Police Department Policy

62376663 (1).pdf

Seminole County Sheriff

Policy Text
\n\n--- Page 1 ---\n\nFEE SCHEDULES AND PROCEDURES A. Fees for public records: The Sheriff’s Office shall release a public record upon payment (cash, cashier’s check, money order, credit cards, and debit cards) of the following fees in accordance with Section 119.07, Florida Statutes: 1. For black and white copies not larger than 8 ½ X 14 inches: $0.15 cents per one-sided copy and $0.20 cents per two sided copy. 2. For faxed copies: $0.15 per page 3. For e-mailed copies: $0.15 per page if the record must be placed on the copier and scanned to the employees’ computer prior to e-mail transmission. If the record already resides on the network or on the employee’s computer, then there shall be no charge assessed for e-mailing the records unless due to redaction/extensive request the request is deemed extensive and fees set forth in section VIII (E) then become applicable. 4. For certified copies of a public record: $1.00 per copy. 5. For color copies not larger than 8 ½ X 14: $0.25 cents per one sided copy and $0.35 cents per two sided copy. 6. For copies greater than 8 ½ X 14: the actual cost of duplication. Contact the Fiscal Services Director to determine this rate. 7. For copies of photographs: same as the cost for copy duplication if the photograph is copied using a color / black and white copier. If prints are requested, then the cost would be the actual cost paid by the Sheriff’s Office to have the prints done at a local photo developing store. 8. For copies of tapes: the actual cost for duplication, including the cost of the tape unless provided for by the requestor of the record and excluding the cost of labor or overhead if the duplication is done within the Sheriff’s Office (see labor rates under Section E). 9. The cost of storing or retrieving records from the Sheriff’s Office Records Storage Vendor cannot be assessed to the individual requesting the record (AGO 1990-07). B. Fees for Medical Records: Medical records held by the Sheriff’s Office pertaining to inmates and child protective services cases are not considered public records in accordance with Florida law. Therefore, fees pertaining to these records are not governed by Section 119.07. In those instances where there exists a bona-fide reason to transmit these records to a private entity such as transmitting an inmates file to a physician’s office at the request of an inmate the chargeable cost shall be $1.00 per page, consistent with industry practice. It should be noted that Inmate Medical Records in keeping with medical industry standards, are the property of the Seminole County Sheriff’s Office and are not the property of the inmate. C. Record Fees - Special Circumstances:\n\n--- Page 2 ---\n\n1. Due to the cost of handling, accounting for, and depositing funds, the Sheriff’s Office will not charge an individual making a public records request when the total cost of the request, including postage does not exceed $1.00. 2. Fees may be waived for special circumstances in which the public or employees may be impacted by pandemic, hurricane, threat of terrorism or other risk factors deemed appropriate by the Chief of Administrative Services or designee. D. Public Records Requests Made By Governmental Agencies: The Sheriff’s Office will not charge routine public records costs to Federal, State, County, or Municipal governmental agencies. However, requests that are deemed extensive and estimated to cost in excess of $100.00 shall be forwarded to the Chief of Administrative Services to determine if a charge should be assessed. E. Sales Tax Applicability to Fees Charged for Public Records: Office of the Attorney General Opinion 1986-83 advised that sales tax imposed pursuant to Section 212.05, Florida Statutes, is not applicable to fees charged for providing copies of public records. F. Postage Costs for Mailing Public Records: The Sheriff’s Office will not charge for the cost of postage for mailing public records requests unless the total cost of the request, including postage exceeds $1.00. G. Fees Applicable to Indigent Individuals: Indigent personnel, including indigent inmates are not exempt from paying applicable public records fees simply because they are indigent. H. Fees for Extensive Public Records Requests: Section 119.07(4)(d), Florida Statutes states: “If the nature or volume of public records requested to be inspected, examined, 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 and supervisory assistance required, or both.” For purposes of defining what constitutes an extensive request, the Sheriff’s Office relies upon prevalent case law and establishes the following guidelines: 1. When a request requires in excess of 15 minutes to locate, review for exempt/confidential information, copy and re-file the requested material, the request shall be deemed extensive. Retrieval of information from a storage facility shall not be considered in the time calculation. Besides the costs of copying/materials as set forth in Section A, the following charges (base salary plus benefits – effective March 2018) may also be applied: 2. Clerical Cost: $27.00 per hour. This rate is chargeable in fifteen minute time increments beginning after the first fifteen minutes processing the request (free) as per the following cost schedule: Less than 15 minutes: No charge\n\n--- Page 3 ---\n\n15 – 30 minutes: $ 6.75 30 – 45 minutes: $ 13.50 45 – 60 minutes: $ 20.25 Every 15 minutes thereafter: $ 6.75 3. Communications Cost: For redacting/copying 911 tapes the fee is $24.28 per hour. This rate is chargeable in fifteen minute time increments beginning after the first fifteen minutes processing the request (free) as per the following cost schedule: Less than 15 minutes: No charge 15 – 30 minutes: $ 6.07 30 – 45 minutes: $ 12.14 45 – 60 minutes: $ 14.16 Every 15 minutes thereafter: $ 6.07 4. Investigative Analysis/Information Technology Cost: For extracting database information that cannot be accomplished by a clerical employee the fee is $26.84 per hour. This rate is chargeable in fifteen minute time increments beginning after the first fifteen minutes processing the request (free) as per the following cost schedule: Less than 15 minutes: No charge 15 – 30 minutes: $ 6.71 30 – 45 minutes: $ 13.42 45 – 60 minutes: $ 20.13 Every 15 minutes thereafter: $ 6.71 5. Supervisory/Technical Personnel Cost: For public records requests that require supervisory, technical, or senior management involvement for redaction or due to specific expertise required in completing the request, the cost that may be charged is the actual base hourly rate plus benefits computed on an hourly basis for the person involved in the fulfilling of the public records requirement. The employees’ chargeable rate can be determined by contacting the Sheriff’s Office Payroll Section. The employee’s hourly rate is then chargeable in fifteen minute increments beginning after the first fifteen minutes involved in processing the request. Charges will be as follows: Less than 15 minutes: No charge 15 – 30 minutes: Hourly rate multiplied by 25% 30 – 45 minutes: Hourly rate multiplied by 50% 45 – 60 minutes: Hourly rate multiplied by 75% Every 15 minutes thereafter: 25% of the base hourly rate. The charging of any rate greater than the entry level clerical rate (or Communications rate for 911 tape requests) must be justified. Supervisory time should not be charged for time spent retrieving records, making copies or other clerical responsibili

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