Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 224
Ì474230qÎ474230
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/12/2015 .
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The Committee on Judiciary (Simpson) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 119.0701, Florida Statutes, is amended
6 to read:
7 119.0701 Contracts; public records.—
8 (1) DEFINITIONS.—For purposes of this section, the term:
9 (a) “Contractor” means an individual, partnership,
10 corporation, or business entity that enters into a contract for
11 services with a public agency and is acting on behalf of the
12 public agency as provided under s. 119.011(2).
13 (b) “Public agency” means a state, county, district,
14 authority, or municipal officer, or department, division, board,
15 bureau, commission, or other separate unit of government created
16 or established by law.
17 (2) CONTRACT REQUIREMENTS.—In addition to other contract
18 requirements provided by law, each public agency contract for
19 services must include:
20 (a) The following statement, in substantially the following
21 form, identifying the contact information of the public agency’s
22 custodian of public records in at least 14-point boldfaced type:
23
24 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
25 SECTION 119.0701, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO
26 PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
27 ...(custodian of public records)... AT ...(telephone number, e
28 mail address, and mailing address)....
29
30 (b) A provision that requires the contractor to comply with
31 public records laws, specifically to:
32 1.(a) Keep and maintain public records that ordinarily and
33 necessarily would be required by the public agency in order to
34 perform the service.
35 2.(b) Upon request from the public agency’s custodian of
36 public records, provide the public agency with a copy of the
37 requested records or allow the access to public records to be
38 inspected or copied within a reasonable time on the same terms
39 and conditions that the public agency would provide the records
40 and at a cost that does not exceed the cost provided in this
41 chapter or as otherwise provided by law.
42 3.(c) Ensure that public records that are exempt or
43 confidential and exempt from public records disclosure
44 requirements are not disclosed except as authorized by law for
45 the duration of the contract term and following completion of
46 the contract if the contractor does not transfer the records to
47 the public agency.
48 4.(d) Upon completion of the contract, Meet all
49 requirements for retaining public records and transfer, at no
50 cost, to the public agency all public records in possession of
51 the contractor or keep and maintain public records required by
52 the public agency to perform the service. If the contractor
53 transfers all public records to the public agency upon
54 completion of the contract, the contractor shall upon
55 termination of the contract and destroy any duplicate public
56 records that are exempt or confidential and exempt from public
57 records disclosure requirements. If the contractor keeps and
58 maintains public records upon completion of the contract, the
59 contractor shall meet all applicable requirements for retaining
60 public records and provide requested records to a public agency
61 pursuant to the requirements of this section. All records stored
62 electronically must be provided to the public agency, upon
63 request from the public agency’s custodian of public records, in
64 a format that is compatible with the information technology
65 systems of the public agency.
66 (3) REQUEST FOR RECORDS; NONCOMPLIANCE.—
67 (a) A request to inspect or copy public records relating to
68 a public agency’s contract for services must be made directly to
69 the public agency. If the public agency does not possess the
70 requested records, the public agency shall immediately notify
71 the contractor of the request, and the contractor must provide
72 the records to the public agency or allow the records to be
73 inspected or copied within a reasonable time.
74 (b) If a contractor does not comply with the public
75 agency’s a public records request for records, the public agency
76 shall enforce the contract provisions in accordance with the
77 contract.
78 (c) A contractor who fails to provide the public records to
79 the public agency within a reasonable time may be subject to
80 penalties under s. 119.10.
81 (4) CIVIL ACTION.—If a civil action is filed to compel
82 production of public records relating to the public agency’s
83 contract for services, the court may assess and award against
84 the responsible public agency or contractor the reasonable costs
85 of enforcement, including reasonable attorney fees, if the party
86 filing the action provides written notice of the public records
87 request, including a statement that the public agency has not
88 complied with the request. This notice must be sent by certified
89 mail to the public agency’s custodian of public records or
90 general counsel at least 5 business days before filing the
91 action, and must be provided to the contractor if the contractor
92 is a named party in the action.
93 Section 2. This act shall take effect upon becoming a law.
94
95 ================= T I T L E A M E N D M E N T ================
96 And the title is amended as follows:
97 Delete everything before the enacting clause
98 and insert:
99 A bill to be entitled
100 An act relating to public records; amending s.
101 119.0701, F.S.; requiring that a public agency
102 contract for services include a statement providing
103 the contact information of the public agency’s
104 custodian of records; prescribing the form of the
105 statement; revising required provisions in a public
106 agency contract for services regarding a contractor’s
107 compliance with public records laws; requiring that a
108 public records request relating to records for a
109 public agency’s contract for services be made directly
110 to the public agency; requiring a contractor to
111 provide requested records to the public agency or
112 allow inspection or copying of requested records under
113 specified circumstances; specifying applicable
114 penalties for a contractor who fails to provide
115 requested records; specifying circumstances under
116 which a court may assess and award reasonable costs of
117 enforcement against a public agency or contractor;
118 providing an effective date.