PUBLIC RECORDS LAW Examples Public record includes all documents regardless of physical form and is not limited to traditional written documents - All correspondence - Telephone logs - Calendars - Emails - Text messages - Video/Audio recordings

PUBLIC RECORDS LAW Email Email is a public record - County retains a copy of email sent/received through County system and on County-issued equipment - Use County-issued equipment (phones, computers, etc.) when transacting official business - County-issued equipment should not be used for personal correspondence

PUBLIC RECORDS LAW Form of Request Requests may be made via: - Email (PublicRecordRequest@ocfl.net) - Verbally - Fax - Letter Requests should be entered into the public records tracking system Cannot require the requests to be made in writing

PUBLIC RECORDS LAW Access to Records Requestor may: Inspect Records Ask for copies of records to be made Make copies on their own Provide records in the format they are maintained in

Responding to Requests PUBLIC RECORDS LAW Responding to Requests Acknowledge receipt of request Communicate with requestor Fulfill requests within a reasonable amount of time

Types of Requests Standard Requests that can be provided in the normal course of business and could take a minimal amount of staff time to produce or complete (Arrest Report, Inmate Booking Photo, etc.) Complex Requests that are not produced in normal course of business that may take over 15 minutes to research or may impact more than one County department/division (Legal/Litigation, Media Request, etc.) Time Intensive Requests that are not complex but because of their volume or intensity they may take more than a standard amount of time to research and process (Numerous E-mails, Texts, HR Records, etc.)

WORK FLOW PROCESS Request Submitted Response Time: Instantly or Up to 1 Business Day Entered in System and Assign Tracking Number Electronic Acknowledgement to Requestor if Email Provided Review Team Complex Standard Time Intensive We looked at the 311 model for handling requests and established a work flow process, which we will explain in detail over the next several slides Payment Made Requestor Receives Request Calculate Estimated Research Time & Cost (Once Determined) Processing Time: (Depending on Nature of Request) Up to 7 Business Days Notify Requestor of Cost Deposit/ Full Payment Made Request Processed Requestor Receives Request

PUBLIC RECORDS LAW Fees May charge for costs of duplication Must only charge actual costs incurred May charge for extensive use of staff time - Defined as 15 minutes or more Provide requestor with cost estimate invoice Provide actual invoice once work is complete

Standardize Costs (Countywide) Cost Schedule Standardize Costs (Countywide) Printing/Copying costs will be assessed in accordance with Florida Statutes Labor costs will apply to record requests that require more than 15 minutes of staff time Labor costs will be assessed in 15 minute increments (Note: For requests over $100, a deposit may be required; under $100 total amount due maybe required) Labor costs should be calculated based on the lowest employee’s rate of pay that processes the request

PUBLIC RECORDS LAW Broad Requests Cannot require requestor to narrow the request May charge for staff time and resources if it will take more than 15 minutes to fulfill the request Provide requestor with a cost estimate invoice Work is not commenced until payment has been made

PUBLIC RECORDS LAW We are NOT required to: Give out information contained in the records Reformat records to suit the needs of the requestor

PUBLIC RECORDS LAW Common Examples Social Security Numbers Driver’s License Numbers Credit Card/Bank Account Information HIPPA Information Home address & phone numbers of certain types of individuals (law enforcement/ corrections personnel, firefighters, code enforcement officers, etc.) If you think an exemption may apply, please contact Sawsan Mohiuddin at County Attorney’s Office

PUBLIC RECORDS LAW Common Mistakes Unreasonable delay Denying access to records Failure to communicate with the requestor

PUBLIC RECORDS LAW Retention of Records Required period of retention is found on the Florida Division of Library and Information Services website

PUBLIC RECORDS LAW Common Mistakes Requiring information of requestor before releasing records (identity, purpose, etc.) Improperly calculating staff time/costs Failing to document appropriately

PUBLIC RECORDS LAW Consequences An unintentional violation of the Sunshine Law is a non-criminal infraction punishable by a fine of up to $500. A knowing or intentional violation is a 2nd degree misdemeanor punishable by a fine of not more than $500 and/or a jail term of not more than 60 days.

PUBLIC RECORDS LAW HELP Legal Questions: Sawsan Mohiuddin, Assistant County Attorney, 836-7369 Processing/Tracking System Questions: Brandy Davis, Public Records Coordinator, 836-5315

PUBLIC RECORDS LAW QUESTIONS?

Countywide Totals Total Number of Hours Spent: Total Number of Requests: Over 33,000 annually Standard – Over 13,000 Complex – Over 3,500 Time Intensive – Over 16,000 Total Number of Hours Spent: Over 20,000 annually Internal Process: All County Departments/Divisions have some type of internal system already established

PUBLIC RECORDS Statistics Who receives a majority of requests? Community Environmental Services and Developmental Corrections Fire Rescue

CEDS Average Number of Requests: 8,000 annually Standard – 4,895 (61%) Complex – 437 ( 6%) Time Intensive – 2,668 (33%) Approximate Time Spent: 3,500 hrs. annually Types of Requests: Building, Zoning, Concurrency, Planning Number of Staff Assigned: 1 FT w/10-12 members across the dept. that assist on a part time or as needed basis Development Services Specialist Internal Process: Yes

Corrections Average Number of Requests: 7,518 (Media and Inmate Administration) Standard – 3,735 (50%) Complex – 14 (Less than 1%) Time Intensive – 3,769 (50%) Approximate Time Spent: Over 2,500 hrs. annually Types of Requests: Arrest Reports, Mug Shots, Inmate Records, Jail Stats EEOC Complaints/Lawsuits Number of Staff Assigned: Risk Management Analyst, Multi-Media/Special Projects Coordinator, Communications Assistant Internal Process: Yes

Fire Rescue Average Number of Requests: 2,940 Standard – 1,470 (50%) Complex – 882 (30%) Time Intensive – 588 (20%) Approximate Time Spent: 15 mins. – Several Weeks Types of Requests: Fire and Medical Reports 9-1-1 Calls, Hazardous Material Spills State Attorney Requests and Law Enforcement Children and Families Services Union Related (Grievances, PDHs, Arbitrations) Number of Staff Assigned: FT Records Custodian/HR Asst. Internal Process: Yes