R7F-Adopt Citys Revised Public Records-Request PolicyMIAMI BEACH
City of Miomi Beoch, I200 Convention Cenler Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.oov
Office of the City Attorney
RoulJ. Aguilo, City Attorney
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
City Manager Jimmy L. Morales
FRoM: Raul J. Aguila, City Attorne r7rLg, l-
Rafaet E. Granado, City Cterk / Z(
DATE: June 10,2015
SUBJECT: RESOLUTION ADOPTING CITY OF MIAMI BEACH'S REVISED PUBLIC
RECORDS/REQUEST POLICY AND REPEALING THE CITY'S 2OO5 PUBLIC
RECORDS POLICY.
ANALYSIS
Pursuant to the City Attorney and City Clerk's ongoing review of issues related to the City's
compliance with the Public Records Law (Florida Statute, Chapter 119), the existing City of
Miami Beach 2005 Public Records/Request Policy has been analyzed in order to ensure
conformity with relevant judicial and Florida Attorney General opinions issued since the City's
2005 Policy adoption. The suggested revisions, set forth in the attached "Revised City of Miami
Beach Public Records/Request Policy," primarily address updated issues concerning electronic
records as well as miscellaneous grammatical and format correction.
The City Attorney and City Clerk thus recommend the City Commission's consideration of the
attached Revised Public Records Policy for adoption, with corresponding repeal of the City's
2005 Public Records Policy.
Agenda ltem R--l F
Date k[O:lS568
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA ADOPTING THE CITY OF MIAMT BEACH'S
REVISED PUBLIC RECORDS/REQUEST POLICY AS THE CIffS OFFICIAL
PUBLIC RECORDS POLICY AND REPEALING THE CIry'S 2OO5 PUBLIC
RECORDS/REQUEST POLICY.
WHEREAS, consistent with the City of Miami Beach's long-standing commitment to
transparency in government, and for purposes of ensuring compliance with Florida's Public
Records Law (Florida Statutes, Chapter 1 19), in 2005 the City of Miami Beach formally adopted
its "Public Records/Request Policy", setting forth therein mandatory duties of City personnel
relative to the City's public records and corresponding rights of the public to disclosure thereof;
and
WHEREAS, the City Attorney and the City Clerk have reviewed the City's 2005 Policy in
order to ensure the City's compliance with recent judicial and Florida Attorney General opinions,
and in this regard have prepared the attached "Revised City of Miami Beach Public
Records/Req uest Policy" ;
WHEREAS, the City Attorney and the City Clerk recommend the City Commission's
adoption of the attached Revised Policy as more reflective of existing compliance with the
State's Public Records Law, and in this regard further recommend the City Commission's
corresponding repeal of the City's subject 2005 Public Records/Request Policy.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that having considered the issue of revisions
to the City's general municipal policy governing public records, it hereby accepts the above
recommendation of the City Attorney and City Clerk and thus adopts the attached "City of Miami
Beach Revised Public Records/Request Policy", and further repeals the City's former policy
concerning same as reflected in the City's 2005 Public Records/Request Policy.
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO
CITY CLERK
2015.
PHILIP LEVINE
MAYOR
APPROVED AS TO
FORM & LANGUAGEI FOR E)(ECUNON
ir\ |
569
REVISED 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 1 1 9.07(1 )(a).
I. POLIGY:
A. General Provisions:
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, Secfions 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.
ln addition to the statutory exemptions from public disclosure, records or portions of
records 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 are not
subject to disclosure. Sfafe of Florida v. City of Clearwater, 863 So. 2d 149 (F\a.2003), and
Media General Operation, lnc. v. Feeney,849 So.2d 3 (Fla. 1't DCA 2OO3), rev. den. 857 So.
2d 196 (Fla. 2003). Any "personal" or "exempt" information must be reviewed by the Department
Head (and in the event the "personal" or "exempt" information is that of the Department Head
said material must be reviewed by the City Manager's designee) in order to verify that said
material is not subject to public disclosure.
Public Records Requests must be responded to 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."
Each City Department shall assign a "Records Custodian" and a backup "Records
Custodian" to interface with the Office of the City Clerk and coordinate the departmental
retrieval of Public Records. lf a departmental Records Custodian is not assigned it will be
assumed that the Department Director and Assistant Department Director will assume the role.
