Policy 2.041

Public Records

1. The term "public records," as defined in Fla. Stat. § 119.011(1), includes "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 the Board and District School System.

2. Public records shall be maintained in accordance with the District's Retention Schedule (currently available online at http://www.palmbeach.k12.fl.us/Records/Records.htm), approved under Fla. Stat. § 119.01(4).

3. Persons may request public records either verbally or in writing. Requesters are encouraged to submit requests in writing to expedite accurate processing of their requests. Requests should be sufficiently detailed to identify the documents sought to be examined or copied.

4. Public records requests are applicable to non-exempt, non-confidential portions of existing 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.

5. School Board members, District employees and agents, and advisory committees receiving requests for public records shall coordinate responses through the Office of Public Affairs, and the Office of Public Affairs shall determine which District personnel and departments are to provide assistance in responding to the request.

1. All departments that receive public records requests shall fax them on the day of receipt to the Office of Public Affairs. (If the request was verbal, the department receiving the verbal request shall memorialize it in writing and fax a copy to the Office of Public Affairs.)

2. For purposes of Section (5), the term "District agent" means any public or private agency, company, organization, or person acting on behalf of the District and subject to the requirements of Fla. Stat. § 119.07(1).

3. School principals/designees receiving public records requests should inform the Office of Public Affairs of all records requests except routine inquiries from media reporters.

4. The Office of Public Affairs shall maintain a master file containing either a description or actual copies of all public records material released.

6. 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, or at any other District office where such records are maintained, during the hours of 8:30 a.m. to 4:00 p.m., Monday through Friday. However, when a deposit of estimated fees and charges is required pursuant to Section (11), the District will not proceed with the request until the estimated funds are deposited.

7. 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(1)(a) or (b) or 119.08(3) (if applicable), or as noted in the Schedule of Fees in Section (9).

8. The following Schedule of Fees, established consistent with Fla. Stat. § 119.07(1), 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 "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," as defined in Fla. Stat. § 119.07(1)(a).

9. For any copies not listed above, the charge shall be limited to the actual cost of duplication, as defined in Fla. Stat. § 119.07(1)(a). Thus, 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 Section (10), below.

10. 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(1)(b).

1. The term "extensive use" means any time longer than one hour needed to complete all tasks defined in subparagraphs (i) and (ii) below:

1. The term "extensive use of clerical or supervisory assistance" includes longer than one hour of locating and retrieving 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.

2. The term "extensive use of information technology resources" includes longer than one hour of writing or executing software commands or setting up information technology resources. Under Fla. Stat. § 119.07(1)(b), the term shall include data processing hardware, software, or services; and/or communications, supplies, personnel, facility resources, maintenance, and technology training required to fulfill a given public records request. The term does not include videotapes or VCRs.

2. The special service charge for "extensive use" may be based on either or both of the following, as applicable:

1. the cost incurred for extensive use of information technology resources; and/or

2. the labor cost actually incurred by, or attributable to, the District for clerical or supervisory assistance of the personnel providing the service.

1. 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 (excluding benefits) of the personnel whose time contributes to the "extensive use" of clerical or supervisory assistance required to fulfil the records request.

2. As stated in the Attorney General's Government-in-the-Sunshine-Law Manual 2002, Part II, § L.7.c(2), when "extensive use" consists of clerical tasks such as locating documents in a filing cabinet or making photocopies, the District will charge a clerical rate even if, due to staff shortages, a more highly-paid person actually does the work.

3. 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 (excluding benefits), as explained in the Attorney General's Government-in-the-Sunshine-Law Manual 2002, Part II, § L.7.c(2),.

11. 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 estimated charges, if any, the District will proceed to complete the request.

1. Of the monies deposited with the District for fulfillment of a public records request, those in excess of the actual costs incurred to fulfill the request will be refunded to the requester; or, in the alternative, the requester shall be required to remit additional monies to pay for any costs in excess of the monies deposited with the District.

2. 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.

12. Handling Subpoenas.-- The Department of Employee Records & Information Services shall respond to subpoenas involving personnel records. The Office of the Student Services shall respond to subpoenas involving student records. The Office of the Chief Counsel shall respond to subpoenas involving law suits where the Board is a party to the case. The Office of Public Affairs shall have access to each department's records involving their responses to such subpoenas.

13. Other Litigation-Related Requests.-- The Office of the Chief Counsel shall have the primary responsibility for responding to public records requests involving lawsuits where the Board is a party to the case. The Office of Public Affairs shall have access to records involving the Chief Counsel's response to requests for such records.

14. Employee Records Requests.-- The Department of Employee Records & Information Services shall respond to requests from the employees and employee unions for employee records in accordance with Fla. Stat. §§ 119.07(3) and 231.291. The Office of Public Information shall have access to the Department of Employee Records & Information Services records involving responses to requests for such records.

15. Requests for Computer Data.-- 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 Section (10), above) in the circumstances recognized by the court in Seigle v. Barry, 422 So. 2d 63, 65 (Fla. 4th DCA 1982):

1. when such programming is needed to electronically redact (delete) confidential data from the computer file copy;

2. when the current form of a database does not fairly and meaningfully represent the records;

3. when an existing program was designed to access only a portion of the data fields contained in the existing electronic records; or

4. in other exceptional circumstances as determined by a court of competent jurisdiction.

