Public Records Training

Download the Public Records training audio file

The City of Orlando is committed to compliance with the requirements of the Florida Records Law and dedicated to conducting its operations in a transparent and accessible fashion.

Whether you are an elected official, an employee, or a city board or committee member, it is important that you understand and follow the provisions of the Public Records Law.

The starting point is, of course, knowing what is covered by this law.

In Florida, public records are defined to mean 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.

In short, any record made or received in the course of doing business as a city official, in employee, board or committee member is subject to this law.

The key here is what the record concerns, not where it is located or how it is recorded.

If it concerns city business, whether it is on a personal telephone, computer, or anywhere else, it is a public record.

Conversely, of course, personal information unrelated to city business remains personal even if it is recorded on a city computer, telephone or other equipment.

Florida law further provides that every person who has custody of a public record shall permit the record to be inspected and examined by any person desiring to do so at any reasonable time.

Here are a few basic concepts that I hope will help you comply with your responsibilities under this law.

1. All records concerning city business are covered, regardless of the form in which they are maintained, computer, paper, email, audio or videotape and must be produced in the form they are maintained or upon request in another format if that is relatively easily accomplished.
2. Documents become public at the point they communicate, perpetuate or formalize information. There is no general exemption for draft documents or notes. However, if a document is created solely in order to assist the Creator in completing a final document and is therefore not intended to perpetuate information, and if a final document is completed, and if the draft document has not been shared with anyone else, not used to communicate, then it would not constitute a public record. So, for example, if you jot down some notes to yourself to remind you of a point you want to address on a meeting agenda, those notes are not public unless they are shared or you intend for them to formalize your comments.
3. As you may know, there are hundreds of legislatively created exemptions from mandatory public record disclosure for, for example, active criminal investigative records, medical records, Social Security numbers, juvenile records, and certain crime victim information. The vast majority of information made or received by a public agency is, however, open to the public.
4. To ensure that exempt or confidential information isn't inadvertently disclosed and to keep a record of timely production of records, most public record requests are referred to the City Clerk's Records Management Office. This office can always assist you with compliance.
5. Only documents that exist at the time the request is made or that can be easily produced by a quick computer sort need to be produced under the Public Records Act. Otherwise, documents do not need to be created, nor do questions or requests for information as opposed to documents need to be answered.
6. No fees can be charged for the inspection of records unless the request requires the government to use extensive information technology resources or clerical assistance to retrieve the information or make it available. If extensive technology or clerical assistance is required, defined by City policy as more than 30 minutes, then a charge can be made for the reasonable cost of that service. Charges for copies are set by law at $0.15 per one sided copy, $0.20 for two sided copies, and actual cost for the other sizes and types of copies.
7. Public records may be destroyed and only in accordance with the retention schedules published by the Department of State, and each destruction must be be properly documented by the agency. The City Clerk's Records Archives Section handles these responsibilities for the city.

If this sounds confusing, you're right, it certainly can be.

To keep it simple, do not destroy any record you create or receive that relates to your city job, board or committee service.

City staff is always willing to keep these records for you during or at the conclusion of your service.

The City Attorney's Office is also willing to answer any question you may have on these requirements because there are serious penalties, including fines or even incarceration, that can be imposed for the violation of the Public Records Law.

Please make sure you are clear on these requirements and do not hesitate to call us at 407.246.2295 anytime you have a question.