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Public records are open to all By Eric Kopp, Editor, Okeechobee News While the state of Florida is well known for its high priority on the public’s right to know what’s going on in government, most of the public doesn’t realize how easy it is to obtain a public record. All you have to do is ask. You don’t need an attorney or be a member of the media to make a request to view records. Even though there are some exceptions, nearly everything that goes on in a government meeting must be made available to the public through the Government in the Sunshine Law. According to the Florida Attorney General’s web site, the state began making records open in 1909 when the Public Records Law, Chapter 119 of the Florida statutes was passed. In 1967, Florida’s Government in the Sunshine Law was enacted and can now be found in Chapter 286 of the state statutes. To commemorate that law, today, March 12, is recognized throughout the state as Sunshine Sunday -- an annual event set aside to honor the Sunshine Law and inform the public on how to access public records. {What is a public record?} A public record can be a memo from the Okeechobee County administrator to a member of the Okeechobee County Board of Commissioners. Or, it can be an e-mail from the Okeechobee City administrator to City of Okeechobee Mayor James Kirk. But, whatever the case, it doesn’t matter if the memo is on a piece of official stationary or on the back of a cocktail napkin -- it is still open for public review. According to the Government in the Sunshine manual, the Sunshine Law applies to “… any board or commission of any state agency or authority or of any agency or authority of a county, municipal corporation, or political subdivision.” The statute applies to public collegial bodies within this state, at the local level as well as the state level, continues the manual. “The definition is very broad,” said Adria Harper, director of the First Amendment Foundation (FAF) in Tallahassee. “A public record could be a memo, e-mail, a note or even one of those pink messages you see in most offices.” The First Amendment Foundation, Inc., is a non-profit corporation whose function is to preserve and advance freedom of speech and of the press as provided in the U.S. Constitution and the Florida Constitution. While the aim of the Sunshine Law and the federal Freedom of Information Act (FOIA) are both aimed at providing the right to know, they are actually very different, said Ms. Harper. “The Sunshine Law comes from a very long history in the state of Florida and is very clear in its intent,” said Ms. Harper. “While a lot of people have a problem getting records under the FOIA. The Sunshine Law is very clear in what it grants. I think it’s a good, and a strong law.” {What records are available to me?} When it comes to local and state government nearly everything is available to the public upon their request. This does not always apply to law enforcement agencies, however. If an investigation is open and ongoing, information dealing with that investigation has been made exempt and is not open to public review. However, once an arrest has been made the information pertaining to that arrest may be made public. Such information is available from the law enforcement agency or the Okeechobee County Clerk of Courts Office. There are times when only “sanitized” versions of these records are available. What this means is the identity of victims of sexual battery, child abuse and battery on the elderly will not be released. The names and addresses are kept confidential to protect the victims. But, even though such records are sanitized all information pertaining to the person(s) charged in the case will be made public. In the case of a juvenile, their arrest information may also be a matter of public record despite their age. In 1994 the juvenile law was modified to eliminate the age restriction and provide enhanced disclosure. Now, if a child is taken into custody and charged with a violation of the law that, if committed by an adult, would be a felony the child’s name, photograph, address and crime or arrest report is a matter of public record. Even personnel files are open to the public, unless there is an active investigation being conducted. In this case, files will remain closed until the investigation has been completed. “The entire file is open to review,” said Ms. Harper. “The only time a file can be closed is when there is a statutory exemption.” {How do I obtain a record?} Ask: That’s all you have to do. The caretaker of a public record cannot ask your name; ask for identification; or, ask your reasons for wanting to see a file. Also, your request does not have to be in writing -- although it’s a good idea to make your request in writing so that you have it documented. “The law says you don’t have to identify yourself and you don’t have to state a reason why you want to see a record,” said Ms. Harper. She went on to say that some large entities will ask to see your identity “… but they really aren’t authorized to request your identification. We (FAF) don’t like that.” She said this is one of the more frequent complaints heard by her office. “If you are asked to identify yourself you say you should say ‘I’m not required to produce identification under Florida Law.’ The constitutional right of access is very strong.” Agencies do, however, have the right to charge a fee for making copies of a file. They also have a right to charge a per-hour fee if the request is extensive and will take quite a bit of time and effort on the part of an employee of the agency. “But, you can’t be charged for merely viewing or inspecting records,” added Ms. Harper. {No time limit on request} While Chapter 119 of the Florida Statutes is very clear on your rights to view records, the law does not give a specific time of when the request is to be satisfied. Basically, the law states that the custodian is to be given a reasonable amount of time to fulfill the request. Sometimes it may only take a matter of minutes to retrieve the record, but there are cases where it could take much longer. {Your request is denied} If your request is denied, it is up to that person to give you the exact exemption and statute number that gives them the right to refuse your request. Under the law, you do not have to recite the statute that gives you the right to review a record. You can then bring civil action against the agency. And the law mandates that “… actions brought under Chapter 119 are entitled to an immediate hearing and take priority over other pending cases.” If the judge then rules in your favor, the agency will have to pay all legal fees. All of this information and more can be found on the FAF website, www.floridafaf.org. Or, you can contact FAF at 1-800-337-3518. Information is also available on the attorney general’s web site, http://myfloridalegal.com. “I get calls every day from people having difficulty accessing records,” said Ms. Harper. “The attorney general’s web site is great, and the FAF web site has over 1,000 public record exemptions as well as a legislative report.” She went on to say there is no charge to the public for FAF’s help in answering a question. The Government in the Sunshine manual is also available for purchase from the foundation. An order form can be found on their web site -- just print it out and return it to the foundation. Where to go locally for public records County of Okeechobee WHERE: Office of County Administrator George Long, 304 N.W. Second St. WHAT: All records dealing with Okeechobee Board of County Commissioners; correspondence between county and consultants or contractors; some records dealing with other departments. HOURS: Normal business hours, Monday through Friday -- except holidays. PHONE: (863) 763-6441 COST: .15 cents per page, but fees may be charged for different types of forms WHO: George Long, or his secretary Vicki Smith Clerk of Courts WHERE: Okeechobee Judicial Center, 312 N.W. Third St. Action notes from board meetings and actual minutes are now on the internet at www.clerk.co.okeechobee.fl.us WHAT: Court records, deeds, mortgages, county finance, minutes from meetings of Okeechobee County Board of County Commissioners HOURS: 8:30 a.m. – 5 p.m., Monday through Friday – except holidays PHONE: (863) 763-2131 COST: .15 cents per page for most records; $1 per page for court records; .15 cents per page for finance records; no charge to use computes to view records. WHO: Ask for the records clerk Okeechobee County Fire/Rescue Department WHERE: The department is located at 501 N.W. Sixth St. WHAT: Department activity logs and reports. Medical reports from ambulance activities are not public record HOURS: 8 a.m. until 5 p.m., Monday through Friday, except holidays PHONE: (863) 763-5544 COST: Copies of reports are $1 WHO: As for the records clerk. Okeechobee County Sheriff’s Office WHERE: 504 N.W. Fourth St. WHAT: Arrest reports, activity reports, accident reports HOURS: 8 a.m. until 5 p.m., Monday through Friday PHONE: (863) 763-3117 COST: .10 cents per copy plus hourly rate for whoever is fulfilling the request plus the postage if mailed WHO: Ask for human resources person. If not available, just go to the front desk. Can also call (863) 763-3117 and make an appointment with the human resources person. Supervisor of Elections WHERE: 307 N.W. Second St. WHAT: Lists of voters; some voting records. Elected officials, candidates and voter registration can be viewed, but cannot be copied. Voting records can be copied, but not the signatures. Social Security numbers, driver’s licenses and Florida ID card cannot be reviewed or copied. Absentee ballots cannot be reviewed. HOURS: 8 a.m. until 5 p.m., Monday through Friday -- except for holidays. PHONE: (863) 763-4014 COST: .15 cents per copy; $10 beginning charge plus hourly rate of person fulfilling request if the request is more involved and will take over an hour to fulfill. CITY OF OKEECHOBEE WHERE: City Clerk’s office at 55 S.E. Third Ave. WHAT: All official city business except for police and fire departments. HOURS: 8 a.m. until 4:30 p.m., Tuesday, Wednesday and Thursday -- except holidays. PHONE: (863) 763-3372 COST: .15 cents for one sided copy; .20 cents for two-sided copy; $4 for cassette tapes CITY FIRE DEPARTMENT WHERE: 55 S.E. Third Ave. WHAT: Inspections, accident reports, fire activity logs HOURS: Normal business hours, Monday through Friday -- except holidays. PHONE: (863) 763-4423 COST: Same as City Clerk CITY POLICE DEPARTMENT WHERE: 50 S.E. Second Ave. WHAT: Arrest records, police activity logs, accident reports PHONE: (863) 763-5521 HOURS: 7:30 a.m. until 5:30 p.m., Monday through Friday COST: Usually no charge, but if a large amount of information is requested will charge the hourly wage of the person fulfilling the request. WHO: Averi O’Cain or Teresa Garcia OKEECHOBEE COUNTY SCHOOL SYSTEM WHERE: 700 S.W. Second Ave. WHAT: School board business and correspondence; evaluations over one-year old; employees personnel files and resumes. Student records are exempt from review. HOURS: 8 a.m. until 5 p.m., Monday through Friday -- except holidays. PHONE: (863) 462-5000 COST: No charge for one or two sheets. If larger, will charge actual cost. WHO: Anyone can help with requests. SOUTH FLORIDA WATER MANAGEMENT DISTRICT WHERE: The SFWMD local service center at 205 N. Parrott Ave., Suite 201 WHAT: Records pertaining to SFWMD activity HOURS: Actual hours vary between service centers, but are open Monday through Friday --except for holidays. PHONE: (863) 462-5260 COST: .15 cents for single sided copy; .20 cents for double sided copy; if work must be sent out – the actual charge for having work done; if it will take over 30 minutes to fulfill the request a good faith estimate will be give that is based on the hourly wage of the person honoring the request. WHO: Anyone at the service center. In some cases, the records may not be available at the local service center so the request will be forwarded to the SFWMD office in West Palm Beach. Once filled, it will be returned to the local service center. |