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HomeMy WebLinkAbout738-17 Public Records Requests Fees ! RESOLUTION NO. 738-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, PASCO COUNTY FLORIDA, FINDING THE NECESSITY TO ADOPT A POLICY AND FEE SCHEDULE WITH RESPECT TO PUBLIC RECORDS REQUESTS CONSISTENT WITH FLORIDA STATUTES CHAPTER 119; PROVIDING FOR DEFINITIONS OF APPLICABLE PUBLIC RECORDS; PROVIDING FOR A BASIC FEE SCHEDULE FOR PRODUCTION OF COPIES; PROVIDING FOR A REASONABLE SPECIAL SERVICE CHARGE WHEN THE NATURE OR VOLUME OF SUCH REQUESTS REQUIRE EXTENSIVE USE OF INFORMATION, TECHNOLOGY, RESOURCES, OR EXTENSIVE CLERICAL OR SUPERVISORY ASSISTANCE BY PERSONNEL OF THE CITY OF ZEPHYRHILLS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is a necessity that the City Council of the City of Zephyrhills, Florida,be in compliance with Florida Statutes, Chapter 119; with respect to requests for public records of the City; and WHEREAS, it is the policy of the City of Zephyrhills (the "City") that all municipal records, with the exception of exempted records identified by Florida Statutes, Chapter 119.071 or other applicable sections of Florida Statutes, shall be open for personal inspection by any person; and WHEREAS, the nature or volume of such requests for public records can potentially require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, PASCO COUNTY, FLORIDA, THE FOLLOWING POLICY AND FEE SCHEDULE BE ADOPTED WITH RESPECT TO PUBLIC RECORD REQUESTS: SECTION 1 —Definitions "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the 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 the City(F.S. Chapter 119.011(12). For the purpose of this policy, "reasonable" time to provide access to public records is during normal working hours: Monday-Friday, 8:00 a.m.to 5:00 p.m. "Reasonable"timeframe to provide copies, dependent upon the volume of records requested, may be up to three (3) working days." "Reasonable" time may exceed three (3) days if warranted by the volume of records requested. SECTION II—Basic Fee Schedule Upon request, the City will furnish copies of public records based on the following fee schedule: Single-sided copies,up to 8 '/2"x 14" - $.15 Double-sided copies,up to 8 '/2"x 14"- $.20 Ledger Size— 11"x 17" - $.25 Certified copy of a public record- $1.00 DVD/CD of electronic or audio public records - $5.00 DVD/CD imaged documents (building plans and permits) - $5.00 Duplicate video tape- $1.00 Plans/Maps 8 '/2"x 11"= $2.00 24"x26"= $5.00 11"x 13"=$2.00 34"x44"= $10.00 18"x24"= $5.00 36"x48"= $10.00 22"x 34"= $5.00 kote: Extensive clerical or supervisory assistance — hourly salary of the employee performing the research. Note: Additional charges will be added to cover the cost of postage and packaging as necessary. SECTION III—Special Service Charge Florida Statutes, Chapter 119.07(d) provides "if the nature or volume of public records requested to be inspected, examined, or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the City, or both, the City 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 City or attributable to the City for the clerical and supervisory assistance required, or both." For the purpose of this policy, "extensive clerical or supervisory assistance"is determined to be requests that require more than one-quarter hour (15 minutes) of an employee's time to research, retrieve, review for exempt information, redact exempt information, and copy the requested records. For public records requests requiring more than one-quarter hour,the requester will be required to pay the hourly salary of the employee performing the research,retrieve,review for exempt information, redact exempt information, copying the records, and/or supervising the requester's research. This hourly fee will begin after the first quarter hour of clerical or supervisory assistance is completed. This fee will be calculated by multiplying the research time by the responding employee's hourly wage plus benefits. SECTION IV—Deposit For requests estimated to require more than one hour of a City employee's time,a minimum deposit of $25.00 will be required (deposit will be adjusted depending on the volume of records/research required). The deposit will be applied to the final cost of the public records request. SECTION V—Payment Payment by cash,personal check on a local bank, money order, or certified check shall be made prior to the delivery of the materials. Any check, money order or certified check shall be made payable to the"City of Zephyrhills." SECTION VI—Effective Date This resolution shall take effect upon its adoption by City Council DONE AND RESOLVED this 27th day of November,2017. {SEAL} �v //d—b12- Attest: �vS. d L Lori L. Hillman, CMC - City Clerk W. Alan Knigh Council President G, e Whitfield, Jyor Approved as to legal form and le al content ji/01— Matthew E. Maggard, Gttorney