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A, TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />STATE OF FLORIDA <br />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 Grantee is acting on behalf of Department in its performance of services <br />under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless <br />of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the <br />Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida <br />Constitution and section 119.07(1), F.S. <br />b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records <br />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 Grantee is a "contractor" as <br />defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: <br />a. Keep and maintain Public Records required by Department to perform the service. <br />b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be <br />inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or <br />as otherwise provided by law. <br />c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to <br />penalties under section 119. 10, F.S. <br />d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements <br />are not disclosed except as authorized by law for the duration of the contract term and following completion of the <br />contract if the contractor does not transfer the Public Records to Department. <br />e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor <br />or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all <br />Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public <br />Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor <br />keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable <br />requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, <br />upon request from Department's custodian of Public Records, in a format specified by Department as compatible with <br />the information technology systems of Department. These formatting requirements are satisfied by using the data <br />formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the <br />contractor is authorized to access. <br />f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF <br />CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC <br />RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S <br />CUSTODIAN OF PUBLIC RECORDS AT: <br />Telephone: (850) 245-2118 <br />Email: public. servicesAfloridadepgov <br />Mailing Address: Department of Environmental Protection <br />ATTN: Office of Ombudsman and Public Services <br />Public Records Request <br />3900 Commonwealth Boulevard, MS 49 <br />Tallahassee, Florida 32399 <br />Attachment 4 <br />1 of 1 <br />Rev. 4/8/2024 <br />