HomeMy WebLinkAbout08.20.2019HISTORICAL COMMISSION
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, August 20, 2019
4:00 PM
2300 Virgina Ave, Second Floor
Fort Pierce, FL 34982
BOARD MEMBERS
Land Use Planning or Historic Preservation Planning
KRISSTA KING
Architecture
MIKE MENARD
Anthropology, Archaeology, History
RICHARD MCAFOOS
Layperson
BETTY JO STARK
Layperson
MELANIE TREWYN
Conservation/Curation
MIKE MIDDLEBROOK
Mission Statement
To provide service, infrastructure and leadership necessary to advance a safe and sustainable
community, maintain a high quality of life, and protect the natural environment for all our citizens
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Historical Commission Tuesday, August 20, 2019 4:00 PM
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GENERAL RULES AND PROCEDURES – Attached is the agenda, which will determine the order of business conducted at today’s Board
meeting.
CONSENT AGENDA – These items are considered routine and are enacted by one motion. There will be no separate discussion of
these items unless a Commissioner so requests.
REGULAR AGENDA – Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will
discuss individually, usually in the order listed on the agenda.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order
of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing,
the Chair will ask for public comment, (4) further discussion and action by the Board.
ADDRESSING THE COMMISSION – Please state your name and address, speaking clearly. If you have backup material, please have
eight copies ready for distribution.
NON‐AGENDA ITEMS – These items are presented by an individual Commissioner or staff as necessary at the conclusion of the
printed agenda.
PUBLIC COMMENT – Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three
minutes. Comments may pertain to any matter related to the Board’s duties as the County’s governing body. General comments in
support or opposition to candidates for public office are not pertinent to the Board’s duties.
DECORUM – Please be respectful of others’ opinions.
MEETINGS – All Board meetings are open to the public and are held quarterly on the third Tuesdays of month at 4 p.m. and on the
Meetings are held in the Planning Conference Room in the Planning and Development Services Department at 2300 Virginia Ave.,
Fort Pierce, Fla. 34982. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie
County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting.
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Historical Commission Tuesday, August 20, 2019 4:00 PM
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1.CALL TO ORDER
2.ROLL CALL
3.ANNOUNCEMENTS
4.PUBLIC COMMENT
5.MINUTES
A.April 23, 2019 Draft Historical Commission meeting minutes
6.OLD BUSINESS
7.NEW BUSINESS
A.Florida Sunshine Law ‐ Presented by Assistant County Attorney Heather Young, Esq.
8.MEMBER MATTERS
9.DISCUSSION
10.ADJOURNMENT
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2019-04-23 DRAFT HC MINUTES Page 1 of 5
Historical Commission 1 Tuesday, April 23, 2019 4:00 PM 2 2300 Virginia Ave, Fort Pierce, FL 34982 3 Planning & Development Services Department 4
Conference Room One 5 6 7 CALL TO ORDER Vice Chair McAfoos called the meeting to order at 4:00 PM 8 9 ROLL CALL 10 11 Richard McAfoos .............................. Vice Chair 12 Betty Starke ...................................... Commission Member 13
Mike Middlebrook.............................. Commission Member 14 Melanie Trewyn ................................ Commission Member 15 Mike Menard ..................................... Commission Member 16
Krissta King ...................................... Commission Member 17 18 ANNOUNCEMENTS 19 20 Resignation of Chair Freeman 21 22 MEMBER ABSENT: 23 24
Brian Freeman .................................. Chair 25 26 STAFF PRESENT 27 28 Kori Benton ....................................... Historic Preservation Officer 29 Vanessa Desnoyers .......................... Recording Secretary 30 Gary Stepalavich .............................. Building Official 31 32 OTHERS IN ATTENDANCE 33 34 Denise Buchmeyer ........................... 3405 Midway Road (SL01276) 35 Ronald Buchmeyer ........................... 3405 Midway Road (SL01276) 36
37 1. Public Comment 38 39
None 40 41
2. Review and Approval of Minutes 42 43 Vice Chair McAfoos called for a motion to approve the minutes from the January 15, 2019 44 Historical Commission meeting. Betty Jo Starke motioned to approve the minutes as 45 submitted, Mike Menard seconded. The motion passed unanimously. 46 47 48
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1 3. Member Matters 2 3 A. Vote for Chair and Vice Chair 4 5
Vice Chair McAfoos opened the floor to vote for Chair. Ms. Starke nominates Vice Chair 6 McAfoos and the motion is seconded. 7 8
Ms. Trewyn submits her name for Vice Chair. 9 10 Ms. Starke makes the motion to nominate both Vice Chair McAfoos as Chair and 11 Melanie Trewyn as Vice Chair. Mike Menard seconds the motion, and the vote passed 12 unanimously. 13
14 Vice Chair McAfoos is now voted in as Chair and Melanie Trewyn as Vice Chair. 15 16 4. Items for Consideration 17 18 New Business 19
