The Florida Legislature enacted laws affecting local governments during the 2016 Session. One of them relates to public records requests to local government contractors. Local government and business law attorneys should ensure their clients follow these new statutory requirements.
Chapter 2016-20, Laws of Florida, amends Section 119.0701, Fla. Stat., by requiring public records requests related to contract for services with a public agency to be made directly to the public agency instead of the contractor. If the public agency does not possess the records, it must immediately notify the contractor of the request. The contractor must then provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. A contractor who fails to provide the requested information within a reasonable time may be subject to penalties under Section 119.10, Fla. Stat.
Pursuant to the new law, a public agency must include a statement in contracts for services informing the contractor of the contact information of the public agency’s record custodian. The statement must also instruct the contractor to contact the record custodian with any questions regarding the contractor’s duty to provide public records. The following language, in at least 14-point boldfaced type, should be included in contracts for services entered into or amended on or after July 1, 2016:
“IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT … (telephone number, e-mail address, and mailing address).”
Contracts for services must also address whether the contractor will retain the public records or transfer them to the public agency after the completion of the contract. If the contractor keeps the public records, it must follow all requirements for retaining such records, including nondisclosure of confidential or exempt records.
Disclaimer: The content on this website is for informational purposes only and is not intended to be legal advice. Your Paralegal Help Desk's blogger is not an attorney and cannot give legal advice. If you have a legal issue, you should immediately seek the advice of a licensed attorney in your state.