Florida Senate - 2024                                     SB 290
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00225-24                                             2024290__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0701, F.S.; defining the term “service provider”;
    4         requiring that certain public agency contracts include
    5         a requirement that service providers comply with
    6         public records laws; requiring a public agency, upon
    7         request to inspect or copy public records, to
    8         immediately notify the service provider of the
    9         request; requiring the service provider to provide or
   10         make available the public records; requiring the
   11         public agency to enforce the contract if a service
   12         provider does not provide or make available public
   13         records; providing criminal and civil penalties for
   14         failure of a service provider to provide public
   15         records; providing civil penalties; conforming
   16         provisions to changes made by the act; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 119.0701, Florida Statutes, is amended
   22  to read:
   23         119.0701 Contracts; public records; request for contractor
   24  and service provider records; civil action.—
   25         (1) DEFINITIONS.—For purposes of this section, the term:
   26         (a) “Contractor” means an individual, partnership,
   27  corporation, or business entity that enters into a contract for
   28  services with a public agency and is acting on behalf of the
   29  public agency as provided under s. 119.011(2).
   30         (b) “Public agency” means a state, county, district,
   31  authority, or municipal officer, or department, division, board,
   32  bureau, commission, or other separate unit of government created
   33  or established by law.
   34         (c)“Service provider” means an individual, a partnership,
   35  a corporation, or a business entity that enters into a contract
   36  for services with a public agency and is not acting on behalf of
   37  the public agency.
   38         (2) CONTRACT REQUIREMENTS.—In addition to other contract
   39  requirements provided by law, each public agency contract for
   40  services entered into or amended on or after July 1, 2024 2016,
   41  must include:
   42         (a) The following statement, in substantially the following
   43  form, identifying the contact information of the public agency’s
   44  custodian of public records in at least 14-point boldfaced type:
   45  
   46  IF THE CONTRACTOR OR SERVICE PROVIDER HAS QUESTIONS REGARDING
   47  THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
   48  CONTRACTOR’S OR SERVICE PROVIDER’S DUTY TO PROVIDE PUBLIC
   49  RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
   50  PUBLIC RECORDS AT ...(telephone number, e-mail address, and
   51  mailing address)....
   52  
   53         (b) A provision that requires the contractor or the service
   54  provider to comply with public records laws, specifically to:
   55         1. Keep and maintain public records required by the public
   56  agency to perform the service.
   57         2. Upon request from the public agency’s custodian of
   58  public records, provide the public agency with a copy of the
   59  requested public records or allow the public records to be
   60  inspected or copied within a reasonable time at a cost that does
   61  not exceed the cost provided in this chapter or as otherwise
   62  provided by law.
   63         3. Ensure that public records that are exempt or
   64  confidential and exempt from public records disclosure
   65  requirements are not disclosed except as authorized by law for
   66  the duration of the contract term and following completion of
   67  the contract if the contractor does not transfer the records are
   68  not transferred to the public agency.
   69         4. Upon completion of the contract, transfer, at no cost,
   70  to the public agency all public records in possession of the
   71  contractor or service provider or keep and maintain public
   72  records required by the public agency to perform the service. If
   73  the contractor or service provider transfers all public records
   74  to the public agency upon completion of the contract, the
   75  contractor or service provider must shall destroy any duplicate
   76  public records that are exempt or confidential and exempt from
   77  public records disclosure requirements. If the contractor or
   78  service provider keeps and maintains public records upon
   79  completion of the contract, the contractor or service provider
   80  must shall meet all applicable requirements for retaining public
   81  records pursuant to s. 119.021. All public records stored
   82  electronically must be provided to the public agency, upon
   83  request from the public agency’s custodian of public records, in
   84  a format that is compatible with the information technology
   85  systems of the public agency.
   86         (3) REQUEST FOR RECORDS; NONCOMPLIANCE.—
   87         (a) A request to inspect or copy public records relating to
   88  a public agency’s contract for services must be made directly to
   89  the public agency. If the public agency does not possess the
   90  requested records, the public agency must shall immediately
   91  notify the contractor or service provider of the request, and
   92  the contractor or service provider must provide the records to
   93  the public agency or allow the records to be inspected or copied
   94  within a reasonable time.
   95         (b) If a contractor or service provider does not comply
   96  with the public agency’s request for records, the public agency
   97  must shall enforce the contract provisions in accordance with
   98  the contract.
   99         (c) A contractor or service provider that who fails to
  100  provide the public records to the public agency within a
  101  reasonable time may be subject to penalties under s. 119.10.
  102         (4) CIVIL ACTION.—
  103         (a) If a civil action is filed against a contractor or
  104  service provider to compel production of public records relating
  105  to a public agency’s contract for services, the court shall
  106  assess and award against the contractor or service provider the
  107  reasonable costs of enforcement, including reasonable attorney
  108  fees, if:
  109         1. The court determines that the contractor or service
  110  provider unlawfully refused to comply with the public records
  111  request within a reasonable time; and
  112         2. At least 8 business days before filing the action, the
  113  plaintiff provided written notice of the public records request,
  114  including a statement that the contractor or service provider
  115  has not complied with the request, to the public agency and to
  116  the contractor or service provider.
  117         (b) A notice complies with subparagraph (a)2. if it is sent
  118  to the public agency’s custodian of public records and to the
  119  contractor or service provider at the contractor’s or service
  120  provider’s address listed on its contract with the public agency
  121  or to the contractor’s or service provider’s registered agent.
  122  Such notices must be sent by common carrier delivery service or
  123  by registered, Global Express Guaranteed, or certified mail,
  124  with postage or shipping paid by the sender and with evidence of
  125  delivery, which may be in an electronic format.
  126         (c) A contractor or service provider that who complies with
  127  a public records request within 8 business days after the notice
  128  is sent is not liable for the reasonable costs of enforcement.
  129         Section 2. This act shall take effect July 1, 2024.