Senate Bill sb0274e1
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SB 274 First Engrossed
1 A bill to be entitled
2 An act relating to public records; amending s.
3 18.20, F.S.; removing photographic film
4 reproductions of specified vouchers or checks
5 paid by the State Treasurer and preserved as
6 records of the office of the Treasurer from
7 classification as permanent records; amending
8 s. 119.01, F.S.; establishing state policy with
9 respect to public records; requiring
10 governmental agencies to consider certain
11 factors in designing or acquiring electronic
12 recordkeeping systems; providing certain
13 restrictions with respect to electronic
14 recordkeeping systems and proprietary software;
15 requiring governmental agencies to provide
16 copies of public records stored in electronic
17 recordkeeping systems; authorizing agencies to
18 charge a fee for such copies; specifying
19 circumstances under which the financial,
20 business, and membership records of an
21 organization are public records; amending s.
22 119.011, F.S.; providing definitions; repealing
23 ss. 119.0115, 119.012, and 119.02, F.S.,
24 relating to specified exemption for certain
25 videotapes and video signals, records made
26 public by the use of public funds, and
27 penalties for violation of public records
28 requirements by a public officer; amending s.
29 119.021, F.S.; providing requirements for
30 governmental agencies in maintaining and
31 preserving public records; requiring the
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SB 274 First Engrossed
1 Division of Library and Information Services of
2 the Department of State to adopt rules for
3 retaining and disposing of public records;
4 authorizing the division to provide for
5 archiving certain noncurrent records; providing
6 for the destruction of certain records and the
7 continued maintenance of certain records;
8 providing for the disposition of records at the
9 end of an official's term of office; requiring
10 that a custodian of public records demand
11 delivery of records held unlawfully; repealing
12 ss. 119.031, 119.041, 119.05, and 119.06, F.S.,
13 relating to the retention and disposal of
14 public records and the delivery of records held
15 unlawfully; amending s. 119.07, F.S.; revising
16 provisions governing the inspection and copying
17 of public records; establishing fees for
18 copying; providing requirements for making
19 photographs; authorizing additional means of
20 copying; repealing ss. 119.08 and 119.083,
21 F.S., relating to requirements for making
22 photographs of public records and the licensing
23 and sale of copyrighted data processing
24 software by an agency; amending s. 119.084,
25 F.S.; deleting certain provisions governing the
26 maintenance of public records in an electronic
27 recordkeeping system; repealing ss. 119.085 and
28 119.09, F.S., relating to remote electronic
29 access to public records and the program for
30 records and information management of the
31 Department of State; amending s. 119.10, F.S.;
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SB 274 First Engrossed
1 clarifying provisions with respect to penalties
2 for violations of ch. 119, F.S.; amending s.
