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Home My WebLink AboutItem VI (B) - Resolution No 91-21, Establishing Charges for Photocopying of Public Records AGENDA 10-1-91 •"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI B ` OCOSe LtbIKK LADDJ,JA. 4:. t ° CITY OF OCOEE COMMISSIONERS ' ' RUSTY JOHNSON G. 150 N.LAI ESHORE DRIVE v 0 OCOEE FLORIDA 34761 PAUL W.FOSTER (407)656-2322 VERN COMBS Rti , SAM WOODSON frf+ Or 000 .‘,` CITY MANAGER ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: MONTYE BEAMER, DIRECTOR OF ADMINISTRATIVE SERVICES-72-'73-- DATE: ERVICES7'2`'73—"DATE: SEPTEMBER 26, 1991 SUBJECT: RESOLUTION ESTABLISHING CHARGES FOR PHOTOCOPYING OF PUBLIC RECORDS ISSUE Should the Honorable Mayor and Board of City Commissioners approve the resolution establishing charges for photocopying of public records? BACKGROUND/DISCUSSION Section 119.01, Florida Statutes, outlines public records accessibility for inspection and examination. It allows charges to be set based upon copying costs (up to 15 cents per page) and, where applicable, additional charges for any extensive use of information technology or extensive clerical assistance. Extensive has been defined in a recent Florida Circuit Court decision as 15 minutes or more of the staff's time in locating and reviewing information for copying. This method provides payment for requested work that is excessive and outside staff 's assigned work. Based upon review of the actual costs for copying documents including materials and supplies, the charge of 15 cents for a copy of each page is necessary. The attached resolution (section 3) further outlines the other copying charges as allowed under Section 119.07, Florida Statutes. The labor cost of personnel providing the extensive technology resources in excess of 15 minutes or assistance in excess of 20 minutes will be that currently utilized for Development Review. RECOMMENDATION Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners approve the resolution establishing charges for photocopying of public records. Cog RESOLUTION NO. 91-21 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ESTABLISHING CHARGES FOR SERVICES IN RESPONDING TO PUBLIC RECORDS REQUESTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee has determined that the establishment of reasonable service charges to cover the cost involved for making and mailing of photocopies and certified copies of public records for the general public is in the best interest of all taxpayers; and WHEREAS, the City Commission desires to adopt a uniform procedure for the mailing, photocopying and certifying of public records by the various departments and divisions of the City; and WHEREAS, the City Commission desires to establish procedures for the accountability of monies received for making and mailing photocopies and certified copies of public records by the various departments and divisions of the City; and WHEREAS, the Florida Legislature has enacted Section 119.07, Florida Statutes, relating to the costs of providing copies of public records. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: Section 1. The City Commission of the City of Ocoee, Florida has the authority to adopt this resolution pursuant to Article VIII of the Constitution of the State of Florida, Section 119.07, Florida Statutes, and Chapter 166, Florida Statutes. Section 2. DEFINITIONS. As used in this Resolution, the following terms shall have the following definitions: (a) "Commission" means the City Commission of Ocoee, Florida. b) "Department" means departments or offices under the Commission and shall include boards, commissions and similar bodies appointed by the Commission. (c) "Public record" shall have the meaning set forth in Section 119.011(1) , Florida Statutes. (d) "Information technology resources" shall have the meaning set forth in Section 282.303(10) , Florida Statutes. (e) "Extensive" shall mean use of information technology resources in excess of 15 minutes, or clerical or supervisory assistance in excess of 20 minutes. Section 3. SERVICE CHARGES. (a) The Departments shall make the following charges for services rendered in responding to public records requests: (1) Fifteen cents ($.15) for each copy of each page made by copy machine; provided that the copy paper size does not exceed 8 1/2" by 14" (legal size) , and provided further that the copy is imprinted on one (1) side only. (2) An additional five cents ($.05) for each copy as set forth in Section 3(a) (1) above, which is imprinted on two (2) sides. (3) For all other copies, except for certified copies, the actual cost of duplication of the record or document. (4) For certified copies of records, an additional charge of ($1.00) per copy. (5) If the copies are to be mailed at the request of the requestor, an amount equal to $2.50 for handling plus all applicable postage expenses shall be charged. Requests for public records to be mailed by a Department shall be paid in advance. (b) If the nature or volume of public records requested to be inspected, examined or copied is such to require extensive use of information technology resources or extensive clerical or supervisory assistance, or both, the Department shall charge an additional special service charge which shall be based on the cost actually incurred for the use of the information technology resources and the labor cost of personnel providing the service. 2 (c) In the event that due to the size or configuration of a public record, it cannot be reproduced on equipment owned or operated by the City, the requestor shall pay in advance the estimated cost that will be charged to the City for outside reproduction services as the base copy charge. Full payment must be made prior to the release of the document to the requestor. Section 4. INSPECTION OF PUBLIC RECORDS. Public records are open to the general public 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 records or his or her designee. The Department shall furnish photocopies of public records upon payment of charges within a reasonable time on a first-come-first-serve basis. Photocopying of public records are on a cash and carry basis and personal checks will be accepted. Section 5. PREPRINTED AND PREPRICED DOCUMENTS. The charges established herein do not apply to preprinted or prepriced documents which have established fee schedules approved by the City including, but not limited to the City Code, the Land Development Regulations, maps and aerial photographs. Section 6. RECEIPTS FOR SERVICE CHARGES. Departments shall prepare an invoice for each request and the requestor shall remit payment to Customer Service. A receipt shall be given to the requestor indicating the number of copies and the charge. Section 7. SEVERABILITY. If any section, subsection, sentence, clause or phrase or portion of this Resolution is for any reason held unconstitutional or invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 8. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption and passage. 3 PASSED AND ADOPTED this day of 1991. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA JEAN GRAFTON, City Clerk LESTER DABBS, JR. , Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED BY THE OCOEE CITY FLORIDA. APPROVED AS TO COMMISSION AT A MEETING HELD FORM AND LEGALITY ON , 1991 this day of UNDER AGENDA ITEM NO. , 1991. FOLEY & LARDNER By: City Attorney C\WP5N)OCS\OCOE\I07AI9/269111BW0151DPB:jOd3) 01-4758 4