This rule is being amended to change the way labor cost is calculated for special service charges for extensive public records requests. The amended rule will make the calculation based on the actual cost of wages and benefits instead of the pay ...

 

DEPARTMENT OF STATE

RULE NO: RULE TITLE
1-2.0031: Public Records Requests: Special Service Charge
PURPOSE AND EFFECT: This rule is being amended to change the way labor cost is calculated for special service charges for extensive public records requests.
The amended rule will make the calculation based on the actual cost of wages and benefits instead of the pay grade of the personnel providing the service. This change is consistent with a recent opinion from the Second District Court of Appeal which held that the cost of labor used in calculating special service charges for responding to extensive public records requests may include both salary and benefits.
The rule amendment also specifies that the calculation of wages and benefits must be based on the lowest paid personnel who has the necessary skill and training to perform the public records request.
SUBJECT AREA TO BE ADDRESSED: Special service charge for public records requests.
SPECIFIC AUTHORITY: 20.10(3), 119.07(4)(d) FS.
LAW IMPLEMENTED: 119.07(4)(d) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: June 2, 2008, 2:00 p.m.
PLACE: R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kevin Gotfredson, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

1-2.0031 Public Records Requests: Special Service Charge.

(1) When a public records request is of the nature described in Section 119.07(4)(d), F.S., the following will apply:

(a) The term “extensive” means more than 15 minutes expended by personnel to complete all tasks defined in paragraphs (b) and (c) 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 Section 282.0041(7), F.S.

(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 cost of wages and benefits of the lowest paid personnel who, in the discretion of the Department, has the necessary skill and training to perform the request 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 Sections 119.07(4)(a) and (b), F.S., 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 3-21-06, Amended _________.