HomeMy WebLinkAbout2000 01 10 Regular G Review Attached Resolution 2000-01 Establishes A Written and Official Public Records Policy
COMMISSION AGENDA
ITEM G
Regular
January 10, 2000
Regular Meeting
Mgr. / Dept.
Authorization
REQUEST:
The City Manager is requesting that the City Commission of the City of
Winter Springs review the attached Resolution Number 2000-01 which
establishes a written and official Public Records Policy for the City of
Winter Springs, in accordance with Florida Statutes.
PURPOSE:
The purpose of this Agenda Item is that the City Commission review the
attached Resolution Number 2000-01 which establishes a written and
official Public Records Policy for the City of Winter Springs, in
accordance with Florida Statutes.
CONSIDERATIONS:
City Attorney Anthony Garganese has prepared the attached Resolution
Number 2000-01 which establishes a written and official Public Records
Policy for the City of Winter Springs.
FUNDING:
None Required.
CITY OF WINTER SPRINGS
REGULAR MEETING - JANUARY 10,2000
REGULAR AGENDA ITEM G
PAGE2 0F 2
RECOMMENDATIONS:
It is suggested that the City Commission consider approval of a Public
Records Policy.
ATTACHMENTS:
A. Resolution Number 2000-01 defining an official Public Records Policy
for the City of Winter Springs.
B. A Copy of Chapter 119 of the Florida Statutes - "Public Records".
COMMISSION ACTION:
ATTACHMENT
"A"
RESOLUTION NO. 2000-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WlNTER SPRINGS, FLORIDA, ESTABLISHING THE PUBLIC RECORDS
POLICY OF THE CITY OF WINTER SPRINGS; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS OR MOTIONS;
PROVIDING FOR SEVERABD...ITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission deems it is in the best interests of public health, safety,
and welfare of the citizens of Winter Springs to establish a public records policy to provide the
public with access to public records while at the same time safeguarding the public records and
insuring the orderly function of the City of Winter Springs, Florida.
NOW, THEREFORE, THE FOLLOWING PUBLIC RECORD POLICY IS
HEREBY ESTABLISHED BY THE CITY COMMISSION:
Section 1.
Established - Public Records Policy of the City of Winter Springs, Florida.
A) SHORT TITLE This resolution and any amendments or modifications thereto
shall be known and cited as "the Public Records Policy of the City of Winter Springs, Florida."
B) APPLICATION This policy shall uniformly apply to all requests for public
records made to the City and its departments and personnel.
C) PURPOSE The purpose of this policy is to comply with the public records law of
the State of Florida and to set forth policy and procedures for providing public accessibility to public
records while at the same time safeguarding the public records from alteration, damage, theft, or
destruction.
D) POLICY
It is the policy of the City of Winter Springs that all public records, except those exempted
by law, shall at all times be open for personal inspection, examination, or copying by any person in
accordance with Chapter 119, Florida Statutes and the public records policy of the City of Winter
Springs. The City will endeavor to produce all public records requested regardless of the number
of documents involved or possible inconvenience to the City.
E) DEFINITIONS The following words used herein shall have the meaning
ascribed below:
1. "Actual Cost of Duplication" means the cost of the material and supplies used to
duplicate the public record, but does not include the labor cost or overhead cost associated with such
Page 1 of 8
duplication.
2. "Custodian" means any person who has supervision and control over a public record
or legal responsibility for its care, keeping or guardianship including, but not limited to, the City Clerk
and the department custodian required herein.
3. "Public Records" means all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other materials, regardless of
physical form, characteristics, or means of transmission made or received pursuant to law or
ordinance or in connection with the transaction of official business by the City of Winter Springs.
F) GENERAL GUIDELINES
1. All Custodians shall permit the inspection and examination of public records by any
person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision
of the Custodian of the public record or the Custodian's designee.
(a) Reasonable Time. An automatic delay in producing public records shall not
be imposed before allowing access to public records. However, the Custodian shall be allowed a
reasonable time to retrieve the public records and delete those portions of the record the Custodian
asserts are exempt from public records disclosure. If satisfYing the request immediately would unduly
interfere with the operation of the department, however, the Custodian will arrange a mutually
satisfactory time for fullfilling the request. This will vary according to' the circumstances of the
request for public records including, but not limited to, the number of records requested and
reviewed, the number of years of public records requested and reviewed, the department's filing
system, storage of records, and any other factor affecting the retrieval and copying of public records.
Upon request by an individual or as deemed appropriate by the Custodian, a written receipt may be
provided which will acknowledge the public records request, the date and time of such request, and
the approximate date and time the individual can pick up the public records requested.
(b) Reasonable Conditions. The Custodian shall neither prohibit the inspection
and copying of public records nor create burdensome constraints designed to preclude such inspection
and copying. Notwithstanding, the Custodian shall, as circumstances dictate, take appropriate and
reasonable steps that would pennit the Custodian to protect public records from alteration, damage,
theft or destruction.
2. Custodians should be familiar with the following requirements ofthe Florida Public
Records law when a public records request is made to' inspect or copy a record and the Custodian
should advise the public of the same when appropriate:
(a) Individuals are not required to identify themselves or make the request in
City of Winter Springs
Public Records Policy
Page 2 of 8
person, in writing or any other particular format, nor give a reason for such request~
(b) Individuals may not be denied access to public records due to the lack of
specifics of the record they wish to inspect or copy;
(c) Computerized public records are governed by the same rule as written
documents and other public records. Information stored on a computer is as much a public record
as a written page or a tabulation in a file stored in a file cabinet.
(d) Custodians are not required to verbally give out information contained in a
public record. The Custodian's obligation is to provide access to, or copies of, the public records
being requested.
(e) Custodians are not required to produce records in a particular form or format
as demanded by the requestor, nor tailored to the requestor's specific needs. If a particular form or
format of a public record does not exist because it is not ordinarily created, filed, produced,
maintained, or used in that form by the City, a Custodian is not required, upon request, to create that
public record in such form or format.
(f) If any attorney requests to inspect or copy public records regarding a pending
lawsuit which the City is a party, the City Attorney shall be promptly contacted and advised of the
request. The City Attorney will determine the City's response to the request. .
(g) A special service charge or fee may not be imposed for the mere inspection and
examination of public records by the general public unless the nature or volume of the public records
to be inspected is such as to require extensive use of infor.mation technology resources or extensive
clerical or supervisory assistance. As set forth in section J of this public records policy, a special
service charge or fee shall be required when extensive use of information technology resources or
extensive clerical or supervisory assistance is required to locate, review for confidential information,
copy and re-file requested public records.
(h) Custodians should advise those individuals requesting copies of public records
that may be copyrighted that copying such records may be subject to federal copyright laws and
penalties.
3. If a public records request is insufficient to identify the records sought, the Custodian shall
promptly notify the requestor that more information is needed in order to produce the records.
G) DESIGNATED CUSTODIANS
1. The City Clerk is hereby designated the supervisor of public records for the City ofWmter
Springs. To that extent, the City Clerk shall have full authority to manage and coordinate the
City of Winter Springs
Public Records Policy
Page 3 of 8
inspection and copying of public records requested by the general public consistent with this Policy.
The City Clerk shall be the Custodian of public records generated and received by the Mayor and City
Commission and insofar as practicable, the Custodian of vital, permanent, or archival records of the
City.
2. Each department director of the City is hereby designated Custodian of public records for
their respective departments and the director may designate an assistant within their department for
purposes of implementing this Policy. The Custodian will be responsible for handling, in coordination
with, and at the direction of, the City Clerk, requests for public records which are relevant to the
department, whether the request is made directly to the department, to the City Clerk., or any other
City personnel.
H) PROCEDURE
1. All requests to inspect and copy public records shall be managed by, and coordinated
through, the City Clerk in accordance with this public records policy. The City Clerk will create and
maintain a public record's log for noting requests made for public records, the date and time of the'
request, the information requested, the date and time the request was completed, fees and special
service charges (if any), and any other information deemed pertinent by the City Clerk to efficiently
manage public records requests.
2. Should any person request public records directly from any department (other than the City
Clerk and the Police and Fire Departments), the department's Custodian shall promptly notifY the
City Clerk of the request. The City Clerk will immediately log the reque'st and coordinate with the
department's Custodian, and any other department which may have a public record being requested,
the retrieval and/or copying of the public records. The City Clerk and the department's Custodian
will ensure that the inspection and copying of the public records request has been completed and
delivered to the requestor.
3. Should any person request public records directly from the Police or Fire department, and
the public records are on file with the police or fire department, the depiUtment's Custodian shall
handle the request for public records. Public records not on file with the fire or police department
shall be coordinated with, and handled by, the City Clerk. The police and fire departments shall each
keep a public record's log of requests made to the department in a form provided by the City Clerk.
Copies of the log shall be provided to the City Clerk for tracking purposes.
4. The City Clerk shall handle all requests for public records on file with the City Clerk.
5. Should the City Clerk receive a request for public records which are not on file with the
City Clerk, the City Clerk shall forward said request to the affected department and the department's
Custodian shall be responstble for retrieving and/or copying the public records and forwarding them
to the City Clerk in accordance with this public records policy.
City of Winter Springs
Public Records Policy
Page 4 of 8
6. To the extent feasible and in order to avoid disrupting the day-to-day operations of City
business, the City Manager shall establish a designated area or areas at City Hall, the Police
Department and Fire Station 24, for the purpose of safeguarding public records from alteration,
damage, theft, or destruction and allowing the general public the opportunity to inspect public
records.
7. Should any person making a request for public records from any department of the City
feel that the department has restricted or circumvented their right to inspect public records, said
person shall make their request to the City Clerk for resolution.
8. The Mayor/City Commission, City Manger, and City Attorney will be advised immediately
of any formal citizen or news media complaints and lawsuits filed against the City regarding access
to public records.
I) EXEMPT AND CONFIDENTIAL RECORDS
1. Florida law provides that some public records are confidential and exempt from
public records disclosure. It is the policy of the City of Winter Springs that exempt and confidential
public records shall not be disclosed to the public. All Custodians shall take reasonable steps to
ensure that exempt and confidential records are not improperly released to the public
2. Any Custodian who has a question regarding whether a certain public record,
or portion thereot: is exempt or confidential should address. the matter with their department director.
If the department director can not determine whether the public record is exempt or confidential, the
City Clerk should be contacted to address the matter. If the City Clerk can not make such a
detennination, the City Attorney shall be contacted to determine whether a public record should be
declared by the City to be exempt from public records disClosure or confidential. A record referred
to the City Attorney for review shall not be made public until the City Attorney has made a final
determination of the legal questions presented. The City Attorney shall review all public records
requests which present a legal question as to whether a record contains information which is
confidential or exempt.
3. If the Custodian asserts that a record, or part of a record, is exempt from
public records disclosure, the Custodian shall deny the public records request and state to the
requestor the basis of the exemption which the Custodian believes is applicable to the record,
including the statutory citation to the exemption. Additionally, upon request by the requestor, the
Custodian shall state in writing and with particularity the reasons for asserting the exemption and
denying the public records request.
4. If the Custodian asserts that only a portion of a record is exempt or
confidential, the Custodian shall delete or redact the exempt or confidential portion of the record and
produce the remainder of the record which is not exempt or confidential. A Custodian may comply
City of Winter Springs
Public Records Policy
Page 5 of 8
with this subsection by using any reasonable method which maintains and does not destroy the
exempted portion while allowing public inspection of the nonexempt portion.
5. Any public record related to a federal agency which contains information that
is suspected of being confidential, and said record is deemed public and open for inspection and
copying by Florida law, should be examined to determine whether a federal statute (i.e. The Freedom
oflnformation Act, U.S.c. Section 552) requires the particular information to be exempt from public
disclosure.
J) FEES
as follows:
I. Any person requesting copies of public records shall be charged a copying fee,
(a) Fee for Duplication of Public Records:
14"x8-l/2" or less - one sided
14"x8-l/2" or less - two sided
11"xl?"
14-?/8"xll" (greenbar,computer)
All other printed copies
Tapes/Disks
$0.15
$0.20
$0.25
$0.25
Actual ?ost of duplication
Actual cost of duplication
(b) Certified copy:
In addition to the actual cost of duplication, a $1.00 fee shall be charged for each
certified copy of a public record. .
(c) Fee for Extensive Clerical or Supervisory Assistance:
If the nature or volume of public record~ requested to b~ 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 department, City Clerk, or City Attorney involved, in
addition to the actual cost of duplication, a special service charge may be imposed. The actual charge
shall be reasonable and based upon the labor costs actually incurred or attributable to the City for the
clerical and supervisory assistance required of such personnel providing the service.
The amount to be charged shall reflect the actual hourly rate of the individual
providing the service. In keeping with the City of Winter Spring's commitment to provide open
access to pubic records, there will be no special service charge for requests requiring thirty (30)
minutes or less in actual labor. However, when a person requests public records which require more
than thirty minutes in actual service to locate, review for confidential information, copy and re-file
City of Winter Springs
Public Records Policy
Page 6 of 8
requested public records, the person will be charged for all time expended above thirty minutes.
Based upon the length of time estimated to provide the service and the cost of copying, a reasonable
deposit may be collected prior to the cost actually being incurred. Monies collected exceeding the
actual cost of assistance and copying shall be returned to the person requesting the public records.
2. Nothing herein shall prohibit the City from providing free copies of public records to
the news media, government agencies, and public service charitable groups for purposes of
disseminating information to the public, such as, copies of City newsletters, City Commission and
other City board agendas, and press releases.
K) DESTRUCTION OF PUBLIC RECORDS
Pursuant to the requirements of section 119.041, Florida Statutes, the City Clerk shall
systematically dispose of public records no longer needed by the City, subject to the consent of the
records and information management program of the Division of Library and Information Services
of the Department of State.
L) RELATIONSHIP TO FLORIDA AND FEDERAL PUBLIC RECORDS LAWS
Nothing herein is intended in any way to conflict with or abrogate chapter 119, Florida
Statutes, or any other applicable Florida or federal laws.. In the event of any conflict between this
Policy and any Florida or federal law, the conflicting provision' of the Florida or federal law shall
prevail and apply.
Section 2. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
and are deemed a material part of this Resolution.
Section 3. Repeal of Prior Inconsistent Resolutions or Motions. All resolutions and motions
or parts of resolutions and motions in conflict herewith are hereby repealed to the extent of the
conflict.
Section 4. Severability. Ifany section, subsection, sentence, clause, phrase, word, or portion
of this resolution is for any reason held invalid or unconstitutional 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.
City of Winter Springs
Public Records Policy
Page 7 of 8
Section 5. Effective date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Winter Springs, Florida.
ADOPTED this 10th day of January, 2000 by the City Commission of the City of Winter
Springs. ........
Paul Partyka, Mayor
ATTEST:
Andrea Lorenzo-luaces, City Clerk
City of Winter Springs
Public Records Policy
Page 8 of 8
ATTACHMENT
"B "
F.S.1999
:...;-- ,
PUBLIC RECORDS
Ch.119
119.01
119.011
119.0115
119.012
119.02
119.021
119.031
119.041
119.05
119.06
119.07
119.072
119.08
119.083
119.085
119.09
119.092
119.10
119.105
119.11
119.12
119.15
119.19
CHAPTER 119
PUBLIC RECORDS
General state policy on public records.