20 A. Structure Demolition request - 3405 Midway Road (SL01807): Single-family 21
Residence c1949 22
23
Mr. Benton presented the background of the home before the commission. Mr. Benton 24
stated that the home is from a historic period or the background associated with the 25
structure is WWII & Aftermath. Mr. Benton stated that the deterioration of the structure 26
was subject to complaints, which brought it to the attention of the Code Enforcement. 27
The structure was prevalent in the late 1940s in Florida. There was an alteration in the 28
1950’s and another alteration in the 1980’s. St. Lucie County’s Building Official had 29
the opportunity to survey the structure and determined that the building was unsafe. 30
Mr. Stepalavich stated he did not feel comfortable walking through the structure. 31
32
Mr. Ronald Buchmeyer stated that the house is not in good shape. The home was 33
damaged during the hurricane in 2004 and was costly to repair. Mr. Buchmeyer stated 34
that after the damage the cost to repair was too much for it to be worth it. He stated 35
that he applied for a demolition permit a few years ago and was told by code 36
enforcement that he could not receive the permit until neighbors complained about the 37
damage. Mr. Menard questioned if Mr. Buchmeyer felt that any of the materials could 38
be salvaged in any way possibly given to a historical bank. Mr. Buchmeyer stated that 39
he has a desire to do so, but in unsure of how to proceed without causing further 40
damage to the home. 41
42
Chair McAfoos question staff as to if there was a mechanism in place to request that 43
Mr. Buchmeyer begin the preservation process and questioned the liability of the 44
Commission. Mr. Benton stated that there are certain opportunities that the 45
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Commission has to make a motion or recommendation to the applicant or for the 1
property owner to salvage materials where possible. The challenge is that the county 2
does not have a place to acquire these materials to hold and preserve them in a 3
warehouse. Informally what we have done is put out a notice to the St. Lucie County 4
Historical Society, local architects and contractors that have experience in historical 5
rehabilitations and provided them a timeline in which they could salvage materials, or 6
participate in the demolition action working with the property owner. 7
8
Chair McAfoos stated that as we move forward to considering approval for demolition 9
then we would add that salvaging materials would be a condition of approval or 10
encouragement that the property owner do so. Chair McAfoos asked Mr. Benton to 11
submit a draft motion to for the commission to entertain. 12
13
Mr. Benton stated that if the commission were to entertain the demolition today, it 14
would be on the premise that the property owner is encouraged to provide a 30-45 15
day timeline in which announcements would be made highlighting that there are 16
salvageable materials from the structure. The demolition is pending, and opens the 17
opportunity to local contractors, architects, engineers and design professionals at the 18
discretion of the owner who would assume liability to acquire and attain materials for 19
re-use for renovations and rehabilitation projects. 20
21
Chair McAfoos inquired as to whether commission members were amenable to 22
moving forward with the approval of the demolition request. Chair McAfoos sought a 23
motion rearding the demolition of the structure located at 3405 Midway Road with the 24
caveat of salvaging materials. Ms. Starke made the motion and Ms. King seconded 25
the motion. 26
27
Ms. Starke questioned if we could collaborate with habitat for humanity to salvage the 28
materials from the property. Vice Chair Trewyn stated, that she has a contact further 29
south that may be interested. Ms. Starke asked how the commission could be more 30
proactive in preservation of structures by collaborating with local contractors or 31
schools in the community. Mr. Menard asked for clarification of the commission was 32
giving the applicant a mandate, or recommendation. Chair McAfoos confirmed it was 33
a recommendation. Vice Chair Trewyn questioned if there was a timeline for the 34
motion and Mr. Benton responded that the 30-45 day timeline was a suggestion and 35
would give applicants time to distribute announcements to potential interested parties 36
and that timeframe should be considered as a minimum. 37
38
Mr. Buchmeyer stated that he could wait for an interested party. He is in no hurry. Mr. 39
Buchmeyer also inquired as to whether he would be applying for the building permit 40
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through the county or through the historical commission. Mr. Stepalavich stated that 1
time is of the essence for the building department being that the structure is unsafe. 2
Mr. Stepalavich stated that the building department will work with the applicants to 3
attain the permit and highly recommended the applicant apply for the permit now 4
