| Public Records |
Purpose:
The purpose of this policy is to set forth the procedures of this School District (District) for retaining public records and responding to public records requests and subpoenas for documents.
The term "public records," as defined in Fla. Stat. § 119.011(11), 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" of the District school system. Once a document has been finalized and becomes a public record, including while subject to a records hold, it may not be altered or modified unless the altered document has been retained without the alteration. Any intentional alteration of a public record in violation of this policy may be grounds for disciplinary action. [Note that student educational records are governed by School Board Policy 5.50, Fla. Stat. §§ 1002.22 and 1002.221; SBER 6A-1.0955, 34 C.F.R. Part 99, and FERPA--20 USC 1232g, as they may be amended. Student educational records are confidential and exempt from public records disclosure. Fla. Stat. § 1002.221].
Retention:
District public records shall be maintained in accordance with the District's Retention Schedule (available online on the Records Management Department's website), approved under Fla. Stat. § 119.021 (2) (b) and Fla. Admin. Code § 1B-24.003, or for a longer period per a records hold notification or pursuant to terms of a contract.
As defined within Fla. Admin. Code § 1B-24.001 (3) (j), the record (master) copy of the document that is referenced within the Retention Schedule means the public records specifically designated by the custodian as the official record of the District.
Records holds are requests to retain all documents until further notice when potential or pending litigation exists, when an audit is being conducted, or when an investigation is occurring.
If a records hold exists, documents relating to those issues must be retained irrespective of the retention schedule until the records hold is released. The Office of Chief Counsel will notify by written communication the relevant departments of records holds relating to pending or potential litigation of which the office is aware.
Further, if the employee is aware of pending or potential litigation and no records hold request has yet been made, the employee or his/her supervisor must notify the Office of Chief Counsel. The documents relating to those issues must be retained irrespective of the retention schedule until advised by the Office of Chief Counsel or per the District’s retention schedule, whichever period of time is longer.
Additionally, if the employee is aware of an audit or pending investigation and no records hold request has yet been made, the documents must be retained until the audit or investigation has been completed or per the District’s retention schedule, whichever period of time is longer.
District employees, Board members, and agents are prohibited from creating or allowing to be created public records that cannot be retained as per the retention schedule or a records hold. This prohibition would include, but is not limited to voice mails and sending or receiving text messages, tweets, and instant messages that are official records of the District (or, if transitory, still have administrative value) and relate to official District business.
Records Custodians:
The Superintendent of Schools has designated the District’s Department of Public Affairs (Public Affairs) to be responsible for handling public records requests. This department has designated a person or persons to coordinate such requests. In addition to contacting a particular department or school, copies of public records may be obtained by making a request to Public Affairs. That department shall coordinate the production of records.
The director of each department and school (principals for schools) must designate a Records Custodian for that department/school to coordinate processing and responding to any public records requests received by that department/school and then notify Public Affairs of the identity of that department's/ school's Records Custodian and keep the list updated for any replacement.
Public Records Requests:
Persons may request public records to the District either verbally or in writing.
Although requesters may be encouraged to submit requests in writing to minimize any misunderstanding as to the nature of the request, it is not permissible to insist or require that the request be made in writing or to ask why the information is being requested. Further, it is not permissible to ask the identity of the requester or for background information unless the District is required by statute to obtain the information before release of the record. If the request is for personnel records, the identity of the requester is required and the District must record the requester’s name, as per Fla. Stat. § 1012.31 (2) (f).
To assist in providing a response that meets the requester's expectations, the requester should be asked to clearly identify the documents sought to be examined or copied.
Public records requests are applicable to non-exempt, non-confidential portions of existing public records. The District shall not be obligated to create a new record or compile lists or information from various existing records to accommodate a public records request, except as set forth in paragraph 36 below.
Categories of Requests
Routine records requests are those that are directed directly to a particular department/school, the responsive records are readily available for inspection, and the documents contain no or minimal confidential or exempt information under the public records laws that would require redactions.