Definitions.
Videotapes and video signals; exemption
from chapter.
Records made public by public fund use.
Penalty.
Custodian designated.
Keeping records in safe places; copying or
repairing certified copies.
Destruction of records regulated.
Disposition of records at end of official's
term.
Demanding custody.
Inspection, examination, and duplication of
records; exemptions.
Criminal intelligence or investigative infor-
mation obtained from out-of-state agen-
cies.
Photographing public records.
Definitions; copyright of data processing
software created by governmental agen-
cies; fees; prohibited contracts.
Remote electronic access to public rec-
ords.
Assistance of the Division of Library and
Information Services, records and infor-
mation management program, of the
Department of State.
Registration by federal employer's registra-
tion number.
Violation of chapter; penalties.
Protection of victims of crimes or accidents.
Accelerated hearing; immediate compli-
ance.
Attorney's fees.
Legislative review of exemptions from pub-
lic meeting and public records require-
ments.
Capital postconviction public records pro-
duction.
119.01 General state policy on public records.-
(1) It is the policy of this state that all state, county,
and municipal records shall be open for personal
inspection by any person.
(2) The Legislature finds that, given advancements
in technology, providing access to public records by
remote electronic means is an additional method of
access that agencies should strive to provide to the
extent feasible. If an agency provides access to public
records by remote electronic means, then such access
should be provided in the most cost-effective and effi-
?ient manner available to the agency providing the
Information.
(3) The Legislature finds that providing access to
public records is a duty of each agency and that auto-
mation of public records must not erode the right of
access to those records. As each agency increases its
Use of and dependence on electronic recordkeeping,
1
-
each agency must ensure reasonable access to rec-
ords electronically maintained.
(4) Each agency shall establish a program for the
disposal of records that do not have sufficient legal, fis-
cal, administrative, or archival value in accordance with
retention schedules established by the records and
information management program of the Division of
Library and Information Services of the Department of
State.
Hlstory.-5. 1. ch. 5942,1909; RGS 424; CGL 490; 5. " ch. 73-98; 5. 2. ch.
75.225; 5. 2, ch. 83-286; 5. 4, ch. 86-163; 55. 1, 5, eh. 95.296.
119.011 Definitions.-For the purpose of this chap-
ter:
(1) "Public records" means all documents, papers,
letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material,
regardless of the physical form, characteristics, or
means of transmission, made or received pursuant to
law or ordinance or in connection with the transaction
of official business by any agency.
(2) "Agency" means any state, county, district,
authority, or municipal officer, department, division,
board, bureau, commission, or other separate unit of
government created or established by law including, for
the purposes of this chapter, the Commission on Eth-
ics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency,
person, partnership, corporation, or business entity act-
ing on behalf of any public agency.
(3)(a) "Criminal intelligence information" means
information with respect to an identifiable person or
group of. persons collected by a criminal justice agency
in an effort to anticipate, prevent, or monitor possible
criminal activity.
(b) "Criminal investigative information" means
information with respect to an identifiable person or
group of persons compiled by a criminal justice agency
in the course of conductir,tg a criminal investigation of a
specific act or omission, including, but not limited to,
information derived from laboratory tests, reports of
investigators or informants, or any type of surveillance.
(c) "Criminal intelligence information" and "criminal
investigative information" shall not include:
1. The time, date, location, and nature of a
reported crime.
2. The name, sex, age, and address of a person
arrested or of the victim of a crime except as provided
in s. 119.07(3)(f).
3. The time, date, and location of the incident and
of the arrest.
4. The crime charged.
5. Documents given or required by law or agency
rule to be given to the person arrested, except as pro-
vided in s. 119.07(3)(f), and, except that the court in a
criminal case may order that certain information
required by law or agency rule to be given to the person
arrested be maintained in a confidential manner and
exempt from the provisions of s. 119.07(1) until
released at trial if it is found that the release of such
information would:
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Ch. 119
PUBLIC RECORDS
F.S.1999
a. Be defamatory to the good name of a victim or
witness or would jeopardize the safety of such victim or
witness; and
b. Impair the ability of a state attorney to locate or
prosecute a codefendant.
6. Informations and indictments except as pro-
vided in s. 905.26.
(d) The word "active" shall have the following
meaning:
1 . Criminal intelligence information shall be con-
sidered "active" as long as it is related to intelligence
gathering conducted with a reasonable, good faith
belief that it will lead to detection of ongoing or reason-
ably anticipated criminal activities.
2. Criminal investigative information shall be con-
sidered "active" as long as it is related to an ongoing
investigation which is continuing with a reasonable,
good faith anticipation of securing an arrest or prosecu-
tion in the foreseeable future.
In addition, criminal intelligence and criminal investiga-
tive information shall be considered "active" while such
information is directly related to pending prosecutions
or appeals. The word "active" shall not apply to informa-
tion in cases which are barred from prosecution under
the provisions of s. 775.15 or other statute of limitation.
(4) "Criminal justice agency" means any law
enforcement agency, court, or prosecutor. The term
also includes any other agency charged by law with
criminal law enforcement duties, or any agency having
custody of criminal intelligence information or criminal
investigative information for the purpose of assisting
such law enforcement agencies in the conduct of active
criminal investigation or prosecution or for the purpose
of litigating civil actions under the Racketeer Influenced
and Corrupt Organization Act, during the time that such
agencies are in possession of criminal intelligence
information or criminal investigative information pursu-
ant to their criminal law enforcement duties. The term
also includes the Department of Corrections.
History.-s. 1, ch. 67.125: s. 2. ch. 73-98: s. 3. ch. 75.225; ss. 1,2, ch. 79.187:
s. 8, ch. 85-53: s. 1. ch. 88-188: s. 5, ch. 93-404; s. 5, ch. 93-405; s. 5, ch. 95-207:
s. 6, ch. 95-296; s. 10, ch. 95-398; s. 40, ch. 96-406; s. 2, ch. 97-90.
119.0115 Videotapes and video signals; exemp-
tion from chapter.-Any videotape or video signal
which, under an agreement with an agency, is pro-
duced, made, or received by, or is in the custody of, a
federally licensed radio or television station or its agent
is exempt from this chapter.
History.-s. 1, eh. 80-1.
119.012 Records made public by public fund use.
If public funds are expended by an agency defined in s.
119.011 (2) in payment of dues or membership contri-
butions to any person, corporation, foundation, trust,
association, group, or other organization, then all the
financial, business, and membership records pertain-
ing to the public agency from which or on whose behalf
the payments are made, of the person, corporation,
foundation, trust, association, group, or organization to
whom such payments are made shall be public records
and subject to the provisions of s. 119.07.
History.-s. 3, eh. 75-225; s. 3, ch. 93-405.
119.02 Penalty.-A public officer who knowingly
violates the provisions of s. 119.07(1) is subject to sus-
pension and removal or impeachment and, in addition,
is guilty of a misdemeanor of the first degree, punish-
able as provided in s. 775.082 or s. 775.083.
Hlstory.-s. 2. ch. 5942,1909; RGS 425; CGL 491; s. 1, ch. 17173, 1935; CGL
1936 Supp. 7520(6); s. 73, eh. 71-136; s. 6, ch. 75.225; s. 4, eh. 84-298.
119.021 Custodian designated.- The elected or
appointed state, county, or municipal officer charged
with the responsibility of maintaining the office having .
public records, or his or her designee, shall be the cus-
todian thereof.
History.-s. 2, ch. 67-125; S. 3, ch. 83-286; s. 753, ch. 95-147.
119.031 Keeping records in safe places; copying
or repairing certified copies.-Insofar as practicable,
custodians of vital, permanent, or archival records shall
keep them in fireproof and waterproof safes, vaults, or
rooms fitted with noncombustible materials and in such
arrangement as to be easily accessible for convenient
use. All public records should be kept in the buildings
in which they are ordinarily used. Record books should
be copied or repaired, renovated, or rebound if worn,
mutilated, damaged, or difficult to read. Whenever any
state, county, or municipal records are in need of
repair, restoration, or rebinding, the head of such state
agency, department, board, or commission, the board
of county commissioners of such county, or the govern-
ing body of suc;:h' municipality .may authorize that such
records be removed from the building or office in which
such records are ordinarily kept for the length of time
required to repair, restore, or rebind them. Any public
official who causes a record book to be copied shall
attest it and certify on oath that it is an accurate copy of
the original book. The copy shall then have the force
and effect of the original.
History.-s. 3, ch. 67-125: s. 4, ch. 83-286.
119.041 Destruction of records regulated.-
(1) Every public official shall systematically dispose
of records no longer needed, subject to the consent of
the records and information management program of
the Division of Library and Information Services of the
Department of State in accordance with s. 257.36.
(2) Agency orders that comprise final agency
action and that must be indexed or listed pursuant to s-
120.53 have continuing legal significance; therefore.
notwithstanding any other provision of this chapter or
any provision of chapter 257, each agency shall perma-
nently maintain records of such orders pursuant to th~
applicable rules and guidelines of the Department 0
State. 5 cr:
Hlstory.-s. 4, eh. 67-125; ss. 10, 35, ch. 69.106; s. 5, ch. 83.286; s. ' '
86-163; s. 1. ch. 91-30; s. 1, ch. 91-191; s. 17, ch. 96-410.
119.05 Disposition of records at end of officia~
term.-Whoever has the custody of any public rec~r
shall, at the expiration of his or her term of office, dehve~
to his or her successor or, if there be none, to the r~_
ords and information management program of the 01 rt-
sion of Library and Information Services of the Depand
ment of State all records, books, writings, . letters, ans_
documents kept or received by him or her In the tra
action of official business. . 754. eft
Hlstory.-s. 5. ch. 67.125; ss. 10.35, eh. 69-106; s. 6. ch. 86-163, s.
95.147.
952
,
i
.~
PUBLIC RECORDS
Ch. 119
representatives, shall be allowed to be present during
the inspection or examination.
(2)(a) A person who has custody of a public record
and who asserts that an exemption provided in subsec-
tion (3) or in a general or special law applies to a partic-
ular public record or part of such record shall delete or
excise from the record only that portion of the record
with respect to which an exemption has been asserted
and validly applies, and such person shall produce the
remainder of such record for inspection and examina-
119.07 Inspection, examination, and duplication of tion. If the person who has custody of a public record
records; exemptions.- contends that the record or part of it is exempt from
(1)(a) Every person who has custody of a public inspection and examination, he or she shall state the
record shall permit the record to be inspected and basis of the exemption which he or she contends is
examined by any person desiring to do so, at any rea- applicable to the record, including the statutory citation
sonable time, under reasonable conditions, and under to an exemption created or afforded by statute, and, if
supervision by t~e custodian of the public record ~r the requested by the person seeking the right under this
custodian's designee. The custodian shall furnish a subsection to inspect, examine, or copy the record, he
copy or a certified copy of the record upon payment of or she shall state in writing and with particularity the
the fee prescribed by law or, if a fee is not prescribed by reasons for the conclusion that the record is exempt.
law, for duplicated copies of not more than 14 inches by (b) In any civil action in which an exemption to sub-
8'/2 inches, upon payment of not more than 15 cents per section (1) is asserted, if the exemption is alleged to
one-sided copy, and for all other copies, upon payment exist under or by virtue of paragraph (c), paragraph (d),
of the actual cost of duplication of the record. An paragraph (e), paragraph (k), paragraph (I), or para-
agency may charge no more than an additional 5 cents graph (0) of subsection (3), the public record or part
for each two-sided duplicated copy. For purposes of thereof in question shall be submitted to the court for an
this section, duplicated copies shall mean new copies inspection in camera. If an exemption is alleged to exist
produced by duplicating, as defined in s. 283.30. The under or by virtue of-paragraph (b) of subsection (3), an
phrase "actual cost of duplication" means the cost of inspection in camera will be discretionary with the
the material and supplies used to duplicate the record, court. If the court finds that the asserted exemption is
but it does not include the labor cost or overhead cost not applicable, it shall order the public record or part
associated with such duplication. However, the charge thereof in question to be immediately produced for
tor copies of county maps or aerial photographs sup- inspection, examination, or copying as requested by
plied by county constitutional officers may also include the person seeking such access.
a reasonable charge for the labor and overhead associ- (c). Even if an assertion is made by the custodian of
ated with their duplication. Unless otherwise provided a public record that a requested record is not a public
by law, the fees to be charged for duplication of public record subject to public inspection and examination
records shall be collected, deposited, and accounted under subsection (1), the requested record shall, nev-
for in the manner prescribed for other operating funds ertheless, not be disposed of for a period of 30 days
of the agency. An agency may charge up to $1 per copy after the date on which a written request requesting the
for a certified copy of a public record. right to inspect, examine, or copy the record was
(b) If the nature or volume of public records served on or otherwise made to the custodian of the
requested to be inspected, examined, or copied pursu- record by the person seeking access to the record. If a
ant to this subsection is such as to require extensive civil action is instituted within the 30-day period to
use of information technology resources or extensive enforce the provisions of this section with respect to the -
clerical or supervisory assistance by personnel of the requested record, the custodian shall not dispose of the
agency involved, or both, the agency may charge, in record except by order of a court of competent jurisdic-
'~~ addition to the actual cost of duplication, a special ser- tion after notice to all affected parties.
:O{-:'. vice charge, which shall be reasonable and shall be (d) The absence of a civil action instituted for the
\~t based on the cost incurred for such extensive use of purpose stated in paragraph (c) will not relieve the cus-
':2<~: information technology resources or the labor cost of todian of the duty to maintain the record as a public rec-
. cliff. the personnel providing the service that is actually ord if the record is in fact a public record subject to pub-
'~.'!IiF Incurred by the agency or attributable to the agency for lic inspection and examination under subsection (1)
'!!!",!, the clerical and supervisory assistance required, or and will not otherwise excuse or exonerate the custo-
,'~ both. "Information technology resources" shall have the dian from any unauthorized or unlawful disposition of
,~JtF.i same meaning as in s. 282.303(13). such record.
',...... (c) When ballots are produced under this section (3)(a) Examination questions and answer sheets of
j!1le for inspection or examination, no persons other tDan examinations administered by a governmental agency
~.~... the supervisor of elections or the supervisor's employ- for the purpose of licensure, certification, or employ-
-'.l~ _ ees shall touch the ballots. The supervisor of elections ment are exempt from the provisions of subsection (1)
'0_1 shall make a reasonable effort to notify all candidates and s. 24(a), Art. I of the State Constitution. A person
~.'-1L by telephone or otherwise of the time and place of the who has taken such an examination shall have the right
:},', Inspection or examination. All such candidates, or their to review his or her own completed examination.
_ 953
119.06 Demanding custody.-Whoever is entitled
the custody of public records shall demand them
:oorn any person having illegal possession of them, who
rhall forthwith deliver the same to him or her. Any per-
Son unlawfully possessing public records shall upon
~ernand of any person and within 10 days deliver such
records to their lawful custodian unless just cause
exists for failing to deliver such records.