because it is an extensive process. With no further discussion, the motion passed. 5
6
7
B. Structure Demolition Request- 5021 Christensen Road (SL01276): 8 Accessory Structure to Raised Single-family Residence c1950 9 10
Mr. Benton presented the background of the home before the commission and 11 stated that the principal structure on this property has been demolished and an 12 accessory structure remains. The structure does not display any historical value to 13 our community, culture or heritage and is deemed unsafe. Staff recommends that 14 the demolition be released for this structure. Mr. Benton believes that there are no 15
materials on site that would warrant a recommendation of salvage activity or 16 retention. 17 18 Ms. Starke made the motion to approve the structure demolition request for 19 the property at 5021 Christensen Road (SL01276). Mr. Middlebrook seconded 20
the motion. With no further discussion, the motion passed. 21 22 23 C. Structure Demolition Request- 1408 Angle Road (SL01520): Single-family 24 Residence c1945 25 26 Mr. Benton presented the background of the home before the commission 27 Mr. Benton stated that the applicant hired a design professional to estimate costs for 28 reconstruction of the property. The applicant determined that the cost estimates to 29
fix the structure exceeded original cost to replace the structure. After meeting with 30
the applicant Mr. Benton was informed that, the applicant had plans to replace 31 structure with a mobile or modular home. 32 33 Mr. Benton requested photographs or write-ups from contractors, design 34
professionals to engage in their review of the structure and costs to rehabilitate the 35
structure. In review of the structure, Mr. Benton noted that it does have architectural 36 integrity from the 1940s date of construction as well a non-original elements that 37 staff has not viewed due to lack of access. Staff’s recommendation would be to 38 consider release of demolition permit request or request additional information from 39
applicant inclusive of pictures and cost estimates for the option of rehabilitating the 40
structure and proposed re-use of structure. 41 42 Mr. Menard stated that he is the design professional that inspected this property and 43 stated that is unsafe by any means. Mr. Menard stated that the applicant that tried to 44
do unsuccessful quick fixes. Mr. Menard explained to the applicant that repairs 45
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2019-04-23 DRAFT HC MINUTES Page 5 of 5
would be costly on the structure and would exceed the costs originally paid for the 1 property. Mr. Menard suggested the applicant explore additional structures and uses 2
for the property such as modular or mobile homes and structures. Mr. Menard stated 3
that he could handle any additional questions from the commission due to his 4 familiarity with the structure. 5 6 Ms. Starke asked for clarification of the damage to the home. Mr. Menard responded 7
that essentially there is no floor. All of the joists are rotted out, and there are no wall 8
sidings to cover the asbestos. Mr. Benton stated that the applicant has the option of 9 a mobile or modular home would meet building code standards and have a 10 traditional construction type and could assimilate and potentially enhance the 11 neighborhood. 12
13
Vice Chair Trewyn moved that the commission release the demolition request for 14 property located at 1408 Angle Road (SL01520) with the encouragement to the 15 property owner to redevelop this site with at minimum a manufactured home or 16 traditional construction home as architectural elements consistent with structures of 17
this time-period, or would assimilate with the neighborhood. Mr. Menard personally 18
inspected this property. Mr. Menard seconded the motion. With no further 19 discussion, the motion passed. 20 21 22 1. Member Matters 23 24 A. Next meeting date July 16, 2019 25
26 2. Discussion 27 A. Change of meeting time from 4:00pm to 3:30pm 28
29 Mr. Benton commented that in reflection of the meeting’s efficiency in pushing through 30 all meeting items within allotted time frame, it may be feasible to keep meeting time. 31
Mr. Menard stated that he would not be able to make that time. The meeting date is 32 maintained. 33 34
Mr. Benton asked for input from Commission’s members in regards to letter being sent 35 to Board of County Commissioners reflecting support of the City of Port Saint Lucie. 36 Vice Chair Trewyn made a motion that the Commission defer to the edits that Chair 37 McAfoos and Mr. Benton decide on behalf of the commission when presenting letter 38 of support to the Board of County Commissioners. 39 40 3. Adjournment 41 42 Vice Chair McAfoos called to adjourn the meeting. The meeting adjourned unanimously 43 at 4:59pm. 44 45
46
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A Pocket Guide to Florida's
Government-in-the-Sunshine Laws:
Open Meetings & Public Records
Summarized from The Govemment-in-the-Sunshine Manual and prepared by the Office of the
Attorney General of Florida, and published by the First Amendment Foundation. (Compiled by
Charlene Carres, Esq.)
