Item 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
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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.
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(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.
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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
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