Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 224
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2015           .                                

       The Committee on Judiciary (Simpson) recommended the following:
    1         Senate Amendment (with title amendment)
    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:
   27  ...(custodian of public records)... AT ...(telephone number, e
   28  mail address, and mailing address)....
   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.
   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.
   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.