On Wednesday, March 9, Florida Governor Rick Scott signed a measure into law aimed at protecting private companies that provide contractual services to government entities from abusive tactics in connection with their obligation to keep and provide records related to the public services they provide.
Under existing law, private contractors who act on behalf of a public agency are required to comply with public records laws in the same manner as a public agency.
House Bill 273, the measure signed by Gov. Scott on Wednesday, requires a request for public records relating to a contract for services to be made directly to the contracting agency.
This remedies a situation that existed in Florida where a requester of records could direct his/her inquiry to a private business – which may or may not have experience in responding to public records requests – and, if the business did not furnish the requested records in a timetable the requester deemed reasonable, seek an award of attorneys’ fees if he/she files suit demanding production of the records.
Now, if the contracting agency determines that it does not possess the records, it must immediately notify the contractor and only then must the contractor provide the records or allow access to the records within a reasonable time. A contractor who fails to provide the records to the contracting agency – not the requester of records – within a reasonable time may be subject to certain penalties.
Gunster is proud to have been at the forefront of making this change, working with numerous government accountability advocates and groups.
We also wish to thank the Florida Legislature and Gov. Scott for their support of businesses who provide important services to government entities and the communities they serve.
If you have any questions on how this change may impact you or your business, please contact Gunster attorney Derek Bruce or Gunster government affairs consultant Cameron Yarbrough.