Requests received for Police information shall be fonruarded to the Police Department.
Requests received from any of the collective bargaining units shall be fonrvarded to the
Office of Labor Relations.
1 Revised as of June 10, 2015.
570
B. Electronic Records:
Electronic communications to or from municipal personnel are covered by the Public
Records law, just like communications on paper. Accordingly, e-mails, tweets, texts2, facebook3
messages, Blackberry Pins, SMS communications (text messaging), MMS communications
(multimedia content), and instant messaging sent or received by City personnel (regardless of
whether on a City or private computer/telephone) in connection with the transaction of official
business, are public records and must be disclosed upon request, subject to applicable statutory
exemptions.
City personnel are to fonnrard all Blackberry Pins, SMS, instant messages, texts, and
lM/text conversations made or received pursuant to law or ordinance or created or received in
connection with official business to a City workplace provided e-mail address, where they can
then be printed or retained in an electronic format within the City's records as an e-mail
reflecting transmittal of the subject electronic communication. City personnel are to comply with
this forwarding requirement within 24 hours receiving/sending said electronic communication.
Accordingly, electronic public records are subject to the statutory restrictions on retention
and destruction of public records. See, Florida Statute section 257.36(6), which specifically
requires that a public record may be destroyed or otherwise disposed of only in accordance with
retention schedules established by the [State] Division of Library and lnformation Services
(Division) of the Department of Statea.
ln light of the above, City personnel are encouraged to consult with the City Attorney if
they have any questions concerning appropriate compliance with this Policy and/or the
Sunshine and Public Records Laws.
' ln determining the applicable retention period, keep in mind that text messages created primarily to
communicate information of short-term value may fall under the "Transitory Messages" record
series. (City Department Record Custodians: See, GeneralRecords Schedule GS/-SL for State and Local
Government Agencies). The term "transitory" refers to short-term value based upon the content and
purpose of the message, not the format or technology used to transmit it. Accordingly, transitory
messages are those "created primarily to communicate information of short-term value" and that are "not
intended to formalize or perpetuate knowledge and do not set policy, establish guidelines or procedures,
certify a transaction, or become a receipt." Examples include interoffice communications such as meeting
reminders, announcements of office events, and copies of formal agency announcements. (See Generat
Records Schedule GS/-SL for State and Local Government Agencies, V., Electronic Records, Etectronic
Communication and Transitory Messages.) The retention requirement for transitory messages is "retain
until obsolete, superseded or administrative value is lost."
t Note: the Attorney General has specifically held that material on the City's facebook page is presumably
in connection with the transaction of official business and is thus subject to the Pubiic Records Law
(although in any given instance, the determination would have to be confirmed by the Office of the City
Attorney).
a The Department of State has recognized that retention periods for text messages and other electronic
messages or communications "are determined by the content, nature, and purpose of the records, and
are set based on their legal, fiscal, administrative, and historical values, regardless of the format in which
they reside or the method by which they are transmitted." ln other words, it is the content of the electronic
communication that determines how long it is retained, not the technology that is used to send the
message.
2571
!t.
A.
PROCEDURE:
General Provisions:
1. A requestor can make a public records request to any City of Miami Beach personnel
in writing, by telephone by email or in person.o E-mail:
To request a public record via e-mail, the requestor may send an email to
researchrequest@miamibeachfl.qov or they may complete a "Research Request"
form on the City web page at:
http://www. m iam ibeachfl. oov/citvclerUresearchreq uest. aspx
. Mai!:
To request public records by mail, the requestor may send the request to: City of
Miami Beach, Office of the City Clerk, Attention: Public Records Request, 1700
Convention Center Drive, 1't Floor, Miami Beach, FL 33139.
o Telephone:
To request public records via telephone, the requestor may call the Office of the
City Clerk at 305.673.7411. The requestor may also contact the applicable
Department directly.
. ln Person:
To request public records in person, the requestor may visit the Office of the City
Clerk, located at City of Miami Beach City Hall, 1700 Convention Center Drive,
1't Floor, Miami Beach, FL 33139. The requestor may also visit the applicable
Department.
