Ditchmen • NUCA of Florida Ditchmen • May 2016 | Page 24

The Law and Your Business

EIGHT DAY RULE

by Anthony " Tony " Zebouni , Regan Whelan Zebouni & Atwood P . A .
The last session of the Florida Legislature provided many changes in the law , including some that could significantly impact how you conduct business on Florida governmental projects . § 119.0701 ( 1 ) ( a ) defines “ contractor ” as any individual , partnership , corporation or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency .
A contractor is required to keep all public records related to the project and upon request from the public agency ’ s custodian of public records (“ CPR ”) provide the requested public records ( or copies ) to the public agency ’ s CPR within a reasonable time .
Not all records are public records pursuant to Ch . 119 , F . S . It is the contractor ’ s responsibility to ensure that any exempt or confidential records are not transferred to the agency CPR .
All third party requests for public records must be made directly to the agency CPR who may then advance the request to the contractor . Should a contractor delay in providing public records , after request by the agency CPR , and the public records requested are not provided within a reasonable time , the contractor may be subject to the sanctions of § 119.10 , F . S ., that includes fines or misdemeanor charges .
In addition , before an aggrieved party brings a Civil action to compel production of the public records , the plaintiff must then provide a formal notice (“ notice ”) to the Agency CPR and the
contractor . If the contractor provides the public records within eight ( 8 ) business days after the notice is received , it will not be liable for the costs of enforcement . What constitutes reasonable or unreasonable delay in provision of public records is subjective , but the provision of public records during the eight day safe haven period provides clarity to the contractor . This provision is applicable for all contracts entered into or amended on or after July 1 , 2016 . This is a brief summary of the bill ( HB 273 ) but if you have any questions about this , or any other changes to Florida law , contact me at 904- 861-0770 . Naturally if you have any specific questions regarding the application of the law under the particular circumstances of your situation , you should contact an attorney .
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NUCA OF NORTH FLORIDA

24 DITCHMEN • MAY 2016