Florida Senate - 2015                       CS for CS for SB 224
       By the Committees on Judiciary; and Governmental Oversight and
       Accountability; and Senators Simpson, Margolis, Gibson, Hays,
       Latvala, and Lee
       590-02149-15                                           2015224c2
    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 contact information of the public agency’s
    6         custodian of records; prescribing the form of the
    7         statement; revising required provisions in a public
    8         agency contract for services regarding a contractor’s
    9         compliance with public records laws; requiring that a
   10         public records request relating to records for a
   11         public agency’s contract for services be made directly
   12         to the public agency; requiring a contractor to
   13         provide requested records to the public agency or
   14         allow inspection or copying of requested records under
   15         specified circumstances; specifying applicable
   16         penalties for a contractor who fails to provide
   17         requested records; specifying circumstances under
   18         which a court may assess and award reasonable costs of
   19         enforcement against a public agency or contractor;
   20         providing an effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 119.0701, Florida Statutes, is amended
   25  to read:
   26         119.0701 Contracts; public records.—
   27         (1) DEFINITIONS.—For purposes of this section, the term:
   28         (a) “Contractor” means an individual, partnership,
   29  corporation, or business entity that enters into a contract for
   30  services with a public agency and is acting on behalf of the
   31  public agency as provided under s. 119.011(2).
   32         (b) “Public agency” means a state, county, district,
   33  authority, or municipal officer, or department, division, board,
   34  bureau, commission, or other separate unit of government created
   35  or established by law.
   36         (2) CONTRACT REQUIREMENTS.—In addition to other contract
   37  requirements provided by law, each public agency contract for
   38  services must include:
   39         (a) The following statement, in substantially the following
   40  form, identifying the contact information of the public agency’s
   41  custodian of public records in at least 14-point boldfaced type:
   46  ...(custodian of public records)... AT ...(telephone number, e
   47  mail address, and mailing address)....
   49         (b) A provision that requires the contractor to comply with
   50  public records laws, specifically to:
   51         1.(a) Keep and maintain public records that ordinarily and
   52  necessarily would be required by the public agency in order to
   53  perform the service.
   54         2.(b)Upon request from the public agency’s custodian of
   55  public records, provide the public agency with a copy of the
   56  requested records or allow the access to public records to be
   57  inspected or copied within a reasonable time on the same terms
   58  and conditions that the public agency would provide the records
   59  and at a cost that does not exceed the cost provided in this
   60  chapter or as otherwise provided by law.
   61         3.(c) Ensure that public records that are exempt or
   62  confidential and exempt from public records disclosure
   63  requirements are not disclosed except as authorized by law for
   64  the duration of the contract term and following completion of
   65  the contract if the contractor does not transfer the records to
   66  the public agency.
   67         4.(d)Upon completion of the contract, Meet all
   68  requirements for retaining public records and transfer, at no
   69  cost, to the public agency all public records in possession of
   70  the contractor or keep and maintain public records required by
   71  the public agency to perform the service. If the contractor
   72  transfers all public records to the public agency upon
   73  completion of the contract, the contractor shall upon
   74  termination of the contract and destroy any duplicate public
   75  records that are exempt or confidential and exempt from public
   76  records disclosure requirements. If the contractor keeps and
   77  maintains public records upon completion of the contract, the
   78  contractor shall meet all applicable requirements for retaining
   79  public records and provide requested records to a public agency
   80  pursuant to the requirements of this section. All records stored
   81  electronically must be provided to the public agency, upon
   82  request from the public agency’s custodian of public records, in
   83  a format that is compatible with the information technology
   84  systems of the public agency.
   86         (a)A request to inspect or copy public records relating to
   87  a public agency’s contract for services must be made directly to
   88  the public agency. If the public agency does not possess the
   89  requested records, the public agency shall immediately notify
   90  the contractor of the request, and the contractor must provide
   91  the records to the public agency or allow the records to be
   92  inspected or copied within a reasonable time.
   93         (b) If a contractor does not comply with the public
   94  agency’s a public records request for records, the public agency
   95  shall enforce the contract provisions in accordance with the
   96  contract.
   97         (c) A contractor who fails to provide the public records to
   98  the public agency within a reasonable time may be subject to
   99  penalties under s. 119.10.
  100         (4) CIVIL ACTION.—If a civil action is filed to compel
  101  production of public records relating to the public agency’s
  102  contract for services, the court may assess and award against
  103  the responsible public agency or contractor the reasonable costs
  104  of enforcement, including reasonable attorney fees, if the party
  105  filing the action provides written notice of the public records
  106  request, including a statement that the public agency has not
  107  complied with the request. This notice must be sent by certified
  108  mail to the public agency’s custodian of public records at least
  109  5 business days before filing the action, and must be provided
  110  to the contractor if the contractor is a named party in the
  111  action.
  112         Section 2. This act shall take effect upon becoming a law.