Resolution No. 25-91RESOLUTION NO. 25-91
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ADOPTING A REVISED PUBLIC RECORDS REQUEST POLICY;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, responding to a public records request is an important governmental service; and
WHEREAS, the City of Atlantic Beach is committed to providing a high level of service, in an
open and transparent setting to assist the public in their right to inspect and obtain copies of City records,
in accordance with Florida law; and
WHEREAS, information and procedures are necessary to carry out the City's powers and
responsibilities, the City Commission, wishes to adopt a revised Public Records Request Policy.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1. The City Commission hereby adopts the revised Public Records Request Policy
as set forth in Exhibit A, attached hereto and made a part hereof.
SECTION 2. In the event of any conflict between the provision of this resolution and any other
resolution or portions thereof, the provisions of this resolution shall prevail to the extent of such conflict.
SECTION 3. If any word, phrase, clause, paragraph, section or provision of this Resolution is
held invalid, unconstitutional, or unenforceable, the remainder of the resolution, or portions thereof,
shall be deemed severable, shall not be affected, and shall remain in full force and effect.
SECTION 4. This Resolution shall take effect on January 1, 2026.
PASSED AND ADOPTED by the City of Atlantic Beach, this 27th day of October, 2025.
C- - W, /I
Curtis Ford, Mayo
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jaso r ity Attorney
EXHIBIT A
CITY OF ATLANTIC BEACH
PUBLIC RECORDS REQUEST POLICY
PURPOSE
The purpose of this Policy is to provide information and procedures necessary to process
public records requests, excluding police records, in a uniform and timely manner. The City
of Atlantic Beach ("City") is committed to providing a high level of service in an open,
transparent setting to assist the public in their right to inspect and obtain copies of City records.
II. SCOPE
This Policy shall apply to all City of Atlantic Beach employees, board/committee members,
and officials; however, this policy is not applicable to requests for Police Records. All City
employees and officials should understand that responding to a public records request is a
governmental service and there is a responsibility to act accordingly.
III. STATEMENT OF POLICY
It is the policy of the City of Atlantic Beach to abide by the requirements of Article 1, Section
24, Florida Constitution and Chapters 119 & 286, Florida Statute, and permit Public Records
to be inspected and/or copied by any person, at any reasonable time, under reasonable
conditions, and under supervision by the Custodian of the Public Record.
IV. DEFINITIONS
A. Actual Cost of Duplication: The cost of the material and supplies used to duplicate the
public record. This does not include "special service charge".
B. Custodian of the Public Record: The elected or appointed state, county, or municipal
officer charged with the responsibility of maintaining the office having public records, or
his or her designee. Custodianship of public records is the responsibility of all employees
having supervision and control over agency records or the legal responsibility for the care,
keeping, or guardianship of said records.
C. Exemption: A provision of general law which provides that a specified record or meeting,
or portion thereof, is not subject to the access requirements of s. 119.07(1), s. 286.011,
Florida Statutes or s. 24, Art. I, Florida Constitution.
D. Extensive shall mean requests for Public Records that require thirty (30) minutes or more
to process including the time it takes to locate; retrieve; review for statutorily exempt or
confidential/exempt information; redact; prepare, copy, re -file, and/or supervise the
inspection of the requested records.
E. Fees: Florida Statutes, § 119.07(4)(d) provides "If the nature or volume of public records
requested to be inspected or copied pursuant to this subsection 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, the agency may charge, in
addition to the actual cost of duplication, a special service charge, which shall be
reasonable and shall be based on the cost incurred for such extensive use of information
technology resources or the labor cost of the personnel providing the service that is
actually incurred by the agency or attributable to the agency for the clerical or supervisory
assistance required, or both."
The City of Atlantic Beach establishes its fees and charges by ordinance. (Refer to City
Code Sec. 2-368. - Fees and charges.)
F. Public Records means all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings or other material, regardless of physical form or 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. Format, media type or duplication
does not affect the public record status of information created or received by a public
agency.