3 119.105, F.S.; clarifying provisions under
4 which certain police reports may be exempt from
5 the public records law; amending s. 120.55,
6 F.S.; revising language with respect to
7 publication of the Florida Administrative Code
8 to provide that the Department of State is
9 required to compile and publish the code
10 through a continuous revision system; amending
11 s. 257.36, F.S.; providing procedure with
12 respect to official custody of records upon
13 transfer of duties or responsibilities between
14 state agencies or dissolution of a state
15 agency; amending s. 328.15, F.S.; revising the
16 classification of records of notices and
17 satisfaction of liens on vessels maintained by
18 the Department of Highway Safety and Motor
19 Vehicles; amending s. 372.5717, F.S.; revising
20 the classification of records of hunter safety
21 certification cards maintained by the Fish and
22 Wildlife Conservation Commission; amending s.
23 560.121, F.S.; decreasing and qualifying the
24 period of retention for examination reports,
25 investigatory records, applications,
26 application records, and related information
27 compiled by the Department of Banking and
28 Finance under the Money Transmitters' Code;
29 amending s. 560.123, F.S.; decreasing the
30 period of retention for specified reports filed
31 by money transmitters with the Department of
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SB 274 First Engrossed
1 Banking and Finance under the Money
2 Transmitters' Code; amending s. 560.129, F.S.;
3 decreasing and qualifying the period of
4 retention for examination reports,
5 investigatory records, applications,
6 application records, and related information
7 compiled by the Department of Banking and
8 Finance under the Money Transmitters' Code;
9 amending s. 624.311, F.S.; authorizing the
10 Department of Insurance to maintain an
11 electronic recordkeeping system for specified
12 records, statements, reports, and documents;
13 eliminating a standard for the reproduction of
14 such records, statements, reports, and
15 documents; amending s. 624.312, F.S.; providing
16 that reproductions from an electronic
17 recordkeeping system of specified documents and
18 records of the Department of Insurance shall be
19 treated as originals for the purpose of their
20 admissibility in evidence; amending s. 633.527,
21 F.S.; decreasing the period of retention for
22 specified examination test questions, answer
23 sheets, and grades in the possession of the
24 Division of State Fire Marshal of the
25 Department of Insurance; amending s. 655.50,
26 F.S.; revising requirements of the Department
27 of Banking and Finance with respect to
28 retention of copies of specified reports and
29 records of exemption submitted or filed by
30 financial institutions under the Florida
31 Control of Money Laundering in Financial
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SB 274 First Engrossed
1 Institutions Act; amending s. 945.25, F.S.;
2 requiring the Department of Corrections to
3 obtain and place in its records specified
4 information on every person who may be
5 sentenced to supervision or incarceration under
6 the jurisdiction of the department; eliminating
7 a requirement of the department, in its
8 discretion, to obtain and place in its
9 permanent records specified information on
10 persons placed on probation and on persons who
11 may become subject to pardon and commutation of
12 sentence; amending s. 985.31, F.S.; revising
13 the classification of specified medical files
14 of serious or habitual juvenile offenders;
15 repealing s. 212.095(6)(d), F.S., which
16 requires the Department of Revenue to keep a
17 permanent record of the amounts of refunds
18 claimed and paid under ch. 212, F.S., and which
19 requires that such records shall be open to
20 public inspection; repealing s. 238.03(9),
21 F.S., relating to the authority of the
22 Department of Management Services to photograph
23 and reduce to microfilm as a permanent record
24 its ledger sheets showing the salaries and
25 contributions of members of the Teachers'
26 Retirement System of Florida, the records of
27 deceased members of the system, and the
28 authority to destroy the documents from which
29 such films derive; repealing s. 591.34, F.S.;
30 eliminating a procedure by which permission may
31 be obtained from the Department of Agriculture
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SB 274 First Engrossed
1 and Consumer Services to cut seed trees;
2 amending s. 27.151, F.S.; expanding
3 considerations of the Governor in making an
4 executive order confidential; correcting a
5 cross reference; amending s. 399.02, F.S.;
6 eliminating a confidentiality requirement of
7 the Department of Business and Professional
8 Regulation with respect to the names of
9 companies under contract to provide elevator
10 service maintenance; amending s. 655.0321,
11 F.S.; expanding considerations of the
12 Department of Banking and Finance in
13 determining whether specified hearings and
14 proceedings and documents related thereto shall
15 be exempt from public records and meetings
16 requirements; correcting a cross reference;
17 amending ss. 15.09, 23.22, 101.5607, 112.533,
18 231.291, 257.34, 257.35, 282.21, 287.0943,
19 320.05, 322.20, 338.223, 378.406, 400.0077,
20 401.27, 403.111, 409.2577, 455.219, 456.025,
21 627.311, 627.351, 633.527, 668.50, and 794.024,
22 F.S.; conforming cross references; reenacting
23 s. 947.13(2)(a), F.S., relating to the duty of
24 the Parole Commission to examine specified
25 records, to incorporate the amendment to s.
26 945.25, F.S., in a reference thereto;
27 designating the Records Management Center of
28 the Department of State as the "James C. 'Jim'
29 Smith Records Center"; providing an effective
30 date.
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SB 274 First Engrossed
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Subsection (1) of section 18.20, Florida
4 Statutes, is amended to read:
5 18.20 Treasurer to make reproductions of certain
6 warrants, records, and documents.--
7 (1) All vouchers or checks heretofore or hereafter
8 drawn by appropriate court officials of the several counties
9 of the state against money deposited with the Treasurer under
10 the provisions of s. 43.17, and paid by the Treasurer, may be
11 photographed, microphotographed, or reproduced on film by the
12 Treasurer. Such photographic film shall be durable material
13 and the device used to so reproduce such warrants, vouchers,
14 or checks shall be one which accurately reproduces the
15 originals thereof in all detail; and such photographs,
16 microphotographs, or reproductions on film shall be placed in
17 conveniently accessible and identified files and shall be
18 preserved by the Treasurer as a part of the permanent records
19 of office. When any such warrants, vouchers, or checks have
20 been so photographed, microphotographed, or reproduced on
21 film, and the photographs, microphotographs, or reproductions
22 on film thereof have been placed in files as a part of the
23 permanent records of the office of the Treasurer as aforesaid,
24 the Treasurer is authorized to return such warrants, vouchers,
25 or checks to the offices of the respective county officials
26 who drew the same and such warrants, vouchers, or checks shall
27 be retained and preserved in such offices to which returned as
28 a part of the permanent records of such offices.
