CMB Public Records Request Policy
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City of Miami Beach
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 119.07 addresses
exemptions to Public Records Access.
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.miamibeachfI.Qov/newcitv/librarv/c1erk-research.PDF.) 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@miamibeachfl.qov 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 email the information to the specific department's "Record Custodian." All
future correspondence regarding the request should reference the request number.
City of Miami Beach
Public Records Request Policy
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.
Cost:
Copies to be charge if total is $1.00 or more:
. .15 cents per one-sided copy for duplicated copies of not more than 14 inches by
81/2 inches;
. An additional .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 Statue 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) 6ffii 7411 f)
Reviewed by: ~r L~ Date: '/2-1-/200 S-
City Clerk
Approved by: "~<-~ /()6 Date: JJ 27/0S-
City M ger
Adoption date: 1/28/2005
F:\CLER\$ALL\PAULAIPublic Records RequestslPolicylResearch policy.doc
Amendment date: