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Resolution 80-16476 • r • RESOLUTION NO. 80-16476 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING ACCEPTANCE OF FINAL SETTLEMENT OF LITIGATION IN CONNECTION WITH PHOTOCOPYING COSTS OF POLICE ACCIDENT RE- PORTS. WHEREAS, for the reasons more particularly set forth in Commission Memorandum No. 8546 , the City Commission of the City of Miami Beach deems it to be in the best interest of the City to enter into a final settlement as hereinabove set forth ; and WHEREAS, the City Manager and the City Attorney has recommended that the City enter into said Settlement; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney be and is hereby authorized and directed to execute any and all documents necessary to be executed by the City in connec- tion with the acceptance of a settlement not to exceed $9,152. 00. PASSED and ADOPTED this 19th day of November , 1980. May. Attest: him..,/-/6j - 74-4 /2611/4•1 City Clerk FORM APPROVED L M DEPT. Date 2' 71.2..L...-m BMS :el OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH.FLORIDA 33139 OFFICE OF THE CITY ATTORNEY • 624 vc.Am. mid • F L O R I D A JOHN A. RITTER y� �' TELEPHONE :673-7470 CITY ATTORNEY COMMISSION MEMORANDUM NO. 8546 DATE: November 5, 1980 TO: Mayor Murray Meyerson and Members of the City Commission City Manager Harold T. Toal FROM: John A. Ritter City Attorney SUBJECT: SETTLEMENT OF ROBERT LOBEAN' S COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES FOR VIOLATION OF CHAPTER 119, THE PUBLIC RECORDS LAW, FLORIDA STATUTES The above-referenced party filed suit against the City of Miami Beach alleging violations of the Public Records Law. The Plaintiff is in the business of procuring uncertified copies of accident reports for insurance companies which are prepared by the various police departments , including the Miami Beach Police Department. Either he or his employees use a portable photocopy machine to make copies of such accident reports . The Miami Beach City Commission passed Resolution No. 78-15725A on September 29, 1978, establishing a charge of $8. 00 per accident report of up to three pages. It is the Plaintiff 's position that in charging the fee, the City of Miami Beach is in violation of Section 119. 08, F.S. The Plaintiff is seeking to restrain the City of Miami Beach from charging any fee to the Plaintiff for the pur- pose of photocopying accident reports prepared and filed by inves- tigative officers which are not privileged or confidential . It should be emphasized that the Plaintiff 's position is based upon the fact that he is using his own equipment and material to photo- copy the records while in the Police Station ; therefore, the fee charged to the general public would not be applicable. We have checked with other municipalities to determine how they are handling the same situation, and the following is a synopsis of the fees charged by other municipalities. Price of City Police Report Mr. Lobean Miami $ 8. 00 $ 3. 00 Hialeah 3. 00 3. 00 Metro 3. 00 1 . 00 The City's Motion to Dismiss Lobean 's Complaint was denied and the Court requested that the parties try to reach an amicable settlement. The parties are in agreement that the City is entitled to a fee. After extensive review by the City Attorney 's Office and the Administration, and in light of an Opinion rendered by the Attorney General 's Office (a copy of which is attached hereto) , the parties negotiated a settlement of $2. 00 per police accident report. In addition, the City must reimburse the Plaintiff for the difference Page 1 of 2 between the Settlement amount and the $8. 00 per accident report collected since the filing of the Complaint (February 26, 1979) . The total amount of the Settlement is $9 ,152. 00. Upon the Commission 's approval of the terms of the Settlement and the disbursement of the funds hereunder , the Court will dismiss this cause with prejudice. Prepared by Bruce M. Singer, Assistant City Attorney BMS/el Page 2 of 2 • ( 1 ) •I • i��, l �ty$Y Ca\p, e,/ Wi \ , DEPARTMENT OF LEGAL AFFAIRS I�' OFFICE OF THE ATTORNEY GENERAL -,:nil: pP, ISOF FAPC6 THE CAPITOL TALLAHASSEE, FLORIDA 32304 JIM ITH Attorney General June 15, 1979 xy E C E ' V E State of Florida JUN 2 01979 CITY ATTORNEY'S OFFICE By Robert L. Shevin, Esquire City Attorney City of Miami Beach 1700 Convention center Drive. Miami Beach, Florida 33139 Re: PUBLIC RECORDS LAW--POLICE ACCIDENT REPORTS-- application of the Public Records Law to inspecting, and examining, and photographing police reports. §§119. 07 and 119. 08 , F.S. Dear i:r. Shevin: This is in response to your inquiry of May 31, 1979, in which you requested an opinion of this office concerning the right of access to police reports and the formula to be used in setting fees for copying those reports. You questioned whether an individual who brings a portable copying machine has the right to plug into the City of Miami Beach' s electrical outlet in order to make copies of police accident reports. Section 119 . 08 (1) , F.S. , provides : In all cases where the public or any person interested has a right to inspect or take extracts or make copies from any public record, instruments or documents, any person shall hereafter have the right of access to said records, documents or instruments for the purpose of making photographs of the same while in the possession, custody and control of the lawful custodian thereof, or his authorized deputy. It is well established that police accident reports are not exempt from the inspection and examination requirements of the • Robert L. Shevin, Esquire Page Two Public Records Law, Ch. 119, F.S. See AGO's 077-49, 072-168 , 056-286. In AGO 072-168, this office concluded that "an accident report made by the officer investigating the accident is not immune from inspection. " The only exception relevant to this inquiry is the immunity from Ch. 119, F.S. , provided by §316. 