29 Section 2. Section 119.01, Florida Statutes, is
30 amended to read:
31 119.01 General state policy on public records.--
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SB 274 First Engrossed
1 (1) It is the policy of this state that all state,
2 county, and municipal records are shall be open for personal
3 inspection by any person unless the records are exempt from
4 inspection.
5 (2) The Legislature finds that, given advancements in
6 technology, Providing access to public records is a duty of
7 each agency. by remote electronic means is an additional
8 method of access that agencies should strive to provide to the
9 extent feasible. If an agency provides access to public
10 records by remote electronic means, then such access should be
11 provided in the most cost-effective and efficient manner
12 available to the agency providing the information.
13 (2)(3)(a) The Legislature finds that providing access
14 to public records is a duty of each agency and that Automation
15 of public records must not erode the right of access to public
16 those records. As each agency increases its use of and
17 dependence on electronic recordkeeping, each agency must
18 provide ensure reasonable public access to records
19 electronically maintained and must keep information made
20 exempt or confidential from being disclosed to the public.
21 (b) An agency must consider when designing or
22 acquiring an electronic recordkeeping system whether such
23 system is capable of providing data in some common format such
24 as, but not limited to, the American Standard Code for
25 Information Interchange.
26 (c) An agency may not enter into a contract for the
27 creation or maintenance of a public records database if that
28 contract impairs the ability of the public to inspect or copy
29 the public records of the agency, including public records
30 that are on-line or stored in an electronic recordkeeping
31 system used by the agency.
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SB 274 First Engrossed
1 (d) Subject to the restrictions of copyright and trade
2 secret laws and public records exemptions, agency use of
3 proprietary software must not diminish the right of the public
4 to inspect and copy a public record.
5 (e) Providing access to public records by remote
6 electronic means is an additional method of access that
7 agencies should strive to provide to the extent feasible. If
8 an agency provides access to public records by remote
9 electronic means, such access should be provided in the most
10 cost-effective and efficient manner available to the agency
11 providing the information.
12 (f) Each agency that maintains a public record in an
13 electronic recordkeeping system shall provide to any person,
14 pursuant to this chapter, a copy of any public record in that
15 system which is not exempted by law from public disclosure. An
16 agency must provide a copy of the record in the medium
17 requested if the agency maintains the record in that medium,
18 and the agency may charge a fee in accordance with this
19 chapter. For the purpose of satisfying a public records
20 request, the fee to be charged by an agency if it elects to
21 provide a copy of a public record in a medium not routinely
22 used by the agency, or if it elects to compile information not
23 routinely developed or maintained by the agency or that
24 requires a substantial amount of manipulation or programming,
25 must be in accordance with s. 119.07(4).
26 (3) If public funds are expended by an agency defined
27 in s. 119.011(2) in payment of dues or membership
28 contributions for any person, corporation, foundation, trust,
29 association, group, or other organization, all the financial,
30 business, and membership records of that person, corporation,
31 foundation, trust, association, group, or other organization
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SB 274 First Engrossed
1 which pertain to the public agency are public records and
2 subject to the provisions of s. 119.07.
3 (4) Each agency shall establish a program for the
4 disposal of records that do not have sufficient legal, fiscal,
5 administrative, or archival value in accordance with retention
6 schedules established by the records and information
7 management program of the Division of Library and Information
8 Services of the Department of State.
9 Section 3. Section 119.011, Florida Statutes, is
10 amended to read:
11 119.011 Definitions.--As used in For the purpose of
12 this chapter, the term:
13 (1) "Actual cost of duplication" means the cost of the
14 material and supplies used to duplicate the public record, but
15 it does not include the labor cost or overhead cost associated
16 with such duplication. "Public records" means all documents,
17 papers, letters, maps, books, tapes, photographs, films, sound
18 recordings, data processing software, or other material,
19 regardless of the physical form, characteristics, or means of
20 transmission, made or received pursuant to law or ordinance or
21 in connection with the transaction of official business by any
22 agency.
