Laserfiche WebLink
DEPARTMENT OF ENVIRONMENTAL PROTECTION <br /> Public Records Requirements <br /> Attachment 4 <br /> 1. Public Records <br /> a. If the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf of the <br /> Department in its performance of services under the Agreement,the Grantee must allow <br /> public access to all documents,papers, letters, or other material,regardless of the physical <br /> form, characteristics, or means of transmission, made or received by the Grantee in <br /> conjunction with the Agreement(Public Records), unless the Public Records are exempt <br /> from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. <br /> b. The Department may unilaterally terminate the Agreement if the Grantee refuses to allow <br /> public access to Public Records as required by law. <br /> 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. <br /> For the purposes of this paragraph, the term "contract"means the"Agreement." If the <br /> Grantee is a"contractor" as defined in section 119.0701(1)(a),F.S.,the following provisions <br /> apply: <br /> a. Keep and maintain Public Records required by the Department to perform the service. <br /> b. Upon request, provide the Department with a copy of requested Public Records or allow the <br /> Public Records to be inspected or copied within a reasonable time at a cost that does not <br /> exceed the cost provided in Chapter 119, F.S.,or as otherwise provided by law. <br /> c. A contractor who fails to provide the Public Records to the Department within a reasonable <br /> time may be subject to penalties under section 119.10, F.S. <br /> d. Ensure that Public Records that are exempt or confidential and exempt from Public Records <br /> disclosure requirements are not disclosed except as authorized by law for the duration of the <br /> contract term and following completion of the contract if the contractor does not transfer the <br /> Public Records to the Department. <br /> e. Upon completion of the contract,transfer, at no cost, to the Department all Public Records in <br /> possession of the contractor or keep and maintain Public Records required by the Department <br /> to perform the service. If the contractor transfers all Public Records to the Department upon <br /> completion of the contract, the contractor shall destroy any duplicate Public Records that are <br /> exempt or confidential and exempt from Public Records disclosure requirements. If the <br /> contractor keeps and maintains Public Records upon completion of the contract,the <br /> contractor shall meet all applicable requirements for retaining Public Records. All Public <br /> Records stored electronically must be provided to the Department,upon request from the <br /> Department's custodian of Public Records, in a format specified by the Department as <br /> compatible with the information technology systems of the Department.These formatting <br /> requirements are satisfied by using the data formats as authorized in the contract or Microsoft <br /> Word,Outlook,Adobe,or Excel, and any software formats the contractor is authorized to <br /> access. <br /> f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE <br /> APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S <br /> DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE <br /> Rev.5/26/17 Attachment 4 <br /> I of 2 <br />