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Under Florida Statutes 119,
the public (media, community members) is
given access to government records. It is important to the School
District of Lee County that our stakeholders understand their rights to
obtain public records.
According to F.S.119 a public record is
defined as the following:
"Public Records" include all documents, papers,
letter, map, 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.
You may also review the statute in its
entirety at the following link:
Florida Statute 119.
To view exemptions to the statute set by the Florida Legislature you may follow these links:
F.S. 119.07 &
F.S. 119.071.
Requests
for Public Records do not need to be in
writing, nor do they need to be made in
person.) According
to FS119.07(b):
"If the nature or volume of public records requested to
be inspected, examined, or copied pursuant to this subsection is such as
to require extensive use of information technology resources or extensive
clerical or supervisory assistance by personnel of the agency involved,
or both, the agency may charge, in addition to the actual cost of
duplication, a special service charge, which shall be reasonable and
shall be based on the cost incurred for such extensive use of information
technology resources or the labor cost of the personnel providing the
service that is actually incurred by the agency or attributable to the
agency for the clerical and supervisory assistance required, or both."
To provide the record(s) in question,
there may be a cost involved. Per Florida
Statutes and School Board policy, the cost is $.15 per page, one-sided; $.20 per page,
two-sided for hard copies of reports or
other documents. While that may sound like a small amount to charge, some
reports can be hundreds of pages long, which will, of course, will result
in a substantial charge.
In addition, if the time required to produce the
Public Records will take longer than one (1) hour, the District charges for
the staff time to do the work (the hourly rate of the person[s] doing the work.)
Also, if the documents are to be reviewed,
the review must be done under the
supervision of District staff. If this
review will take longer than one (1) hour,
again, per Florida Statutes, the cost will be the hourly rate of the
staff member supervising the review. Again,
depending on the type of request made, this charge can be substantial.
One thing to remember about a public
record is that it has to exist in order to be provided. That may sound
simple, but many times individuals request information they think the
District maintains, when in fact, we dont. This can lead to the
misconception that we are not providing information, which is not the
case at all we must have it in order to provide it. Any information we
have will be made available and you have the right to inspect it and
have copies made if you so choose.
Lee County
Public Schools has never, nor will
the District ever,
refuse to provide information that is public.
"Under Florida law, E-mail addresses are
public record. If you do not want your E-mail address released in
response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by phone or in writing." - Senate Bill 80, Electronic Mail |