THE OPEN MEETINGS LAW Section 286.011, F.S.
Florida's Government-in-the-Sunshine Law applies when two or more members of the same
elected or appointed public board or commission meet to discuss or take action on any matter
which may foreseeably come before them in their official capacity. The Sunshine Law requires
that: (]) meetings be open to the public; (2) notice be given; and (3) minutes be taken.
APPLICATION
Who else is covered? Members-elect of boards or commissions are also subject to the Sunshine
Law. Private entities doing business on behalf of a public agency may also be subject to the law.
Who is not covered? Staff meetings are not ordinarily subject to the Sunshine Law. What types
of meetings are covered? The Sunshine Law applies to all functions of covered agencies, boards,
and commissions, whether formal or informal, which relate to their affairs and duties. The
Sunshine Law also applies when an individual has been delegated the authority to act on behalf
of or make recommendations to a public entity. However, when an individual has only been
delegated the authority to gather information, the Sunshine Law does not apply. The Sunshine
Law prohibits meetings between a member of a public body and an individual who is not a
member when that individual is being used as a liaison between, or to conduct a de facto meeting
of, other members of the public entity.
What types of meetings are not covered? The Sunshine Law does not apply to a meeting
between individuals who are members of different boards unless one or more of them have been
delegated the authority to act on behalf of his or her board. If an official is not a member of the
board or commission and does not possess any power to vote, the official may meet privately
with an individual member. There is no violation of the Sunshine Law for a board member to
express views or voting intentions on upcoming issues to a reporter. Members of a public board
or commission are not prohibited from meeting together socially under the Sunshine Law, as
long as matters which may come before them in their official capacity are not discussed.
What forms of communication are covered? Members of a board discussing board business or
holding a meeting by telephone must ensure that the requirements of the Sunshine Law have
been satisfied by providing notice and access to the public. If a memorandum reflecting the
views of a board member is circulated among board members with each indicating his or her
approval, disapproval, or comments, there is a violation of the Sunshine Law. The use of a
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written report simply to inform is not a violation of the Law as long as there is no reply or
interchange of information. The use of computers by members of a public board or commission
to communicate among themselves is subject to the Sunshine Law.
What subjects are covered? There is no exception to the Sunshine Law allowing closed-door
hearings when a board or commission is acting in a 11quasi-judicial" capacity. Discussions
between a public board and its attorney are generally subject to the Sunshine Law. However, a
public board and its attorney may meet in a closed session to discuss settlement negotiations or
strategy concerning pending litigation to which the public board is a party. Numerous limiting
conditions apply to such meetings, including transcription requirements, topic limitations, notice
and procedural requirements, and release of the transcript upon completion of the litigation.
Meetings at which personnel matters are discussed are not exempt. Negotiations by a public
body for the sale or purchase of real property must be conducted in the Sunshine. The Sunshine
Law is applicable to investigative inquiries of public agencies, and the fact that a meeting
concerns alleged violations of law or regulations does not remove it from the scope of the Law.
Sunshine Law policy on collective bargaining for public employees is divided into two parts:
when the public employer is meeting with its own side, it is exempt from the Sunshine Law;
when the public employer is meeting with the other side, it is required to comply with the Law.
What are the requirements for voting? A board may not use secret ballots. Each members
present must cast a vote either for or against each proposal, but it is not necessary to take a roll
call vote to reflect each member's specific vote. The minutes must report voting results either by
recording the vote of each individual member or counting the votes and reporting the totals. No
member of any governmental board or commission who is present at any meeting at which a
decision, ruling, or other official act is to be taken or adopted must abstain from voting. A vote
must be recorded or counted for each member present, except when a member has, or appears to
have, any conflict of interest.