HistOry.-s, 6. ch. 67.125; s. 755. ch. 95-147,
.:.
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.
5.,
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. Ch. 119
F.S. 19~~. 1999
I
dutie~ i~clude the investigation of ~b.use, n~g.l~ct, (k) Any
exploitation, fraud, theft, or other cnmlnal activities, fession
personnel of the Department of Health whose duties ions of s
are to support the investigation of child abuse or . nstitutiol
neglect, and personnel of the Department of Revenue 'ally dete
or local governments whose responsibilities include al dispol
revenue collection and enforcement or child support (I) 1. A I
enforcement; the home addresses, telephone num. ency at
bers, social security numbers, photographs, and places ~~ained b
of employment of the spouses and children of such per. 't' other pl
sonnel; and the names and locations of schools and ~e intere:
day care facilities attended by the children of such per. t>d) or pi
sonnel are exempt from the provisions of subsection ~fhiCh ref!
(1). The home addresses, telephone numbers, and ~ stratI
photographs of firefighters certified in compliance with ti,~n cy a
s. 633.35; the home addresses, telephone numbers, ~~e~nai Ii
photographs, and places of employment of the ~~Iml. s
spouses and children of such firefighters; and the ~eed.\ng n
names and locations of schools and day care facilities Immlne.
attended by the children of such firefighters are exempt a~versa~l
from subsection (1). The home addresses and tele- the provl
phone numbers of justices of the Supreme Court, dis. t~e State
trict court of appeal judges, circuit court judges, and tion or a~
county court judges; the home addresses, telephone pose~o~
numbers, and places of employment of the spouses 27.7 .'
and children of justices and judges; and the names and clam:, thl
locations of schools and day care facilities attended by f?r dlrecl
the children of justices and judges are exempt from the ~Ion a~~
provisions of subsection (1 )., The home addresses, Imposlt~
telephone numbers, social security numbers, and pho- 2.
tograp'hs of current or former state attorneys, assistant such pu
state attorneys, statewide prosecutors, or assistant of the ~
statewide prosecutors; the home addresses, telephone agency
numbers, social security numbers, photographs, and a pub~1C
places of employment of the spouses and children of shat.1 ~d
current or former state attorneys, assistant state attor- ?r CIVil
neys, statewide prosecutors, or assistant statewide mgs. If
prosecutors; and the names and locations of schools has b8l
and day care facilities attended by the children of cur- party s
rent or former state attorneys, assistant state attorneys, be ~~:
statewide prosecutors, or assistant statewide prosecu- additlo
tors are exempt from subsection (1) and s. 24(a), Art. (m)
I of the State Constitution. The home addresses and pursue
home telephone numbers of county and municipal are ex
code inspectors and code enforcement officers are 24(a);
confidential and exempt from the provisions of subsec- the .a~
tion (1) and s. 24(a), Art. I of the State Constitution. deetsl
2. An agency that is the custodian of the personal after.,'
information specified in subparagraph 1. and that is not (n}
the employer of the officer, employee, justice, judge, or sta~~
other person specified in subparagraph 1. shall main- c~~
tain the confidentiality of the personal information only dorm
if the officer, employee, justice, judge, other person, or o~
employing agency of the designated employee submits ~~e.n
a written request for confidentiality to the custodial 21'~:
agency. ~ ~I
0) Any information provided to an agency of state . . ~r.
government or to an agency of a political subdivision of ,~
the state for the purpose of forming ridesharing .I)~I.
arrangements, which information reveals the identity of~.~
an individual who has provided his or her name for 'l!.a~
rideshari.n~, as defined i~ s. 341.031, is exempt frorTI ~~!i~
the proVIsions of subsection (1) and s. 24(a), Art. I of }~';f~
the State Constitution. :e~~
PUBLIC RECORDS
(b) Active criminal intelligence information and
active criminal investigative information are exempt
from the provisions of subsection (1) and s. 24(a), Art.
I of the State Constitution.
(c) Any information revealing the identity of a confi-
dential informant or a confidential source is exempt
from the provisions of subsection (1) and s. 24(a), Art.
I of the State Constitution.
(d) Any information revealing surveillance tech-
niques or procedures or personnel is exempt from the
provisions of subsection (1) and s. 24(a), Art. I of the
State Constitution. Any comprehensive iiwentory of
state and local law enforcement resources compiled
pursuant to part I, chapter 23, and any comprehensive
policies or plans compiled by a criminal justice agency
pertaining to the mobilization, deployment, or tactical
operations involved in responding to emergencies, as
defined in s. 252.34(3), are exempt from the provisions
of subsection (1) and s. 24(a), Art. I of the State Consti-
tution and unavailable for inspection, except by person-
nel authorized by a state or local law enforcement
agency, the office of the Governor, the Department of
Legal Affairs, the Department of Law Enforcement, or
the Department of Community Affairs as having an offi-
cial need for access to the inventory or comprehensive
policies or plans.
(e) Any information revealing undercover person-
nel of any criminal justice agency is exempt from the
provisions of subsection (1) and s. 24(a), Art. I of the
State Constitution.
(f) Any criminal intelligence information or criminal
investigative information including the photograph,
name, address, or other fact or information which
reveals the identity of the victim of the crime of sexual
battery as defined in chapter 794; the identity of the vic-
tim of a lewd or lascivious offense committed upon or
in the presence of a person less than 16 years of age,
as defined in chapter 800; or the identity of the victim of
the crime of child abuse as defined by chapter 827 and
any criminal intelligence information or criminal investi-
gative information or other criminal record, including
those portions of court records and court proceedings,
which may reveal the identity of a person who is a vic-
tim of any sexual offense, including a sexual offense
proscribed in chapter 794, chapter 800, or chapter 827,
is exempt from the provisions of subsection (1) and s.
24(a), Art. I of the State Constitution.
(g) Any criminal intelligence information or criminal
investigative information which reveals the personal
assets of the victim of a crime, other than property
stolen or destroyed during the commission of the crime,
is exempt from the provisions of subsection (1) and s.
24(a), Art. I of the State Constitution.
(h) All criminal intelligence and criminal investiga-
tive information received by a criminal justice agency
prior to January 25, 1979, is exempt from the provisions
of subsection (1) and s. 24(a), Art. I of the State Consti-
tution.
(i)1. The home addresses, telephone numbers,
social security numbers, and photographs of active or
former law enforcement personnel, including correc-
tional and correctional probation officers, personnel of
the Department of Children and Family Services whose
954
~. 1999
PUBLIC RECORDS
(k) Any information revealing the substance of a
confession of a person arrested is exempt from the pro-
visions of subsection (1) and s. 24(a), Art. I of the State
Constitution, until such time as the criminal case is
finally determined by adjudication, dismissal, or other
final disposition.
(I) 1. A public record which was prepared by an
agency attorney (including an attorney employed or
retained by the agency or employed or retained by
another public officer or agency to protect or represent
the interests of the agency having custody of the rec-
ord) or prepared at the attorney's express direction,
which reflects a mental impression, conclusion, litiga-
tion strategy, or legal theory of the attorney or the
agency, and which was prepared exclusively for civil or
criminal litigation or for adversarial administrative pro-
ceedings, or which was prepared in anticipation of
imminent civil or criminal litigation or imminent
adversarial administrative proceedings, is exempt from
the provisions of subsection (1) and s. 24(a), Art. I of
the State Constitution until the conclusion of the litiga-
tion or adversarial administrative proceedings. For pur-
poses of capital collateral litigation as set forth in s.
27.7001, the Attorney General's office is entitled to
claim this exemption for those public records prepared
for direct appeal as well as for all capital collaterallitiga-
tion after direct appeal until execution of sentence or
imposition of a life sentence.
2. This exemption is not waived by the release of
such public record to another public employee or officer
of the same agency or any person consulted by the
agency attorney. When asserting the right to withhold
a public record pursuant to this paragraph, the agency
shall identify the potential parties to any such criminal
or civil litigation or adversarial administrative proceed-
ings. If a court finds that the document or other record
has been improperly withheld under this paragraph, the
party seeking access to such document or record shall
be awarded reasonable attorney's fees and costs in
addition to any other remedy ordered by the court.
(m) Sealed bids or proposals received by an agency
pursuant to invitations to bid or requests for proposals
are exempt from the provisions of subsection (1) and s.
24(a), Art. I of the State Constitution until such time as
the agency provides notice of a decision or intended
decision pursuant to s. 120.57(3)(a) or within 10 days
after bid or proposal opening, whichever is earlier.
(n) When an agency of the executive branch of
state government seeks to acquire real property by pur-
chase or through the exercise of the power of eminent
domain all appraisals, other reports relating to value,
offers, and counteroffers must be in writing and are
exempt from the provisions of subsection (1) and s.
24(a), Art. I of the State Constitution until execution of
a valid option contract or a written offer to sell that has
been conditionally accepted by the agency, at which
time the exemption shall expire. The agency shall not
finally accept the offer for a period of 30 days in order
to allow public review of the transaction. The agency
may give conditional acceptance to any option or offer
Subject only to final acceptance by the agency after the
30-day review period. If a valid option contract is not
executed, or if a written offer to sell is not conditionally
Ch.119
accepted by the agency, then the exemption from the
provisions of this chapter shall expire at the conclusion
of the condemnation litigation of the subject property.
An agency of the executive branch may exempt title
information, including names and addresses of prop-
erty owners whose property is subject to acquisition by
purchase or through the exercise of the power of emi-
nent domain, from the provisions of subsection (1) and
s. 24(a), Art. I of the State Constitution to the same
extent as appraisals, other reports relating to value,
offers, and counteroffers. For the purpose of this para-
graph, "option contract" means an agreement of an
agency of the executive branch of state government to
purchase real property subject to final agency
approval. This paragraph shall have no application to
other exemptions from the provisions of subsection (1)
which are contained in other provisions of law and shall
not be construed to be an express or implied repeal
thereof.
(0) Data processing software obtained by an
agency under a licensing agreement which prohibits its
disclosure and which software is a trade secret, as
defined in s. 812.081, and agency-produced data pro-
cessing software which is sensitive are exempt from
the provisions of subsection (1) and s. 24(a), Art. I of
the State Constitution. The designation of agency-
produced software as sensitive shall not prohibit an
agency head from sharing or exch~nging such soft-
ware with another public agency.. As used in this para-
graph:
1. "Data processinQ software" has the same
meaning as in s. '282.303(8).
2. "Sensitive" means only those portions of data
processing software, including the specifications and
documentation, used to:
a. Collect, process, store, and retrieve information
which is exempt from the provisions of subsection (1);
b. Collect, process, store, and retrieve financial
management information of the agency, such as pay-
roll and accounting records; or
c. Control and direct access authorizations and
security measures for automated systems.
(p) All complaints and other records in the custody
of any unit of local government which relate to a com-
plaint of discrimination relating to race, color, religion,
sex, national origin, age, handicap, marital status, sale
or rental of housing, the provision of brokerage ser-
vices, or the financing of housing are exempt from the
provisions of subsection (1) and s. 24(a), Art. I of the
State .Constitution until a finding is made relating to
probable cause, the investigation of the complaint
becomes inactive, or the complaint or other record is
made part of the official record of any hearing or court
proceeding. This provision shall not affect any function
or activity of the Florida Commission on Human Rela-
tions. Any state or federal agency which is authorized
to have access to such complaints or records by any
provision of law shall be granted such access in the fur-
therance of such agency's statutory duties, notwith-
standing the provisions of this section. This paragraph
shall not be construed to modify or repeal any special
or local act.
955
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Ch.' 119
PUBLIC RECORDS
F.S.1999
(q) All complaints and other records in the custody described in this subparagraph, is confidential and
of any agency in the executive branch of state govern- exempt from subsection (1) and s. 24(a), Art. I of the
ment which relate to a complaint of discrimination relat- State Constitution. Any governmental agency that is
ing to race, color, religion, sex, national origin, age, authorized to have access to such statements by any
handicap, or marital status in connection with hiring provision of law shall be granted such access in the fUr-
practices, position classifications, salary, benefits, dis- therance of the agency's statutory duties, notwithstand-
cipline, discharge, employee performance, evaluation, ing the provisions of this section. This subparagraph is
or other related activities are exempt from the provi- subject to the Open Government Sunset Review Act of
sions of subsection (1) and s. 24(a), Art. I of the State 1995 in accordance with s. 119.15, and shall stand
Constitution until a finding is made relating to probable repealed on October 2, 2003.
cause, the investigation of the complaint becomes 3. A public employee or officer who has access to
inactive, or the complaint or other record is made part the videotaped statement of a minor who is alleged to
of the official record of any hearing or court proceeding. be or who is a victim of sexual battery, lewd acts, or
This provision shall not affect any function or activity of other sexual misconduct proscribed in chapter 800 or in
the Florida Commission on Human Relations. Any s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s.
state or federal agency which is authorized to have 847.013, s. 847.0133, or s. 847.0145, may not willfully
access to such complaints or records by any provision and knowingly disclose videotaped information that
of law shall be granted such access in the furtherance reveals that minor's identity to a person who is not
of such agency's statutory duties, notwithstanding the assisting in the investigation or prosecution of the
provisions of this section. alleged offense or to any person other than the defend-
(r) All records supplied by a telecommunications ant, the defendant's attorney, or a person specified in
company, as defined by s. 364.02, to a state or local an order entered by the court having jurisdiction of the
governmental agency which contain the name, alleged offense.
address, and telephone number of subscribers are 4. A person who violates subparagraph 3. com.
confidential and exempt from the provisions of subsec- mits a misdemeanor of the first degree, punishable as
tion (1) and s. 24(a), Art. I of the State Constitution. provided in s. 775.082 or s. 775.083.
