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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 11 9.07(l), 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 />1 of 2 <br />