2. The initial contact person shall forward the completed request form to the Office of
the City Clerk (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 Office of the City Clerk is for tracking purposes only. The City
Department maintaining the requested records is responsible for responding to the
request.
3. Upon receipt of a public records request, the Office of the City Clerk will assign a
request number, and e-mailthe information to the specific City Department's "Record
Custodian." All future correspondence regarding the request should reference the
request number.
4. The Office of the City Clerk will maintain a log for all research requests with the
following information: date request made; requestor's name, telephone number, fax
number and email, item requested, name of person that the request is assigned to
and completed by, results of research, and status.
5. The Department's "Record Custodian" will notify the requestor of the estimated time
to process the request and related costs (see, lll "Cost Calculations" below) in
advance of the production of the requested records.
3572
. lt is important to make sure that the requestor is kept informed regarding the
status of the research request. The City is not permitted to require full payment in
advance of commencing production of records, but may request a deposit prior to
such commencement when dealing with records requests that involve "extensive
use of information technology resources or extensive clerical or supervisory
assistance by personnel of the agency involved, or both."
. Once the City has accumulated the records, the requestor must provide payment
in full before the City is required to produce the records. The City may also bill for
any shortfall between any deposit that has been paid by the requestor and the
actual cost of copying the public records when the copies have been made and
the requesting party subsequently advises that the records are no longer sought.
B. Miscellaneous Related Citv-Personnel Duties:
1. The City may refuse to produce additional records if the fees for a previous request
for records have not been paid by the requestor. See Lozman v. City of Riviera Beach,995 so.
2d 1027 (Fla. 4th DCA 2008). Should this situation arise, the Office of the City Attorney must be
consulted prior to the City Department's relaying such position to the requestor.
2. The City must provide a copy of the requested record in the medium requested if the
City maintains the record in that medium. The City is not required to furnish public records in a
format other than the standard format routinely maintained by the City. lf the City chooses to
provide records in a requested format that is different than the standard format used by it, the
requestor is responsible for the costs of converting or reformatting the information (in which
situation, the City Department handling the records request should prior to reformatting the
information, communicate with the requestor and obtain confirmation that he/she will assume
such additional reformatting fees and charges).
3. The Department "Record Custodian" will advise the Office of the City Clerk once the
request has been completed and the Office of the City Clerk will update the Request Log and
close the request.
III. COST GALCULATIONS:
A. Copies costs:
Copies to be charged if total is $1.00 or more:
o .15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8 %
inches;. An additional .05 cents for each two-sided copy;o For all other copies, the actual cost of duplication of the public records;. $1 per copy for a certified copy of a public record;o Utilities, office expenses, travel time and storage retrieval fees for public records stored off-
premises must not be included.
4
u See, i.e., City of Miami Beach Resolution 2006-26361 (adopted and incorporated by reference herein).
573
B. Special Service Charqe (in addition to copv costs):
The City shall, pursuant to statutory authorization set forth below, charge a "special
service charge" for "extensive use of information technology resources or extensive clerical or
supervisory assistance by personnel of the agency involved, or both" pertaining to records
requests of 112 houro or more.
Pursuant to Florida State Statute 119.07: "lf 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 112 hour or more which will be charged at the flat
rate of the employee's base salary and employee benefits (fringe benefits not included)
whose normal scope of duties include performing the function, even if an employee at a
higher pay level actually did the work. A higher rate may be charged for requests that
involve complex documents containing various exempt or confidential information-usually
this will involve documents that have to be reviewed by staff from the Office of the City
Attorney who possess the knowledge necessary to make decisions with respect to potential
exemptions, in which situation the cost assessment shall be calculated in consultation with
such personnel.
Questions regarding any portion of this policy should be directed to the Office of the City Clerk
at 305.673.7411 or the Office of the City Attorney at 305.673.7470.