REQUIREMENTS
Where may meetings be held? Public boards or commissions are prohibited from holding their
meetings at any facility which discriminates on the basis of sex, age, race, color, national origin,
creed, religion, or economic status, or which operates in a manner that unreasonably restricts
public access. Public agencies should take reasonable steps to ensure that meeting facilities will
accommodate the anticipated turnout. Public meetings should be held within reasonable
proximity to the jurisdiction of the public board or commission.
Can restrictions be placed on public attendance or participation? The public may not be
deprived of the right to be present and to be heard at all deliberations where decisions affecting
the public are being made. However, the extent to which public participation must be allowed
has not been determined. Reasonable rules and policies ensuring the orderly conduct of a public
meeting and requiring orderly behavior of those in attendance may be adopted. A rule or policy
prohibiting the use of non-disruptive cameras or silent tape recording devices is unreasonable
and, therefore, invalid.
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What kind of notice must be given? A written notice containing the time, place, and general
subject of the meeting should be given. Notice should be published, posted, and/or circulated in a
way meant to allow members of the public who may be interested to know about the meeting. If
a meeting is to be adjourned and reconvened later to complete the business from the agenda of
the adjourned meeting, the second meeting must also be noticed. Must written minutes be kept
of all public meetings? Yes. Minutes of a public meeting must be promptly recorded and open
to public inspection. A written transcript of a meeting may be used as the minutes,
PENALTIES
What are the penalties for violations of the Sunshine Law? No resolution, rule, regulation, or
formal action is binding unless it is promulgated at an open meeting. Any member of a board or
commission or of any state or local agency or authority who knowingly violates the Sunshine
Law is guilty of a misdemeanor of the second degree. If convicted, the officer or employee may
be removed from office. Any public official who violates the provisions of the Sunshine Law is
guilty of a noncriminal infraction, punishable by a fine not exceeding $500. Reasonable
attorney's fees and court costs will be assessed against a public agency violating the Sunshine
Law.
THE PUBLIC RECORDS LAW Chapter 119, F.S.
Every person who has custody of a public record must allow the record to be inspected and
examined by any person desiring to, under reasonable conditions. The custodian must furnish a
copy of the record upon payment of the cost of duplication or of the fee prescribed by law.
APPLICATION
What materials are public records?
"Public records" include: all documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of physical form,
characteristics, or means of transmission, made or received pursuant to law or in connection with
the transaction of business by any agency. The only exceptions are for records specifically made
confidential by the Florida Constitution and records exempted by state statute
What agencies are subject to the Public Records Law? "Agency" includes any state or local
officer, department, division, board, bureau, commission, or other unit of government created or
established by law and any other public or private agency, person, or business acting on behalf of
a public agency. Records of advisory boards created by governmental entities to provide advice
or make recommendations are subject to the Public Records Law.
REQUIREMENTS
May an agency refuse a request because the agency believes disclosure could violate privacy
rights? No. Neither the custodian of records nor the person who is the subject of a record can
claim a right of privacy as a bar to inspection of a public record without a specific statutory
exemption.
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May an agency impose a waiting period or establish a specific time period for access to public
records? No. The only delay permitted in producing records is the reasonable amount of time it
takes to retrieve the record and delete any exempt portions.
May an agency require that a request for records be made in writing or that the requester
furnish background information? No. A custodian must honor a request for copies of records
whether the request is in writing, over the telephone, or in person, as long as the required fees are
paid. A requester cannot be required to disclose his/ her name, address, or telephone number
unless this information is required by law. If a public agency believes it is necessary to document
a request for public records, the agency may require the custodian to complete the appropriate
document.
Must a person give a reason for his/her request? No. The Public Records Law does not require
a person to show a purpose or “special interest" as a condition of access to public records.
May an agency refuse to al low inspection or copying of public records on the grounds that the
request is "overbroad"? No. A custodian is not authorized to deny a request for access to public
records because it is not specific enough. If a request is insufficient to identify the records, the
agency has the duty to notify the requester promptly that more information is needed. Unless
there is a statutory exemption, a custodian must produce the records requested regardless of the
number of documents involved or any inconvenience. The agency is authorized, however, to
charge a reasonable fee, in addition to the actual cost of duplication, for the cost of extensive use
of technology resources or personnel if required by the nature or volume of the request.
