Resolution 2006-26361 RESOLUTION NO. 2006-26361
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CITY OF
MIAMI BEACH RESOLUTION NO. 2002-25075 WHICH
ADOPTED A FEE SCHEDULE FOR CERTAIN
ADMINISTRATIVE SERVICES INCLUDING POLICE
- - -COURTESY-FINGERPRINTING_CARDS AND COSTS AND_FEES
ASSOCIATED WITH REPRODUCING THE ANNUAL BUDGET
BOOK, COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE
CITY COMMISSION AGENDAS AND AGENDA PACKAGES OF
THE CITY OF MIAMI BEACH, BY DELETING OTHER
MISCELLANEOUS COPY COSTS PROVISIONS WHICH ARE
OTHERWISE ADDRESSED IN THE CITY OF MIAMI BEACH'S
2005 PUBLIC RECORDS REQUEST POLICY, AS AMENDED.
WHEREAS, in City of Miami Beach Resolution No. 2002-25075, the following
administrative fees were established:
-Police courtesy finger print cards, each: $10.00
- Annual Budget Book: $25.00
- Comprehensive Annual Financial Report: $25.00
- City Agenda Package (with back-up material): $10.00
- City Agenda Package (one year subscription): $35.00
WHEREAS, the remaining provisions in City Resolution No. 2002-25075 are
repealed inasmuch as they address other miscellaneous copy costs of City records, which
costs are addressed more specifically within the attached City of Miami Beach's 2005
Public Records Request Policy, as amended.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that City of
Miami Beach Resolution No. 2002-25075 is hereby amended to delete all references to
administrative fees and copy costs for public records other than Police Courtesy
Fingerprinting Cards, the Annual Budget Book, Comprehensive Annual Financial Report,
the City Commission Agendas and Agenda Packages, which fees and costs are reflected
hereinabove; all other copy costs and fees for public reco ds are hereby acknowledged
and addressed more specifically in the attached City i 'Beach's 2005 Public
Records Request Policy, as amended.
PASSED and ADOPTED this 1 I th day o 006.
AT ST:
YORDavid Dermer
a APPR~1fED /~.S Tt'~
CITY CLERK ~Q~M & ~~~a~
Robert Pazcher , ~Tf
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OFFICE OF THE CITY ATTORNEY
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City Attorney ~ Facsimile: (305) 673-7002
~ COMMISSION MEMORANDUM
TO: MAYOR DAVID DERMER DATE: October 11, 2006
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE GONZALEZ
FROM: JOSE SMITH
CITY ATTORNE
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CITY OF MIAMI BEACH
RESOLUTION NO. 2002-25075 WHICH ADOPTED A FEE SCHEDULE FOR
CERTAIN ADMINISTRATIVE SERVICES INCLUDING POLICE COURTESY
FINGERPRINTING CARDS AND COSTS AND FEES ASSOCIATED WITH
REPRODUCING THE ANNUAL BUDGET BOOK, COMPREHENSIVE ANNUAL
FINANCIAL REPORT, THE CITY COMMISSION AGENDAS AND AGENDA
PACKAGES OF THE CITY OF MIAMI BEACH, BY DELETING OTHER
MISCELLANEOUS COPY COSTS PROVISIONS WHICH ARE OTHERWISE
ADDRESSED IN THE CITY OF MIAMI BEACH'S 2005 PUBLIC RECORDS
REQUEST POLICY, AS AMENDED.
The attached Resolution has been drafted as a housekeeping measure for purposes of clarifying the City's
public records policy. City of Miami Beach Resolution No. 2002-25075, which addresses copy costs of
certain public records is being amended inasmuch as said costs have been addressed more specifically
within the City's 2005 public records request policy, as amended and attached. The remaining provisions in
City Resolution No. 2002-25075 concerning the following administrative fees remain intact:
-Police courtesy finger print cards, each: $10.00
- Annual Budget Book: $25.00
- Comprehensive Annual Financial Report: $25.00
- City Agenda Package (with back-up material): $10.00
- City Agenda Package (one year subscription): $35.00
The attached Resolution is thus ready for City Commission review.
Jo/sc Agenda Item
F:~atto\OLIJ~CMEM01Fee Schedule.doc
1700 Convention Center Drive -- Fourth Floor -Miami Beach, Date ~~"~~~,6
City of Miami Beach 2005
Public Records/Request Policy
• "Every person who has custody of a public record shall permit the record to be inspected and
examined by any person desiring to do so, at any reasonable time, under reasonable conditions
and under supervision by the custodian of the public record or the custodian's designee." Florida
Statute, Chapter 119.07(1)(a)
Policy:
Public records shall be inspected and examined by any person desiring to do so, at any
reasonable time under reasonable conditions, and under departmental supervision.
