HomeMy WebLinkAbout07-12-1999 Public Records - Cost of Copying Audio Tapes of Public MeetingsLAW OFFICES
FRANK KRUPPENBACHER, P.A.
A Professional Association
Frank Kruppenbacher-
Robert D. Guthrie
'Also Admitted in Colorado
TO: Andrea Lorenzo-Luaces
Interim City Clerk of Wi
FROM: Robert D. Guthrie, City
DATE: July 12, 1999
P.O. Box 3471
Orlando, Florida 32802-3471
MEMORANDUM
105 E. Robinson Street, Suite 201
Orlando, Florida 32801-1622
Telephone (407) 246-0200
Facsimile (407) 426-7767
RE: Public Records - Cost of Cop3du Audio Tapes of Public Meetings
Following a discussion Thursday between the City Manager, you and I, a written opinion on the
referenced subject was requested. I respond as follows.
Chapter 119, Florida Statutes, is Florida's Public Records Law. Florida has one of the most liberal
public records statutes in the nation. The objective of the law is to make public records available to the
citizens. Chapter 119 addresses costs to be changed for public records. Some costs are quite precise. At
Section 119.07, as you know, the maximum cost per page for reproduction of paper public records is
specified as is the cost of a certified copy.
Tapes and computer data are less clear as to the cost that can be changed. According to your "mini
- survey" of other city's charges for such cost are a good example of the variety of costs changed.
The Florida Attorney General has become the self appointed protector of the public records law and
has issued many opinions on Chapter 119. While not directly binding on the City, the opinions of the
Attorney General have been given weight by the Courts on occasion, when Courts interpret the public
records law.
The Attorney General has given the opinion that a public agency can only change for the cost of the
tape when audio recordings are requested by a citizen.
It is my opinion that the safest route for our City to follow is to change a citizen a "cost" of the
audio tape but no labor or other indirect personnel cost in preparing the duplicate tape. The "cost" of the
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tape does not have to be the lowest cost of blank tapes but can be a cost reflecting the cost over a
reasonable period of time.
City Manager
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