Florida Senate - 2016 SB 390
By Senator Simpson
18-00211A-16 2016390__
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 must assess reasonable costs of
19 enforcement against a contractor; specifying
20 applicable law for determining the reasonable costs of
21 enforcement assessed against a public agency;
22 requiring a public agency to amend a contract for
23 services by a time certain to comply with the act;
24 providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 119.0701, Florida Statutes, is amended
29 to read:
30 119.0701 Contracts; public records.—
31 (1) DEFINITIONS.—For purposes of this section, the term:
32 (a) “Contractor” means an individual, partnership,
33 corporation, or business entity that enters into a contract for
34 services with a public agency and is acting on behalf of the
35 public agency as provided under s. 119.011(2).
36 (b) “Public agency” means a state, county, district,
37 authority, or municipal officer, or department, division, board,
38 bureau, commission, or other separate unit of government created
39 or established by law.
40 (2) CONTRACT REQUIREMENTS.—In addition to other contract
41 requirements provided by law, each public agency contract for
42 services must include:
43 (a) The following statement, in substantially the following
44 form, identifying the contact information of the public agency’s
45 custodian of public records in at least 14-point boldfaced type:
46
47 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
48 SECTION 119.0701, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO
49 PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
50 ...(custodian of public records)... AT ...(telephone number, e
51 mail address, and mailing address)....
52
53 (b) A provision that requires the contractor to comply with
54 public records laws, specifically to:
55 1.(a) Keep and maintain public records that ordinarily and
56 necessarily would be required by the public agency in order to
57 perform the service.
58 2.(b) Upon request from the public agency’s custodian of
59 public records, provide the public agency with a copy of the
60 requested records or allow the access to public records to be
61 inspected or copied within a reasonable time on the same terms
62 and conditions that the public agency would provide the records
63 and at a cost that does not exceed the cost provided in this
64 chapter or as otherwise provided by law.
65 3.(c) Ensure that public records that are exempt or
66 confidential and exempt from public records disclosure
67 requirements are not disclosed except as authorized by law for
68 the duration of the contract term and following completion of
69 the contract if the contractor does not transfer the records to
70 the public agency.
71 4.(d) Upon completion of the contract, Meet all
72 requirements for retaining public records and transfer, at no
73 cost, to the public agency all public records in possession of
74 the contractor or keep and maintain public records required by
75 the public agency to perform the service. If the contractor
76 transfers all public records to the public agency upon
77 completion of the contract, the contractor shall upon
78 termination of the contract and destroy any duplicate public
79 records that are exempt or confidential and exempt from public
80 records disclosure requirements. If the contractor keeps and
81 maintains public records upon completion of the contract, the
82 contractor shall meet all applicable requirements for retaining
83 public records and provide requested records to a public agency
84 pursuant to the requirements of this section. All records stored
85 electronically must be provided to the public agency, upon
86 request from the public agency’s custodian of public records, in
87 a format that is compatible with the information technology
88 systems of the public agency.
89 (3) REQUEST FOR RECORDS; NONCOMPLIANCE.—
90 (a) A request to inspect or copy public records relating to
91 a public agency’s contract for services must be made directly to
92 the public agency. If the public agency does not possess the
93 requested records, the public agency shall immediately notify
94 the contractor of the request, and the contractor must provide
95 the records to the public agency or allow the records to be
96 inspected or copied within a reasonable time.
97 (b) If a contractor does not comply with the public
98 agency’s a public records request for records, the public agency
99 shall enforce the contract provisions in accordance with the
100 contract.
101 (c) A contractor who fails to provide the public records to
102 the public agency within a reasonable time may be subject to
103 penalties under s. 119.10.
104 (4) CIVIL ACTION.—
105 (a) If a civil action is filed to compel production of
106 public records relating to the public agency’s contract for
107 services, the court shall assess and award against the
108 contractor the reasonable costs of enforcement, including
109 reasonable attorney fees, if the party filing the action
110 provides written notice of the public records request, including
111 a statement that the contractor has not complied with the
112 request. The notice must be sent by common carrier delivery
113 service or by registered, Global Express Guaranteed, or
114 certified mail, with postage or shipping paid by the sender and
115 with evidence of delivery, which may be in an electronic format.
116 The notice must be sent by the plaintiff at least 8 business
117 days before the plaintiff files the civil action.
118 (b) An award of the reasonable costs of enforcement against
119 a public agency must be in accordance with s. 119.12.
120 Section 2. A public agency has until October 1, 2016, to
121 amend a public agency contract for services, if needed, in order
122 to comply with the amendment made by this act to section
123 119.0701, Florida Statutes.
124 Section 3. This act shall take effect upon becoming a law.