Public Records Request
The College maintains records in accordance with federal and state of Florida laws and regulations and handles requests for public records following the procedure below, Procedure 602.2.1 from the EFSC Procedures Manual.
- Inspection or Copying of Public Records. Inspection or copying of public records under Florida’s Public Records Act, Chapter
119, Florida Statutes, may be permitted at reasonable times, under reasonable conditions,
and under the supervision of the custodian of public records. In order to ensure that
the College's obligations under the law are met, and that any exempt or confidential
material is protected from disclosure, all public record requests must be directed
to the College’s designated custodian of public records identified in Section 2 below.
- Custodian of Public Records. The term “Custodian of Public Records” includes multiple employees at the College.
Accordingly, the Office of Human Resources is the College’s designee to permit the inspection and copying of public records.
Any requests, questions, or complaints regarding public records should be directed
Eastern Florida State College Office of Human Resources
Cocoa Campus, Building 2, Room 103
1519 Clearlake Road, Cocoa, FL 32922
- Employees Receiving a Public Record Request. While public record requests should be directed to the designated custodian identified
in Section 2, various College employees may encounter persons seeking to make a public
records request. In that event, the employee should take the request and immediately
notify the Office of Human Resources. There is no particular format required for a
public records request; it may be made orally or in writing. An employee receiving
a request may ask that the requestor put their request in writing for the sake of
clarity, but may not require it. In addition, the requestor may not be required to
fill out any forms, provide identification, or explain the purpose or reason for the
request. However, an employee should not provide the requestor any records on the
spot. All public record requests must be directed to the Office of Human Resources.
If the requestor demands on the spot inspection or copying of records, the employee
- Remain calm and polite.
- Tell the requestor that the employee is not the custodian of public records.
- Acknowledge receipt of the public records request, but offer no specific indication of whether, how, or when the records will be made available.
- Write down the requested records if the request is made orally.
- Ask how the requestor would like to be contacted in response to the request.
- Immediately notify the Office of Human Resources at the conclusion of the exchange.
- Responding to a Public Records Request. The Office of Human Resources is responsible for coordinating the College’s response
to public record requests. Each request will be acknowledged and processed in good
faith within a reasonable period of time after receiving a request. What constitutes
a reasonable period of time depends on the circumstances surrounding the request,
including the nature of the request, the size of the request, the likely quantity
of records to be produced, whether extensive use of information technology resources
or clerical services are required, and the timing of the request (i.e., whether holidays
intervene). Notwithstanding the above, there is no requirement under Florida law for
the College to do any of the following in response to a public records request:
- Create a new record;
- Provide the record in the format requested;
- Meet the requestor’s timetable;
- Provide information in the records; or
- Explain the records or any information in the records.
- Public Record Exemptions. State and federal laws exempt certain types of public records, or portions thereof,
from disclosure under Florida’s public records law. Exemptions that frequently apply
to College records include, but are not limited to:
- Certain personnel records (1012.81, F.S.);
- Student education records, as defined in the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the federal regulations issued pursuant thereto, including records directly related to an applicant for admission who has not been in attendance at the College (1006.52, F.S.);
- Social security numbers (119.071(4)(a), F.S.);
- Financial account numbers (119.071(5)(b), F.S.);
- Medical information pertaining to a prospective, current, or former officer or employee which, if disclosed, would identify that officer or employee (119.071(4)(b), F.S.);
- Biometric identification information including fingerprints (119.071(5)(g), F.S.);
- Personal information and photographs of active or former law enforcement officers, judges, firefighters, and other designated officers and employees or their families (119.071(4)(d), F.S.);
- Complaints and other records relating to alleged discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or marital status in connection with hiring practices, position classifications, salary, benefits, discipline, discharge, employee performance, evaluation, or other related activities until a finding is made relating to probable cause, the investigation of the complaint becomes inactive, or the complaint or other record is made part of the official record of any hearing or court proceeding (119.071(2)(g), F.S.);
- Records maintained during the course of an investigation of an employee’s misconduct while the investigation is in process (119.071(2)(k), F.S.);
- Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building owned or operated by the College (119.071(3)(b), F.S.);
- Campus emergency response plan records (1004.0962, F.S.);
- All direct support organization records: the auditor’s report, any information necessary for the auditor’s report, any information related to the expenditure of funds, and any supplemental data requested by the board of trustees, the Auditor General, and the Office of Program Policy Analysis and Government Accountability (1004.70(6), F.S.); and
- Sealed bids or proposals until such time as the College provides notice of an intended
decision or until 30 days after opening the bids, proposals, or final replies, whichever
is earlier. If the College rejects all bids, proposals, or replies submitted in response
to a competitive solicitation and the College concurrently provides notice of intent
to reissue the competitive solicitation, the rejected bids, proposals, or replies
remain exempt until such time as the College provides notice of an intended decision
concerning the reissued competitive solicitation or until the agency withdraws the
reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer
than 12 months after the initial College notice rejecting all bids, proposals, or
replies (119.071(1)(b), F.S.).
Documents that are exempt from the public records law will not be produced. Documents that are public records but contain exempt or confidential information will be produced only after removing the exempt or confidential information, unless the exempt or confidential information in the document is so extensive that removal is not feasible.
- Copying Charges. If the requestor has asked for copies, the College may charge the following:
- $0.15 per one-sided copy (not more than 8.5 x 14).
- $0.20 per two-sided copy.
- $1.00 for a certified copy.
- For all other copies, the actual cost of duplication.
All charges must be collected before producing the requested copies.
- Special Service Charges. A special service charge will be imposed if the nature or volume of public records
requested to be inspected or copied is such as to require extensive use of information
technology resources or extensive clerical or supervisory assistance by personnel,
or both. For this section, the following definitions apply:
- The term “extensive” means more than 15 minutes (from the time a request is received by the Office of Human Resources).
- The term “use of information technology resources” includes, but is not limited to, the setup and implementation of any information technology resources.
- The term “clerical or supervisory assistance” includes, but is not limited to, determining
whether a requested record exists, searching for and/or locating a requested record,
determining whether a requested record is exempt from disclosure, reviewing for exempt
or confidential information, removing exempt or confidential information, coordinating
and supervising inspection, copying, re-filing, and delivering a requested record.
The College will determine which personnel are appropriate to provide clerical or supervisory assistance in responding to an extensive request. The special service charge will be computed to the nearest quarter of an hour exceeding 15 minutes based on the cost of wages and benefits of the personnel who, in the discretion of the College, have the necessary skill and training to respond to the request. If multiple departments or personnel are involved, the special service charge will be based on the aggregate amount of time spent by all involved personnel. The special service charge shall be in addition to any copying charges as provided in section 6, and will be assessed regardless of whether any copies are requested or made. If requested materials are to be delivered, the actual cost of delivery including packaging may be charged in addition to the other charges indicated above.
The requestor shall be required to pay any estimated special service charges, as determined by the College, prior to personnel rendering such services. The College will refund to the requestor any monies deposited with the College in excess of the actual costs incurred to fulfill a request, or, in the alternative, the requestor shall be required to remit additional monies to pay for any costs in excess of the deposit. In the event the requestor fails to remit additional monies to cover costs in excess of the monies deposited, the College shall withhold releasing any public records identified pursuant to that request until those amounts are paid in full.