May an agency refuse a request because the record requested contains exempt information?
No. If a record contains information which is exempt from public disclosure, the custodian must
delete that which is exempt and provide a copy of the remainder. Also, if so requested, a
custodian must state in writing the statutory citation authorizing the deletion.
Is an agency required to answer questions regarding contents of public records? No. The
Public Records Law does not require an employee to answer questions regarding details of the
contents of records or to excerpt or interpret them for the public. However, an agency must
respond to all requests for any information about copying costs.
Is an agency required to produce records in a particular form? An agency is not ordinarily
required to produce records in a particular form. For example, if the health department keeps a
chronological list of dog bites involving rabies, a requester cannot require the department to
reorganize the information by geographic area. However, an agency is required to provide a copy
of a public record in any medium maintained by the agency.
Is an agency required to comply with a request for records stored in a computer? Yes.
Information stored in a computer is as much a public record as written pages in a book or file
folders, and are governed by the same rules as other public records. An agency that maintains a
public record in an electronic record keeping system must provide a copy of a requested record
in the medium requested if connection with the transaction of business by any agency. The
Florida Supreme Court has said a public record is "anything intended to perpetuate,
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communicate, or formalize knowledge" having to do with public business. The only exceptions
are for records specifically made confidential by the Florida Constitution and records exempted
by state statute. There is no unfinished business exception to the Public Records Law and thus
drafts are subject to disclosure absent a specific statutory exemption.
What agencies are subject to the Public Records Law? "Agency" is defined in law to include
any state or local officer, department, division, board, bureau, commission, or other unit of
government created or established by law and any other public or private agency, person, or
business acting on behalf of a public agency. Records of advisory boards created by
governmental entities to provide advice or make recommendations are subject to the Public
Records Law.
REQUIREMENTS
May an agency refuse a request because the agency believes disclosure could violate privacy
rights? No. Neither the custodian of records nor the person who is the subject of a record can
claim a right of privacy as a bar to inspection of a public record without a specific statutory
exemption.
May an agency impose a waiting period or establish a specific time period for access to public
records?
No. The only delay permitted in producing records is the reasonable amount of time it takes to
retrieve the record and delete any exempt portions.
May an agency require that a request for records be made in writing or that the requester
furnishes background information? As a rule, No. Absent specific statutory authority, a
custodian must honor a request for copies of records whether the request is in writing, over the
telephone, made via email, or in person, as long as the required fees are paid. A requester cannot
be required to disclose his/ her name, address, or telephone number unless this information is
required by law. If a public agency believes it is necessary to document a request for public
records, the agency may require the custodian to complete the appropriate document or form.
Must a person give a reason for his/her request? No. The Public Records Law generally does
not require a person to show a purpose or "special interest" as a condition of access to public
records.
May an agency refuse to allow. inspection or copying of public records on the grounds that the
request is "overbroad"?
No. A custodian is not authorized to deny a request for access to public records because it is not
specific enough. If a request is insufficient to identify the records, the agency has the duty to
notify the requester promptly that more information is needed. Unless there is a statutory
exemption, a custodian must produce the records requested regardless of the number of
documents involved or any inconvenience. The agency is authorized, however, to charge a
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reasonable fee, in addition to the actual cost of duplication, for the cost of extensive use of
technology resources or personnel if required by the nature or volume of the request.
May an agency refuse a request because the record requested contains exempt information?
No. If a record contains information which is exempt from public disclosure, the custodian must
redact (delete) that which is exempt, provide a copy of the remainder as well as the statutory
citation(s) authorizing the redaction. Also, if requested to do so, the custodian must put the denial
of a public record request in writing and include the basis for the denial, including any statutory
citations.
Is an agency required to answer questions regarding contents of public records? No. The
Public Records Law does not require an employee to answer questions regarding details of the
contents of records or to excerpt or interpret them for the public. However, an agency must
respond to all requests for any information about copying costs.
Is an agency required to produce records in a particular form? An agency is not ordinarily
required to produce records in a particular form. For example, if the health department keeps a
chronological list of dog bites involving rabies, a requester cannot require the department to
reorganize the information by geographic area. However, an agency is required to provide a copy
of a public record in any medium or format maintained by the agency.