Reviewed by:
Date:
Raul J. Aguila, City Clerk
Reviewed by:
Date:
Rafael E. Granado, City Clerk
Approved by:
Date:
Jimmy L. Morales, City Manager
T:\AGENOA\201s\June\City Clerk s Offi€\Public Remrds Policy\Public Records Policy - Revised June 1O 2015 version 2 b.doc
Revised: June 10,2015
u See, City of Miami Beach Resolution 2O1O-274}T
574
RESOLUTION NO.2006-26361
A RESOLUTION OF TIIE MAYOR AND CITY COMMISSION OF
TIIECITYoFMIAMIBEACH'FLoRIDA,AMENDINGCITYoF
MIAMI BEACII RESOLUTION NO. 2002-25075 WIIICH
ADoPTEDAFEESCHEDULEFoRCERTAIN
ADMINISTRATIVE SERVICES INCLTJDING POLICE
COURTESY FINGERPRINTING CARDS AND COSTS AND FEES
ASSOCIATED WITH REPRODUCING TIIE AI\NUAL BTJDGET
BOOIE COMPREIIENSIVE ANNUAL FINANCIAL REPORT' TIIB
CITY COMMISSION AGENDAS AI\D AGENDA PACKAGES OF
THECITYoFMIAMIBEACH,BYDELETINGOTHER
MISCELLAI\EOUS COPY COSTS PROVISIONS WHICH ARE'
OTHERWISE ADDRESSED IN THE CITY OF MIAMI BEACH'S
2005PUBLICRECoRDSREQUESTPOLICY'ASAMENDED.
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
- Citi Agenda Package (one year subscription): $35'00
WHEREAS, the remaining provisions in City Resolution No. 2002-25075 are
repealed inasmuch as they address oltrer miscellaneous copy costs of City records, which
"ort, *" 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 TIIE 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,
tUetity Conrlission Agendas and Agenda Packages, which fees and costs are reflected
hereinabove; all other copy costs and fees for public are hereby acknowledged
and addressed more specifically in the attached City
Records Request Policy, as amended.
PASSED and ADOPTED this l1th day
APPROVTD AS TO
FORn & IA|{GtJAOE
& FOR E,(ECI fiOhlF:\atto\OLLARESOS\Fee Schedule - JO.doc
Dermer
575
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
"*u-i.r"d by any person desiring to do so, at any reasonable time, under reasonable conditions
and under superviiion by the custodian of the public record or the custodian's designee." Florida
Statute, Chapter 1 1 9.07(lXa)
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 ll9, Sections 119.07 and 119.071 address
exemptions to Public Records Access, which exemptions must be speciftcally noted when
claiming an uemption in response to a public records request, Also uempt from public
disclosure are e-mails which are "private' or upersonal," as well as cell phone numbers
reflecting telephone conversations which are private or personal, and which were nol "made
or received pursuant to law or ordinance" nor "created or received 'in connection with olficial
business' of the City or 'in connection with the transaction of offtcial business' by the City.'
State of Florida v. City of Clearwater, 863 So. 2d 149 (Fla 2003), and Media General
Operaion, Inc. v. Feeney, 849 So. 2d 3 (Flu 1" DCA 2003), rev. den. 857 So. 2d 196 (Fla.
200s).
Any "personal" or "uempt" inlormation which has been placed into the separatefolders must
be verilied by your Department Head or by the City Manager's designee in the event the
"personal" ot "eJcempt" information is that of the Department Head - - this information will
not be released unless it is determined not to be "personsl" or "exempt.' However, all records
which are not perconal and/or not eJcempt are public records and must be provided to the
requesting party 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.
576
Procedure:
l.It shall be the initial contact person's responsibility to ask the requestor of a public
records request to complete a "Research Requesf' form on the City web page
(http://www.miamibeachfl.gov/newcityAibrar.v/clerk-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@miamib eachfl . gov or in person.
The transmittal of the completed request form to the City Clerk's office is for tracking
purposes only. The departrnent maintaining the requested records is responsible for
responding to the request.
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 comer of the request
form and e-mail the information to the specific deparhnent's "Record Custodian." All
future correspondence regarding the request should reference the request number.
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.
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)
o It is important to make sure that the requestor is kept informed regarding the
status ofthe 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.
2.
J.
4.
577
Cost:
Copies to be charged if total is $1.00 or more:
a
a
a
a
.15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8 %
inches;
An additional .05 cents for each two-sided copy;
For all other copies, the actual cost of duplication of the public record;
$l per copy for a certified copy of a public record;
Storage retrieval fees must not be included.
Labor to be charged for I 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 s6extensive" shall be defined as labor of t hour or more which will
be charged at the flat rate of the employee (fringe benelits 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 oflice at
(30s)673-74r1.