23 (2) "Agency" means any state, county, district,
24 authority, or municipal officer, department, division, board,
25 bureau, commission, or other separate unit of government
26 created or established by law including, for the purposes of
27 this chapter, the Commission on Ethics, the Public Service
28 Commission, and the Office of Public Counsel, and any other
29 public or private agency, person, partnership, corporation, or
30 business entity acting on behalf of any public agency.
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SB 274 First Engrossed
1 (3)(a) "Criminal intelligence information" means
2 information with respect to an identifiable person or group of
3 persons collected by a criminal justice agency in an effort to
4 anticipate, prevent, or monitor possible criminal activity.
5 (b) "Criminal investigative information" means
6 information with respect to an identifiable person or group of
7 persons compiled by a criminal justice agency in the course of
8 conducting a criminal investigation of a specific act or
9 omission, including, but not limited to, information derived
10 from laboratory tests, reports of investigators or informants,
11 or any type of surveillance.
12 (c) "Criminal intelligence information" and "criminal
13 investigative information" shall not include:
14 1. The time, date, location, and nature of a reported
15 crime.
16 2. The name, sex, age, and address of a person
17 arrested or of the victim of a crime except as provided in s.
18 119.07(6)(3)(f).
19 3. The time, date, and location of the incident and of
20 the arrest.
21 4. The crime charged.
22 5. Documents given or required by law or agency rule
23 to be given to the person arrested, except as provided in s.
24 119.07(6)(3)(f), and, except that the court in a criminal case
25 may order that certain information required by law or agency
26 rule to be given to the person arrested be maintained in a
27 confidential manner and exempt from the provisions of s.
28 119.07(1) until released at trial if it is found that the
29 release of such information would:
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SB 274 First Engrossed
1 a. Be defamatory to the good name of a victim or
2 witness or would jeopardize the safety of such victim or
3 witness; and
4 b. Impair the ability of a state attorney to locate or
5 prosecute a codefendant.
6 6. Informations and indictments except as provided in
7 s. 905.26.
8 (d) The word "active" shall have the following
9 meaning:
10 1. Criminal intelligence information shall be
11 considered "active" as long as it is related to intelligence
12 gathering conducted with a reasonable, good faith belief that
13 it will lead to detection of ongoing or reasonably anticipated
14 criminal activities.
15 2. Criminal investigative information shall be
16 considered "active" as long as it is related to an ongoing
17 investigation which is continuing with a reasonable, good
18 faith anticipation of securing an arrest or prosecution in the
19 foreseeable future.
20
21 In addition, criminal intelligence and criminal investigative
22 information shall be considered "active" while such
23 information is directly related to pending prosecutions or
24 appeals. The word "active" shall not apply to information in
25 cases which are barred from prosecution under the provisions
26 of s. 775.15 or other statute of limitation.
27 (4) "Criminal justice agency" means:
28 (a) Any law enforcement agency, court, or prosecutor;.
29 The term also includes
30 (b) Any other agency charged by law with criminal law
31 enforcement duties;, or
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SB 274 First Engrossed
1 (c) Any agency having custody of criminal intelligence
2 information or criminal investigative information for the
3 purpose of assisting such law enforcement agencies in the
4 conduct of active criminal investigation or prosecution or for
5 the purpose of litigating civil actions under the Racketeer
6 Influenced and Corrupt Organization Act, during the time that
7 such agencies are in possession of criminal intelligence
8 information or criminal investigative information pursuant to
9 their criminal law enforcement duties; or. The term also
10 includes
11 (d) The Department of Corrections.
12 (5) "Custodian of public records" means the elected or
13 appointed state, county, or municipal officer charged with the
14 responsibility of maintaining the office having public
15 records, or his or her designee.
16 (6) "Data processing software" means the programs and
17 routines used to employ and control the capabilities of data
18 processing hardware, including, but not limited to, operating
19 systems, compilers, assemblers, utilities, library routines,
20 maintenance routines, applications, and computer networking
21 programs.
22 (7) "Duplicated copies" means new copies produced by
23 duplicating, as defined in s. 283.30.
24 (8) "Exemption" means a provision of general law which
25 provides that a specified record or meeting, or portion
26 thereof, is not subject to the access requirements of s.
27 119.07(1), s. 286.011, or s. 24, Art. I of the State
28 Constitution.
29 (9) "Information technology resources" has the meaning
30 ascribed in s. 282.0041(7).
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SB 274 First Engrossed
1 (10) "Proprietary software" means data processing
2 software that is protected by copyright or trade secret laws.
