- Chapter - Florida Statutes - The Florida Senate
- Access to Public Records in Florida
- Florida Public Records Guide
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The widest possible access to existing public records is encouraged by making copies of those records available for a fee not to exceed the actual cost of duplication, and, if the nature or volume of public records requested to be inspected, examined, or copied requires extensive use of agency resources, the minimal additional cost to cover such extensive use of agency resources.
When these public records are shared such that a single custodian cannot clearly be identified, the custodian most responsible for maintaining access to these public records shall have custodial responsibility; and. A cost benefit analysis shall be conducted to determine whether the benefit of collecting fees for providing access to public records outweighs the cost to [government entity] of processing such fees.
Providers should accept requests for public records in writing, by electronic mail, by telephone, by facsimile, or in person. The provider may ask the requester to complete forms to assist in defining or documenting the facts necessary for completing records requests; however, the requester is not obligated to complete these forms as a condition for obtaining the public records requested.
The Public Records Law allows government agencies to collect the actual cost of material and supplies used to duplicate public records for requesters.
Chapter - Florida Statutes - The Florida Senate
The custodian is responsible for determining the actual cost of duplication when public records requests are produced using a material other than those listed below. Extensive use charges shall not be randomly or automatically applied. Rather, each public records request must be evaluated to determine if extensive use charges are warranted. Extensive use charges shall be applied in conformity with the definition set forth on page 5 of these guidelines.
Charges Waivers — Fees or charges may be waived between [governmental entity] and other government agencies, by agreement between management, when the recurring exchanges or data sharing between agencies negates the need to apply these fees. The [governmental entity] is responsible for protecting information defined as confidential or as otherwise prohibited from public inspection or copying under the Public Records Law.
A list of [governmental entity] records presently exempt from public inspection, examination, and copying is found at Attachment 2 [to be compiled and attached by governmental entity].
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Any exemption in existence or hereafter enacted shall not be deemed waived or otherwise void or unenforceable simply because it is not included in this list. The Florida Statutes should be consulted for a more complete understanding of a particular exemption. The following standards and controls should be followed to prevent the inadvertent or unauthorized release of confidential and exempt information:. Confidential information shall be redacted extracted from records prior to public release or examination of the nonexempt portions. Future data processing Systems which are expected to maintain or provide access to confidential or sensitive records shall be designed with redaction capabilities so that only nonexempt portions of records can be extracted and made available to a public records requester.
Redaction capability shall be a component in the redesign of existing systems.
Access to Public Records in Florida
Providers are responsible for informing the requester when requests cannot be filled due to an exemption which prevents disclosure. Upon request, the provider must provide the basis for this exemption and its statutory citation. For the purpose of this directive, the following terms are defined:.
Confidential or Sensitive Records — Records which are presently provided by law to be confidential or which are prohibited from being inspected by the public by either general or special Jaw. Provider — The individual within [governmental entity] , usually the public records custodian or designee, who makes public records available to a requester for inspection, examination, or copying. Public Record — All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, or other material, regardless of 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.
Requester — A person, firm, association, joint venture, partnership, estate, corporation, or any other group or combination who has made a public records request to inspect, examine, copy, or receive copies of documents in the custody or control of the [governmental entity] pursuant to chapter , Florida Statutes. Responsible Office: [appropriate office within governmental entity].
Requesting Public Records Ten practical tips for the Public Records Act requester Florida has a well-deserved reputation for allowing public access to most government records.
Here are ten practical tips that can help open up public records: 1. Put the request in writing. Ask to inspect unfamiliar or voluminous records.
Florida Public Records Guide
Agree in advance to pay 15 cents per page for copies of records that are only a few pages. The requestor will be required to remit additional monies upon release of the documents to pay for any costs in excess of the estimate. We will continue to add documents and information as we identify some of the most frequently requested public records. Cost Recovery Policy Estimates: Upon receiving requests for public records, the Office of Open Government will provide an itemized estimate to the person initiating the request.
Comments are closed. Under Florida law, e-mail addresses are public records.
If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Some fees for copies of records of the Department of Financial Services are established in section Other specific fees are provided in other Department statutes. Fees for copies of records that are not listed specifically in statutes administered by the Department are provided in section Fees for those records generally are 15 cents per page for paper copies.
Some requests, however, may be subject to a statutorily authorized special service charge, in addition to the actual cost of duplication, for 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. Service charges are determined by the lowest paid employee capable of filling the public records request.
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More information about the special service charge is available here.