The only requirement the University may impose for disclosure of public records is prepayment of the special service charge if the costs associated with responding to a request are high.
Florida Bar Journal
Public records requests are generally handled by the department that maintains the record requested. For simple public records requests received by those who regularly handle such requests, the records custodian of the respective University department may directly respond to the request.
Please contact Lizvette Torres, Paralegal at or lizvtorr fiu. When the requestor has paid the estimated cost of the special service charge, the request will be processed accordingly. The University has established procedures for the destruction of records when records retention requirements expire.
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If a requesting party fails to respond to inquiries for clarification, cost estimates, or any other communication from the Office of the General Counsel for 30 days, the request will be closed. A non-responsive request may be resubmitted and will be processed as a new request. Are e-mail messages public records? Transitory messages are: Records created primarily for the communication of information that are not for the perpetuation of knowledge; and Records that do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt.
Some common examples include: e-mail messages with short-lived or no administrative value; voice-mails; self-sticking notes; and telephone messages. Most of it! What are some common confidential records that are exempt from disclosure? The most common confidential records that are exempt from public disclosure include: Social security numbers; Certain medical information; Academic evaluations of employee performance see Fla.
What is the requestor entitled to? Does the requestor need to state a reason to inspect the public records? How long does the University have to respond to a public records request? What is not required when responding to a public records request?
May the University charge its costs for responding to a public records request? May the University impose any requirements for disclosure of public records? What should I consider first when I receive a public records request on behalf of the University? Some important questions to consider include: Is it clear what the requestor wants?
Florida’s Public Records Law: What Your Private Company Should Know – JD Supra Business Advisor
Do I need to ask the requestor to clarify the request? Division rulings have held that e-mails to an individual director or to all directors as a group, addressed only to their personal computers, are not written communication to the association and therefore not considered an official record. This is because there is no obligation for a director to turn on a personal computer with any regularity, or to open and read e-mails before deleting them.
Irizarry v. Laguna Point Condominium Association, Inc.
Statutes & Constitution :View Statutes : Online Sunshine
This point was further clarified in the arbitration case of Humphrey v. Carriage Park Condominium Association, Inc.
It is important to have a clear understanding of and policy in place related to emails such that those that are official records are properly kept and those that are not are properly deleted. There are also exceptions for things such as litigation holds, which must be considered when creating and implementing an email policy.
It is therefore strongly recommended that all associations involve their attorney when formulating their policy. Becker, with headquarters in Fort Lauderdale, FL.
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