Complex or non-routine records requests are all other requests and responsive records may exist in several departments/schools. District employees receiving these requests must route the request through the Public Information Coordinator (PIC) within Public Affairs.
Responding to Records Requests:
Generally:
The District’s PIC within Public Affairs will acknowledge every request submitted to Public Affairs, whether routine” or complex”, by contacting the requester (if known) via mail, email, telephone, and/or fax. After the request is acknowledged, the PIC will route the request to the records custodian(s) of the appropriate department(s) and/or school(s). Once a request is received by a department or school records custodian from the PIC, he/she must notify the PIC that the request has been received. If assistance is needed, such as to seek clarification of the request, the records custodian should contact the PIC.
The school(s)/department(s) that have custody of the requested records must make a good faith effort to determine -- generally within three hours of actually receiving notice of a public records request – whether the requested records are readily available (e.g., not in off-site storage) and, if so, whether the requested records include, or are likely to include, exempt or confidential information. After the school(s)/department(s) have conducted a diligent search for all records responsive to the request, the custodian shall immediately notify the PIC that said records are available for inspection and copying and the location for inspection: where the records are kept, at Public Affairs, or at such other location as the School District and the requester may agree.
If the school(s)/department(s) that have custody of the requested records determine that the records are not readily available, or that they contain or are likely to contain confidential or exempt information, the custodian of records shall promptly retrieve the records and/or determine whether they contain exempt or confidential information. In addition, if the custodian determines that the requested public records are not readily available, he/she shall inform the PIC in Public Affairs of an estimated date that the records would be available for inspection and the PIC shall promptly notify the requester of such determination along with an estimate of the time needed to retrieve the records.
As stated in item 8 (b) above, a public records request should be processed or routed immediately to the appropriate person(s) to locate and provide the information. Even if the request originated with the PIC within Public Affairs, it is importation that the custodian follows all of the aforementioned steps to ensure that the public records request is processed accurately, thoroughly and in a timely manner. Once some of the requested records are available for inspection, the department(s)/school(s) records custodian must notify the PIC to contact the requester that the records (even if in piecemeal) are available for inspection and copying and the location.
Any department/school receiving a public records request directly from a requester shall respond by immediately acknowledging that the request has been received. A prompt acknowledgement is required by law.
Florida law requires that responsive non-exempt public records be available for public inspection at reasonable times and under reasonable circumstances; thus, only a reasonable custodial delay necessary to retrieve a public record and review and redact exempt information is allowed.
Routine Requests
As soon as a request is received from the requester via telephone, fax, e-mail, mail, in person, or by any other means, the request shall be processed or routed immediately to the school’s/department’s records custodian. Any custodian or designee who requires assistance in routing a public records request should immediately contact the PIC or, in that person’s absence, Public Affairs’ Executive Secretary, so that processing of the request is not delayed.
If a public records request is received from the requester by a school/department where the requested materials are located, the records custodian or designee should immediately process the request in-house. If any issues arise, the custodian or designee should communicate with the requester directly to seek clarification of the request, or consult the PIC within Public Affairs, for assistance.
Accordingly, upon receipt of a public records request School Board members, District employees, District agents, persons or entities acting on behalf of the School Board who that are subject to public records disclosure, and District advisory committees receiving requests for public records shall, as quickly as possible, make a diligent search and begin to collect and prepare to make available for inspection the requested public record documents to the requester for routine requests or, if necessary to complete the response pursuant to Paragraphs (19) and (20) below, by simultaneously forwarding the requests to Public Affairs. Upon receipt of a request, Public Affairs shall determine which District personnel and departments, if any, are to provide assistance in responding to the request.
If a department or school records custodian or designee receives a request that he or she is uncertain about – such as identifying what records are being sought, where records are located, or whether certain information may be exempt and subject to redactions, contact the PIC. Once the school or department records custodian has contacted the PIC and receives clarification for routing, the records custodian should, if he/she has not already done so, acknowledge the request immediately. If the requester seeks records located at that custodian’s school or department, the school or department records custodian will be required to either perform or oversee a diligent search for the records and then review the records for possible redactions to complete the request in a timely manner.
