The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

8310 - PUBLIC RECORDS

Public records shall be maintained and made available for inspection and reproduction as required by law.

"Public Records" are defined in State law but do not include student records, medical records, documents containing genetic information, trial preparation records, confidential law enforcement investigatory records, records of release of which is prohibited by State or Federal law, and any other exceptions set forth in Florida Law. Confidential law enforcement investigatory records, medication records, and trial preparation records are as defined in Florida law.

Access to personnel records and records containing exempt or confidential information may be restricted according to F.S. 1012.31, and other applicable laws.

Access to Public Records

The Superintendent has designated the Office of Public Relations to be responsible for handling public records requests and the department shall designate a person or persons to coordinate requests. An individual may inspect and request copies of public records during regular business hours.

Public records requests may be made verbally or in writing. Persons requesting public records shall be encouraged to submit requests in writing to expedite accurate processing of their requests. Verbal requests shall be documented in writing by the person receiving the request and verified by the person making the verbal request in order to expedite accurate processing of requests. Requests should be sufficiently detailed to identify the documents sought to be examined.

A custodian of public records and/or designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making reasonable efforts to determine from other officers or employees of the School District whether such a record exists, and, if so, the location at which the record can be accessed. Upon determination that the requested record exists, it must be reviewed to determine whether it contains any information that would be statutorily exempt from public inspection or copying as provided by law. See Policy 8350.

Duplicated copies or certified copies of the District's public records shall be provided upon payment of the fee provided in Florida law. If the nature or volume of the public records requested to be copied or inspected will require extensive use of information technology resources or more than fifteen (15) minutes of clerical or supervisory assistance by District personnel, a special service charge attributable to the extensive use of the information technology resources and/or the labor cost of the personnel providing the service will be collected as permitted by State law.

The actual cost of duplication will also be charged for copies of the District's public records in a form other than a duplicated copy.

If the request for copies or inspection of a public record in any form could result in a special service charge, an estimate of the fee that will be due and payable shall be provided to the requestor. The production/duplication of the requested records will commence upon payment of the estimated fee by the requestor.

Whenever possible the public should be directed to the School District’s free website and informed of the availability of public records that may be accessed without charge.

Pursuant to F.S. 119.07(4), charges for copies are as follows:

 A.Up to $0.15 per one (1) one-sided copy for duplicated copies of not more than 14 inches by 8 ˝ inches;

 B.No more than an additional $0.05 for each two-sided copy; and

 C.For all other copies, the actual cost of duplication of the public record.

 D.A charge of $1.00 per copy for a certified copy of a public record, if certification is possible.

These charges shall change automatically if the state statutory charges are revised.

Inspector General

The Board’s Inspector General shall be entitled to request and receive public records without charge when the Inspector General states that such records are needed for an audit, examination, or investigation. The Inspector General shall maintain the exempt or confidential status of public records. (see also Policy 0157)

No public record may be removed from the office in which it is maintained, except by a Board employee in the course of the performance of his/her duties.

All District records will be maintained according to general records schedules GS1-SL and GS7, as established by the Department of State.

F.S. 119.07, 119.011(11), 257, 257.36(5)(a)
20 U.S.C. 1232g
42 U.S.C. 2000ff et seq., The Genetic Information Nondiscrimination Act
29 C.F.R. Part 1635

Article I, Section 24, State Constitution
F.A.C. 1B-24.001, 1B-24.003, 1B-26.0021, 1B-26.003
FL Atty. Gen. Opinion 00-11
579 So.2d 267 (1st DCA 1991)
Board of County Commissions of Highlands County v. Colby (FL 2d DCA 2008)