3 (11) "Public records" means all documents, papers,
4 letters, maps, books, tapes, photographs, films, sound
5 recordings, data processing software, or other material,
6 regardless of the physical form, characteristics, or means of
7 transmission, made or received pursuant to law or ordinance or
8 in connection with the transaction of official business by any
9 agency.
10 (12) "Sensitive," for purposes of defining
11 agency-produced software that is sensitive, means only those
12 portions of data processing software, including the
13 specifications and documentation, which are used to:
14 (a) Collect, process, store, and retrieve information
15 that is exempt from s. 119.07(1);
16 (b) Collect, process, store, and retrieve financial
17 management information of the agency, such as payroll and
18 accounting records; or
19 (c) Control and direct access authorizations and
20 security measures for automated systems.
21 Section 4. Sections 119.0115, 119.012, and 119.02,
22 Florida Statutes, are repealed.
23 Section 5. Section 119.021, Florida Statutes, is
24 amended to read:
25 (Substantial rewording of section. See
26 s. 119.021, F.S., for present text.)
27 119.021 Custodial requirements; maintenance,
28 preservation, and retention of public records.--
29 (1) Public records shall be maintained and preserved
30 as follows:
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SB 274 First Engrossed
1 (a) All public records should be kept in the buildings
2 in which they are ordinarily used.
3 (b) Insofar as practicable, a custodian of public
4 records of vital, permanent, or archival records shall keep
5 them in fireproof and waterproof safes, vaults, or rooms
6 fitted with noncombustible materials and in such arrangement
7 as to be easily accessible for convenient use.
8 (c)1. Record books should be copied or repaired,
9 renovated, or rebound if worn, mutilated, damaged, or
10 difficult to read.
11 2. Whenever any state, county, or municipal records
12 are in need of repair, restoration, or rebinding, the head of
13 the concerned state agency, department, board, or commission;
14 the board of county commissioners of such county; or the
15 governing body of such municipality may authorize that such
16 records be removed from the building or office in which such
17 records are ordinarily kept for the length of time required to
18 repair, restore, or rebind them.
19 3. Any public official who causes a record book to be
20 copied shall attest and certify under oath that the copy is an
21 accurate copy of the original book. The copy shall then have
22 the force and effect of the original.
23 (2)(a) The Division of Library and Information
24 Services of the Department of State shall adopt rules to
25 establish retention schedules and a disposal process for
26 public records.
27 (b) Each agency shall comply with the rules
28 establishing retention schedules and disposal processes for
29 public records which are adopted by the records and
30 information management program of the division.
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SB 274 First Engrossed
1 (c) Every public official shall systematically dispose
2 of records no longer needed, subject to the consent of the
3 records and information management program of the division in
4 accordance with s. 257.36.
5 (d) The division may ascertain the condition of public
6 records and shall give advice and assistance to public
7 officials to solve problems related to the preservation,
8 creation, filing, and public accessibility of public records
9 in their custody. Public officials shall assist the division
10 by preparing an inclusive inventory of categories of public
11 records in their custody. The division shall establish a time
12 period for the retention or disposal of each series of
13 records. Upon the completion of the inventory and schedule,
14 the division shall, subject to the availability of necessary
15 space, staff, and other facilities for such purposes, make
16 space available in its records center for the filing of
17 semicurrent records so scheduled and in its archives for
18 noncurrent records of permanent value, and shall render such
19 other assistance as needed, including the microfilming of
20 records so scheduled.
21 (3) Agency orders that comprise final agency action
22 and that must be indexed or listed pursuant to s. 120.53 have
23 continuing legal significance; therefore, notwithstanding any
24 other provision of this chapter or any provision of chapter
25 257, each agency shall permanently maintain records of such
26 orders pursuant to the applicable rules of the Department of
27 State.
28 (4)(a) Whoever has custody of any public records shall
29 deliver, at the expiration of his or her term of office, to
30 his or her successor or, if there be none, to the records and
31 information management program of the Division of Library and
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SB 274 First Engrossed
1 Information Services of the Department of State, all public
2 records kept or received by him or her in the transaction of
3 official business.
4 (b) Whoever is entitled to custody of public records
5 shall demand them from any person having illegal possession of
6 them, who must forthwith deliver the same to him or her. Any
7 person unlawfully possessing public records must within 10
8 days deliver such records to the lawful custodian of public
9 records unless just cause exists for failing to deliver such
10 records.