Records custodians should notify the requester within three (3) hours of receipt of the request and provide the requester with a good faith estimate of the reasonable time needed to comply with the request. If materials are readily available without exemptions, the response should be ready on the day they are requested or the next business day if the request is received late in the day. Do not delay release of material which is available while waiting to complete redaction of exempt or confidential material. Records can be sent piecemeal.
For routine requests handled directly by a department/school, the department/school is required to maintain documentation, such as a log of the request, the date of the response and the response, including documents provided, for use in the event an issue concerning the response arises later. Each records custodian MUST maintain a log of all public records requests received by his or her school or department. The Master Log must include the following information: date each public records request was made; the requester’s contact information, if known; description of the requested records; the departments/schools within the School District which have or may have responsive records; contact person responsible for fulfilling the request; any statutory exemption(s) which the custodian asserts is applicable to part or all of the public records request; a description of all public records produced to the requester for inspection and copied; and the dates(s) when the information such as public records were produced to the requester. The records custodian should contact the PIC with any questions regarding the Public Records Request Log.
If any of the responsive materials would be redacted or not provided based upon some exemption or confidentiality, the records custodian MUST provide to the requester a citation of the particular statutory exemption which is the basis of the withheld material. A list containing common exemptions can be found on the District’s web site.
Non-routine Requests
If a Board Member, District Agent, school or department records custodian receives a “complex” public records request (a request that requires the attention of more than one department/school or will require extensive use of staff time to comply - more than one hour), the receiving school or department records custodian must acknowledge the request immediately and then forward the request to the PIC for processing. In response to these complex requests, records custodians should inform the requester that he/she is in receipt of the public records request, that the request was forwarded to the Public Information Coordinator to send to the appropriate departments for processing, that someone will contact the requester when the record(s) is/are available or with another response and that they should contact the Pubic Information Coordinator within Public Affairs for any questions.
All departments and schools [employees or public records custodians] that receive public records requests verbally or otherwise, except for routine requests for documents that are readily available, shall fax or e-mail a copy of the request immediately or on the day of receipt to Public Affairs. (If the request remains verbal, the department receiving the verbal request shall at that time memorialize it in writing and fax or e-mail a copy to Public Affairs – while continuing to compile for inspection the requested records for the requester.)
Non-routine responses, or those requests requiring responses from more than one department, shall be coordinated through Public Affairs and that department will make a reasonable effort to determine from other officers or employees within the District whether such records exist and, if so, the location at which the records can be assessed.
For public records requests that Public Affairs coordinates, it shall maintain a master file containing either a description or actual copies of all public records material released, as well as the Master Log as described within Paragraph 16 above.
When an employee receives a request from Public Affairs or any records custodian to provide documents responsive to a request, it is expected that he or she would conduct a diligent search and retrieve and provide as quickly as possible all responsive public records to Public Affairs or records custodian, even if the employee believes that copies may be housed in another department. If the responsive documents cannot be provided immediately, the employee or the department receiving the request should quickly, within three hours of the original receipt of the request, notify Public Affairs as to an estimate of the earliest possible time and/or day when the documents will be ready for review by the requester. If some of the responsive records are available they should be provided piecemeal while waiting for the rest to the responsive records to be produced.
If the material requested: a) cannot be produced without extensive use of clerical or supervisory time in excess of one hour, b) would require extensive use of information technology resources, c) is not readily available, or d)is not in the format requested, a special service charge may be appropriate. Any special service charge in excess of $100.00 must be approved in advance by either the Chief Learning Officer or the Chief Operating Officer. This information needs to be provided to the requester or the PIC before the work compiling the records has commenced.
The department/school (for routine requests) and Public Affairs (for complex requests), must send a prompt acknowledgement to the requester. If the records request was originally made to a department or school but Public Affairs will be responding, the acknowledgement shall disclose the identity of the Public Information Coordinator to the person requesting to inspect or copy public records. If the responsive documents are voluminous in nature, rather than forwarding documents to Public Affairs, the requester may be asked to inspect responsive documents in the department of record and select specific documents for copying.