Is an agency required to comply with a request for records stored in a computer? Yes.
Information stored in a computer is as much a public record as written pages in a book or file
folders, and are governed by the same rules as other public records. Emails, text messages,
tweets, etc., that relate to public business are public records subject to disclosure and retention
requirements. An agency that maintains a public record in an electronic record keeping system
must provide a copy of a requested record in the medium or format requested if the agency
maintains the record in that medium or format.
May an agency refuse a request to inspect or copy the agency's records on the grounds that
they are not in its possession? No. An agency is not authorized to refuse to allow inspection of
its public records on the grounds that the documents are in the actual possession of someone else
(such as the agency's lawyer). Public records may not be removed from the place where they are
ordinarily expected to be kept, except for reasonable business purposes.
May an agency charge a fee for the mere inspection of public records? No. Public records must
be open for public inspection without charge unless otherwise expressly provided by law. But if
the volume of records to be inspected is large, requiring the extensive use of agency resources, a
special service charge could be applied. (See below). It is irrelevant whether the requested public
record is a written document, a videotape, or information stored in a computer. Providing access
is a statutory duty of all records custodians. It is not a revenue-generating operation.
What fees may be charged for copies of public records? Agencies are permitted to provide
copies of public records without charge. An agency may, however, charge for copies as long as
the fee does not exceed that established by law. If no other fee is set in the statutes, the custodian
may charge up to 15¢ per one-sided page for paper copies that are 8½ by 14 inches, or smaller,
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and no more than 20¢ for two-sided duplicated copies. Up to $1.00 per page may be charged for
certified copies. For other copies, the charge is limited to the actual cost of duplication. The
phrase "actual cost of duplication" is defined t6 mean, "the cost of the materials and supplies
used to duplicate the record, but it does not include the labor and overhead cost .... " No fees
designed to recoup the original cost of developing or producing the records may be charged.
Can an agency charge for personnel costs associated with a public records request? If, because
of the nature or volume of a public records request requires an extensive use of agencies
resources, whether personnel or information technology, or both, an agency may charge a
reasonable fee, based on actual costs incurred, for the extensive use of its resources. Automatic
application of the extensive use fee is prohibited· and agencies should have a definition of
"extensive use." For personnel costs, an agency can charge no more than the hourly rate,
including benefits, of the lowest paid person capable of performing the necessary tasks in
responding to the public records request.
How long must an agency retain a public record? Whoever has custody of public records must
give them to his/her successor at the expiration of his/her term or, if there is no successor, to the
records and information management program of the Division of Library and Information
Services of the Department of State. Florida law requires agencies to retain public records
according to retention schedules established and approved by the Division. Public records cannot
be destroyed prior to the scheduled destruction date. The Division has rules, binding all agencies,
concerning the maintenance and disposal of public records.
PENALTIES
What are the options if an agency refuses to produce public records? Mediation. For more
information about the voluntary Public Records Mediation Program, please contact the Office of
the Attorney General at 850/245-0140. Civil action. Any person denied the right to inspect
and/or copy public records may file a civil action in circuit court against an agency to compel
compliance with the Public Records Law. These actions are entitled to an immediate hearing and
take priority over other cases. A public agency's unjustified delay in complying with a request
until after litigation is filed amounts to an "unlawful refusal." While an action is pending, the
custodian may not transfer custody, alter, or dispose of the record. If a civil action is filed against
an agency and the court determines the agency unlawfully refused to permit a public record to be
inspected, examined, or copied, the court shall order the agency responsible to pay the costs of
enforcing the law, including reasonable attorney's fees and court costs. Attorney's fees are
recoverable even if access is denied on the mistaken belief that the requested records are exempt
from disclosure. Criminal penalties. A public officer who knowingly violates the Public Records
Law is guilty of a mis-demeanor of the first degree, punishable by penalties of up to one year in
prison, a $1,000 fine, or both, and is subject to suspension and removal from office. An
unintentional violation is a noncriminal infraction, punishable by a fine not exceeding $500.
Attorney fees and court costs. An agency that violates the Public Records Law will be required
to pay the reasonable costs of enforcing the law, including attorney fees and court costs.
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