G. Readily -Available Documents are those documents identified by the custodian, in
coordination with the Department, as being regularly requested and routinely available
for distribution to the public.
H. Reasonable Time: A reasonable timeframe for processing a request — based on normal
operating hours - is dependent upon the volume of records requested and will be
determined by the City Clerk or his/her designee.
Redact means to conceal from a copy of an original public record, or to conceal from an
electronic image that is available for public viewing, that portion of the record containing
exempt and/or confidential information.
J. Special Service Charge shall be reasonable and based on the cost incurred for such
extensive use of information technology resources or the labor cost of the personnel
providing the service that is actually incurred by the agency or attributable to the agency
for the clerical or supervisory assistance required, or both."
V. GENERAL RULES AND STATUTORY GUIDELINES
A. 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 by the custodian of the public record.
B. The right of access only applies to:
(1) those records defined as Public Records pursuant to Chapter 119, Florida
Statute, and
(2) existing documents. Florida's Public Records Law does not require the creation of a
record that does not already exist in order to respond to a request.
C. Pursuant to Section 119.07(1)(b), Florida Statutes, a custodian of public records or a
person having custody of public records may designate another officer or employee of
the City 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 public records.
EXHIBIT A to Resolution No. 25-91 Page 2 of 6
D. At all times, the City will provide safeguards to protect the contents of Public Records
from alteration and to prevent disclosure or modification of those portions of Public
Records which are exempt, or confidential and exempt, as provided by law.
E. The City may receive a public records request in a variety of formats. A request can be
submitted both verbally and in writing.
The City shall not require the requestor to...
(1) make the request in writing, except as required by law.
(2) disclose his or her name, address, telephone number or other identifying information
to the custodian, except as required by law.
(3) provide a reason or justification for the request.
However, it is permissible to question a requestor about a public record request for
clarification purposes to assist in keeping the costs reasonable for the requestor.
F. The city shall provide all requested public records in the format requested if the record is
maintained in that format.
G. The city shall acknowledge all requests to inspect or copy public records promptly and in
good faith.
H. The city shall make every effort to respond fully to all public records requests within a
reasonable period of time as determined by the volume and complexity of the request.
Information contained in public records that is exempt or confidential and exempt
pursuant to state or federal law, will be redacted prior to release of all requested public
records.
(1) If the city contends that all or part of the requested record is exempt from inspection
and/or copying, the city shall state the basis for the conclusion that the cited exemption
applies to the requested records, including the statutory citation.
(2) If requested, the city shall state in writing and with particularity the reasons for the
conclusion that the record is exempt or confidential.
J. The custodian of public record or his/her designee shall furnish a copy or a certified copy
of the record upon payment of authorized fees.
VI. FEES
A. The City establishes its fees by ordinance and in accordance with Section 119.07(4),
Florida Statutes.
EXHIBIT A to Resolution No. 25-91 Page 3 of 6
VII. KEY POSITIONS AND ASSIGNMENTS
A. Primary Agency Custodian (PAC) & Records Management Liaison Officer (RMLO)
The city clerk serves as the City's PAC and RMLO of City records, charged with
administering the agency records management program, including overseeing the
inspection and copying of public records. Pursuant to s. 119.07(1)(b), F.S., may
designate another officer or employee of the agency to permit the inspection and copying
of any public record.
B. Public Records Request Coordinator (PRRC) — City Clerk's Office
The PRRC, designated by the City Clerk, will coordinate and oversee the fulfillment of
Public Records Requests pursuant to Article 1, Section 24, Florida Constitution and
Chapter 119, Florida Statutes, Florida's Public Records Law. The PRRC coordinates
with management, the PAC/RMLO, and Department Records Coordinators to ensure
that all Public Records Requests are fulfilled promptly and accurately.
C. Department Records Coordinators (DRC)
Each department head will designate at least one Records Coordinator and one back-
up to work with the City Clerk's Office to ensure department records are timely provided.
