UNIVERSITY OF SOUTH FLORIDA

Policies and Procedures Manual

 

Subject of Policy Statement

Effective Date

Policy Number

USF Records–Public Records Law Compliance and University Record Confidentiality

Rev:  03/06/07

 

0-106

 

I.   INTRODUCTION (Purpose and Intent)

The purpose of this policy is to establish a procedure for responding to requests for public records in the custody of the University of South Florida (University/USF) while maintaining the confidentiality of University records which are exempt from the requirements of the Public Records Law and/or are protected from public disclosure by provisions of state or federal law.

II.  STATEMENT OF POLICY

It is the policy of the University of South Florida that all public records in University custody shall be open for inspection by any person, at reasonable times and under reasonable conditions, and that University custodians of public records shall furnish copies of public records upon payment of a charge, where authorized by this policy, for the cost of duplication and labor.

 III.   DEFINITIONS

A.  Public Record -- Any document, paper, letter, map, book, tape, photo, film, sound recording, data processing software or other material, regardless of physical form, characteristic, or means of transmission, including electronic mail, made or received pursuant to law or ordinance or in connection with the transaction of official University business.

B.  Confidential Records and Non-Public Records -- University records which are exempt from the inspection and duplication requirements of the Public Records Law, and/or which are protected against public disclosure by federal or state law. Confidential and non-public records are not subject to the charge procedure outlined in section IV.B. of this policy.  Confidential and non-public records generally include, but are not limited to:

1.  Student Records – §1002.22, F.S.

2.  Medical/Psychological Records – §§ 456.057, 90.503, F.S. (located at FMHI, Medical Center, Human Resources, Student Health Services, Counseling Center, etc.)

3.  Certain Police Records – Chapter 119, F.S.

4.  Evaluative Personnel Records – §1012.91, F. S.

a.   Reflecting academic evaluations of employee performance.

b.   Reflecting nonacademic performance evaluations only if created on or before

         July 1, 1995.

5.  Social Security Numbers in State Employment Records – Chapter 119, F.S.

6.  Certain Information Concerning University Police, Mental Health Workers and their Families – Chapter 119, F.S.

7.  Certain Collective Bargaining Records – §§110.201, 447.605, F.S.

8.  Certain Division of Sponsored Programs Records – §1004.22, F.S.

9.  Certain Direct Support Organization Records – §1004.28, F.S.

10.  Software Proprietary to the University - §119.084(2), F.S.

11.  Third Party Software Acquired Under License - § 812.081, F.S.

IV. PROCEDURE

A.  When a person receives a request to inspect or copy a University record, that person must determine whether the requested record is public or confidential and may telephone the Office of the General Counsel at 813-974-2131 for assistance.

B.  If the requested record is a public record, the records custodian must, within a reasonable time:*

1.  Make the record available for inspection under reasonable conditions* (which may include supervision of inspection), and/or

2.  Furnish copies of the record to the records requestor without charge, where duplication and labor costs do not exceed $10, or

3.  Where duplication and labor costs** are estimated to exceed $10, charge the requestor a reasonable fee based on the actual cost of duplication and labor in accordance with the following procedure using the USF Public Records Charge Document (copy attached):

a.   Complete items 1-4 of the USF Public Records Charge Document USF Public Records Charge Document and ask the Public Records requestor to sign the estimate.

 

b.   Duplicate the requested records, then indicate actual costs of duplication and labor and secure the accountable officer's signature on the USF Public Records Charge Document.

 

c.   Furnish the requested record copies to the requestor when he/she presents evidence of payment in full.

*Where questions arise concerning what constitutes a reasonable time or reasonable conditions, please contact the Office of the General Counsel at 813-974-2131.

**If the records requested to be duplicated require extensive use of information technology  resources or extensive clerical or supervisory assistance, or both, in addition to the actual  cost of duplication, a special service charge will apply.

 

 

Steven D. Prevaux
General Counsel

 

Judy Genshaft
President