066 (4) , F.S. , for accident reports made by the individual involved in an accident. However, the individual, or his duly authorized representative, has a right to inspect and copy his own accident report. For a more complete discussion, see AGO 077-49. As to the right of an individual, who seeks to inspect and copy a police accident report, to plug into the city' s electrical outlet, it is my opinion that an individual has such right. While there are no judicial decisions or formal Attorney General Opinions directly on point, to answer this question to the contrary would fly in the face of the legislative intent for the passage of Ch. 119 and would, in effect, completely vitiate the important public right granted by §119 . 08, F.S. Section 119. 08, F.S. , was enacted to allow the public access to, and the right to photocopy, public records. Such inspection and copying as provided by subsection (2) of §119 . 08 must be done with the "supervision of the lawful custodian" and must "be done in the room where the said records, documents or instruments are by law kept" or if it is impracticable to do the work there it must "be done in such other room or place as nearly adjacent to the room where the said records, documents and instruments are kept as determined by the lawful custodian thereof. " Id. Since the public records must remain in the possession of the lawful custodian, to determine that an individual has no right to use the city' s electrical outlet, would mean that a person desiring copies would have to pay the city to furnish copies as provided by §119. 07, F.S. This section, §119. 07, also requires public inspection of public records, and therefore, §119. 08, F.S. , under a contrary interpretation, would be a meaningless, or at best a redundant, piece of legislation. As the Florida Supreme Court stated in Wilensky v. Fields, 267 So. 2d 1, at 5 (Fla. 1972) : "A statute is to be construed so that it is meaningful in all of its parts. " See also, Ozark Corp. v. Pattishall, 185 So. 333 (Fla. 1938) . Your access question is answered accordingly. You also questioned what formula should be used in setting the fee for photocopying police accident reports. Relevant to the factual situation presented in your inquiry, §119. 08 (3) , F.S. , provides: . ( Robert L. Shevin, Esquire Page Three Where the providing of another room or place is necessary, the expense of providing the same shall be paid by the person desiring to photo- graph the said records, instruments or documents. While the said work hereinbefore mentioned is in progress, the lawful custodian of said records may charge the person desiring to make the said photographs for the services of a deputy of the lawful custodian of said records, documents or instruments to supervise the same, or for the services of the said lawful custodian of the same in so doing at a rate of compensation to be agreed upon by the person desiring to make the said photographs and the Custodian of the said records, documents or instruments, or in case the same fail to agree as to the said charge, then by the lawful custodian thereof. g< Thus, a reasonable charge may be made for the services of a deputy to supervise the inspection and photocopying to insure that the public records are not damaged or misplaced. Generally, as to fees which may be lawfully imposed for providing copies of public records, §119. 07 (1) , F.S. , in relevant part, provides : "The custodian shall furnish copies or certified copies of the records upon payment of fees as prescribed by law or, if fees are not prescribed by law, upon payment of the actual cost of duplication of the copies. (e. s. ) In AGO 075-50, this office determined that Ch. 119 , F.S. , constitutes a state preemption of the field of public - records and, therefore, fee charges are not a proper or valid subject of attempted local legislation. In the absence of a statute setting the fee for copies of police accident reports and I am aware of none, the only charge authorized by §119. 07 (1) , F.S. , is for "the actual cost of duplication. " See also, Part II, Section F of the Florida Open Government Laws Manual, a copy of which is enclosed. I trust that these comments have been of assistance to you concerning this matter. This informal advisory opinion Robert L. Shevin, Esquire Page Four reflecting the views of the writer was prepared by the Division of Opinions. Sincerely, jgL., DIVISION OF OPINIONS • at)-L . Li ' CRAIG B. WILLIS Assistant Attorney General CBW/is Enclosure RESOLUTION NO. 78-15725A A RESOLUTION ESTABLISHING POLICE SERVICE FEES AS OF OCTOBER 1, 1978, OR AS SOON THEREAFTER AS MAY BE IMPLEMENTED. E IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: ECTION 1: That effective October 1, 1978, or as soon thereafter as can be implemented, the following police service fees will be charged: 1. Accident Reports (photocopies) $ 8.00 $8.00 for an Accident Report, not exceeding four pages, and an additional $8.00 for each four pages or portion thereof. 2. Crime Reports (photocopies) 8.00 $8.00 for a Crime Report, not exceeding four pages, and an additional $8.00 for each additional four pages or portion thereof. 3. Good Conduct Certificate 8.00 4. Photographs 4" x 5" (black and white) 4.00 8' x 10" (black and white) 10.00 5. Courtesy Fingerprinting 5.00 II SECTION 2: All other resolutions and/or administrative schedules in conflict herewith be and the same are hereby repealed. PASSED and ADOPTED this 29th day of September, 1978. 411/1( - dL..1114/146., Mayor ATTEST: 4 / —, . City Clerk UK1li11VAL RESOLUTION NO. 80-16476 (Authorizing acceptance of final settlement of litigation in conncection with photo- copying costs of Police Accident Reports) 41116. • 0 • .