If fees or special service charges will be incurred as allowed under paragraphs (28) through (33) below, the department/school must promptly notify Public Affairs. Also, the department/school must notify Public Affairs if a 10-day letter is being or has been sent to an employee relating to the request for a personnel file document which contains derogatory information.[1]
If the document(s) requested are subject to any exemptions/redactions, the department/school should attempt to identify the exemption(s), and must make any necessary redactions, before release of the document, and cite to the requester the applicable exemption(s). Some common exemptions applicable to certain documents are listed on the Record’s Management Department’s web site. See paragraph (40) below. Assistance can be provided by the Department of Public Affairs or the Office of Chief Counsel. The release of non-exempt materials should not be delayed while making redactions or exemptions and may be provided in piece meal.
Access:
Unless exempt from public disclosure by law, District records, once located, retrieved, and redacted (if necessary), shall be made available for inspection or copying either at the Fulton-Holland Educational Services Center, located at 3300 Forest Hill Blvd., West Palm Beach, FL 33406, where the requester and the District agree, or at any other District office where such records are maintained, during the hours of 8:30 a.m. to 4:00 p.m., on weekdays when the District offices (or school, if applicable) are open.
However, when a deposit of estimated fees and charges is required pursuant to paragraph (33) below, the District will not proceed with the request until the District receives the amount requested for the deposit.
When access to records is granted, examination of the records will be made in the presence of the Records Custodian regularly responsible for maintenance of those records, the Public Affairs PIC, or a designee.
Whenever possible the public should be directed to the District’s free website and informed of the availability of public records that may be accessed without charge.
The requester has the right to come and examine the documents to avoid a charge for duplication. The requester must be advised of that option. However, if there are extraordinary costs associated with obtaining the material then a special service charge may be appropriate. If so, the requester must be notified in advance before any work is undertaken to produce the requested material. Once it is determined that the requester wants the documents produced and/or copied, it will be necessary for the records custodian to create an invoice/receipt for the charges and present it to the requester. The school/department will keep a copy of the receipt, marked paid when it receives the payment from the requester. Payment can be in cash, but a check or money order is preferable. All monies received should be handled in the same manner as any other receipts received by the school/department. The paid receipt must be placed in storage for auditing purposes.
Schedule of Fees
The District shall furnish a copy or certified copy of any non-confidential, non-exempt record upon payment of the fee prescribed in Fla. Stat. § 119.07 (4) (a) (b) and (c); 119.07 (3) (d), 119.07 (4) (e), or 119.01 (2) (f), (if applicable), or as noted in the Schedule of Fees in paragraph (29) below.
Fees charged for the duplication of public records or special services charges as set forth within this policy shall be collected, deposited, and accounted for in accordance with administrative procedures established by the Superintendent.
The following Schedule of Fees for duplication only, is established consistent with Fla. Stat. § 119.07 (4), shall be distributed, through this Policy, to each central office, and shall be updated as needed, so that fees can be communicated by all personnel to persons requesting public records. Wherever the term "actual cost" appears in this Schedule, it shall mean, as defined in Fla. Stat. § 119.011 (1) "the cost of the material and supplies used to duplicate the record, but it does not include the labor cost or overhead cost associated with such duplication".
| TYPE OF RECORD DUPLICATED | FEES |
| a. Legal page, one side | $0.15 |
| b. Letter page, one side | $0.15 |
| c. Legal page, double-sided | $0.20 |
| d. Letter page, double-sided | $0.20 |
| e. Audio tape | Actual cost (approx. $3.00 per tape) |
| f. Video tape | Actual cost (approx $5.00 per video) |
| g. Computer diskette | Acutal cost (approx. $0.45 per diskette) |
| h. Computer tape (cartridge) | Actual cost (approx. $5.35 per tape) |
| i. Computer tape (round) | Actual cost (approx. $10.00 per tape) |
| j. Aerial photos or large maps (if available) | Actual cost plus reasonable labor and overhead |
| k. CD | Actual cost (approx. $1.00) |
Note: Categories (29)(a)-(d) above may include non-exempt personnel records of current and former employees or non-employees, as well as non-exempt payroll records.
