Florida Senate - 2016                              CS for SB 390
       By the Committee on Judiciary; and Senator Simpson
       590-01780-16                                           2016390c1
    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; providing penalties;
   16         specifying circumstances under which a court must
   17         assess the reasonable costs of enforcement against a
   18         contractor; specifying what constitutes sufficient
   19         notice; providing that a contractor who takes certain
   20         action is not liable for the reasonable costs of
   21         enforcement; specifying applicable law for determining
   22         the reasonable costs of enforcement assessed against a
   23         public agency; requiring a public agency to amend a
   24         contract for services by a time certain to comply with
   25         the act; providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Section 119.0701, Florida Statutes, is amended
   30  to read:
   31         119.0701 Contracts; public records.—
   32         (1) DEFINITIONS.—For purposes of this section, the term:
   33         (a) “Contractor” means an individual, partnership,
   34  corporation, or business entity that enters into a contract for
   35  services with a public agency and is acting on behalf of the
   36  public agency as provided under s. 119.011(2).
   37         (b) “Public agency” means a state, county, district,
   38  authority, or municipal officer, or department, division, board,
   39  bureau, commission, or other separate unit of government created
   40  or established by law.
   41         (2) CONTRACT REQUIREMENTS.—In addition to other contract
   42  requirements provided by law, each public agency contract for
   43  services must include:
   44         (a) The following statement, in substantially the following
   45  form, identifying the contact information of the public agency’s
   46  custodian of public records in at least 14-point boldfaced type:
   51  ...(custodian of public records)... AT ...(telephone number, e
   52  mail address, and mailing address)....
   54         (b) A provision that requires the contractor to comply with
   55  public records laws, specifically to:
   56         1.(a) Keep and maintain public records that ordinarily and
   57  necessarily would be required by the public agency in order to
   58  perform the service.
   59         2.(b)Upon request from the public agency’s custodian of
   60  public records, provide the public agency with a copy of the
   61  requested records or allow the access to public records to be
   62  inspected or copied within a reasonable time on the same terms
   63  and conditions that the public agency would provide the records
   64  and at a cost that does not exceed the cost provided in this
   65  chapter or as otherwise provided by law.
   66         3.(c) Ensure that public records that are exempt or
   67  confidential and exempt from public records disclosure
   68  requirements are not disclosed except as authorized by law for
   69  the duration of the contract term and following completion of
   70  the contract if the contractor does not transfer the records to
   71  the public agency.
   72         4.(d)Upon completion of the contract, Meet all
   73  requirements for retaining public records and transfer, at no
   74  cost, to the public agency all public records in possession of
   75  the contractor or keep and maintain public records required by
   76  the public agency to perform the service. If the contractor
   77  transfers all public records to the public agency upon
   78  completion of the contract, the contractor shall upon
   79  termination of the contract and destroy any duplicate public
   80  records that are exempt or confidential and exempt from public
   81  records disclosure requirements. If the contractor keeps and
   82  maintains public records upon completion of the contract, the
   83  contractor shall meet all applicable requirements for retaining
   84  public records and provide requested records to a public agency
   85  pursuant to the requirements of this section. All records stored
   86  electronically must be provided to the public agency, upon
   87  request from the public agency’s custodian of public records, in
   88  a format that is compatible with the information technology
   89  systems of the public agency.
   91         (a)A request to inspect or copy public records relating to
   92  a public agency’s contract for services must be made directly to
   93  the public agency. If the public agency does not possess the
   94  requested records, the public agency shall immediately notify
   95  the contractor of the request, and the contractor must provide
   96  the records to the public agency or allow the records to be
   97  inspected or copied within a reasonable time.
   98         (b) If a contractor does not comply with the public
   99  agency’s a public records request for records, the public agency
  100  shall enforce the contract provisions in accordance with the
  101  contract.
  102         (c) A contractor who fails to provide the public records to
  103  the public agency within a reasonable time commits a noncriminal
  104  infraction, punishable by a fine not to exceed $500. A
  105  contractor who willfully and knowingly fails to provide the
  106  public records to the public agency within a reasonable time
  107  commits a misdemeanor of the first degree, punishable as
  108  provided in s. 775.082 or s. 775.083.
  109         (4) CIVIL ACTION.—
  110         (a) If a civil action is filed to compel production of
  111  public records relating to the public agency’s contract for
  112  services, the court shall assess and award against the
  113  contractor the reasonable costs of enforcement, including
  114  reasonable attorney fees, if:
  115         1. The court determines that a contractor unlawfully
  116  refused to comply with the public records request within a
  117  reasonable time; and
  118         2. At least 8 business days before filing the action, the
  119  plaintiff provided written notice of the public records request,
  120  including a statement that the contractor has not complied with
  121  the request, to the public agency and to the contractor.
  122         (b) A notice complies with subparagraph (a)2. if it is sent
  123  to the public agency’s records custodian and to the contractor
  124  at the contractor’s address listed on its contract with the
  125  public agency or to the contractor’s registered agent. Such
  126  notices must also be sent by common carrier delivery service or
  127  by registered, Global Express Guaranteed, or certified mail,
  128  with postage or shipping paid by the sender and with evidence of
  129  delivery, which may be in an electronic format.
  130         (c) A contractor who complies with a public records request
  131  within 8 business days after the notice is sent is not liable
  132  for the reasonable costs of enforcement.
  133         (d) An award of the reasonable costs of enforcement against
  134  a public agency must be in accordance with s. 119.12.
  135         Section 2. A public agency has until October 1, 2016, to
  136  amend a public agency contract for services, if needed, in order
  137  to comply with the amendment made by this act to section
  138  119.0701, Florida Statutes.
  139         Section 3. This act shall take effect upon becoming a law.