Public Records Requests

1. Public Records Requests Employee Training

2. Agenda • Definition of a Public Record • Public Access to Records • Statutory Exemptions • Staff Responsibilities • Review Common Mistakes

3. Public Records Definition Statutory Definition: “Public records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. F.S. § 119.011(12) Common Definition: Information, regardless of format or media, if made or received in conjunction with official District business are public records.

4. Electronic Communications Electronic communications, as with records in other formats, can have a variety of purposes and relate to a variety of program functions and activities. GS1-SL “Electronic Communications”

5. Access to Records Declaration of Rights: “Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution.” Constitution of the State of Florida Article 1, Section 24(a) State Policy: “It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.” F.S. § 119.01(1)

6. Statutory Exemptions Still public records! • Blueprints • Schematics • Building Plans • Security Systems • Credit Card Numbers • Social Security Numbers • Bank Account Information This is a sample list of document types exempt from public records production and should not be produced if requested. This is not a comprehensive list of exempt document types!

7. Staff Responsibilities Do: • Be courteous • Stay within the law • Acknowledge the request • Take every request seriously • Notify your Records Coordinator • Contact your RIM Dept. with questions Don’t: • Dismiss a request because it doesn’t appear “official” • Arbitrarily delay or postpone records production • Create a new record to satisfy a request • Require that a request be in writing • Lead the requester to data • Ask: “Who?” or “Why?”

8. Common Mistakes • Scenario #1 – An e-mail from a “suspicious” or “non-official” source. • Employee deems the e-mail to be SPAM and deletes it. • Forward the e-mail to your Records Coordinator and/or Document Services. • Scenario #2 – An employee receives a request while they’re out in the field. • Allow the requester to view the record as long as it does not contain exempt information. • Employee tells the requester “no” and that they must submit a PRR to view the record. • Scenario #3 – A member of the public anonymously requests a record. • Employee processes the request in the same manner as any other request. • Employee asks for the requester to provide some form of identification. • Scenario #4 – A member of the public asks to view the visitor log book. • Employee hesitates and says “no” or tells the requester they need to wait. • Immediately allow the requester to view the record.

9. Records Management Questions?

10. Reference Material • Constitution of the State of Florida • Florida Statute - Chapter 119 • General Records Schedule GS1-SL • Government-in-the-Sunshine Manual • The First Amendment Foundation

11. Steps to Remember