| ADDITIONAL SERVICES | FEES |
| l. Certified copy charge | $1.00 |
| m. Special service charge (for extensive use of technology resources and/or clerical/supervisory assistance) | (varies, but approx. average may be $25.00 per hour; see Paragraph (32) below) |
Regarding Public Records fees, Public Affairs has determined that if the information requested is less than seven pages or under $1.00, the department and school records custodians should waive the fee.
For any copies not listed above, the charge shall be limited to the actual cost of duplication, as defined in Fla. Stat. § 119.011 (1). For a single request where the copying charges would be $1.00 or less the District may determine not to charge. Normally, the District does not charge for travel time or retrieval costs for public records stored off-premises; however, a special service charge may be added for extensive use of clerical or supervisory assistance or extensive use of information technology resources, as provided in Paragraph (32), below.
Special Service Charge. -- If the nature or volume of public records requested to be inspected, examined, or copied is such as to require extensive use of information technology resources, or extensive clerical or supervisory assistance by personnel of the District, or both, the District may charge a reasonable special service charge, which shall be in addition to the duplication charge, pursuant to Fla. Stat. § 119.07 (4) (d). All special service charges in excess of $100.00 must first be approved by the District’s Chief Operating Officer or Chief Learning Officer.
The term “extensive use” means any time longer than one hour needed to complete all tasks defined in subparagraphs (i) and (ii) below:
The term "extensive use of clerical or supervisory assistance" includes any time that exceeds one hour used by staff in the location and retrieval of records; reviewing records for statutorily exempt information; preparing records for inspection or copying by redacting or excising exempt or confidential information from records prior to review or copying; monitoring of the inspection or copying of records when necessary to ensure the integrity of the records; and instructing, or supervising personnel in performing the foregoing tasks when responding to a particular public records request.
The term "extensive use of information technology resources" includes time that exceeds one hour used by staff in writing or executing software commands or setting up information technology resources. Under Fla. Stat. § 119.011 (9), "information technology resources" means "data processing hardware and software and services; communications, supplies, personnel, facility resources, maintenance, and training." The term does not include videotapes or VCRs.
The special service charge for "extensive use" may be based on either or both of the following, as applicable:
the cost incurred for extensive use of information technology resources; and/or
the labor cost actually incurred by, or attributable to, the District for clerical or supervisory assistance of the personnel providing the service.
When a special service charge is based, in whole or in part, on labor costs, the time may be computed to the nearest one-sixth (1/6th) of an hour, and the charge will be based on the current hourly rate of pay (including benefits) of the personnel whose time contributes to the "extensive use" of clerical or supervisory assistance required to fulfill the records request.
When "extensive use" consists of clerical tasks such as locating documents in a filing cabinet or making photocopies, the District may charge only a clerical rate even if, due to staff shortages, a more highly-paid person actually does the work.
However, when the "extensive use" consists of tasks that should be performed by an attorney, law clerk, or paralegal, such as reviewing materials for exemptions and confidential information requiring redaction, the District may reasonably charge the attorney's or law clerk's/paralegal's hourly salary (including benefits).
Deposit of Estimated Fees. -- Prior to the duplication of any public record, the District shall notify the requester of the estimated cost. Prior to the assessment of any special service charge, the District shall notify the requester if the information does not appear to be readily identifiable, possibly does not exist, or will require additional time to review and copy. Upon agreement by the requester and payment of a deposit based upon estimated charges, if any, the District will proceed to complete the request.
In the event the requester fails to remit additional monies to cover costs in excess of the monies deposited, the District may withhold releasing any public records produced pursuant to the request until those amounts are paid in full.