(s)1. Any document that reveals the identity, home (t) Any financial statement which an agency
or employment telephone number, home or employ- requires a prospective bidder to submit in order to
ment address, or personal assets of the victim of a prequalify for bidding or fo"r responding to a proposal for
crime and identifies that person as the victim of a crime, a road or any other public works project is exempt from
which document is received by any agency that regu- the provisions of subsection (1 ) and s. 24(a), Art. 101
larly receives information from or concerning the vic- the State Constitution.
tims of crime, is exempt from the provisions of subsec- (u) Where the alleged victim chooses not to file a
tion (1) and s. 24(a), Art. I of the State Constitution. Any complaint and requests that records of the complaint
information not otherwise held confidential or exempt re-main confidential, all records relating to an allegation
from the provisions of subsection (1) which reveals the of employment discrimination are confidential and
home or employment telephone number, home or exempt from the provisions of subsection (1) and s.
employment address, or personal assets of a person 24(a), Art. I of the State Constitution. .
who has been the victim of sexual battery, aggravated (v) Medical information pertaining to a prospecltve.
child abuse, aggravated stalking, harassment, aggra- current, or former officer or employee of an agency
vated battery, or domestic violence is exempt from the which, if disclosed, would identify that officer. or
provisions of subsection (1) and s. 24(a), Art. I of the employee is exempt from the provisions of subsectl()(l
State Constitution, upon written request by the victim, (1) and s. 24(a), Art. I of the State Constitution. How'
which must include official verification that an applica- ever, such information may be disclosed if the per~
ble crime has occurred. Such information shall cease to to whom the information pertains or the person's le~
be exempt 5 years after the receipt of the written representative provides written permission or pursuant
request. Any state or federal agency that is authorized to court order. ..
to have access to such documents by any provision of (w)1. If certified pursuant to subparagraph 2.. an
law shall be granted such access in the furtherance of investigatory record of the Chief Inspector Gene~
such agency's statutory duties, notwithstanding the . within the Executive Office of the Governor or of the
provisions of this section. employee designated by an agency hea~ as
2. Any information in a videotaped statement of a agency inspector general under s. 112.3189 IS exe~
minor who is alleged to be or who is a victim of sexual from the provisions of subsection (1) and s..24(a), Art
battery, lewd acts, or other sexual misconduct pro- I of the State Constitution until the investigatlo,n c~~
scribed in chapter 800 or in s. 794.011, s. 827.071, s. to be active, or a report detailing the invest,gat'o; 60
847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. provided to the Governor or the agency. head, ~hicfl
847.0145, which reveals that minor's identity, including, days from the inception of the investigatl?n for r first
but not limited to, the minor's face; the minor's home, the record was made or received, whlcheve whicfl
school, church, or employment telephone number; the occurs. Investigatory records are those records ~
minor's home, school, church, or employment address; are related to the investigation of an alleged, s~ 1081'
the name of the minor's school, church, or place of act or omission or other wrongdoing, with respec infot"
employment; or the personal assets of the minor; and identifiable person or group of persons, based o~ Of bf
which .identifies fhat minor as the victim of a crime956mafion compiled by fhe Chief Inspector Genera ....'
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PUBLIC RECORDS
Ch. 119
an agency Inspector general, as named under the pro- distribution, or use of the service, commodity, or tangi-
visions ofs. 112.3189, in the course of an investigation. ble personal property is executed, a decision is made
An investigation is active if it is continuing with a rea- not to execute such contract, or the project is no longer
sonable, good faith anticipation of resolution and with under active consideration. The exemption in this para-
reasonable dispatch. graph includes the bid documents actually furnished in
~"'2.' The Governor, in the case of the Chief Inspector response to the request for bids. However, the exemp-
General, or agency head, in the case of an employee tion for the bid documents submitted no longer applies
designated as the agency inspector general under s. after the bids are opened by the customer or prospec-
112.3189, may certify such investigatory records tive customer. This paragraph is subject to the Open
require an exemption to protect the integrity of the Government Sunset Review Act of 1995 in accordance
investigation or avoid unwarranted damage to an indi- with s. 119.15, and shall stand repealed on October 2,
vidual's good name or reputation. The certification shall 2001, unless reviewed and saved from repeal through
specify the nature and purpose of the investigation and reenactment by the Legislature.
shall be kept with the exempt records and made public (bb) Upon a request made in a form designated by
when the records are made public. the Department of Highway Safety and Motor Vehicles,
'3. . The provisions of this paragraph do not apply to personal information contained in a motor vehicle rec-
whistle-blower investigations conducted pursuant to ord that identifies the requester is exempt from subsec-
the provisions of ss. 112.3187, 112.3188, 112.3189, tion (1) and s. 24(a), Art. I of the State Constitution
and 112.31895. except as provided in this paragraph. Personal infor-
(x) The social security numbers of all current and mation includes, but is not limited to, the requester's
former agency employees which numbers are con- social security number, driver identification number,
tained in agency employment records are exempt from name, address, telephone number, and medical or dis-
subsection (1) and exempt from s. 24(a), Art. I of the ability information. For purposes of this paragraph, per-
State Constitution. As used in this paragraph, the term sonal information does not include information relating
-agency" means an agency as defined in s. 119.011. to vehicular crashes, driving violations, and driver's sta-
(y) The audit report of an internal auditor prepared tus. Such request may be made only by the person who
for or on behalf of a unit of local government becomes is the subject of the motor vehicle record. For purposes
, a public record when the audit becomes final. As used of this paragraph, "motor vehicle record" means any
In this paragraph, "unit of local government" means a record that pertains to a motor vehicle operator's per-
county, municipality, special district, local agency, mit, motor vehicle title: motor vehicle registration, or
authority, consolidated city-county government, or any identification card issued by the Department of High-
other local governmental body or public body corporate way Safety' and Motor Vehtr;;les. Personal information
or politic authorized or created by general or special contained in motor vehicle records exempted by an
law. An audit becomes final when the audit report is individual's request pursuant to this paragraph shall be
presented to the unit of local government. Audit released by the department for any of the following
. . orkpapers and notes related to such audit report are uses:
confidential and exempt from the provisions of subsec- 1. For use in connection with matters of motor
tion (1) and s. 24(a), Art. I of the State Constitution until vehicle or driver safety and theft; motor vehicle emis-
eaudit is completed and the audit report becomes sions; motor vehicle product alterations, recalls, or
nal. advisories; performance monitoring of motor vehicles
(z) Bank account numbers or debit, charge, or and dealers by motor vehicle manufacturers; and
credit card numbers given to an agency for the purpose removal of nonowner records from the original owner
'payment of any fee or debt owing are confidential records of motor vehicle manufacturers, to carry out the
. ~ 'exempt from subsection (1) and s. 24(a), Art. I of purposes of the Automobile Information Disclosure Act,
.~State Constitution. However, such numbers may be the Motor Vehicle Information and Cost Saving Act, the
, . by an agency, as needed, in any administrative or National Traffic and Motor Vehicle Safety Act of 1966,
. clal proceeding, provided such numbers are kept the Anti-Car Theft Act of 1992, and the Clean Air Act.
,nfidential and exempt, unless otherwise ordered by 2. For use by any government agency, including
.~.:court. This paragraph is subject to the Open Gov- any court or law enforcement agency, in carrying out its
,)l1ent Sunset Review Act of 1995 in accordance with functions, or any private person or entity acting on
~~1.~9.15J and shall stand repealed on October 2,2001, behalf of a federal, state, or local agency in carrying out
.!~ reviewed and saved from repeal through reen- its functions.
.." ~ntby the Legislature. 3. For use in connection with matters of motor
.(~a) Any data, record, or document used directly or vehicle or driver safety and theft; motor vehicle emis-
.~.~. by a municipally owned utility to prepare and sions; motor vehicle product alterations, recalls, or
m!t ,a bid relative to the sale, distribution, or use of advisories; performance monitoring of motor vehicles,
~~rVice, commodity, or tangible personal property motor vehicle parts, and dealers; motor vehicle market
<\~Y:'customer or prospective customer shall be research activities, including survey research; and
~P.t..from the provisions of subsection (1) and s. removal of nonowner records from the original owner
~),t~rt. I of the State Constitution. This exemption records of motor vehicle manufacturers.
~,~~ces when a municipal utility identifies in writing 4. For use in the normal course of business by a
aq~lfic bid to which it intends to respond. This legitimate business or its agents, employees, or con-
. ~~,ion no longer applies when the contract for sale, tractors, but only:
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Ch. 119
PUBLIC RECORDS
F.S.1999
a. To verify the accuracy of personal information
submitted by the individual to the business or its
agents, employees, or contractors; and
b. If such information as so submitted is not cor-
rect or is no longer correct, to obtain the correct infor-
mation, but only for the purposes of preventing fraud
by, pursuing legal remedies against, or recovering on a
debt or security interest against, the individual.
5. For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any court or
agency or before any self-regulatory body for:
a. Service of process by any certified process
server, special process server, or other person author-
ized to serve process in this state.
b. Investigation in anticipation of litigation by an
attorney licensed to practice law in this state or the
agent of the attorney.
c. Investigation by any person in connection with
any filed proceeding.
d. Execution or enforcement of judgments and
orders.
e. Compliance with an order of any court.
6. For use in research activities and for use in pro-
ducing statistical reports, so long as the personalinfor-
mation is not published, redisclosed, or used to contact
individuals.
7. For use by any insurer or insurance support
organization, or by a self-insured entity, or its agents,
employees, or contractors, in connection with claims
investigation activities, anti-fraud activities, rating, or
underwriting.
8. For use in providing' notice to the owners of
towed or impounded vehicles.
9. For use by any licensed private investigative
agency or licensed security service for any purpose
permitted under this paragraph. Personal information
obtained based on an exempt driver's record may not
be provided to a client who cannot demonstrate a need
based on a police report, court order, or a business or
personal relationship with the subject of the investiga-
tion.
10. For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a
commercial driver's license that is required under the
Commercial Motor Vehicle Safety Act of 1986, 49
U.S.C. App. 2710 et seq.
11. For use in connection with the operation of pri-
vate toll transportation facilities.
12. For bulk distribution for surveys, marketing, or
solicitations when the department has implemented.
methods and procedures to ensure that:
a. Individuals are provided an opportunity, in a
clear and conspicuous manner, to prohibit such uses;
and
b. The information will be used, rented, or sold
solely for bulk distribution for survey, marketing, and
solicitations, and that surveys, marketing, and solicita-
tions will not be directed at those individuals who have
timely requested that they not be directed at them.
13. For any use if the requesting person demon-
strates that he or she has obtained the written consent
of the person who is the subject of the motor vehicle
record.
14. For. any other ~se specifically authorized by
state law, If such use IS related to the operation of a
motor vehicle or public safety.
Personal information exempted from public disclosure
according to this paragraph may be disclosed by the
Department of Highway Safety and Motor Vehicles to
an individual, firm, corporation, or similar business
entity whose primary business interest is to resell or
redisclose the personal information to persons who are
authorized to receive such information. Prior to the
department's disclosure of personal information, such
individual, firm, corporation, or similar business entity
must first enter into a contract with the department
regarding the care, custody, and control of the personal
information to ensure compliance with the federal Driv-
er's Privacy Protection Act of 1994 and applicable state
laws. An authorized recipient of personal information
contained in a motor vehicle record, except a recipient
under subparagraph 12., may contract with the Depart-
ment of Highway Safety and Motor Vehicles to resell or
redisclose the information for any use permitted under
this paragraph. However, only authorized recipients of
personal information under subparagraph 12. may
resell or redisclose personal information pursuant to
subparagraph 12. Any authorized recipient who resells
or rediscloses personal information shall maintain, for
a period of !? years, records identifying each person or
entity that receives the personal information and the
permitted purpose for which it will be used. Such rec-
urds shall be lJ1ade available for inspection upon
request by the department. The department shall adopt
rules to carry out the purposes of this paragraph and
the federal Driver's Privacy Protection Act of 1994, Title
XXX, Pub. L. No. 103-322. Rules adopted by the
department shall provide for the payment of applicable
fees and, prior to the disclosure of personal information
pursuant to this paragraph, shall require the meeting of
conditions by the requesting person for the purposes of
obtaining reasonable assurance concerning the iden-
tity of such requesting person, and, to the extent
required, assurance that the use will be only as author-
ized or that the consent of the person who is the subject
of the personal information has been obtained. Such
conditions may include, but need not be limited to, the
making and filing of a written application in such form
and containing such information and certification
requirements as the department requires.
(cc)1. Medical history records, bank account num-
bers, credit card numbers, telephone numbers, and
information related to health or property insurance fur'
nished by an individual to any agency pursuant to fed-
eral, state, or local housing assistance programs are
confidential and exempt from the provisions of subsec-
tion (1) and s. 24(a), Art. I of the State Constitution. AnY
other information produced or received by any private
or public entity in direct connection with federal, state.
or local housing assistance programs, unless the sub'
ject of another federal or state exemption, is subject to
subsection (1). .
2. Governmental agencies or their agents are entl'
tied to access to the records specified in this paragrap~
for the purposes of auditing federal, state, or IOCa
958
':.F.S.1999
PUBLIC RECORDS
Ch. 119
"
,~
~:: housing programs or housing assistance programs.
:i Such records may be used by an agency, as needed,
'; in any administrative or judicial proceeding, provided
, :', such records are kept confidential and exempt, unless
..~ ~:' otherwise ordered by a court. . .
.~~c ~ 3, This paragraph is repealed effective October 2,
~f. 2003, and must be reviewed by the Legislature before
..~ that date in accordance with s. 119.15, the Open Gov-
" ernment Sunset Review Act of 1995.
'- (4) Nothing in this section shall be construed to
. exempt from subsection (1) a public record which was
made a part of a court file and which is not specifically
closed by order of court, except as provided in para-
graphs (c), (d), (e), (k), (I), and (0) of subsection (3) and
except information or records which may reveal the
identity of a person who is a victim of a sexual offense
as provided in paragraph (f) of subsection (3).
(5) An exemption from this section does not imply
an exemption from or exception to s. 286.011. The
exemption from or exception to s. 286.011 must be
expressly provided.
.: (6) Nothing in subsection (3) or any other general
or special law shall limit the access of the Auditor Gen-
eral or any state, county, municipal, university, board of
community college, school district, or special district
internal auditor to public records when such auditor
states in writing that such records are needed for a
properly authorized audit or investigation. Such auditor
shall maintain the confidentiality of any public records
that are confidential or exempt from the provisions of
~ubsection (1) and shall be subject to the same penal-
tIes as the custodians of those public records for violat-
ing confidentiality.
;.;., (7)(a) Any person or organization, including the
~epartment of Children and Family Services, may peti-
tion the court for an order making public the records of
the Department of Children and Family Services that
:. pertain to investigations of alleged abuse, neglect,
'j . abandonment, or exploitation of a child, a disabled
1:, adult, or an elderly person. The court shall determine if
f.!.9~od cause exists for public access to the records
'~;).Sought'or a portion thereof. In making this determina-
.~.ti~n~ the court shall balance the best interest of the dis-
:' abled adult, elderly person, or child who is the focus of
:~:investigation, and in the case of the child, the inter-
~t;9f that child's siblings, together with the privacy right
J1io~h~r persons identified in the reports against the
,. bl!~lnterest. The public interest in access to such
.}>rds is reflected in s. 119.01 (1), and includes the
~~d f?r citizens to know of and adequately evaluate
!;IIW~ctlons of the Department of Children and Family
~~,r;Jlces and the court system in providing disabled
H;'q~I~; eld~rly persons, and children of this state with
,~,eRrotectlons enumerated in ss. 39.001 and 415.101.
:'ever, this subsection does not contravene ss.
Q2 and 415.107, which protect the name of any
Il reporting the abuse, neglect, or exploitation of
,;.a disabled adult, or an elderly person.
~g;ln cases involving serious bodily injury to a
.~.!:l disabled adult or an elderly person, the Depart-
, Pt-.Children and Family Services may petition the
,lor an order for the immediate public release of
d~'of the department which pertain to the investi-
gation of abuse, neglect, abandonment, or exploitation
of the child, disabled adult, or elderly person who suf-
fered serious bodily injury. The petition must be person-
ally served upon the child, disabled adult, or elderly
person, the child's parents or guardian, the legal guard-
ian of that person, if any, and any person named as an
alleged perpetrator in the report of abuse, neglect,
abandonment, or exploitation. The court must deter-
mine if good cause exists for the public release of the
records sought no later than 24 hours, excluding Satur-
days, Sundays, and legal holidays, after the date the
department filed the petition with the court. If the court
has neither granted nor denied the petition within the
24-hourtime period, the department may release to the
public summary information including:
1. A confirmation that an investigation has been
conducted concerning the alleged victim.
