|The School Board of Monroe County|
|Bylaws & Policies|
8310 - PUBLIC RECORDS
The School Board recognizes its responsibility to maintain the public records of this District and to make such records available for inspection and reproduction.
Exemptions from Public Records
"Public Records" are defined in State statutes; however, "public records" 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.
Personally identifiable information of a dependent child of a current or former officer or employee of the School District, who is insured by a group insurance plan provided by the District, is exempt from public records requirements as set forth in the State Constitution and State statutes. This exemption applies to all personally identifiable information held by the District.
The identity of a school or postsecondary educational institution, the personally identifiable information of any District personnel, or any specific allegations of misconduct obtained or reported pursuant to an investigation of a testing impropriety conducted by the Department of Education are confidential and exempt from the constitutional public records provisions until the conclusion of the investigation or until such time as the investigation ceases to be active.
Access to Public Records
Pursuant to State law, the Superintendent shall appoint a Records Management Liaison Officer (RMLO), who shall serve as the primary point of contact between the District and the Division of Library and Information Services of the Florida Department of State, which is the agency responsible for the State's records management program. The Superintendent may also appoint a Custodian of Records for the District who shall be responsible for implementing the requirements in State law and the State's records management program regarding the public records maintained by the District.
Any individual may inspect and request copies of public records of this District during the regular business hours of the office in which such records are maintained. The District may not require requests for public records to be in writing, nor may the person requesting the information be required to disclose name, address, or phone number unless specifically required to do so by law. The Custodian of Records is authorized to grant or refuse access to the records of this District in accordance with the intent of this policy and applicable law.
Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision of the custodian of public records.
A District employee who has custody of public records may designate another District employee to permit the inspection and copying of public records, but must disclose the identity of the designee to the person requesting to inspect or copy the public records.
A custodian of public records and/or his/her designee must promptly 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 – Confidentiality.
Duplicated copies or certified copies of the District's public records shall be provided upon payment of the appropriate fee set forth in the Florida statutes. If the nature or volume of the public records requested 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.
In addition, the actual cost of duplication will be collected for copies of the District's public records in a form other than a duplicated copy. The special service charge will also be collected if the requested copies of the public records in a form other than duplicated copy will require extensive use of information technology resources or more than fifteen (15) minutes of clerical or supervisory assistance by District personnel as permitted by State law.
If the request for copies of a public record in any form could result in the collection of a special service charge, an estimate of the fee that will be due and payable shall be provided to the requestor. The duplication of the requested records will commence upon payment of the estimated fee by the requestor.
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 in accordance with 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)
© Neola 2011