8310 - INSPECTION OF PUBLIC RECORDS
The Board recognizes its responsibility to maintain the public records of this District and to make such records available to residents of Florida for inspection and reproduction.
"Public Records" are defined by F.S. 119.011(1), as:
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.
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, under reasonable conditions, and under supervision by the custodian of the public record or a designee. Reasonable time is defined as during the regular business hours of the office in which such records are maintained, provided that advance notice of such intended inspection has been given the custodian of the records not less than two (2) working days before the inspection. Inspection cannot be delayed longer than two (2) weeks unless agreeable with the person making the request.
When an individual asks to copy a public record, agencies have the right to charge the fee prescribed by law. The fee for duplicated copies of letter-sized photocopies should be no more than fifteen cents ($.15) per one-sided copy; the fee for legal-sized photocopies should be at maximum twenty cents ($.20) per one-sided-copy and one dollar ($1.00) per page can be charged for a certified copy of a public record. There cannot be a fee charged to an individual if only inspection takes place and no photocopies are produced. However, 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 District personnel, in addition to the actual cost of duplication, a special service charge based on the actual labor cost incurred by the department or school may be charged. No public record may be removed from the office in which it is maintained, except by a Board officer or employee in the course of the performance of his/her duties.
Not every record generated by local and State government is open for inspection. The public records exempt from viewing are covered in F.S. Chapter 119.07(3)(b) – (z) including but not limited to the following:
Active criminal investigation information.
Information revealing the identity of a confidential informant or source.
Criminal investigation information that identifies the victim of crime of sexual battery, lewd or lascivious act, or a victim of child abuse is exempted from disclosure.
Any document that reveals the identity, home, or employment telephone number, home or employment address, or personal assets of the victim of a crime is exempted.
The home addresses, telephone numbers, social security numbers, and photographs of active or former law enforcement personnel, correctional or probation officers, personnel of the Department of Children and Family Services whose duties include investigating criminal activities, personnel of the Department of Health whose duties include investigating child abuse or neglect, firefighters, justices of the Supreme Court, district court of appeal judges, circuit court judges, county court judges, former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors, county and municipal code inspectors and code enforcement officers who have submitted a written request for confidentiality to the custodial agent. Home addresses, telephone numbers, social security numbers, and photographs of the spouses and children of the above people are also protected by exemption.
Sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals.
Any financial statement required of a prospective bidder in order to submit a bid or proposal.
Computer software obtained by an agency under a licensing agreement which prohibits its disclosure and identifies the software as a trade secret.
All records that relate to an active complaint of discrimination relating to race, color, religion, sex, national origin, age, handicap, or marital status.
Medical information pertaining to a prospective or current employee is exempt unless permission to disclose is given by the person to whom the information pertains or the person’s legal representative pursuant to court order.
The social security numbers of all current and former employees are exempt from public record viewing.
The audit report of an internal auditor before the audit becomes final is exempt from viewing. When the audit report is released to the District, it becomes public record.
The above is a summarized listing of exemptions and is not intended to replace or interpret the actual law in F.S. Chapter 119.07(3) (b) – (z). Government records are open to public inspection unless otherwise exempted. Only the legislature can grant such an exemption. The Superintendent, or his/her designee, is authorized to grant or refuse access to the records of this District in accordance with the intent of this policy. However, an exemption from inspection does not exempt the records from the requirement of retention and disposition. All District records will be maintained in accordance with general records schedules GS1-L, GS1-S and GS7.
© Brevard County Public Schools 2002