2. The dates and brief description of procedural
activities undertaken during the department's investi-
gation.
3. The date of each judicial proceeding, a sum-
mary of each participant's recommendations made at
the judicial proceedings, and the rulings of the court.
The summary information may not include the name of,
or other identifying information with respect to, any per-
son identified in any investigation. In making a determi-
nation to release confidential information, the court
shall balance the best interests cif the disabled adult or
elderly person or child who is the focus of the investiga-
tion and, in the case of the child, the interests of that
child's siblings, together with the privacy rights of other
persons identified in the reports against the public inter-
est for access to public records. However, this para-
graph does not contravene ss. 39.202 and 415.107,
which'protect the name of any person reporting abuse,
neglect, or exploitation of a child, a disabled adult, or an
elderly person.
(c). When the court determines that good cause for
public access exists, the court shall direct that the
department redact the name of and other identifying
inform'ation with resped to any person identified in any
unfounded report or proposed confirmed report or
report closed without classification, or in any report that
has not yet been classified pursuant to s. 415.1045(7),
until such time as the court finds that there is probable
cause to believe that the person identified committed
an act of alleged abuse, neglect, or abandonment.
(8) The provisions of this section are not intended
to expand or limit the provisions of Rule 3.220, Florida
Rules of Criminal Procedure, regarding the right and
extent of discovery by the state or by a defendant in a
criminal prosecution or in collateral postconviction pro-
ceedings. This section may not be used by any inmate
as the basis for failing to timely litigate any
postconviction action.
Hlstory.-s. 7. ch. 67-125; s. 4, ch. 75-225; s. 2, ch. 77-60; s. 2, ch. 77-75; s.
2. ch. 77.94; s. 2, ch. 77.156; s. 2, eh. 78.81; SS. 2. 4, 6, ch. 79.187; S. 2. ch.
80-273; S. 1, eh. 81.245; s. 1, ch. 82.95; s. 36, ch. 82.243; s. 6, ch. 83.215: s. 2,
ch. 83.269; s. 1. eh. 83-286; s. 5. ch. 84-298; s. 1, ch. 85.18; s. 1, ch. 85-45; S. 1,
ch. 85.73; s. 1, ch. 85.86; s. 7, eh. 85-152; s. 1. ch. 85-177; s. 4, ch. 85.301; s. 2,
ch. 86.11; s. 1, ch. 86-21; S. 1, ch. 86.109; s. 2, ch. 87-399; s. 2, eh. 88.188; s. 1,
ch. 88.384; s. 1, ch. 89.29; s. 7, ch. 89-55; s. 1, eh. 89-80; s. 1, eh. 89-275; s. 2,
ch. 89-283; s. 2, ch. 89.350; s. 1. ch. 89-531; s. 1, ch. 90-43; s. 63, ch. 90-136: s.
2,ch. 90-196; s. 4. ch. 90-211; s. 24,ch. 90-306;ss. 22,26,ch. 90.344 ;S. l1G,ch.
90.360; s. 78, ch. 91-45; s. 11, ch. 91.57; S. 1, ch. 91-71; s. 1, ch. 91.96; s. 1, ch.
91-130; s. 1, eh. 91.149; s. 1. ch. 91.219; s. 1, ch. 91.288: SS. 43, 45, eh. 92.58:
959
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Ch.119
PUBLIC RECORDS
F.S.1999
s. 90, eh. 92-152; s. 59, ch. 92-289; s. 217, ch. 92.303; s. 1, ch. 93-87; s. 2, eh.
93-232; s. 3, ch. 93-404; s. 4, eh. 93.405; s. 4, ch. 94-73; s. 1, ch. 94-128; s. 3, ch.
94.130; s. 67, ch. 94.164; s. 1, ch. 94.176; s. 1419. eh. 95.147; SS. 1,3, ch. 95-170;
s. 4, ch. 95-207; s. I, ch. 95-320; SS. 1,2,3,5,6,7,8,9, 11,12,14,15,16,18,
19, 20, 22, 23. 24, 25, 26, 29, 30, 31, 32, 33, 34, 35, 36, ch. 95-398; s. 1, eh.
95.399; s. 121, eh. 95-418; s. 3, ch. 96-178; s. 1, ch. 96.230; s. 5, eh. 96-268; s.
4, ch. 96-290; S. 41. ch. 96.406; s. 18, ch. 96.410; s. 1, eh. 97-185; s. 1. ch. 98-9;
s. 7, ch. 98-137; s. 1, eh. 98.255; s. 1, ch. 98-259; s. 128, eh. 98-403; s. 2, eh.
99-201.
Note.-Additional exemptions from the applieation of this seetion are indexed in
Volume 6 of this edition in the General Index under the heading .Publie Records."
119.072 Criminal intelligence or investigative
information obtained from out-of-state agencies.-
Whenever criminal intelligence information or criminal
investigative information held by a non-Florida criminal
justice agency is available to a Florida criminal justice
age.ncy only on a confidential or similarly restricted
basIs, the Florida criminal justice agency may obtain
and use such information in accordance with the condi-
tions imposed by the providing agency.
History,-s. 3, ch. 79-t87.
119.08 Photographing public records.-
. (1 )(a) In all cases where the public or any person
Interested has a right to inspect or take extracts or
make copies from any public record, instruments or
documents, ~ny person shall hereafter have the right of
access to said records, documents or instruments for
the purpose of making photographs of the same while
in the possession, custody and control of the lawful
custodian thereof, or his or her authorized deputy.
(b) This section applies to the making of photo-
graphs in the conventional sense by utilization of a
camera devi.ce to capture images of documents, paper, '
books, receipts, paper photographs, and other similar
media and excludes the duplication of microfilm in the
possess~on ~f the clerk of the circuit court where a copy
of the microfIlm may be made available by the clerk.
(2) Such work shall be done under the supervision
of the lawful custodian of the said records, who shall
have the right to adopt and enforce reasonable rules
governing the said work, Said work shall, where possi-
ble, be done in the room where the said records docu-
men.ts or instruments are by law kept, but if the s'ame in.
the Judgment of the lawful custodian of the said rec-
?rds, d.ocuments or instruments be impossible or
Impracticable. then the said work shall be done in such
other room or place as nearly adjacent to the room
where the said records, documents and instruments
are kept as determined by the lawful custodian thereof.
(3) Where the providing of another room or place is
necessary, the expense of providing the same shall be
paid by the person desiring to photograph the said rec-
ords, Instruments or documents. While the said work
hereinbefore mentioned is in progress, the lawful cus-
todian of said ~ecords may charge the person desiring
to make the said photographs for the services of a dep-
uty of the lawful custodian of said records, documents
or instruments to supervise the same, or for the ser-
vices of the said lawful custodian of the same in so
doing at a rate of compensation to be agreed upon by
the person desiring to make the said photographs and
the custodian of the said records, documents or instru-
ments, or in case the same fail to agree as to the said
ch?rge, then by the lawful custodian thereof.
HISlory.-s. 8, eh. 67-125; s. 1. ch. 89-57; s. 756. ch. 95-147.
1119.083 Definitions; copyright of data processing
software created by governmental agencies. fees'
prohibited contracts.- ' ,
(1) As used in this section:
(a) "Agency" has the same meaning as in s.
11.9.011 (2), except that the term do.es not include any
pnv~te agen.cy, person, partnership, corporation, or
bUSiness entity.
(b) "Data processing software" has the same
meaning as in s. 282.303.
(c) "Proprietary software" means data processing
software that is protected by copyright or trade secret
laws.
(2) Any agency is authorized to hold copyrights for
data processing software created by the agency and to
e~force its rights pertaining to such copyrights, pro-
Vided that the agency complies with the requirements
of this section.
(a) Any agency that has obtained a copyright for
data pr~cessing software. created by the agency may
sell or license the copynghted data processing soft-
ware to any other public or private entity and may
~stablish a license fee for the use of such data process-
Ing software. Proceeds from the sale or licensing 01
copyrighted data processing software may be depos-
ited by a state agency into an agency trust fund. Coun-
ties, municipalities, and other political subdivisions of
the state may designate how such sale and licensing
proceeds'are to be used. Prices or fees for the sale or
licensing of copyrighted data processing software may
be based on market considerations. However, the
prices or fees' for the sale or licensing of copyrighted
data processing software to an individual or entity
solely for application to data or information maintained
or generated by the agency that created the copy'
righted data processing software shall be determined
pursuant to s. 119.07( 1).
(b) The provisions of this subsection are supple.
mental to, and shall not supplant or repeal, any other
provision of law that authorizes an agency to hold or
obtain copyrights.
(3) Subject to the restrictions of copyright and trade
secret laws and public records exemptions, agency use
of proprietary software must not diminish the right of the
public to inspect and copy a public record. .
(4) An agency must consider when designing or
acquiring an electronic recordkeeping system that such
system is capable of providing data in some common
format such as, but not limited to, the American Stan-
dard Code for Information Interchange. .
(5) Each agency that maintains a public record In
an electronic record keeping system shall provide to
any person, pursuant to this chapter, a copy of any pub'
lic record in that system which is not exempted by law
from public disclosure. An agency must provide a copy
of the record in the medium requested if the agency
maintains the record in that medium, and the agen~
may charge a fee which shall be in accordance with thiS
chapter. For the purpose of satisfying a public recor~
request, the fee to be charged by an agency if ~t elee ~
to provide a copy of a public record in a medium n.fe
routinely used by the agency or if it elects to ?omp~
information not routinely developed or maintained y
960
I f:~. I ~~~
j the agency or that requires a substantial amount of
ri'lllnipulation or programming must be in accordance,
with s. 119.07(1 )(b).
.~: (6) An agency may not enter into a contract for the
creation or maintenance of a public records database
if that contract impairs the ability of the public to inspect
or copy the public records of that agency, including
public records that are on-line or stored in an electronic
recordkeeping system used by the agency.
Hlstory.-ss. 1,2, eh. 90-237; s. 3, eh. 93-405; s. 4, eh. 94-340; s. 7, ch. 95.296.
'Note.-Expires October 1, 2000, pursuant to S. 2. ch. 90-237, and is seheduled
tor review by the legislature.
PUBLIC RECORDS
119.085 Remote electronic access to public rec-
ords.-As an additional means of inspecting, examin-
ing, and copying public records of the executive
branch, judicial branch, or any political subdivision of
the state, public records custodians may provide
access to the records by remote electronic means.
Unless otherwise required by law, the custodian may
charge a fee for remote electronic access, granted
under a contractual arrangement with a user, which fee
may include the direct and indirect costs of providing
such access. Fees for remote electronic access pro-
vided to the general public shall be in accordance with
the provisions of s. 119.07(1). The custodian shall pro-
vide safeguards to protect the contents of public rec-
ords from unauthorized remote electronic access or
alteration and to prevent the disclosure or modification.
of those portions of public records which by general or
special law are exempt from s. 119.07(1).
History.-s. 2, ch. 85-86; s. 1, ch. 90-94; s. 2. ch. 95-296.
119.09 Assistance of the Division of Library and
Information Services, records and information man-
agement program, of the Department of State.- The
Division.of Library and Information Services, records
and information management program, of the Depart-
ment of State shall have the right to examine into the
condition of public records and shall give advice and
assistance to public officials in the solution of their
problems of preserving, creating, filing, and making
available the public records in their custody. Public offi-
cials shall assist the division by preparing an inclusive
Inventory of categories of public records in their cus-
tOdy. The division shall establish a time period for the
retention or disposal of each series of records. Upon
~e completion of the inventory and schedule, the divi-
~Ion shall (subject to the availability of necessary
space, staff, and other facilities for such purposes)
rn~ke space available in its records center for the filing
Qt'semicurrent records so scheduled and in its archives
'~rrnoncurrent records of permanent value and shall
~!\der such other assistance as needed, including the
~~fiIming of records so scheduled. .
.88:, ry.-s. 9, ch. 67-125, ss. 10, 35, ch. 69-106, s. 6, eh. 83.286, s. 7. ch.
-~.
tIi~~92 Registration by federal employer's regis-
:~~.Oh number.-:-Each state age.ncy which regist~rs or
;~.~~es cor~oratlons, partnershIps, or. o~h~r bUSiness
(~~~~e.Sshall Include, by July 1, 1978, wIthin ItS number-
t . ,sYstem, the federal employer's identification num-
Of!each corporation, partnership, or other business
~Yegistered or licensed by it. Any state agency
Ch. 119
may maintain a dual numbering system in which the
federal employer's identification number or the state
agency's own number is the primary identification num-
ber; however, the records of such state agency shall be
designed in such a way that the record of any business
entity is subject to direct location by the federal employ-
er's identification number. The Department of State
shall keep a registry of federal employer's identification
numbers of all business entities, registered with the
Division of Corporations, which registry of numbers
may be used by all state agencies.
History.-s. 1. ch. 77-148.
119.10 Violation of chapter; penalties.-
(1) Any public officer who violates any provision of
this chapter is guilty of a noncriminal infraction, punish-
able by fine not exceeding $500.
(2) Any person willfully and knowingly violating any
of the provisions of this chapter is guilty of a misde-
.meanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
History.-s. 10. ch. 67-125: s. 74, ch. 71-136; s. 5, ch. 85.301.
119.105 Protection of victims of crimes or acci-
dents.-Police reports are public records except as
otherwise made exempt or confidential by general or
special law. Every person is allowed to examine nonex-
empt or nonconfidential police reports. No person who
inspects or copies police reports for the purpose of
obtaining the names and addresses of the victims of
crimes or accidents shall use any information con-
tained therein for any commercial solicitation of the vic-
tims or relatives of the victims of the reported crimes or
accidents. Nothing herein shall prohibit the publication
of such information by any news media or the use of
such information for any other data collection or analy-
sis purposes.
History.-s. 1, ch. 90-280.
119.11 Accelerated hearing; immediate compli-
ance;-
(1) Whenever an action is filed to enforce the provi-
sions of this chapter, t~e court shall set an immediate
hearin'g, giving the case priority over other pending
cases.
(2) Whenever a court orders an agency to open its _
records for inspection in accordance with this chapter,
the agency shall comply with such order within 48
hours, unless otherwise provided by the court issuing
such order, or unless the appellate court issues a stay
order within such 48-hour period.
(3) A stay order shall not be issued unless the court
determines that there is a substantial probability that
opening the records for inspection will result in signifi-
cant damage.
(4) Upon service of a complaint, counterclaim, or
cross-claim in a civil action brought to enforce the provi-
sions of this chapter, the custodian of the public record
that is the subject matter of such civil action shall not
transfer custody, alter, destroy, or otherwise dispose of
the public record sought to be inspected and examined,
notwithstanding the applicability of an exemption or the
assertion that the requested record is not a public rec-
ord subject to inspection and examination under s.