11 Section 6. Sections 119.031, 119.041, 119.05, and
12 119.06, Florida Statutes, are repealed.
13 Section 7. Section 119.07, Florida Statutes, as
14 amended by chapter 2001-364, Laws of Florida, is amended to
15 read:
16 119.07 Inspection, examination, and copying
17 duplication of records; fees; exemptions.--
18 (1)(a) Every person who has custody of a public record
19 shall permit the record to be inspected and copied examined by
20 any person desiring to do so, at any reasonable time, under
21 reasonable conditions, and under supervision by the custodian
22 of the public records record or the custodian's designee.
23 (b) A person who has custody of a public record who
24 asserts that an exemption applies to a part of such record
25 shall delete or excise from a copy of that record that portion
26 of the record to which an exemption has been asserted and
27 validly applies, and such person shall produce the remainder
28 of such record for inspection and copying.
29 (c) If the person who has custody of a public record
30 contends that the record or part of it is exempt from
31 inspection and copying, he or she shall state the basis of the
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SB 274 First Engrossed
1 exemption that he or she contends is applicable to the record,
2 including the statutory citation to an exemption created or
3 afforded by statute.
4 (d) If requested by the person seeking to inspect or
5 copy the record, the custodian of public records shall state
6 in writing and with particularity the reasons for the
7 conclusion that the record is exempt.
8 (e) In any civil action in which an exemption to this
9 section is asserted, if the exemption is alleged to exist
10 under or by virtue of paragraph (6)(c), paragraph (6)(d),
11 paragraph (6)(e), paragraph (6)(k), paragraph (6)(l), or
12 paragraph (6)(o), the public record or part thereof in
13 question shall be submitted to the court for an inspection in
14 camera. If an exemption is alleged to exist under or by virtue
15 of paragraph (6)(b), an inspection in camera will be
16 discretionary with the court. If the court finds that the
17 asserted exemption is not applicable, it shall order the
18 public record or part thereof in question to be immediately
19 produced for inspection or copying as requested by the person
20 seeking such access.
21 (f) Even if an assertion is made by the custodian of
22 public records that a requested record is not a public record
23 subject to public inspection or copying under this subsection,
24 the requested record shall, nevertheless, not be disposed of
25 for a period of 30 days after the date on which a written
26 request to inspect or copy the record was served on or
27 otherwise made to the custodian of public records by the
28 person seeking access to the record. If a civil action is
29 instituted within the 30-day period to enforce the provisions
30 of this section with respect to the requested record, the
31 custodian of public records may not dispose of the record
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SB 274 First Engrossed
1 except by order of a court of competent jurisdiction after
2 notice to all affected parties.
3 (g) The absence of a civil action instituted for the
4 purpose stated in paragraph (e) does not relieve the custodian
5 of public records of the duty to maintain the record as a
6 public record if the record is in fact a public record subject
7 to public inspection and copying under this subsection and
8 does not otherwise excuse or exonerate the custodian of public
9 records from any unauthorized or unlawful disposition of such
10 record.
11 (2)(a) Any person shall have the right of access to
12 public records for the purpose of making photographs of the
13 record while in the possession, custody, and control of the
14 custodian of public records.
15 (b) This subsection applies to the making of
16 photographs in the conventional sense by use of a camera
17 device to capture images of public records but excludes the
18 duplication of microfilm in the possession of the clerk of the
19 circuit court where a copy of the microfilm may be made
20 available by the clerk.
21 (c) Photographing public records shall be done under
22 the supervision of the custodian of public records, who may
23 adopt and enforce reasonable rules governing the work.
24 (d) Photographing of public records shall be done in
25 the room where the public records are kept. If, in the
26 judgment of the custodian of public records, this is
27 impossible or impracticable, the work shall be done in another
28 room or place, as nearly adjacent as possible to the room
29 where the public records are kept, to be determined by the
30 custodian of public records. Where provision of another room
31 or place for photographing is required, the expense of
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SB 274 First Engrossed
1 providing the same shall be paid by the person desiring to
2 photograph the public record pursuant to paragraph (4)(e).
3 (3)(a) As an additional means of inspecting or copying
4 public records, a custodian of public records may provide
5 access to public records by remote electronic means, provided
6 confidential or exempt information is not disclosed.