Each designated records custodian should familiarize themselves with the special services fees that can be found within this policy.
Public Records Requests for Cases in Litigation. -- In responding to public records requests involving lawsuits where the Board and/or its agent(s) is a party to the case, the PIC, with the assistance and input of the Office of Chief Counsel, will process all non-routine requests or those requiring responses from more than one department. Public Affairs and the Office of Chief Counsel and/or assigned outside counsel shall have access to and, upon request, be provided copies of records responsive to these requests, as well as the response. The Office of Chief Counsel shall handle routine requests, for documents maintained within its department, and those not requiring multiple department coordination as stated within paragraphs (11) through (17) above. The Office of Chief Counsel or assigned outside counsel shall be responsible to respond to discovery requests made during these lawsuits.
Employee Records Requests.
The Customer Relations Department within HR and other appropriate departments shall respond to requests from the employees, and employee unions, and other requesters for employee records in accordance with Fla. Stat. §§ 119.07, 119.071 and 1012.31.
Public Affairs shall have access to those personnel file records responsive to requests for such records. Pursuant to Fla. Stat. § 1012.31 (4), the District will provide or make available to the requester a copy of all requested non-exempt materials related to the employee’s employment whether contained in the official personnel file or not.
As required by law, upon receipt of a public records request for personnel records of a current or former employee, the department housing those records must ensure that the employee, pursuant to Fla. Stat. §1012.31 (2) (c) & (3) (a) 3, had received notice of any derogatory information at least ten days prior to allowing public inspection. The required ten-day notice is required by statute to be provided before the derogatory materials is placed in the employee’s personnel file. The employee has the right to respond and have attached his/her position relating to information contained in the file. The notice should be provided by the most expeditious method and shall be provided by either:
hand-delivery and the signing of the document to acknowledge receipt by the employee; if the employee refuses to sign, such refusal should be noted; or
certified mail, return receipt requested.
If the 10-day letter is sent by certified mail and the return receipt has not been received within two (2) weeks following the mailing, an attempt should be made to contact the employee and the Post Office to determine the status and when the documents were received.
If an attempt at such contact is unsuccessful (or if the certified-mail is returned as “refused by addressee”), it is suggested that the notice and information be forwarded to the employee’s supervisor immediately. The supervisor should hand-deliver the notice and information to the employee and obtain the employee’s signature on the photocopy. The materials would be open to public inspection 10 days after the hand-delivery.
If the District cannot verify mail delivery (or the certified mail is refused) and the supervisor cannot make alternative hand-delivery, the materials would be available for inspection 15 days after the mailing, if the District is open that day.
It is recommended that the employee be notified of the request as a courtesy, each time a request is made, with the name of the requester, if known; further, the letter should state that the employee may submit a response that would be provided to the requester when available. This action must not delay the response to the request.
Requests for Computer Data. -- The District shall not be obligated to create a new record or compile lists or information from various existing records to accommodate a public records request, except as set forth within this paragraph. As a general rule, the District is not required to reprogram its computers, compile lists of data, or merge data to create computer files or records not already in existence, in response to a public-records request. However, the Board acknowledges that some programming may be done (and a special service charge may apply pursuant to paragraph (32), above) in the circumstances recognized by the court in Seigle v. Barry, 422 So. 2d 63, 65 (Fla. 4th DCA 1982):
when such programming is needed to electronically redact (delete) confidential data from the computer file copy;
when the current form of a database does not fairly and meaningfully represent the records;
when an existing program was designed to access only a portion of the data fields contained in the existing electronic records; or
in other exceptional circumstances as determined by a court of competent jurisdiction.
Pursuant to Fla. Attorney General Opinion 97-39, the District shall not be required to furnish copies of its electronic public records in a format other than the standard format maintained by the District in accordance with Fla. Stat. § 119.01 (2) (f). The District is not required to incur additional costs to convert its existing electronic records which are maintained in a mainframe computer data system in some standard format into another format, pursuant to Fla. Attorney General Opinion 97-39. Electronic copies of non-exempt computer files will be provided in the format in which they are maintained by the District, pursuant to Fla. Attorney General Opinion 91-61.