16. 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 routinely maintained by the District in accordance with Fla. Stat. § 119.083(5). 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.

17. 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. 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 the Public Affairs Office or the Office of Chief Counsel.

18. 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; 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.

1. 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.

2. Unlike other records, pupil records are not permitted to be released in redacted form, due to privacy requirements for pupil records and reports under Fla. Stat. § 228.093(3)(d); but it may be permissible to provide a summary of certain documents pursuant to DOE General Counsel's Opinion 02-01.

3. A limited exception to the "no redaction" rule of paragraph (b) may apply when a pupil record or report contains information on more than one student. Under this exception, 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. § 228.093(3)(a)2.

19. Summary of Common Exemptions and Confidentiality Requirements. 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 disclosure includes, but is not limited to, the following records and others 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, available online at http://legal.firn.edu/sunshine/index.html) (note: the following list is not intended to be comprehensive):

1. Educational records: personally identifiable pupil records or reports and any personal information contained therein, pursuant to Fla. Stat. § 228.093, and pupil cumulative records under § 232.23(1) (unless an exception applies under § 228.093(3)(d));

2. Generally, any letters discussing pupils, received by Board members, the Superintendent, or other District personnel, which constitute pupil records under Fla. Stat. § 228.093, as determined in DOE General Counsel's Opinion 02-01;

3. Records created as a result of exceptional student hearings, in accordance with § Fla. Stat. 230.23(4)(m)5;

4. Juvenile justice records received by the dropout prevention program pursuant to Fla. Stat. § 230.2316(8);

5. Various law enforcement records specified in Fla. Stat. § 119.07(3)(b) - (k);

6. Social security numbers of all current and former employees, contained in employment records under Fla. Stat. §§ 119.07(3)(x) and 231.291(4);

7. Various portions of personnel records as specified in Fla. Stat. §§ 119.07(3) and 231.291, and as defined in § 231.291(4) and interpreted in DOE General Counsel's Opinion 02-01, Advisory Opinions of the Florida Attorney General, and Florida court decisions;

8. Bank account numbers or debit, charge, or credit card numbers given to the District for the purpose of payment of any fee or debt, pursuant to Fla. Stat. § 119.07(3)(z);

9. Personnel complaints or complaints of discrimination, during the investigation, if a investigation is begun, in accordance with Fla. Stat. § 231.291, 231.262(4), or 119.07(3)(u);

10. Lists of retiree names and addresses, pursuant to Fla. Stat. § 121.031(5);

11. School Police officers: The home addresses, telephone numbers, and places of employment of the spouses and children of School Police officers and the names and locations of the schools and day care facilities attended by their children, pursuant to Fla. Stat. § 119.07(3)(i);

12. Certain employees: The home addresses, telephone numbers, and places of employment of the spouses and children (and the names and locations of the schools and day care facilities attended by their children) of certain employees, such as any who are former prosecutors; or current and former human resources, labor relations, or employee relations directors, assistant directors, managers, or assistant managers, whose duties include(d) hiring and firing employees, labor contract negotiation, administration, or other personnel-related duties, as specified in Fla. Stat. § 119.07(3)(i);

13. Answer sheets and examination questions of exams administered by the District for employment purposes, in accordance with Fla. Stat. § 119.07(3)(a);

14. Medical information pertaining to a prospective, current, or former Board members or District employee which, if disclosed, would identify that person, in accordance with Fla. Stat. § 119.07(3)(v); and information relating to the medical condition or status of any person covered by District insurance benefits, under Fla. Stat. § 760.50(5);

15. The identify of a whistle-blower (and, if there is an investigation, other information received during the investigation) under Fla. Stat. § 112.3188;

16. Ridesharing information provided to the District for the purpose of forming a ridesharing arrangement, pursuant to Fla. Stat.§ 119.07(3)(j);

17. Appraisals, offers, and counter offers relating to the purchase of real property pursuant to Fla. Stat. § 235.054;

18. Sealed responses to request for bids or proposals, until such time as they are publicly opened pursuant to Fla. Stat. §119.07(3)(m);

19. The District Auditor's workpapers, notes, and preliminary or draft reports, until the audit is completed by providing the final report to the School Board, as set forth in Fla. Stat. § 119.07(3)(z) and Ch. 95-399 § 2, Laws of Fla.;

20. Legal work product prepared by an attorney exclusively for civil or criminal litigation pursuant to Fla. Stat. § 119.07(3)(l);

21. Data processing software obtained under a licensing agreement which prevents its disclosure, and data processing software designated by the Board as "sensitive" pursuant to Fla. Stat. § 119.083;

22. The identity of donors and prospective donors to direct-support organizations, in accordance with Fla. Stat. § 237.40(4);

23. Work product developed in preparation for collective bargaining pursuant to Fla. Stat. § 447.605; and

24. Various other exemptions and confidentiality requirements set forth in Fla. Stat. § 119.07 and other state and federal statutory provisions, as explained in Part II of the annual Attorney General's Government-in-the-Sunshine-Law Manual.

20. District personnel may consult with the Office of Chief Counsel with questions about compliance with the provisions of this Policy.

21. This Policy shall be interpreted consistent with Florida and federal law.