Reviewed by:Date:(as amended October, 2006)
City Clerk
Approved by:Date:(as amended October, 2006)
City Manager
F:\atto\OLIJ\Policy - Public Records and Request Policy.doc
578
OFFICE OF THE CITY ATTORNEY
A
JOSE SMITH
City Attorney
Telephone:
Fecsimile:
@W{,ZtomiWilil
COMMISSION MEMORANDUM
TO:DATE: October 71,2006
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 F'EE SCHEDULE F'OR
CERTAIN ADMINISTRATIVE SERVICES INCLUDING POLICE COURTESY
FINGERPRINTING CARDS AND COSTS AND FEES ASSOCIATED WITH
REPRODUCING THE AI\I\ruAL BUDGET BOOK COMPREHENSIVE ANNUAL
FINANCIAL REPORT, THE CITY COMMISSION AGENDAS AF{D AGENDA
PACKAGES OF THE CITY OF MIAMI BEACH, BY DELETING OTHER
MISCELLANEOUS COPY COSTS PROVISIONS WHICH ARE OTHERWISE
ADDRESSED IN TIIE CITY OF MIAMI BEACH'S 2OO5 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 conceming 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.
(30s) 673-7470
(30s) 673-7002
MAYOR DAVID DERMER
MEMBERS OF THE CITY COMMISSION
CITY MANAGERJORGE GO
JO/sc
F:\atto\OLI.I\CMEMO\Fee Schedule.doc Agenda
17fi) Convention Center Drive - tr'ourth Floor - Miami Beach,
Item cl R
D^te-/0- //4 b
579
;,i
,l't
i
RESOLUTION NO.
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE TIME FRAME
FROM ONE HOUR TO THIRTY (30) MTNUTES FOR THE TMpOStTtON
OF A SPECIAL SERVICE CHARGE, PURSUANT TO SECTION
119.07(4XD) OF THE FLORTDA STATUTES, FOR THE COSTS: INCURRED FOR THE EXTENSIVE USE OF INFORMATION
TECHNOLOGY RESOURCES, OR FOR THE LABOR GOSTS OF
EXTENSIVE CLERICAL OR SUPERVISORY ASSISTANCE BY
PERSONNEL OF THE CITY, OR BOTH, FOR PUBLIC RECORDS
REQUESTS.
WHEREAS, it is the policy of the State of Florida, pursuant to the public records
provisions in Chapter 119 of the Florida Statuteswhich are subjectto certain stated exceptions,
that state, county, and municipal records are open for personal inspection and copying by any
person; and
WHEREAS, Section 119.07(4Xd) of the Florida Statutes provides that if 'lhe 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 teehnology 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 incurrbd foi 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"; and
. WHEREAS, in many other local governments in Miami-Dade and Broward Counties, the
extensive use of. information technology resources or clerical or supervisory assistance has
been defined as labor exceeding thirty (30) minutes after which a special service charge is
imposed for assistance in responding to public records requests, and
WHEREAS, in the City of Miami Beach it is reasonable to impose a special service
charge for the extensive use of information technology resources or the labor costs of clerical or
supervisory assistance with public records requests when such assistance exceeds thirty (30)
minutes.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the extensive use of
information technology resources or clerical or supervisory assistance for purpose of assisting
with responses to public records requests pursuant to Chapter 119 of the Florida Statutes, shall
be defined as labor that is provided in excess of thirty (30) minutes for which a special service
charge,.authorized by Section 1 19.07(4Xd) of the Florida Statutes, may be imposed by the City.
PASSED and ADOPTED this AO+U day of September,2OlO.
ATTEST:
V,l,*r{^d^^
MAYOR
ROBERT PARCHER, CITY CLERK
lt$-to
2010-27497
toRM & t
& FOR
F:\atto\TURN\RESOS\CIerical Assistancej for Public Records Requests.docx DAIE580
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The MayoiAnd City Commission Of The City Of Miami Beach, Florida, Rmending the tinre
Frame From One Hour To Thirty (30) Minutes For The lmposition Of Special Service Chgrges, Pursuant To
Section 1 19.079(D) Of The Florida Statutes, For The Costs lncurred For The Extensive Use Of lnformation
Technology Resources, Or For The Labor Costs Of Extensive Clerical Or Super:visory Assistance By
Personnel Of The City, Or Both, For Public Record
lssue:
Shall the City adopt this resolution to amend the existing Public Records Request
Item Summary/Recommendation:
The Florlda Stature allows authorization as follows: ... "lf the nature or volume of public records requested to
be inspected or copied 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 thd agency or attributable to the agency for the
clerical and supervisory assistance required, or both."
