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.
   26  Be It Enacted by the Legislature of the State of Florida:
   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:
   50  ...(custodian of public records)... AT ...(telephone number, e
   51  mail address, and mailing address)....
   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.
   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.