It is the policy of the City of Miami Beach that all public records shall be open for personal
inspection by any person; Florida Statute, Chapter 119, Sections 119.07 and 119.071 address
exemptions to Public Records Access, which exemptions must be specifically noted when
claiming an exemption in response to a public records request. also exempt from public
disclosure are a-mails which are `private" or "personal," as well as cell phone numbers
reflecting telephone conversations which are private or personal, and which were not "made
or received pursuant to law or ordinance" nor "created or received `in connection with official
business' of the City or `in connection with the transaction of official business' by the City."
State of Florida v City of Clearwater, 863 So. 2d 149 (Fla. 2003), and Media General
Operation, Inc. v Feeney, 849 So. 2d 3 (Fla. 1S` DCA 2003), rev. den. 857 So. 2d 196 (Fla.
2003).
Any `personal" or "exempt" information which has been placed into the separate folders must
be verified by your Department Head or by the City Manager's designee in the event the
`personal" or "exempt" information is that of the Department Head - -this information will
not be released unless it is determined not to be `personal" or "exempt" However, all records
which are not personal andlor not exempt are public records and must be provided to the
requesting parry within a reasonable time.
Public Records Requests must be completed in a timely manner. The Florida Supreme Court has
stated that the only delay in producing records permitted under Florida Statute Chapter 119 "is
the limited reasonable time allowed the custodian to retrieve the record and delete those portions
of the record the custodian asserts are exempt."
Requests received for Police information shall be forwarded to.the Police Department.
Requests received from any of the collective bargaining units shall be forwarded to the office of
Labor Relations.
Each City Department shall assign a "Records Custodian" and a backup "Records Custodian" to
interface with the City Clerk's office and coordinate the departmental retrieval of Public
Records. If a departmental Records Custodian is not assigned it will be assumed that the
Department Director and Assistant Department Director will assume the role.
Procedure:
1. It shall be the initial contact person's responsibility to ask the requestor of a public
records request to complete a "Research Request" form on the City web page
-- -- -(http://www.miamibeachfl.gov/newcity/library/clerk-research.P-DF )-If-the--requestor----
refuses or fails to fully complete the form, the contact person shall complete the form.
The contact person shall forward the completed request form to the City Clerk's
office (with a copy of any written public records request) either electronically to
researchrequest(a~miamibeachfl. og_v or in person.
The transmittal of the completed request form to the City Clerk's office is for tracking
purposes only. The department maintaining the requested records is responsible for
responding to the request.
2. Upon receipt of the "Research Request" form the City Clerk's office will assign a
request number which will be written on the upper right hand corner of the request
form and a-mail the information to the specific department's "Record Custodian." All
future correspondence regarding the request should reference the request number.
3. The City Clerk's office will maintain a log for all research requests with the following
information: date request made; requestor's name, phone number, fax number and
email, item requested, name of person that the request is assigned to and completed
by, results of research, and status.
4. The department's "Record Custodian" will notify the requestor of the estimated time
to process the request and cost of the request. (cost calculations below)
• It is important to make sure that the requestor is kept informed regarding the
status of the research request.
• Depending on the estimated cost, a deposit may be requested for extensive
research requests.
5. The department "Record Custodian" will advise the City Clerk's office once the
request has been completed and the Clerk's office will update the Request Log and
close the request.
i
cost:
Copies to be charged if total is $1.00 or more:
-- ~ • .1-5-cents-per-one-sided copy for-duplicated-copies-of-not-more-than-l4-inches-by-8-%z --
inches;
• An additiona1.05 cents for each two-sided copy;
• For all other copies, the actual cost of duplication of the public record;
• $1 per copy for a certified copy of a public record;
' • Storage retrieval fees must not be included.
Labor to be charged for 1 hour or more:
Pursuant to State Statute 119.07
• If 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.
For the purpose of public records requests made to the City of Miami Beach,
the term "extensive" shall be defined as labor of 1 hour or more which will
be charged at the flat rate of the employee (fringe benefits not included)
whose normal scope of duties include performing the function.
Questions regarding any portion of this policy should be directed to the City Clerk's office at
(305)673-7411.
Reviewed by: Date: (as amended October, 2006)
City Clerk
Approved by: Date: (as amended October, 2006)
City Manager
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