Under the City of Miami Beach Public Records Request Policy, the term "extensivel'shall be defined as labor of
one (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.
lf this resolution is adopted; the definition of "extensive" shall be defined as labbr of half an hour (1/2 hour) or
more..
Financial lnformation :
Source of
Funds:
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Financial lmpact Summary:
Robert E. Parcher, City Clerk
AGENBA ITEM C1 A,or, 1-0.0-70g MIAMIBEACH
581
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Ciryi"f Miomi Beoch, 1700 Convention Center Dr,ive, Miomi Beoch, Florido .33'l39, www.miomibeochfl.gov
tI coMMrssroN MEMoRANDUM
I
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM:Jorge M. Gonzalez, City Manager
DATE: September 20, 2O1O
SUBJECT: A RESOTUTION OF THE MAYOR AND cITY coMMISsIoN oF THE cITY oF MIAMI
BEACH, FLORIDA, AMENDING THE T|ME FRAME FROM ONE HOUR TO THIRTY (30)
MINUTES FOR THE IMPOSITION OF SPECIALSERVICE CHARGES, PURSUANTTO
sEcIoN 119.079(D) OF THE FLORTDA STATUTES, FOR THE COSTS INGURRED
FOR THE EXTENSIVE USE OF INFORMATION TECHNOLOGY RESOURCES, OR
FOR THE LABOR COSTS OF EXTENSIVE CLERICAL OR SUPERVISORY
ASSISTANCE BY PERSONNEL OF THE CITY, OR BOTH, FOR PUBLTC RECORD
REQUESTS.
aDutrulsrRAnoru Recoutueruoarton
The Administration recommends that the City Commission approve the resolution.
BACKGROUND
The Florida Legislature recently debated Senate. Bill 1598, which required all elected and appointed public
officials to undergo education and training on the requirements of the Sunshine in Government Aci, and
provided that if the nature or volume of the public record requested to be inspected or copied required more
than 30 minutes of agency resources, the agency may charge a fee for the agency resources incurred, etc.
Staff costs may be charged only for a public-record request that requires more than 30 minutes of the staff
member's time to complete. Staff costs must be calculated based on the base hourly rate of the lowest paid
staff memberwho is capable of providing the requested public record, including the cost of any supervisory
assistance. Although the Bill died at committee, the 30-minute policy is justifiable for the City of Miami
Beach, due to the amount of public records requests processed throughout the departments.
The Florida Stature allows authorization as follows: .,. "lf the nature or volume of public records requested
to be inspected or copied 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,ior both."
Under the City of Miami Beach Public Records Request Policy, the term "extensive" shall be defined as
labor of one (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.',
lf this resolution is adopted, the definition of "extensive" shall be defined as labor of half an hour (1/2 hour)
or more.
ANALYSTS
ffre CitV Clerk's Office has compiled a list of municipalities performing Public Records Requests and their
regarding "extensive" use of clerical or supervisory- assistance throughout Miami-Dade and Broward
Counties (see second page). lt has been estimated that the average "extensive" use of labor is assesSed
roughly after thirty (30) minutes.
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Municipality "Extensive" Use of
Clerical/Supervisory Assistance
Policy
Coral Gables After 20 minutes Ordinance 2004-39
Fort Lauderdale N/A
Hialeah No time set
Hoinestead After 15 minutes
Miami After 20 minutes
MiamiShores After one hour
Miami-Dade Countv After 20 minutes Administrative Order 4-48
North Miami After 10 minutes First 35 paqes are free
Pembroke Pines After 30 minutes
Pinecrest N/A
South Miami After three or more hours No policv in place
Sunnv lsles After two hours
Sunrise After 30 minutes
icottct-usrott
;The Administration recommends approval of the resolution.
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