961
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Ch.119
PUBLIC RECORDS
F.S. 1999
119.07(1), until the court directs otherwise. The person
who has custody of such public record may, however,
at any time permit inspection of the requested record as
provided in s. 119.07(1) and other provisions of law.
Hlstory.-s. 5, ch. 75.225; s. 2, eh. 83.214; s. 6. ch. 84.298.
119.12 Attorney's fees.-
(1) If a civil action is filed against an agency to
enforce the provisions of this chapter and if the court
determines that such agency unlawfully refused to per-
mit a public record to be inspected, examined, or cop-
ied, the court shall assess and award, against the
agency responsible, the reasonable costs of enforce-
ment including reasonable attorneys' fees.
(2) Whenever an agency appeals a court order
requiring it to permit inspection of records pursuant to
this chapter and such order is affirmed, the court shall
assess a reasonable attorney's fee for the appeal
against such agency.
History.-s. 5. ch. 75.225; 5, 7. ch. 84.298.
119.15 Legislative review of exemptions from pub-
lic meeting and public records requirements.-
(1 ) This section may be cited as the "Open Govern-
ment Sunset Review Act of 1995."
(2) This section provides for the automatic applica-
tion of the policy of open government as provided in ss.
119.01 and 286.011 to certain exemptions from ss.
119.07(1) and 286.011. It is the intent of the Legislature
that exemptions to ss. 119.07(1) and 286.011 shall be
created or maintained only if:
(a) The exempted record or meeting is of a sensi-
tive, personal nature concerning individuals;
(b) The exemption is necessary for the effective
and efficient administration of a governmental program;
or
(c) The exemption affects confidential information
concerning an entity.
Thus, the maintenance or creation of an exemption
must be compelled as measured by these criteria. Fur-
ther, the Legislature finds that the public has a right to
have access to executive branch governmental meet-
ings and records unless the criteria in this section for
restricting such access to a public meeting or public
record are met and the criteria are considered during
legislative review in connection with the particular
exemption to be significant enough to override the
strong public policy of open government. To strengthen
the policy of open government, the Legislature shall
consider the criteria in this section before enacting
future exemptions.
(3)(a) In the 5th year after enactment of a new
exemption or substantial amendment of an existing
exemption, the exemption shall repeal on October 2nd
of the 5th year, unless the Legislature acts to reenact
the exemption. A law that enacts a new exemption or
substantially amends an existing exemption must state
that the exemption is repealed at the end of 5 years and
that the exemption must be reviewed by the Legislature
before the scheduled repeal date.
(b) For purposes of this section, an exemption is
substantially amended if the amendment expands the
scope of the exemption to include more records or
information or to include meetings as well as records.
An exemption is not substantially amended if the
amendment narrows the scope of the exemption.
(c) This section is not intended to repeal an exemp-
tion that has been amended following legislative review
before the scheduled repeal of the exemption if the
exemption is not substantially amended as a result of
the review.
(d) In the year before the repeal of an exemption
under this section, the Division of Statutory Revision of
the Office of Legislative Services shall certify to the
President of the Senate and the Speaker of the House
of Representatives, by June 1, the language and statu-
tory citation of each exemption scheduled for repeal the
following year which meets the criteria of an exemption
as defined in this section. Any exemption that is not
identified and certified to the President of the Senate
and the Speaker of the House of Representatives is not
subject to legislative review and repeal under this sec-
tion. If the division fails to certify an exemption that it
subsequently determines should have been certified, it
shall include the exemption in the following year's certi-
fication after that determination.
(e) The term "exemption" means a provision of the
Florida Statutes which creates an exception to s.
119.07(1) or s. 286.011 and which applies to the execu-
tive branch of state government or to local government.
but it does not include any provision of a special law or
local law. .
(f) An exemption that is required by federal law is
not subject to repeal under this section.
. (g) An exemption that applies solely to the Legisla.
ture or the State Court System is not subject to repeal
under this section.
(4)(a) The Legislature shall review the exemption
before its scheduled repeal and consider as part of the
review process the following:
1. What specific records or meetings are affected
by the exemption?
2. Whom does the exemption uniquely affect, as
opposed to the general public?
3. What is the.identifiable public purpose or goal of
the exemption?
4. Can the information contained in the records or
discussed in the meeting be readily obtained by alter-
native means? If so, how?
(b) An exemption may be created or maintained
only if it serves an identifiable public purpose and may
be no broader than is necessary to meet the public pur-
pose it serves. An identifiable public purpose is served
if the exemption meets one of the following purposes
, and the Legislature finds that the purpose is sufficiently
compelling to override the strong public policy of open
government and cannot be accomplished without the
exemption:
1. Allows the state or its political subdivisions l~
effectively and efficiently administer a go~er~r:nen~~,
program, which administration would be slgnlflcan )
impaired without the exemption; al
2. Protects information of a sensitive perso~ h
nature concerning individuals, the release. ?f whl~r
information would be defamatory to such indiViduals
cause unwarranted damage to the good name or repu-
962
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PUBLIC RECORDS
Ch.119
I~
. tation of such individuals or would jeopardize the safety
of such individuals. However, in exemptions under this
subparagraph, only information that would identify the
individuals may be exempted; or
3. Protects information of a confidential nature
concerning entities, including, but not limited to, a for-
mula, pattern, device, combination of devices, or com-
pilation of information which is used to protect or further
a business advantage over those who do not know or
use it, the disclosure of which information would injure
the affected entity in the marketplace.
(c) Records made before the date of a repeal of an
exemption under this section may not be made public
unless otherwise provided by law. In deciding whether
the records shall be made public, the Legislature shall
consider whether the damage or loss to persons or
entities uniquely affected by the exemption of the type
specified in subparagraph (b)2. or subparagraph (b)3.
vvould occur if the records were made public.
'(d) An exemption that is created or revived and
reenacted must contain uniform language that clearly
states the section in the Florida Statutes from which it
is exempt, s. 119.07(1) or s. 286.011. The uniform lan-
guage must also provide for the maximum public
access to the meetings and records as is consistent
with the purpose of the exemption. An exemption that
is created or substantially amended must state that the
exemption is repealed at the end of 5 years and that the
exemption must be reviewed by the Legislature before
the scheduled date of repeal.
:. (e) Notwithstanding s. 768.28 or any other law, nei-
tlier the state or its political subdivisions nor any other
public body shall be made party to any suit in any court
or: incur any liability for the repeal or revival and reen-
actment of an exemption under this section. The failure
):', 9,1 the Legislature to comply strictly with this section
'!~ does not invalidate an otherwise valid reenactment.
,:; .~'HiSt6ry.-s. 2, eh. 95-217; s. 25, eh, 98-136,
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i.}[~19.19 Capital postconviction public records pro-
;~r,duction.-
~~~$'~1) As used in this section, the term "trial court"
. €l'ans:
.. (~) The judge who entered the judgment and
;posed the sentence of death; or
(b) If a motion under Rule 3.850 or Rule 3.851 has
;e~n filed and a different judge has already been
~Igned to that motion, the judge who is assigned to
)e'onthat motion.
.t~):: The Secretary of State shall establish and main-
':I~a'records repository for the purpose of archiving
,ital'postconviction public records as provided for in
~.
:Section.
(~)(a) Upon issuance of the Florida Supreme
o,rfsmandate, the Attorney General shall promptly
y!de:written notification to the state attorney who
',' bted the case that a death sentence has been
Dfied. Upon receipt of such notification, the state
IUOWey, shall promptly provide written notification to
.'I~w enforcement agency involved in the case.
,lWithin 90 days after receipt of notification, each
R!brcement agency involved in the case and the
~ttorney who prosecuted the case shall copy,
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seal, and deliver to the repository all public records,
except for those filed in the trial court, which were pro-
duced in the investigation or prosecution of the case.
Each agency shall bear the costs.
(4)(a) Upon issuance of the Florida Supreme
Court's mandate, the Attorney General shall promptly
provide written notification to the Department of Cor-
rections that a death row inmate's sentence has been
affirmed.
(b) Within 90 days after notification, the Depart-
ment of Corrections shall copy, seal, and deliver to the
repository all public records determined by the depart-
ment to be relevant to the subject matter of a proceed-
ing under Rule 3.850 or Rule 3.851 and where such
production would not be unduly burdensome for the
department. The department shall bear the costs.
(5)(a) The chief law enforcement officer of each law
enforcement agency that was involved in the case,
whether through an investigation, arrest, prosecution,
or incarceration, shall notify the Attorney General upon
compliance with subsection (3) and shall certify that to
the best of his or her knowledge and belief all public
records in possession of the agency or in possession of
any employee of the agency have been copied,
indexed, and delivered to the records repository as
required by subsection (3).
(b) The state attorney who prosecuted the case
shall provide written notification to the Attorney General
upon compliance with subsection (3) and shall certify
that to the best of his or her knowledge and belief all
public records in his or her possession have been cop-
ied, indexed, and delivered to the records repository as
required by subsection (3).
(c) The Secre'tary of Corrections shall provide writ-
ten notification to the Attorney General upon compli-
ance with subsection (4) and shall certify that to the
best of his or her knowledge and belief all public rec-
ords in the department's possession have been copied,
indexed, and delivered to the records repository as
required by paragraph (4)(b).
(6)(a) Within 90 days after issuance of the Florida
Supreme Court's mandate affirming a death sentence,
both the public dEilfender or private counsel for the
defendant and the state attorney involved in the case
shall provide written notification to the Attorney General
of the name and address of any person or agency'in
addition to those persons and agencies listed in sub-
sections (3) and (4) which may have information perti-
nent to the case unless previously provided to the capi-
tal collateral regional counselor postconviction private
counsel. The Attorney General shall promptly provide
written notification to each identified person or agency
after receiving the information from the public defender,
private counsel for the defendant, or state attorney and
shall request that all public records in the possession of
the person or agency which pertain to the case be cop-
ied, sealed, and delivered to the records repository.
(b) Within 90 days after receiving a request for pub-
lic records under paragraph (a), the person or agency
shall provide written notification to the Attorney General
of compliance with this subsection and shall certify that
to the best of his or her knowledge and belief all public
records requested have been copied, indexed, and
delivered to the records repository.
...
PUBLIC RECORDS
F.S.1999
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Ch. 119
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(7)(a) Any public record delivered to the records
repository under this section which is confidential or
exempt from the requirements of s. 119.07(1) and s.
24(a), Art. I of the State Constitution must be separately
boxed, without being redacted, and sealed. The out-
side of the box must clearly identify the public records
as exempt, and the seal may not be broken without an
order of the trial court. The outside of the box must
identify the nature of the public records and the legal
basis under which the public records are ex_empt.
(b) Upon the entry of an appropriate court order,
sealed boxes subject to an inspection by the trial court
shall be shipped to the respective clerk of court. Such
a box may be opened only for an inspection by the trial
court in camera and only with a representative of the
agency present at the unsealing by the court. The mov-
ing party shall bear all costs associated with the trans-
portation and inspection of such records by the trial
court.
(8)(a) Within 90 days after a capital collateral
regional counselor private counsel is appointed to rep-
resent a defendant sentenced to death, the regional
counsel, private counsel, or other counsel who is a
member of The Florida Bar and is authorized by such
counsel representing a defendant shall send a written
demand for additional public records to each person or
agency submitting public records under subsections (3)
and (4) and to each person or agency identified as hav-
ing information pertinent to the case under subsection
(6). Each person or agency notified under this subsec-
tion shall, within 90 days after receipt of the written
demand, deliver to the records repository any addi-
tional public records in the possession of the person or
agency which pertain to the case and shall certify that
to the best of his or her knowledge and belief all addi-
tional public records have been delivered to the Attor-
ney General or, if no additional public records are
found, shall recertify that the public records previously
delivered are complete.
(b) Within 60 days after receiving the written
demand, the agency or person may file an objection in
the trial court. Within 30 days after the filing of an objec-
tion, the trial court shall hold a hearing and order an
agency or person to produce additional public records
if it finds each of the following:
1. The regional counselor private counsel has
made a timely and diligent search as provided in this
section.
2. The regional or private counsel's written
demand identifies, with specificity, those additional
public records that are not at the repository.
3. The additional public records sought are rele-
vant to the subject matter of a proceeding under Rule
3.850 or Rule 3.851 or appear reasonably calculated to
lead to the discovery of admissible evidence.
4. The additional public records request is not
overbroad or unduly burdensome.
(c) The Attorney General and state attorney shall
provide notification as provided in subsections (3) and
(4) on cases where the mandate has issued on the date
that this statute becomes effective, but where initial
requests for public records have not been made.
III
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(d) If, on the date that this statute becomes effec-
tive, a defendant is represented by appointed capilal
collateral regional counselor private counsel, and he Or
she has initiated the public records request process.
counsel shall file within 90 days of the effective date of
this statute, a written demand for any additional records
that have not previously been the subject of a notice 10
produce. An agency may file an objection to such addi-
tional demand, and the trial court shall hold a hearing
as provided by paragraph (b). This statute shall not be
a basis for renewing requests that have been initiated
previously or for relitigating issues pertaining to produc-
tion of public records upon which a court has ruled prior
to the effective date of the statute, or for stopping an
execution which has been scheduled based upon a
warrant executed by the Governor prior to the effeclive
date of the statute.
(e) If, on the date that this statute becomes effec-
tive, the defendant has had a Rule 3.850 motion denied
and no Rule 3.850 motion is pending, no additional
requests shall be made by capital collateral regional
counselor contracted private counsel until a death war.
rant is signed by the Governor and an execution is
scheduled. Within 10 days of the signing of the death
warrant, capital collateral regional counselor con-
tracted private counsel may request of a person or
agency that the defendant has previously requested te
produce records 'any records .previously requested te
which no objection was raised or sustained, but which
the agency has received or produced since the prevI'
ous request or which for any reason the agency has III
its possession and-did not produce within 10 days 0:
the receipt of the previous notice or such shorter time
period ordered by the court to comply with the time lor
the- scheduled execution. The person or agency shall
produce the record or shall file in the trial court an affl'
davit stating that it does not have the requested record
or, that the record has been produced previously.
(9)(a) After production of additional public records
or recertification as provided in subsection (8), the
regional counsel 01' the private counsel is prohibitec
from making any further public records requests under
this chapter. An agency is not required to produce addl'
tional public records except by court order as provld~_
in this subsection.
(b) In order to obtain additional public recordS
beyond those provided under subsection (8), Ihe
regional counsel, private counsel, or other counsel whC
is a member of The Florida Bar and is authorized by the
regional counselor private counsel shall file an affida\1:
in the trial court which attests that he or she has made
a timely and diligent search of the records rep?Slto~.
and specifically identifies those additional publiC r~,
ords that are not at the repository and are releva;o;
the subject matter of a proceeding under Rule 3.8 tile!
Rule 3.851 or are reasonably calculated ~o lead to ro-
discovery of admissible evidence. The affiant s.hal! ~
vide a copy of the affidavit to all affected agenCieS u
the filing of such affidavit in the trial court. . 'I tile!
(c) Within 30 days after the filing of an afflda;~.~~
trial court shall order an agency to produce a~ I ~
public records only if it finds each of the folloWing.