7 (b) The custodian of public records shall provide
8 safeguards to protect the contents of public records from
9 unauthorized remote electronic access or alteration and to
10 prevent the disclosure or modification of those portions of
11 public records which are exempt from subsection (1) or s. 24,
12 Art. I of the State Constitution.
13 (c) Unless otherwise required by law, the custodian of
14 public records may charge a fee for remote electronic access,
15 granted under a contractual arrangement with a user, which fee
16 may include the direct and indirect costs of providing such
17 access. Fees for remote electronic access provided to the
18 general public shall be in accordance with the provisions of
19 this section.
20 (4) The custodian of public records shall furnish a
21 copy or a certified copy of the record upon payment of the fee
22 prescribed by law. or, If a fee is not prescribed by law, the
23 following fees are authorized:
24 (a)1. Up to 15 cents per one-sided copy for duplicated
25 copies of not more than 14 inches by 8 1/2 inches;
26 2. An agency may charge no more than an additional 5
27 cents for each two-sided copy;, upon payment of not more than
28 15 cents per one-sided copy, and
29 3. For all other copies, upon payment of the actual
30 cost of duplication of the public record. An agency may
31 charge no more than an additional 5 cents for each two-sided
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SB 274 First Engrossed
1 duplicated copy. For purposes of this section, duplicated
2 copies shall mean new copies produced by duplicating, as
3 defined in s. 283.30. The phrase "actual cost of duplication"
4 means the cost of the material and supplies used to duplicate
5 the record, but it does not include the labor cost or overhead
6 cost associated with such duplication. However,
7 (b) The charge for copies of county maps or aerial
8 photographs supplied by county constitutional officers may
9 also include a reasonable charge for the labor and overhead
10 associated with their duplication. Unless otherwise provided
11 by law, the fees to be charged for duplication of public
12 records shall be collected, deposited, and accounted for in
13 the manner prescribed for other operating funds of the agency.
14 (c) An agency may charge up to $1 per copy for a
15 certified copy of a public record.
16 (d)(b) If the nature or volume of public records
17 requested to be inspected, examined, or copied pursuant to
18 this subsection is such as to require extensive use of
19 information technology resources or extensive clerical or
20 supervisory assistance by personnel of the agency involved, or
21 both, the agency may charge, in addition to the actual cost of
22 duplication, a special service charge, which shall be
23 reasonable and shall be based on the cost incurred for such
24 extensive use of information technology resources or the labor
25 cost of the personnel providing the service that is actually
26 incurred by the agency or attributable to the agency for the
27 clerical and supervisory assistance required, or both.
28 (e)1. Where provision of another room or place is
29 necessary to photograph public records, the expense of
30 providing the same shall be paid by the person desiring to
31 photograph the public records.
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SB 274 First Engrossed
1 2. The custodian of public records may charge the
2 person making the photographs for supervision services at a
3 rate of compensation to be agreed upon by the person desiring
4 to make the photographs and the custodian of public records.
5 If they fail to agree as to the appropriate charge, then the
6 charge is to be determined by the custodian of public records.
7 "Information technology resources" means data processing
8 hardware and software and services, communications, supplies,
9 personnel, facility resources, maintenance, and training.
10 (5)(c) When ballots are produced under this section
11 for inspection or examination, no persons other than the
12 supervisor of elections or the supervisor's employees shall
13 touch the ballots. The supervisor of elections shall make a
14 reasonable effort to notify all candidates by telephone or
15 otherwise of the time and place of the inspection or
16 examination. All such candidates, or their representatives,
17 shall be allowed to be present during the inspection or
18 examination.
19 (2)(a) A person who has custody of a public record and
20 who asserts that an exemption provided in subsection (3) or in
21 a general or special law applies to a particular public record
22 or part of such record shall delete or excise from the record
23 only that portion of the record with respect to which an
24 exemption has been asserted and validly applies, and such
25 person shall produce the remainder of such record for
26 inspection and examination. If the person who has custody of
27 a public record contends that the record or part of it is
28 exempt from inspection and examination, he or she shall state
29 the basis of the exemption which he or she contends is
30 applicable to the record, including the statutory citation to
31 an exemption created or afforded by statute, and, if requested
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SB 274 First Engrossed
1 by the person seeking the right under this subsection to
2 inspect, examine, or copy the record, he or she shall state in
3 writing and with particularity the reasons for the conclusion
4 that the record is exempt.
