Resolution 2007-327
RESOLUTION NO.2007-327
Resolution Superseding Resolution No. 98-498 Establishing a
Uniform Policy Imposing Fees for the Inspection, Examination and
Duplication of Public Records Pursuant to Section 119.07, Florida
Statutes.
WHEREAS, Section 119.07(1), Florida Statutes, authorizes the custodian of
public records to charge a fee for copying public records provided upon request; and
WHEREAS, Section 119.07(1 )(b), Florida Statutes, allows for the imposition of a
special service charge for public records requests which require extensive use of
clerical or supervisory labor; and
WHEREAS, the Board of County Commissioners has determined that a policy
should be created establishing the allowable copying fees and defining what is
extensive use of clerical or supervisory labor; and
WHEREAS, the Board of County Commissioners has determined that such a
policy is necessary in order to create uniformity in application of those fees and to guide
staff in determining when imposition of such fees is acceptable and appropriate (legally
sufficient); and
WHEREAS, the Board of County Commissioners has found that it is within the
publics' best interest for the County to impose such a fee in order to cover the actual
cost of duplication and to cover the actual cost of extensive clerical or supervisory time
required to respond to public records requests.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Staff shall charge the following fees for duplication of public records:
A. 15 cents per one-sided copy which is 14 inches by 8 Yo inches or
less;
B. An additional 5 cents for each two-sided duplicated copy;
C. $1.00 per copy for a certified copy of a public record;
D. The actual cost of duplication for all other copies. "Actual cost of
duplication" is defined in 9119.07(1), Florida Statutes, as, 'the cost
of material and supplies used to duplicate the record," but it does
not include the labor cost and overhead cost associated with such
duplication.
Staff may, however, charge for the reasonable labor and overhead costs
associated with copying county maps or aerial photographs.
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2. 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 County
office, department or agency involved, or both, the office, department or agency shall
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 agency or attributable to the agency for the
clerical and supervisory assistance required, or both. "Information technology
resources" shall have the same meaning as in Section 282.303(13), Florida Statutes.
"Extensive use" shall be defined as requiring more than an hour of clerical or
supervisory time to locate, review for confidential information, copy and refile the
requested material. Time incurred shall be based upon the nature or volume of the
request and not solely by the location of the requested documents.
3. This Resolution applies to all offices, agencies and departments
authorized and organized as Collier County government of the Board of Collier County
Commissioners.
4. Public Records requests made by other governmental units (Le.,
municipalities, Collier County School Board, fire departments and constitutional officers)
within Collier County funded solely by ad valorem tax dollars will be exempt from
payment of charges defined in this Resolution provided that they agree, in writing, to not
charge the Board of County Commissioners and Divisions I Departments working for
the Board of County Commissioners for public records requests made to them, their
agencies and departments.
5. The following public records requests shall not be subject to the charges
and costs implemented by this Resolution. They are standard operations of conducting
business:
A. All advisory Board members' requests for records and documents
relating to a future committee agenda shall be made to the County
Manager who will assign the appropriate staff to perform the
requested task.
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The requirement to make requests through the County Manager
does not apply to the Collier County Planning Commission.
Members of that commission may make requests to the Community
Development and Environmental Services Division staff for records
and documents.
B. All requests made by individual members of the Board of County
Commissioners for records and documents relating to the
performance of their official duties shall be made through the
County Manager who will assign the appropriate staff to perform
the requested task.
C. Requests for records and documents between all county offices
under the ultimate authority of the Board of County Commissioners.
It is expected that all such county offices will work together and
share records and documents and there will be no charge to the
requesting office.
6. This Resolution supersedes Resolution No. 98-498.
7. This Resolution shall be effective and implemented as of the date of
adoption.
This Resolution adopted this ~day of tJOIJ.em'oo.r.-2007, after motion, second
and majority vote in favor of adoption.
, ~r.,<,1 ;;.~..._
ATT~.l"""',,"
DWIGHT ,E..,-BR.o,CK, CLERK
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Ap~~,*,Mta't*6tm and
legal sufficie,lfY:
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David C. Weig
County Attorney
04-COA-010521711
BOARD OF COUNTY COMMISSIONERS
COLLIER COU ,FLO IDA
By:
JAM
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