Scott to charge for public records

The office of Gov. Rick Scott will now be charging for public records requests, under a new policy announced today.

It’s not entirely unheard of. Members of the press corps who have been around for awhile are noting that this practice was common under Jeb Bush, though it was reduced considerably under Charlie Crist, whose staff would sometimes go out of their way to process requests quickly at no charge.

The release notes that “recently, processing a tremendous increase in public records requests has taken a great toll on existing information technology and other labor resources.”

Here’s the full text:

Governor Rick Scott is committed to providing Floridians with access to information with which they can hold government accountable.  To provide full and expeditious compliance with Florida’s open government and public records laws, Governor Scott issued Executive Order 11-03, re-establishing the Office of Open Government.

Recently, processing a tremendous increase in public records requests has taken a great toll on existing information technology and other labor resources.  The nature and volume of requests and a need for legal review of certain documents and files, combined with duplicating and other material costs, significantly increase the cost to the taxpayer.

Under these circumstances and in recognition of our need for fiscal restraint, taxpayers can no longer absorb all of these costs.

Therefore, in accordance with section 119.07, Florida Statutes, the Executive Office of the Governor has adopted a cost recovery policy, effective immediately.  This policy will enable the office to properly respond to all requests while remaining accountable to taxpayers.

Cost Recovery Charges

Estimates:

Upon receiving requests for public records, the Office of Open Government will provide an itemized estimate to the person initiating the request. The estimate will include the hours required, the estimated service charge for extensive labor, and actual duplicating or other material costs.

If upon receiving an initial estimate of charges a request is changed or otherwise limited in scope (limiting individuals or agency divisions, for example), the person initiating the request will be provided with a new estimate of charges.

Fee Guidelines – Special Service Charge:

The Executive Office of the Governor is committed to being as accessible as possible while remaining accountable to taxpayers. Therefore, the following cost recovery policy has been established:

• A special service charge will be imposed if the nature or volume of public records requested to be inspected or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both.
• Clerical or supervisory assistance includes searching for and or locating the requested record, reviewing for statutorily exempt information, deletion of statutorily exempt information, and preparing, copying, and re-filing of the requested record.
• Such charge is in addition to the actual cost of duplication.

o   A special service charge will be warranted if the nature or volume of the public records requested to be inspected or copied requires more than 30 minutes of agency resources.

o   If multiple agency divisions are involved, the special service charge will be based on the aggregate amount of time expended by all personnel and information technology resources, if applicable.

o   The charge for clerical or supervisory resources will be no greater than the hourly rate, including benefits, of the lowest paid personnel capable of providing such services.

o   In those cases where legal review is necessary, the charge will be at the lowest attorney rate (salary and benefits) in the Office of General Counsel.

o   The Office of Open Government will not pass along its costs for processing and facilitating requests.

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