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Home My WebLink AboutO-12154J-01-825 9/25/01 ORDINANCE NO. 121 5 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE III, DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, OFFICERS, CITY CLERK," TO DEFINE AND ESTABLISH AN "EXTENSIVE RESEARCH FEE" TO BE CHARGED IN CONNECTION WITH EXTENSIVE/VOLUMINOUS PUBLIC RECORDS REQUESTS IN ACCORDANCE WITH §119.07 FLA. STATS.; MORE PARTICULARLY BY AMENDING SECTION 2-142(e) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 2/Article III/Division 4 of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars:'/ "CHAPTER 2 ADMINISTRATION ARTICLE III. OFFICERS 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 12154 Sec. 2-142. DIVISION 4. CITY CLERK M Fees for copies of ordinances and other records. (e) In accordance with the provisions of Section 119.07 Florida Statutes, as amended, with respect to public records requests, the city is permitted and shall charge an "extensive research fee" whenever Where an extraordinary time constraint is designated by the person requesting copies or research of public records er eassettes, requiring extraordinary expenditure of time by the city clerk's office or other city department acting as records custodian. Tt-o comply with the request *-;me nstra „}, the city clerk or other city department acting as records custodian, shall collect the cost of providing such extraordinary services (i.e. the "extensive research fee") in advance and in addition to the fees set forth in subsections (a) , (b) , (c) and (d) of this section. For purposes of this section "extraordinary expenditure of time" shall mean twenty minutes or more. The extensive research fee shall be calculated using the hourly wage of the employee performing such services." Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 2of 3 1215 PASSED ON FIRST READING BY TITLE ONLY this 25th day of September 1 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 15th day of November 1 2001. JOE CAROLLO, MAYOR In accc.,dhnce w, h, Minrn; ,r rmt of 3,�ern rn I! A 4 regarding sarne, %4ffiout ih�, ayui ru-, irg to. ATTEST: Wa)d-r J. Vernan, City Clerk WALTER J. FOEMAN CITY CLERK APPRCASAO,A6M AND CORRECTNESS 6, C ITY A 142 YMT:BSS Page 3 of 3 1' 15 4 IN TO: Honorable Mayor and SECOND READIN( ORDINANCE RECOMMENDATION: 15 DATE: October 22, 2001 FILE: SUBJECT: Amend City Code to Define and Establish an Extensive Research REFERENCESFee ENCLOSURES: It is respectfully requested that the City Commission adopt the attached ordinance on second reading, which would amend Chapter 2/Article 3/Division 4 of the Code, in order to define and establish an extensive research fee to be charged to the public, for extensive/voluminous public records requests pursuant to Section 119.07(1)(b) of the Florida Statutes. BACKGROUND: The City Clerk's Office has performed in excess of 9,000 hours of research and duplication of copies from its public documents in Fiscal Year 2000. It is projected that by the end of Fiscal Year 2001, the City Clerk's Office would have performed in excess of 10,000 hours of research and duplication of copies. Chapter 119.07(1)(b) of the Florida Statutes, entitled "Inspection, Examination and Duplication of Records: exemptions", allows an agency to charge persons requesting copies or research of public records requiring an extraordinary expenditure of time by either the City Clerk's Office or any other city department acting as record's custodian. However, the above-cited statutory provision does not define what is an extraordinary expenditure of time. After research by the legal department of Attorney General's Opinions, it was found that it may be prudent for agencies to define "extensive" in a manner that is consistent with the purpose and intent of the public Records Act. After comparatively surveying various governmental municipalities and entities, it is recommended that an extraordinary expenditure of time shall mean 20 minutes or more. In accordance with Florida law, an extensive user fee shall be calculated by using the hourly wage of the employee performing such services. WJF Jaj 12154 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI PROPOSED ORDINANCES 11/15/01 SPECIAL REVENUE FUND ENTITLED "HISTORIC PRESERVATION" in the............XXXXX...................... Court, was published in said newspaper in the issues of Nov 5, 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant r er says that she has neither paid nor promised any pe so ,firm or corporation any discount, rebate, com- missi4 Virefund jor the purpose of securing this advertise- ment fbr/publicatiAli in the said newspaper. !i!rK to and subscrib befor November 72001 .._.._................ (SEAL)r\J --- COMMISSION 17r'.!{4 J ETT LLER£NA Sookie Williams person C FATE OF FLORIDA COMMISSION NO. CC 912958 'ji 400CITY OF MIAMI, FLORIDA NOTICE OF PROPOSED ORDINANCES otice is hereby given that the City Commission of the City of Miami, rida, will consider the following ordinances on second and final reading on November 15, 2001 commencing at 9:00 a.m., in the City Commission Chambers, 3500 Pan American Drive, Miami, Florida: B 111 AUrEWf1- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 2, ARTICLE 111, DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, OFFICERS, CITY CLERK," TO DEFINE AND ESTABLISH AN "EXTENSIVE RESEARCH FEE" TO BE CHARGED IN CONNECTION WITH EXTENSIVE/ VOLUMINOUS PUBLIC RECORDS REQUESTS IN ACCOR- DANCE WITH 119.07 FLORIDA STATUTE; MORE PARTICU- LARLY BY AMENDING SECTION 2-142(e) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE FUND ENTITLED: "HISTORIC PRESERVATION" AND APPROPRIATING FUNDS IN THE AMOUNT OF $250,000, CONSISTING OF A GRANT FROM THE FLORIDA DIVISION OF HISTORICAL RESOURC- ES IN THE AMOUNT OF $25,000 AND FUNDS IN THE AMOUNT OF $225,000 FROM THE BUDGET OF THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT; AU- THORIZING THE CITY MANAGER TO ACCEPT THE GRANT FROM THE FLORIDA DIVISION OF HISTORICAL RESOURC- ES AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND AU- THORIZING THE EXPENDITURES OF SAID FUNDS FOR THE DEVELOPMENT OF AN HISTORIC RESOURCES SURVEY OF PORTIONS OF LITTLE HAITI AND MODEL CITY; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 10, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/ IN GENERAL", TO REPEAL AND REPLACE THE "SOUTH FLORIDA BUILDING CODE" AND THE "SOUTH FLORIDA BUILDING CODE, DADE COUNTY EDITION" ("S.F.B.C."), WITH THE "FLORIDA BUILDING CODE" AND CHAPTER 8 OF THE CODE OF ORDINANCES OF MIAMI-DADE COUNTY, FLORIDA ("CHAPTER 8 OF THE COUNTY CODE"); HAVING ALL REFERENCES TO THE S.F.B.C. REFERRED TO AS THE "FLORIDA BUILDING CODE" AND "CHAPTER 8 OF THE COUNTY CODE"; MORE PARTICULARLY BY AMENDING SECTIONS 10-3 AND 10-4 OF THE CITY CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Said proposed ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Flori- da, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. All interested persons may appear at the meeting and may be heard with respect to the proposed ordinances. Should any person desire to ap peal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim. record of the proceedings is made including all testimony and evidenck upon which any appeal may be based. 0F,yp3• ' WALTER J. FOEMAN CITY CLERK (#10403) 11/5 01-4-24/21 0866M