The City Clerk's Office will maintain a list of designated employees from each
department.
a. A Records Coordinator is a department's contact person for the City Clerk's
Office related to that department's public records. The Records Coordinator is
responsible for working with the City Clerk's Office to ensure the appropriate
handling of all public records requested from the department.
b. Each Records Coordinator will use the electronic records request system to
track, respond, and coordinate the delivery of requested records. Training will
be provided by the City Clerk's Office.
VIII. PROCEDURES
A. Routing/Processing Requests - All public record requests should be processed during the
City's normal operating hours of 8:00 a.m. — 5:00 p.m., Monday through Friday (excluding
City Observed Holidays).
(1) Requests to City Clerk's Office. The City Clerk's Office will coordinate and monitor
the fulfillment of all public records requests it receives. The City Clerk's Office will
coordinate with Department Records Coordinators, when needed to respond to a
request.
(2) Requests to Employees and Others. All who receives a public records request
directly from a requestor must ensure that the request is properly processed.
a. Readily -Available Documents. A readily -available document must be provided
upon request. Requests for readily -available documents may be processed by
the Department having custody of the requested documents.
EXHIBIT A to Resolution No. 25-91 Page 4 of 6
b. All Other Public Records. A request for public records that are not readily -
available documents must be immediately sent to the City Clerk's Office at a
designated email address. The email should include the complete text of the
request, the date the request was received, the department involved, and the
contact information of the requestor if known. As provided in Section V.E.(2),
above, a requestor is not required to provide a name or contact information.
(3) Any subpoenas or litigation discovery requests shall be referred to the City Clerk
and coordinated with the City Attorney for processing.
(4) The City Clerk's Office will notify the requestor of the City's receipt of the public
records request; coordinate with each applicable DRC to obtain cost and time
estimates; notify the requestor of any estimated cost and time frame anticipated to
process the request; ask the requestor to accept the estimate and, if applicable, pay
the deposit prior to preparing the documents.
B. Extensive Requests - When 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
agency involved, or both, the agency may charge, in addition to the actual cost of
duplication, a special service charge, which shall be reasonable and shall be based on the
actual cost incurred for such extensive use of information technology resources or the
labor cost of the personnel providing the service that is actually incurred by the city.
(1) Excessive shall mean requests for Public Records that require thirty (30) minutes or
more to process including the time it takes to locate; retrieve; review for statutorily
exempt or confidential/exempt information; redact; prepare, copy, re -file, and/or
supervise inspection of the requested records. To comply with this provision and
before processing the request, the city shall notify the requestor of the estimated
cost to complete the request. The service charge shall be calculated using the hourly
wage, including benefits, of the employee performing the service.
(2) Deposit. A request with an estimated cost of more than $50.00 requires a deposit of
seventy-five percent (75%) of the estimated cost. The deposit must be paid before
the City will begin processing an extensive request.
(3) Additional Costs and Refund. All costs must be paid in full before the City provides the
requested records. In cases where deposits are required, any remaining balance from
the estimated costs paid will be refunded or any balance will become due prior to
release of records.
a. If the estimated fee for duplication and service charge represents an
overpayment upon completion of the effort, a refund shall be made to the
requestor.
b. If the estimated fee for duplication and service charge represents an
underpayment of the effort, the custodian or his/her designee shall notify the
requestor and collect the additional balance prior to delivery of the Public Record.
EXHIBIT A to Resolution No. 25-91 Page 5 of 6
C. Inactivity.
(1) Requests will be considered inactive in the following instances:
a. Where a requestor fails to respond to an estimate, submit payment, or revise their
request; or
b. Where a requestor fails to retrieve the completed records request.
(2) The City will close a request after thirty (30) days of no contact from the requestor.
The City Clerk's Office will attempt to contact an unresponsive requestor no fewer
than two (2) times within the thirty (30) days.
(3) Any deposits or prepayments will be forfeited, and the requestor will be billed for any
balance remaining.
D. Failure to Pay. In the event a requestor has failed to pay all fees associated with a previous
public record request, the City shall not produce any additional record requests or prepare
records for inspection for that specific requestor until the entire balance due to the City is
paid in full.
EXHIBIT A to Resolution No. 25-91 Page 6 of 6