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964
~9
PUBLIC RECORDS
Ch. 119
1. The regional counselor private counsel has
made a timely and diligent search as provided in this
section.
2. The regional or private counsel's affidavit identi-
fies, with specificity, ~hose additional public records that
are not at the repository.
3. The additional public records sought are rele-
vant to the subject matter of a proceeding under Rule
3.850 or Rule 3.851 or appear reasonably calculated to
lead to the discovery of admissible evidence.
4. The additional public records request is not
overbroad or unduly burdensome.
(10) The capital collater,al regional counselor private
counsel shall provide the personnel, supplies, and any
necessary equipment used by the capital collateral
regional counselor private counsel to copy records
held at the records repository.
(11) The trial court shall resolve any dispute that
arises under this section, unless the appellate court
has exclusive jurisdiction.
(12) The capital collateral regional counselor private
counsel shall not solicit another person to make a
request for public records on behalf of the regional
counselor private counsel. The trial court shall impose
appropriate sanctions against any regional counselor
private counsel found in violation of this subsection.
(13) Sixty days after a capital sentence is carried
out, 60 days after a defendant is released from incar-
ceration following the granting of a pardon or reversal
of the sentence, or 60 days after the defendant has
been resentenced to a term of years, the Attorney Gen-
eral shall provide written notification to the Secretary of
State, who may then destroy the records held by the
records repository which pertain to that case.
(14) This section pertains only to the production of
records for capital postconviction defendants and does
not change or alter any time periods specified in Rule
3.850 or Rule 3.851, Florida Rules of Criminal Proce-
dure. Furthermore, this section does not affect,
expand, or limit the production of public records for any
purposes other than use in a proceeding held pursuant
to Rule 3.850 or Rule 3.851, Florida Rules of Criminal
Procedure.
History.-s, 1, ch. 98.198.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
JANUARY 10,2000
I. CALL TO ORDER
The Regular Meeting of January 10, 2000 of the City Commission was called to order by
Deputy Mayor Cindy Gennell at 6:35 p.m. in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
ROLL CALL:
Mayor Paul P. Partyka: Absent
Deputy Mayor Gennell: Present
Commissioner Miller: Present
Commissioner Martinez: Present
Commissioner Blake: Present
Commissioner McLeod: Arrived at 7:58 p.m.
City Manager Ronald W. McLemore: Present
City Attorney Anthony Garganese: Present
The Invocation was followed by the Pledge of Allegiance. Commissioner Edward
Martinez Jr. asked that we remember Jan Palladino's Mother, and resident Isabelle
Laub's Husband, who recently passed away.
II. PUBLI C INPUT
Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: asked about the
Code "That allows for commercial buildings to be restricted on the amount of ~ime they
can be vacant, before they have to be tom down". There was brief discussion" about
public safety concerns.
Ms. Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: spoke about her desire
to "Follow through with a petition for appeal to the DCA". Ms. Scarlata further
addressed the City's Comprehensive Plan in regards to open and recreational spaces".
Mr. Eric Queen, 1198 Gulfstar Drive, Winter Springs, Florida: spoke about extensions
for commercial vehicles permits. Mr. Queen was asked to speak with the Code
Enforcement Department on ways that he may be able to come into compliance.
i:
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 10,2000
Page 2 of 17
Ms. Ethel Beecher, 1207 Winter Springs Boulevard, Winter Springs, Florida: As a Board
Member for the Safehouse of Seminole organization, Ms. Beecher was in favor of the
City waiving the fees for a proposed soccer tournament at Central Winds Park.
Ms. Patty Reilley, 1207 Winter Springs Boulevard, Winter Springs, Florida: discussed
area recreational activities and facilities; and asked if the City had any plans to support
cheerleaders and football organizations within Winter Springs.
Mr. Chuck Pula, Parks and Recreation Director acknowledged the City's desire to pursue
other athletic organizations.
III. CONSENT
A. Community Development Department - Land Development Division
Requests That The Commission Approve The Recordation Of The Plat For The
Reserve At Tuscawilla Phase I-A.
B. Community Development Department
Requests The Commission Authorize The Transfer Of $25,000.00 From Surplus
Appropriations To Line Code 1510-54930 Classified Advertising.
C. Public Works Department
Requesting An Increased Authorization For The Hayes Road Turn Lane
Improvements.
D. Public Works Department
Requesting Authorization To Expend Funds To Convert To Underground Or
Eliminate Existing Overhead Electric, Cable And Telephone Crossings And Stay
Guy Wires On S.R. 434 From S.R. 419 To Tuskawilla Road.
E. General Services Department
Requests That The City Commission Authorize The Execution Of A Contract With
Information On Demand, Inc., Post Office Box 600, Winter Park, Florida 32790-
0600.
F. General Services Department
Requests That The City Commission Authorize The Purchase Of Selected
Replacement Furniture For The City Commissioners' Office In City Hall Through
Thomas W. Ruff And Company, 911 South Orlando Avenue, Maitland, Florida
32751.
G. City Clerk's Office
Approval Of The Minutes Of The Regular Meeting Of December 13, 1999.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 10,2000
Page 3 of 17
H. Office Of The Mayor
Resolution Number 911, A Resolution Of The City Of Winter Springs, Florida,
Expressing Appreciation To Jim Ryan For His Service On The Board Of Trustees.
Deputy Mayor Gennell said, "I'll entertain a Motion to approve the Consent Agenda, less
Items "A" and "F".
"SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE TAKEN
OFF THE CONSENT AGENDA FOR A SEP ARA TE VOTE. .:. .:.
A. Community Development Department - Land Development Division
Requests That The Commission Approve The Recordation Of The Plat For The
Reserve At Tuscawilla Phase I-A.
Commissioner Martinez stated that "I voted against this project way back when it was
first approved by this Commission, for obvious reasons, which I put on the record then,
and I still maintain that we should have been subject to - and therefore since I am not in
agreement, I want to continue my record to run the same".
The Commission and Mr. Don LeBlanc, Land Development Coordinator spoke of the
proposed recordation; provisions; litigation concerns; possibly tabling this item; and
reasons for voting against this at tonight's meeting.
"MADAM CHAIRMAN, I WOULD LIKE TO MAKE A MOTION THAT WE
POSTPONE THE CONSIDERATION OF ITEM "A", UNTIL THE NEXT
COMMISSION MEETING" - ("THE 24TH OF JANUARY"). MOTION BY
COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
. ;'
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F. General Services Department
Requests That The City Commission Authorize The Purchase Of Selected
Replacement Furniture For The City Commissioners' Office In City Hall Through
Thomas W. Ruff And Company, 911 South Orlando Avenue, Maitland, Florida
32751.
Commissioner Michael S. Blake stated, "I recommend no action".
Commissioner Robert S. Miller said, "I'd like to see the City Manager come back with
some alternatives at the next Commission Meeting, whenever he gets additional
information".
Deputy Mayor Gennell added, "Perhaps a simpler, less expensive design may be called
for". Deputy Mayor Gennell then said, "We'll just take no action on this Item - and let it
come back again, when they have the information ready".
IV. INFORMATIONAL
A. Parks And Recreation Department
Wishes To Inform The City Commission That It Plans To Conduct A Summer Day
Camp Program At The Sunshine Park Civic Center.
B. Utility Department
Advising The City Commission Of A Public Meeting To Review The Risk
Management Plan For Chlorine Leaks At The County Services Building.
C. City Manager
Informing The Commission Of Operational Problems With The Solid Waste
Collection Encountered During The Week Of January 3, 2000.
"MOTION TO APPROVE INFORMATIONAL AGENDA". MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
v. PUBLIC HEARINGS
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Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For The Second Reading
And Adoption Of Ordinance 756 To Designate The Lamoureux Property (2.5 Acres)
Commercial On The Future Land Use Map.
Mr. Thomas Grimms, AICP, Comprehensive Planning Coordinator spoke briefly about
the property owner being interested in "Annexing into the City".
Attorney Anthony Garganese read Ordinance 756 by "title only".
Deputy Mayor Gennell opened the Public Input portion of this Agenda Item.
There were no comments.
The Public Input portion oj this Agenda Item was then closed.
Deputy Mayor Gennell said, "I'll entertain a Motion to Adopt Item "A".
"MOTION TO ADOPT".
SECONDED.
MOTION BY COMMISSIONER MARTINEZ.
Deputy Mayor Gennell added, "Ordinance 756".
DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
B. Community Development Department - Planning Division
Requests The City Commission Hold A Second Reading Of Ordinance 758 To
Consider Adopting Three (3) Large Scale Comprehensive Plan Amendments, LG-
CP A-2-98, LG-CP A-3-98, LG-CP A-4-98) Dealing With Land Conservation And
Resource Protection.
Attorney Garganese read Ordinance 758 by "title only".
Mr. Grimms briefly spoke on this Agenda Item, and Deputy Mayor Gennell read the
"Purpose" of this Item.
Deputy Mayor Gennell opened the Public Input portion oj this Agenda Item.
There were no comments.
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The Public Input portion of this Agenda [tern was then closed.
Members of the Commission discussed Lake Jesup and the "Parkstone" development.
Commissioner Martinez asked the City Manager, (or his staff) if the Code has been
strengthened, as this was discussed several months ago. Mr. Ronald W. McLemore, City
Manager replied that "Those Ordinance changes are currently under development".
"DEPUTY MAYOR, I'D LIKE TO MAKE A MOTION TO ADOPT ORDINANCE
758, THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS 2-98, 3-98,
AND 4-98". MOTION BY COMMISSIONER BLAKE. SECONDED.
DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
ADD-ON
C. Office Of The Mayor
The City Attorney Is Requesting That The City Commission Consider The First
Reading Of Ordinance Number 2000-01, Which Staggers The Term Of Members Of
The Board Of Trustees - Pension Plan ("Board Of Trustees").
"MOTION TO READ BY 'TITLE ONLY"'. MOTION BY COMMISSIONER
BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Attorney Garganese read Ordinance 2000-01 by "title only",
Attorney Garganese briefly explained the staggering of terms, based on the request of the
City Commission, at the last meeting.
Deputy Mayor Gennell opened the Public Input portion of this Agenda Item.
There were no comments.
Deputy Mayor Gennell closed the Public Input portion of this Agenda Item.
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Commissioner Blake suggested adding "Some language that clarifies that the appointee
need not live in the respective district; that appointees should be residents of the City; and
that the reference to 'reasonable time' be defined, such as after three (3) Regular
Commission Meetings, if an appointment is not filled by the Commissioner, then it is an
'at-large' appointment".
Discussion ensued on "reasonable period of time".
"I'D MAKE A MOTION TO MOVE THIS TO SECOND READING WITH THE
THREE (3) CORRECTIONS - THE FIRST ONE BEING THAT THE
APPOINTMENTS ARE MADE AT LARGE BY EACH INDIVIDUAL
COMMISSIONER FOR EACH SEAT; SECOND, THAT THE APPOINTMENTS
MUST BE RESIDENTS OF THE CITY; AND THE THIRD, THAT
REASONABLE PERIOD OF TIME IS DEFINED AS THREE (3) REGULAR
COMMISSION MEETINGS". MOTION BY COMMISSIONER BLAKE.
SECONDED. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER MILLER: AYE
MOTION DID NOT CARRY.
"I'D LIKE TO POSE A MOTION TO ADOPT THE POINT 'A' AND 'B' THAT
COMMISSIONER BLAKE JUST RAISED, AND LEAVE ITEM 'c' AS IS".
MOTION BY COMMISSIONER MILLER.
DEPUTY MAYOR ADDED, "THE MOTION IS TO PASS ON TO SECOND
READING ORDINANCE 2000-01 WITH THE FIRST TWO (2) CHANGES
SUGGESTED BY COMMISSIONER BLAKE, AND LEAVING THE
REASONABLE TIME STIPULATION AS IT IS".
SECONDED BY MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MILLER: AYE
MOTION DID NOT CARRY.
Deputy Mayor Gennell said, "I'll entertain a Motion to postpone this until the following
meeting" .
"SO MOVED". MOTION BY COMMISSIONER MILLER. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSSION.
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VOTE:
COMMISSIONER BLAKE: NAY
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
MOTION DID NOT CARRY.
Deputy Mayor Gennell said, "I'm just going to move on then - it's a dead issue. We'll
leave it the way it was already written".
Brief discussion ensued regarding this Item; appointment terms; and advertising.
Commissioner Martinez asked Attorney Garganese if this could be added to the next
Commission Meeting Agenda. Manager McLemore stated, "At the next Commission
Meeting you could request it, and then it'll be brought back at the following one".
VI. REGULAR
A. Public Works Department
Providing Cost Estimates For The Relocation Of George Street To Accommodate
The Parking Needs For The Residents.
Mr. Kipton D. Lockcuff, P.E. Public WorkslUtility Department Director discussed with
the Commission various options; recommendations; and liability.
Tape I/Side B
Discussion ensued on the original suggestion from the Police Department; the proposed
options; parking concerns; what the recommendations of Staff are; and related costs.
The consensus of the Commission was to eliminate options one (1) and two (2).
Discussion followed regarding option three (3); materials used to stabilize the parking
area; and the size for such an area.
Deputy Mayor Gennellsaid, "Is it the desire of the Commission to have the City Manager.
come back with a cost estimate to put a very firm stabilization (i.e. asphalt) over there,
the normal parking width which is approximately ten (10) feet, and some hedges" - "to
define the parking area, and restrict parking then to that side of the road or in people's
driveway"? Discussion ensued on the actual size needed for parking, and members of the
Commission suggested that a cost estimate be brought back for both an area nine (9) and
ten (10) feet wide.
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B. Parks And Recreation Department
Wishes To Inform The Commission Of The "Wetlands Jurisdictional Line" On The
Police Station Property, Sketch Of Possible Sports Field Activities And
Recommendation Of Starmer-Ranaldi Planning And Architecture, Inc.
A map was shown of the area, and discussion ensued regarding a possible expansion; the
wetlands; mitigation; the size of the two (2) parcels on State Road 419; related costs;
possible alternatives; acquiring the Parker property; other possible alternatives; and
possibly holding a Workshop.
Commissioner David W. McLeod arrived at 7:58 p.m.
Deputy Mayor Gennell stated, "I would entertain a Motion to have the City Manager and
Staff investigate this more thoroughly, and bring back some more infornlation at a future
workshop. Do I have a Motion"?
COMMISSIONER MILLER SAID, "YES, I WOULD SUPPORT THAT MOTION
WITH THE PROVISO THAT HE COME BACK WITH SOME MITIGATION
COSTS". MOTION BY COMMISSIONER MILLER.
MOTION DIED FOR LACK OF A SECOND.
Further discussion continued regarding mitigation, and preserving the wetlands.
Deputy Mayor Gennell asked, "Is there a Motion for a Workshop on this piece of
property - to discuss it at greater length, with the City Manager and the Staff'.
"I WOULD SO MOVE". MOTION BY COMMISSIONER MARTINEZ.
