1988-10 Fees to Copy Public RecordsRESOLUTION NO. 88-10
• A RESOLUTION OF THE CITY OF OKEECHOBEE PROVIDING FOR
GUIDELINES AND FEE SCHEDULES CONCERNING THE OBTAINING
OF, AND PHOTOCOPYING OF PUBLIC RECORDS OF THE CITY AS
DEFINED IN FLORIDA STATUTES BY MEMBERS OF THE PUBLIC
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it has come to he attention of the City
Council that there exists no policy concerning the obtaining
of, and photocopying public records by the public; and
WHEREAS, it is the City's intent to fully and
completely make all its public records accessible to the
public as well as the press and the media, as required in
Florida Statutes 119.01, and
WHEREAS, the City has the equal responsibility of
insuring the integrity of its records by their custodians,
of providing an orderly means of retrieving and producing
the public records under reasonable conditions, and of
setting a fee for their duplication;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Okeechobee, Florida, as follows:
SECTION 1. POLICIES CONCERNING OBTAINING, AND
DUPLICATING PUBLIC RECORDS OF THE CITY.
a. PROCEDURE: To assist in prompt access to public
records, when any member of the public, the press of the
media desires to review, or request photocopying of a public
record, the custodian of such record should be contacted by
the requesting party, either in person or in writing, and
informed of which particular document, or category or type
of document that is being sought.
The only delay permitted by Florida Statute 119 in
producing the records is the limited reasonable time allowed
the custodian to retrieve and protect the record and delete
those portions of the record the custodian asserts are
exempt. The custodian shall therefore, when requested,
retrieve the record requested within a reasonable time,
examine said records and assert an exemption under Florida
Statute 119.07 is such exists, and delete same, and then
provide the records to the requesting party. Any record
sought must be examined by the custodian for such exemptions
prior to their release to the public.
The person having custody of a public record asserting
such an exemption shall state what the exemption is by
citing the particular statutory exemption applicable as set
forth in Florida Statute 119.07. If requested, the
custodian shall also state such exemption in writing with
particularity.
Such document claimed to be exempt shall not be
disposed of for a period of thirty (30) days after a written
request for its production is made, during which time a
civil suit may be instituted for a Court determination as to
whether such record is actually exempt, according to the to
procedures set forth in Florida Statute 119.07 (2).
The custodian of the records of the City as set forth
in the Charter is the City Clerk, or such other persons as
she or he may designate.
b. FEES: The person requesting a copy of the records
must pay the City a fee for their duplication, if requested,
and such fee, based upon the actual cost involved for
duplication of the documents, is set at twenty-five cents
($.25) per page, and subject to periodic review.
Further, if extensive
assistance is required of
examination or duplication of
charge the requesting party
based on the labor cost of the
the City.
clerical or supervisory
City employees during an
public records, the City may
the cost of such assistance
employee actually incurred by
SECTION II. This Resolution shall be effective
immediately upon its adoption. Passed and adopted on July
5, 1988.
Oakland R. Chapma Mayor
ATTEST:
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Bonnie S. Thomas, CMC
City Clerk
City of Okeechobee, Florida