1. Public Records
May 26, 2016

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

3. 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.”

4. 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?

5. 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
- s
- Text messages
- Video/Audio recordings

6. PUBLIC RECORDS LAW Email Email is a public record
- County retains a copy of 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

7. PUBLIC RECORDS LAW Form of Request Requests may be made via:-
- Verbally
- Fax
- Letter
Requests should be entered into the public records tracking system
Cannot require the requests to be made in writing

8. 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

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

10. 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 s, Texts, HR Records, etc.)

11. 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 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

12. 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

13. 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

14. 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

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

16. 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

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

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

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

20. 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.

21. PUBLIC RECORDS LAW HELP Legal Questions:
Sawsan Mohiuddin, Assistant County Attorney,
Processing/Tracking System Questions:
Brandy Davis, Public Records Coordinator,

22. PUBLIC RECORDS LAW
QUESTIONS?

23. 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

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

25. CEDS Average Number of Requests: 8,000 annually Standard – 4,895 (61%)
Complex – ( 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

26. Corrections Average Number of Requests: 7,518
(Media and Inmate Administration)
Standard – 3,735 (50%)
Complex – (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

27. Fire Rescue Average Number of Requests: 2,940 Standard – 1,470 (50%)
Complex – (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