SECONDED BY COMMISSIONER MILLER. DISCUSSION ENSUED
REGARDING WHAT COSTS HAVE ALREADY BEEN SPENT ON THIS PLAN;
A WORKSHOP; LAND AVAILABLE TO BE DEVELOPED; ACTIVITIES AT
AREA PARKS; AND POLICIES FOR THE PARKS.
DEPUTY MAYOR GENNELL CLARIFIED, "THE MOTION IS TO SCHEDULE
A WORKSHOP TO DISCUSS THE USE OF CITY LANDS, AND THE FUTURE
USE FOR PARK AND RECREATION AREAS".
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: NAY
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
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The Commission discussed possible dates for the Workshop, and the consensus of the
Commission was to hold a Workshop on March 20th, 2000.
C. Parks And Recreation Department
Requests The Commission Deny Safehouse Of Seminole's Request To Waive All
Fees For Soccer Field Use On Friday, Saturday, And Sunday, June 1-3, 2000, By
Safehouse Of Seminole County To Conduct A Fundraising Soccer Tournament.
Mr. Chuck Pula, Parks and Recreation Director introduced this Agenda Item, and spoke
of the use of Central Winds Park; soccer; and fundraising events.
Ms. Michele Hickey, Executive Director of Safehouse of Seminole: addressed the
proposed fundraising soccer tournament.
The Commission, Manager McLemore and Mr. Pula discussed use of the facilities by
other non-profit organizations; Safehouse of Seminole being a "charitable" organization;
rental of the fields; costs; maintenance; rental rates; were fees waived at a previous date
for the Rotary organization; policy decisions; and fee schedules.
"I WANT TO MAKE A MOTION TO APPROVE THIS REQUEST ON A ONE
TIME BASIS". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER McLEOD: NAY
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
Manager McLemore asked for direction for future requests. Attorney Qarganese
suggested that "If there is going to be this policy of the Commission to grant waivers to
these permit fees, I suggest that you put that in writing, and include that in your policy, so
that the next time somebody requests one, at least you have some set guidelines in which
to grant or deny".
Deputy Mayor Gennell then advised Attorney Garganese, "I suggest you draft something
and bring it back to the Commission, and they can fine tune it, or pass it, or turn it down".
Commissioner McLeod asked if Deputy Mayor Gennell was involved with the Safehouse
of Seminole organization. Deputy Mayor Gennell said, "No" - she is not involved with
the organization.
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Commissioner McLeod suggested either a Workshop or an Agenda Item regarding a
"policy", and to put this "in writing". Discussion.
Tape 2/Side A
Deputy Mayor Gennell called a recess at 8:40 p.m.
The meeting was called back to order at 8:55 p.m.
D. Parks And Recreation Department
Requests The City Commission To Award The Central Winds Park Concession
Operation To Fred's Franks At The Base Bid Or Alternate Bid Option, Whichever
The Commission Deems Most Appropriate.
Mr. Pula addressed the Commission regarding this Agenda Item.
Commissioner Blake returned to the Commission Chambers at 8:57 p.m.
Manager McLemore returned to the Commission Chambers at 8:57 p.m.
Discussion ensued on industry standards; profits; and prices.
Ms. Marsha Manara, 1118 Seafarer Lane, Winter Springs. Florida: spoke of pricing;
and their use of Boar's Head products.
The Commission discussed expenses; projected earnings; concession staffing; food
service; inventory problems; previous losses; industry standards; staffing; operations
management; differences in prices; quality of products; product comparisons; and
business operations.
COMMISSIONER BLAKE STATED, "I THINK THE RIGHT THING TO DO
HERE IS TO AWARD THEM THE CONTRACT AND TO DO IT, KEEP THE
PRICES THE SAME. WE'VE RUN ALL OF OUR OTHER OPERATIONS.AT A
REVENUE NEUTRAL BASIS, OR ATTEMPTED TO. THE CITY'S POSITION, I
THINK, IN THE PAST HAS BEEN NOT TO CHARGE PRICES TO ATTEMPT
TO MAKE MONEY OFF OF PEOPLE. ALL WE TRY TO DO IS TO BREAK
EVEN AND COVER OUR COSTS, AND I THINK THE BASE BID, A TEN
PERCENT (10%) RETURN TO THE CITY IS THE WAY TO GO".
COMMISSIONER BLAKE ADDED, "THAT'S THE MOTION I WOULD
MAKE". MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER McLEOD.
DISCUSSION ENSUED REGARDING PRESENT INVENTORY; AND
BACKGROUND CHECKS. COMMISSIONER McLEOD SUGGESTED THAT
AN IDENTIFICATION BADGE WITH A PICTURE AND NAME BE
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REQUIRED. FURTHER DISCUSSION INCLUDED USING UNIFORMS WITH
A NAME; PRODUCT QUALITY; THE SEVEN-YEAR OLD PRICE
STRUCTURE; A CONTRACT WITH "COCA-COLA" INVOLVING THE USE
OF (COCA-COLA) CUPS; A TEN PERCENT (10%) GAIN; BID PACKAGE
SPECIFICATIONS; THE BID PROCESS; AND COSTS OF BEVERAGES.
COMMISSIONER McLEOD STATED, "MY SUGGESTION HERE WOULD BE
THAT THE MOTION THEN BE CHANGED - THAT ALL OF THEIR ITEMS
BE HELD AT PRESENT COST, AND THAT THE SOFT DRINKS - A SIXTEEN
(16) OUNCE BE BROUGHT TO THE $1.50, AND THE TWELVE (12) OUNCE
TO A $1.25; AND GO FORWARD WITH YOUR CONTRACT".
COMMISSIONER BLAKE STATED, "I WOULD LIKE TO MAKE AN
AMENDED MOTION TO DIRECT THE CITY MANAGER TO SIT DOWN
WITH THE BIDDER AND TO WORK OUT THE DETAILS OF THE
AGREEMENT, THE GOAL BEING PRICES REMAINING AT A PARITY OF
WHERE THEY ARE NOW, WITH THE EXCEPTION OF THE COKE ISSUE,
AND WITH THE ALLOWANCE OF THEM BRINGING IN ADDITIONAL
PRODUCTS, AS LONG AS THEY MAINTAIN THE CORE BASIC MIX THAT
WE CURRENTL Y HAVE - WOULD BE MY AMENDMENT". MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION.
VOTE (ON THE AMENDMENT):
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
VOTE (ON THE MAIN MOTION):
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Deputy Mayor Gennell asked to see a copy of the "Coca-Cola" contract.
E. City Manager
Requesting That The City Commission Of The City Of Winter Springs Consider
Endorsing The Recent Recommendation Of City Of Oviedo Council Member, The
Honorable Thomas Hagood, Who Was Recently Renominated To The Seminole
County Expressway Authority (SCEA), By The Members Of The Council Of Local
Governments In Seminole County (CALNO).
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The Commission briefly discussed this appointment.
"I MAKE A MOTION TO APPROVE IT". MOTION BY COMMISSIONER
MARTINEZ.
MOTION DIED FOR LACK OF A SECOND.
F. City Manager
Is Asking That The City Commission Of The City Of Winter Springs Consider The
Request To Officially "Formalize" The Appointment Of Mr. Bob Lochrane To The
Citizens' Advisory Committee (CAC) Of The Metroplan Orlando Organization.
Deputy Mayor Gennell asked if anyone knew Mr. Lochrane, or could offer information
about his appointment.
"I'LL MAKE A MOTION TO OFFICIALLY APPOINT MR. LOCHRANE TO
THE CITIZENS' ADVISORY COMMITTEE (CAC)". MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
The City Clerk advised the Commission of Mr. Lochrane's background.
Tape 2/Side B
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
G. City Manager
Requesting That The City Commission Of The City Of Winter Springs Re"iew The
Attached Resolution Number 2000-01 Which Establishes A Written And Official
Public Records Policy For The City Of Winter Springs, In Accordance With Florida
Statutes.
Members of the Commission discussed compliance with Florida Statutes; extensive
requests for Public Records; and that the Policy should be available in the lobby at City
Hall.
"I'D LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION 2000-
01, RESOLUTION RELATING TO THE ESTABLISHMENT OF PUBLIC
RECORDS POLICY FOR THE CITY OF WINTER SPRINGS". MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
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VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
ADD-ON
H. City Manager
Requests The Commission To Approve Reinstatement Of 444 Hours Of Sick Leave
For Don LeBlanc Subject To One Year Extension Of Employment.
Manager McLemore briefly addressed this Agenda Item.
"I MAKE A MOTION WE APPROVE ITEM "H". MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD.
DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
The Commission briefly discussed Agenda Items on tonight's Agenda.
VII. REPORTS
A. City Attorney - Anthony Garganese, Esquire
Attorney Garganese spoke of the status of the Bond Validation Hearing, and that "The
Intervention was granted for Mr. Lein and Mr. Lenzeni to participate in the Bond
Validation Hearing".
Attorney Garganese then advised the Commission that two (2) petitions that were filed
(with respect to the last Comprehensive Plan Amendment for the 434 Corridor) have
been dismissed by the Department of Community Affairs (DCA).
B. City Manager - Ronald W. McLemore
Manager McLemore brought up the upcoming Florida Arbor Day Ceremony.
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Ms. Jimette Cook, Code Enforcement Inspector advised the Commission that this
ceremony will be held on Friday, January 21, 2000, at 10:00 a.m., at Central Winds Park.
(The actual location will be the first parking lot, after entering the park).
This will be a cooperative effort involving the Code Enforcement Department and the
Parks and Recreation Department.
Ms. Cook extended an invitation to the Commission and said that the public will be
invited. Planting demonstrations will be held dealing with irrigation, and proper planting
and pruning techniques.
C. City Clerk - Andrea Lorenzo-Luaces
No Report.
D. Commission Seat II - Michael S. Blake
No Report.
E. Commission Seat III - Edward Martinez, Jr.
COMMISSIONER MARTINEZ STATED, "I HAVE A PERSON THAT I WANT
TO NOMINATE THIS EVENING. HIS NAME IS VINCENT GIANONI".
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER McLEOD.
DISCUSSION REGARDING THE TERM OF APPOINTMENT.
COMMISSIONER MARTINEZ STATED, "I AM ENTITLED TO AN
APPOINTMENT AT THIS TIME, BECAUSE THE TERM FOR THE FORMER
MEMBER EXPIRING - HE RESIGNED, SO I AM NAMING THIS PERSON AS
HIS REPLACEMENT".
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
Commissioner Martinez asked about the letter that was to be written to the residents of
Winter Springs, and whether the City Manager could be directed to send the letter.
Discussion.
"I MAKE A MOTION THAT WE DIRECT THE MANAGER TO RESPOND TO
THIS LETTER, AS WE DIRECTED THEM TO - AT THE LAST COMMISSION
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MEETING". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION ON THE LETTER IN QUESTION;
THE MAYOR'S ABSENCE FROM THIS EVENING'S MEETING; AND WILL
THIS RESPONSE CONFLICT WITH THE BOND VALIDATION HEARING.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: NAY
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
Commissioner Martinez then addressed a letter from a resident at 1070 Talmo Street.
Commissioner Martinez gave the letter to Manager McLemore, and asked that a member
of Staff contact Gary Parker.
The Commission and Manager McLemore spoke of the Commission's previous direction;
and a $5,000.00 fine.
Manager McLemore said that he will call the resident; and he will also check on the
status of the $5,000.00 dollar fine, and to see whether the monies could be used to
possibly extend a brick wall or enhance this area.
Commissioner Martinez spoke of seven (7) letters he had received from residents,
regarding the Tuscawilla Lighting and Beautification Assessment District, and handed
them to Attorney Garganese, for documentation use with the referenced lawsuit.
Commissioner Martinez read one of the letters.
Commission Seat IV - Cindy Genoell
No report; however Deputy Mayor Gennell did thank members of the Commission for
their "indulgence" and assistance at tonight's meeting.
Commission Seat V - David W. McLeod
Commissioner McLeod apologized for his absence from the beginning of this meeting,
and then read a letter into the record (Attachment "A") regarding the Mikes lawsuit.
Commissioner McLeod asked Attorney Garganese if was aware of such a lawsuit, and
then asked whether the Commission also viewed this as a personal issue.
"I'D LIKE TO MAKE A MOTION THAT THE CITY MANAGER INFORM THE
LEAGUE OF CITIES THAT MR. PARTYKA HAS BEEN - HAS PRESENTED A
LAWSUIT TO MR. MIKES, AND THAT TI-IIS CITY COMMISSION DOES
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UNDERSTAND THAT IT IS A PERSONAL LAWSUIT, BETWEEN MR. MIKES
AND MR. PARTYKA, AND HAS NO WAY DOES IT INVOLVE THE CITY AND
THEREFORE THE COMMISSION IS INFORMING THEM THAT WE ARE
NOT WILLING TO SUPPORT FUNDING OF THAT LAW SUIT". MOTION BY
COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER.
DISCUSSION ENSUED ABOUT BEING CAUTIOUS UNTIL WE RECEIVE
MORE INFORMATION PERTAINING TO THIS LAWSUIT. ATTORNEY
GARGANESE STATED, "GIVE ME AN OPPORTUNITY TO REVIEW THE
LAWSUIT, AND DISCUSS IT WITH THE CITY MANAGER BEFORE YOU
TAKE SOME FORMAL ACTION".
COMMISSIONER MILLER AMENDED THE MOTION AND STATED, "THAT
THE ATTORNEY FORWARD THE LETTER AFTER HE'S SEEN THE SUIT
AND IT APPEARS TO HIM THAT IT IS A PERSONAL ISSUE BETWEEN THE
MAYOR AND MR. MIKES".
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
H. Commission Seat I - Robert S. Miller
No Report.
I. Office of the Mayor - Paul P. Partyka
Absent.
VIII. ADJOURNMENT
Deputy Mayor Gennell adjourned the meeting at 10:52 P.M.
Respectfully Submitted By: Andrea Lorenzo-Luaces
City Clerk
PAUL P. PARTYKA, MAYOR
NOTE: These minutes were approved at the January 24, 2000 City Commission Meeting.
ATTACHMENT "A"
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
January 6, 2000
TO: Mayor Paul Partyka
Commissioner Robert Miller
Commissioner Michael Blake
Commissioner Edward Martinez, Jr.
Deputy Mayor Cindy Gennell
City Manager Ronald McLemore
City Attorney Anthony Garganese, Esq
FROM: Commissioner David W. McLeod
SUBJECT: Legal Defense Expenditure
In my absence, I would like to have this memorandum read into the record on my
behalf by the Mayor, or by the Deputy Mayor should the Mayor not wish to do so.
I understand that Mr. Mikes has filed a law suit against Mr. Partyka. This lawsuit
is personal in nature, and is in no way related to Mr. Partyka's responsibilities in can;i.ng
out city business.
Therefore, as I have stated before, I do not believe that any legal expenses
encountered by Mr. Partyka should be funded by the citizens of Winter Springs, Florida
or the League of City's Insurance. I further believe that this Commission should take a
stand at this time, and direct the City Manager to inform the League of City's that this
commission does not condone a legal defense expenditure for Mr. Partyka on this matter.