Public Records Requests

1. Public Records Requests Earl C. Rich, CRM

2. Agenda • Definition of a Public Record • Public Access to Records • Records Access Requirements • Custodial Requirements • Define “Reasonable” • Statutory Exemptions • Staff Responsibilities • Review Common Mistakes

3. Public Records Definition Statutory Definition: “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 any agency. F.S. § 119.011(12) Common Definition: Information, regardless of format or media, if made or received in conjunction with official District business are public records.

4. Access to Records Declaration of Rights: “Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution.” Constitution of the State of Florida Article 1, Section 24(a) State Policy: “It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.” F.S. § 119.01(1)

5. Access Requirements “Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records.” F.S. § 119.07(a)

6. Records Custodian “custodian of public records” “the elected or appointed state, county, or municipal officer charged with the responsibility of maintaining the office having public records, or his or her designee.” F.S. § 119.011(5) “… does not alter the “duty of disclosure” imposed by s. 119.07(1), F.S., upon “[e]very person who has custody of a public record.” Florida 4th DCA:Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 1996)

7. Records Custodian vs. Custody of Records “custody [custodian]” “… refers to all agency personnel who have it within their power to release or communicate public records” Florida 4th DCA:Mintus v. City of West Palm Beach, 711 So. 2d 1359 (Fla. 1998) “In order to have custody, one must have supervision and control over the document or have legal responsibility for its care, keeping or guardianship.” Id. Cf. Remia v. City of St. Petersburg Police Pension Board of Trustees, 14 F.L.W. Supp. 854a (Fla. 2007)

8. “Reasonable” “reasonable conditions” “refers not to conditions which must be fulfilled before review is permitted but to reasonable regulations that would permit the custodian of records to protect them from alteration, damage, or destruction and also to ensure that the person reviewing the records is not subjected to physical constraints designed to preclude review.” Wait v. Florida Power & Light Company, 372 So. 2d 420, 425 (Fla. 1979) “reasonable time” “is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt.” Florida Supreme Court:Tribune Company v. Cannella, 458 So. 2d 1075, 1078 (Fla. 1984)

9. Statutory Exemptions Still public records! • Blueprints • Schematics • Building Plans • Security Systems • Credit Card Numbers • Social Security Numbers • Bank Account Information This is a sample list of document types exempt from public records production and should not be produced if requested. This is not a comprehensive list of exempt document types!

10. Electronic Communications Electronic communications, as with records in other formats, can have a variety of purposes and relate to a variety of program functions and activities. GS1-SL “Electronic Communications”

11. Employee Responsibilities Do: • Be courteous • Stay within the law • Acknowledge the request • Take every request seriously • Notify your Records Coordinator Don’t: • Dismiss a request because it doesn’t appear “official” • Arbitrarily delay or postpone records production • Create a new record to satisfy a request • Require that a request be in writing • Ask: Who?, What?, or Why?

12. Common Mistakes • Scenario #1 – An e-mail requesting records from a “suspicious” or “non-official” source. • Employee deems the e-mail to be SPAM and deletes it. • Forward the e-mail to your Records Coordinator and/or RIM Department. • Scenario #2 – An employee receives a request while they’re out in the field. • Allow the requester to view the record as long as it does not contain exempt information. • Employee tells the requester “no” and that they must submit a PRR to view the record. • Scenario #3 – A member of the public anonymously requests a record. • Employee processes the request in the same manner as any other request. • Employee asks for the requester to provide some form of identification. • Scenario #4 – A member of the public asks to view the visitor log book. • Employee hesitates and says “no” or tells the requester they need to wait. • Immediately allow the requester to view the record. • Scenario #5– An employee files a request to inspect “sensitive” records. • The employee is counseled or advised not to request those records. • The request is treated in the same manner and fashion as any other records request.

13. Reference Material • Constitution of the State of Florida • Florida Statute - Chapter 119 • General Records Schedule GS1-SL • Government-in-the-Sunshine Manual • The First Amendment Foundation

14. Steps to Remember