Public Records Requests: Special Service Charge

 

DEPARTMENT OF STATE

Departmental

RULE NO.: RULE TITLE:

1-2.0031 Public Records Requests: Special Service Charge

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 31, No. 44, (11/4/2005), issue of the Florida Administrative Weekly.

1-2.0031 Public Records Requests: Special Service Charge.

(1) When a public records request is of the nature described in paragraph 119.07(4)(d), Florida Statutes, the following will apply:

(a) The term “extensive” means more than 15 minutes expended by personnel to complete all tasks defined in paragraph (c) and (d) below.

(b) The term “clerical or supervisory assistance” includes searching for and or locating the requested record, reviewing for statutorily exempt information, deletion of statutorily exempt information, and preparing, copying and re-filing of the requested record.

(c) The term “use of information technology resources” includes the setup and implementation of an information technology defined in subsection 282.0041(7), Florida Statutes.

(2)(a) The Department will determine which personnel are appropriate to provide assistance in fulfilling the request. The special service charge will be computed to the nearest quarter of an hour exceeding 15 minutes based on the current pay grade of the personnel who performed the service. The special service charge shall be in addition to the duplication charge as provided in paragraphs 119.07(4)(a) and (b), Florida Statutes, and will be assessed regardless of the number of individual copies made. Payment for special services shall also be imposed where extensive use of personnel or information technology is necessary to determine whether the public record exists or is exempt from public disclosure.

(b) The requestor shall be required to pay any estimated special service charges, as determined by the Department, prior to personnel rendering such services. The Department will refund to the requestor any monies deposited with the Department in excess of the actual costs incurred to fulfill a request, or, in the alternative, the requestor shall be required to remit additional monies to pay for any costs in excess of the deposit. In the event the requestor fails to remit additional monies to cover costs in excess of the monies deposited, the Department shall withhold releasing any public records identified pursuant to that request until those amounts are paid in full.

Specific Authority 20.10(3), 119.07(4)(d) FS. Law Implemented 119.07(4)(d) FS. History–New ________.