Florida Senate - 2015                              CS for SB 224
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senators Simpson, Margolis, Gibson, and Hays
       
       
       
       
       585-01484-15                                           2015224c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0701, F.S.; requiring that a public agency
    4         contract for services include a statement providing
    5         the name and contact information of the public
    6         agency’s custodian of records; prescribing the form of
    7         the statement; revising required provisions in a
    8         public agency contract for services regarding a
    9         contractor’s compliance with public records laws;
   10         requiring that a public records request relating to
   11         records for a public agency’s contract for services be
   12         made directly to the agency; requiring a contractor to
   13         produce requested records under specified
   14         circumstances; specifying applicable penalties for a
   15         contractor who fails to produce requested records;
   16         specifying circumstances under which a court may
   17         assess and award reasonable costs of enforcement
   18         against a public agency or contractor; providing an
   19         effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 119.0701, Florida Statutes, is amended
   24  to read:
   25         119.0701 Contracts; public records.—
   26         (1) For purposes of this section, the term:
   27         (a) “Contractor” means an individual, partnership,
   28  corporation, or business entity that enters into a contract for
   29  services with a public agency and is acting on behalf of the
   30  public agency as provided under s. 119.011(2).
   31         (b) “Public agency” means a state, county, district,
   32  authority, or municipal officer, or department, division, board,
   33  bureau, commission, or other separate unit of government created
   34  or established by law.
   35         (2) In addition to other contract requirements provided by
   36  law, each public agency contract for services must include:
   37         (a) The following statement, in substantially the following
   38  form, identifying the name and contact information of the public
   39  agency’s custodian of public records in at least 14-point,
   40  boldface type:
   41  
   42  THE REQUIREMENTS OF SECTION 119.0701, FLORIDA STATUTES, APPLY TO
   43  THIS CONTRACT UNLESS ...(name of public agency)... HAS
   44  DETERMINED AND EXPRESSLY STATED IN THIS CONTRACT THAT ...(name
   45  of individual, partnership, corporation, or business entity)...
   46  IS NOT A CONTRACTOR. IF YOU HAVE QUESTIONS REGARDING THE
   47  APPLICATION OF SECTION 119.0701, FLORIDA STATUTES, TO YOUR DUTY
   48  TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
   49  ...(name of custodian of public records)... AT ...(telephone
   50  number, e-mail address, and mailing address)....
   51  
   52         (b) A provision that requires the contractor to comply with
   53  public records laws, specifically to:
   54         1.(a) Keep and maintain public records that ordinarily and
   55  necessarily would be required by the public agency in order to
   56  perform the service.
   57         2.(b)Upon request from the public agency’s custodian of
   58  public records, provide the public with access to public records
   59  on the same terms and conditions that the public agency would
   60  provide the records and at a cost that does not exceed the cost
   61  provided in this chapter or as otherwise provided by law.
   62         3.(c) Ensure that public records that are exempt or
   63  confidential and exempt from public records disclosure
   64  requirements are not disclosed except as authorized by law.
   65         4.(d)Keep and maintain public records, upon completion of
   66  the contract, which ordinarily would be required by the public
   67  agency in order to perform the service, or Meet all requirements
   68  for retaining public records and transfer, at no cost, to the
   69  public agency all public records in possession of the contractor
   70  upon termination of the contract and destroy any duplicate
   71  public records that are exempt or confidential and exempt from
   72  public records disclosure requirements. Upon request from the
   73  public agency’s custodian of public records, all records stored
   74  electronically must be provided to the public agency in a format
   75  that is compatible with the information technology systems of
   76  the public agency.
   77         (3) A records request for public records relating to a
   78  public agency’s contract for services must be made directly to
   79  the public agency. If the public agency does not possess the
   80  requested records, the public agency shall immediately notify
   81  the contractor of the request, and the contractor must produce
   82  the records within a reasonable time. A contractor who fails to
   83  produce the records within a reasonable time is subject to
   84  penalties under s. 119.10.
   85         (4)(3) If a contractor does not comply with a public
   86  records request, the public agency shall enforce the contract
   87  provisions in accordance with the contract.
   88         (5) If a civil action is filed against a public agency or a
   89  contractor who continues to possess public records to compel
   90  production of such records relating to the public agency’s
   91  contract for services, the court shall assess and award against
   92  the responsible public agency or contractor the reasonable costs
   93  of enforcement, including reasonable attorney fees, if the party
   94  filing the action provided written notice of the public records
   95  request, including a statement that the contractor has not
   96  complied with the request. This notice must be sent by certified
   97  mail to the public agency’s custodian of public records at least
   98  3 business days before filing the action, and must be provided
   99  to the contractor if the contractor is a named party in the
  100  action.
  101         Section 2. This act shall take effect upon becoming a law.