E-mail.-- Many e-mail messages created or received in the transaction of official District business are public records open to public inspection pursuant to Fla. Stat. §§119.01 and 119.07. The content is the critical factor, rather than the medium. Depending on the context and topic of a particular message and the District’s approved retention schedule, the E-mail may or may not be exempt from public inspection under Florida’s Public Records Law. Each user is individually responsible for maintaining the public accessibility of his/her own incoming and outgoing e-mail messages as required by the Public Records Law. Questions relating to whether or not the content of a particular e-mail message constitutes a public record or is covered by an exemption should be directed to Public Affairs or the Office of Chief Counsel.
Redaction of Exempt and Confidential Information. -- District personnel responding to a public records request should follow these steps: a) determine if the requested document is a public record under Fla. Stat. § 119.011(11); b) review the document to see if any exemptions or confidentiality requirements apply under state or federal law; and c) disclose the non-exempt/non-confidential material.
If a requested record or part of a record is confidential or exempt from inspection and copying under state or federal law, the records custodian will redact the exempt or confidential information and must state the basis and statutory citation for the exemption.
The records custodian must ensure that all exempt information is redacted before it is submitted to the requester and/or the PIC in Public Affairs and that no redactions are made on the original document.
When a student record or report contains information on more than one student, the other students' names must be redacted so that a parent/guardian can receive or review only the part pertaining to his/her child, in accordance with Fla. Stat. § 1002.22. Additionally, certain types of documents that may contain identifying information concerning students, such as personnel investigation reports (Johnson v. Deluz 875 So. 2d 1) (Fla. 4th DCA 2004) and certain lawsuit filings by students (Fla. Attorney General Opinion 2006-21) are not considered student educational records, although any personally-identifiable students information in those records must be redacted from the documents before they are provided for public inspection.
Summary of Common Exemptions and Confidentiality Requirements. -- On the School District's Records Management Department Web site can be found a brief summary of some common types of records that may be maintained by the District and which are "exempt" or "confidential and exempt" from public records disclosure. This list includes some of the records exemptions as provided by state or federal law. (For a more comprehensive listing, refer to Part II of the annual Attorney General's Government-in-the-Sunshine-Law Manual) or the First Amendment Foundation website [Note: The list is not intended to be comprehensive]
Handling Subpoenas for Documents.
The Customer Relations Department within Human Resources and other appropriate departments shall respond to subpoenas requiring the production of personnel records. The Division of Grants Administration and School Reform Accountability Services shall respond to subpoenas requiring the production of student records. The Office of the Chief Counsel, or assigned outside counsel, shall respond to subpoenas involving lawsuits where the Board or its agent in his/her official capacity is a party to the case. Public Affairs shall have access to each department’s records involving their responses to such subpoenas. All other subpoenas for documents shall be processed through Public Affairs. If, however, a subpoena is directed to a particular individual or department for testimony as well as the production of documents, that person or department should coordinate the production with HR, Public Affairs, or the Office of Chief Counsel, as stated above.
Generally:
District personnel may consult with Public Affairs and the Office of Chief Counsel with questions about compliance with the provisions of this Policy.
The District will provide training to Records Custodians relating to the provisions of this policy.
The Superintendent may issue bulletins consistent with this policy concerning responding to public records requests or subpoenas.
| STATUTORY AUTHORITY: | Fla. Stat. §§ 1001.41(1) & (2); 1001.42 (25); 1001.43(6) |
| LAWS IMPLEMENTED: | 119.01; 119.011; 119.07; 119.071; 1002.22; 1002.221; 1001.42 (11), 1012.31; 20 U.S.C. 1232g; 37 CFR Part 99 |
| HISTORY: | 5/19/99; 10/14/2002; 9/1/2010 |
[1] Note, per Florida Statute, no derogatory information may be placed within an employee’s personnel file without providing the employee a ten-day notice.