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Thursday, May 14, 2009

Public Records Requests: Comparing City of Hallandale Beach and FDLE

It explains a lot.
Just don't ask them why they seem to take so long processing
requests from citizens who are being fined by the city for
violations, and want copies of city documents to prove their
innocence or the city's inaccuracy or culpability.

My emphasis in italicized red

FDLE, Florida Department of Law Enforcement

Is there a cost to obtain records?
There are costs to public records requests. FDLE does not waive costs for indigent requestors. Pursuant to Section 119.07(1)(a), Florida Statutes, FDLE may impose the following fees:
•Duplicated copies - 15 cents per one-sided copy
•All other copies - Actual cost of duplication of the record (cost of materials and supplies used to duplicate the record, not including labor cost or overhead cost associated with such duplication)
•Certification of a copied record - $1.00 per certified record

Can additional costs be assessed regarding a public records request?
Yes. Pursuant to Section 119.07(1)(b), Florida Statutes, if the nature or volume of the public records requested to be inspected, examined, or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of FDLE, or both, a charge in addition to the actual cost of duplication will be assessed. Regarding labor costs, FDLE currently assesses a charge for personnel time at the hourly salary rate of personnel involved when clerical and/or supervisory assistance necessary to respond to a request exceeding two hours. No labor charge is assessed for up to and including two hours of clerical or supervisory personnel efforts. What is considered to “require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of FDLE, or both” is determined on the basis of the required response to each public records request. In general, the narrower, and more focused your public records request can be, the less likely that “extensive” costs will become a factor. Since FDLE cannot extend credit, FDLE will require a deposit to cover all or a substantial portion of the costs estimated under F.S. 119.07(1)(b) before it begins the “extensive use” of resources or personnel as used in the statute. If you have previously received public records but have not paid the costs associated with that response, FDLE will not provide records for subsequent requests until such time as the due amounts have been paid.

City of Hallandale Beach

Black and White Single Sided $0.15 per page
Black and White Double Sided $0.20 per page
Color Single Sides $0.50 per page
Certified Copy of Records $1.00
Charges for items other than those listed shall be determined by the City Manager.
Clerical and/or Supervisory time in excess of 15 minutes shall be charged the actual costs (hourly wage) including benefits (30%). If the request is less than 2 pages and takes minimal staff time to prepare there is no charge associated with the duplication or inspection of the request.

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