- Records Management
- Records Exempt from Public Disclosure
- Frequently Asked Questions (FAQs)
- Records Request & More Information
The Utility Board of the City of Key West, Florida, dba Keys Energy Services (KEYS) is mandated by the State of Florida to maintain KEYS records in accordance with public records laws. This includes tradition paper documents, as well as information stored on KEYS computers, such as electronic documents and spreadsheets, calendars, and emails made or received in the connection with the official business of KEYS. These records may not be deleted or destroyed unless done in accordance with the Florida Department of State's retention schedule.
To view the State of Florida's general records schedule for state and local government agencies (GS1-SL), please click on the link below:
Records Exempt from Public Disclosure
Florida Statute Section 119.071 contains a number of exemptions for specified categories of public officials, employees, and current or former active duty servicemembers of the United States Armed Forces, who served after September 11, 2001, and their families by providing an exemption from disclosure for the home address, telephone numbers, photographs, social security numbers, place of employment of the spouse/children and locations of schools/daycare facilities attended by their children.
If you qualify for exemption under FS 119.071, you may request that KEYS keep all information, as listed in FS 119.071, confidential from public disclosure, unless required to do so by court order. To make the request for exemption from public disclosure, please contact KEYS' Customer Service office at 305.295.1090.
For more information, Florida Statute Section 119.071 can be accessed through the link show below:
Frequently Asked Questions (FAQs)
What is a public record?
The Florida Supreme Court has determined that public records are all materials made or received by an agency in connection with official business which are used to perpetuate, communicate or formalize knowledge. They are not limited to traditional written documents. Tapes, photographs, films, e-mails and sound recordings are also considered public records subject to inspection unless a statutory exemption exists.
Can I request public documents over the telephone or by e-mail instead of going into a KEYS office in person?
Nothing in the public records law requires that a request for public records be in writing or in person, although individuals may wish to make their request in writing to ensure they have an accurate record of what they requested. Unless otherwise exempted, a custodian of public records must honor a request for records, whether it is made in person, over the telephone, or in writing, provided the required fees are paid.
Do I have to disclose why I want to request public records?
Nothing in the law requires the requester to disclose the reason for the request.
Does KEYS have to explain why it denies access to public records?
A custodian of a public record who contends that the record or part of a record is exempt from inspection must state the basis for that exemption, including the statutory citation. Additionally, when asked, the custodian must state in writing the reasons for concluding the record is exempt.
How much can KEYS charge for public documents?
The law provides that the custodian shall furnish a copy of public records upon payment of the fee prescribed by law. If no fee is prescribed, an agency is normally allowed to charge up to 15 cents per one-sided copy for copies that are 14" x 8.5" or less. A charge of up to $1 per copy may be assessed for certified copy of a public record. If the nature of volume of the records to be copied requires extensive clerical or supervisory assistance, or both, the Records Coordinator may charge a reasonable service charge based on the actual cost incurred.
When does a document sent to KEYS become a public document?
As soon as a document is received by KEYS, it becomes a public record, unless there is a legislatively created exemption which makes it confidential and not subject to disclosure.
Are public employee personnel records considered public records?
The rule on personnel records is the same as for other public documents...unless the Legislature has specifically exempted an agency's personnel records or authorized the agency to adopt rules limiting public access to the records, personnel records are open to public inspection. There are, however, numerous statutory exemptions that apply to personnel records.
Can KEYS refuse to allow public records to be inspected or copied if requested to do so by the maker or sender of the documents?
No. To allow the maker or sender of documents to dictate the circumstances under which documents are deemed confidential would permit private parties instead of the Legislature to determine which public records are public and which are not.
What is the difference between the Sunshine Amendment and the Sunshine Law?
The Sunshine Amendment was added to Florida's Constitution in 1976 and provides for full and public disclosure of the financial interests of all public officers, candidates and employees. The Sunshine Law provides for open meetings for governmental boards.
If I am requesting information on my own account(s), past or present, is this handled as a public records request?
No, a request for information on one's own account(s) is simply a customer service request and can be handled through KEYS' Customer Service office. Customer Service can be reached by calling 305.295.1090 or visiting the Customer Service Center at 1001 James Street, Key West, Florida.
Records Request & More Information
For more information regarding KEYS' records policies,
or to make a records request, please contact:
Gricel Owen, Records Coordinator
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