5 (b) In any civil action in which an exemption to
6 subsection (1) is asserted, if the exemption is alleged to
7 exist under or by virtue of paragraph (c), paragraph (d),
8 paragraph (e), paragraph (k), paragraph (l), or paragraph (o)
9 of subsection (3), the public record or part thereof in
10 question shall be submitted to the court for an inspection in
11 camera. If an exemption is alleged to exist under or by
12 virtue of paragraph (b) of subsection (3), an inspection in
13 camera will be discretionary with the court. If the court
14 finds that the asserted exemption is not applicable, it shall
15 order the public record or part thereof in question to be
16 immediately produced for inspection, examination, or copying
17 as requested by the person seeking such access.
18 (c) Even if an assertion is made by the custodian of a
19 public record that a requested record is not a public record
20 subject to public inspection and examination under subsection
21 (1), the requested record shall, nevertheless, not be disposed
22 of for a period of 30 days after the date on which a written
23 request requesting the right to inspect, examine, or copy the
24 record was served on or otherwise made to the custodian of the
25 record by the person seeking access to the record. If a civil
26 action is instituted within the 30-day period to enforce the
27 provisions of this section with respect to the requested
28 record, the custodian shall not dispose of the record except
29 by order of a court of competent jurisdiction after notice to
30 all affected parties.
31
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SB 274 First Engrossed
1 (d) The absence of a civil action instituted for the
2 purpose stated in paragraph (c) will not relieve the custodian
3 of the duty to maintain the record as a public record if the
4 record is in fact a public record subject to public inspection
5 and examination under subsection (1) and will not otherwise
6 excuse or exonerate the custodian from any unauthorized or
7 unlawful disposition of such record.
8 (6)(3)(a) Examination questions and answer sheets of
9 examinations administered by a governmental agency for the
10 purpose of licensure, certification, or employment are exempt
11 from the provisions of subsection (1) and s. 24(a), Art. I of
12 the State Constitution. A person who has taken such an
13 examination shall have the right to review his or her own
14 completed examination.
15 (b)1. Active criminal intelligence information and
16 active criminal investigative information are exempt from the
17 provisions of subsection (1) and s. 24(a), Art. I of the State
18 Constitution.
19 2. A request of a law enforcement agency to inspect or
20 copy a public record that is in the custody of another agency,
21 the custodian's response to the request, and any information
22 that would identify the public record that was requested by
23 the law enforcement agency or provided by the custodian are
24 exempt from the requirements of subsection (1) and s. 24(a),
25 Art. I of the State Constitution, during the period in which
26 the information constitutes criminal intelligence
27 criminal-intelligence information or criminal investigative
28 criminal-investigative information that is active. This
29 exemption is remedial in nature and it is the intent of the
30 Legislature that the exemption be applied to requests for
31 information received before, on, or after the effective date
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SB 274 First Engrossed
1 of this subparagraph. The law enforcement agency shall give
2 notice to the custodial agency when the criminal intelligence
3 criminal-intelligence information or criminal investigative
4 criminal-investigative information is no longer active, so
5 that the custodian's response to the request and information
6 that would identify the public record requested are available
7 to the public. This subparagraph is subject to the Open
8 Government Sunset Review Act of 1995 in accordance with s.
9 119.15 and shall stand repealed October 2, 2007, unless
10 reviewed and saved from repeal through reenactment by the
11 Legislature.
12 (c) Any information revealing the identity of a
13 confidential informant or a confidential source is exempt from
14 the provisions of subsection (1) and s. 24(a), Art. I of the
15 State Constitution.
16 (d) Any information revealing surveillance techniques
17 or procedures or personnel is exempt from the provisions of
18 subsection (1) and s. 24(a), Art. I of the State Constitution.
19 Any comprehensive inventory of state and local law enforcement
20 resources compiled pursuant to part I, chapter 23, and any
21 comprehensive policies or plans compiled by a criminal justice
22 agency pertaining to the mobilization, deployment, or tactical
23 operations involved in responding to emergencies, as defined
24 in s. 252.34(3), are exempt from the provisions of subsection
25 (1) and s. 24(a), Art. I of the State Constitution and
26 unavailable for inspection, except by personnel authorized by
27 a state or local law enforcement agency, the office of the
28 Governor, the Department of Legal Affairs, the Department of
29 Law Enforcement, or the Department of Community Affairs as
30 having an official need for access to the inventory or
31 comprehensive policies or plans.
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SB 274 First Engrossed
1 (e) Any information revealing undercover personnel of
2 any criminal justice agency is exempt from the provisions of
3 subsection (1) and s. 24(a), Art. I of the State Constitution.
4 (f) Any criminal intelligence information or criminal
5 investigative information including the photograph, name,
6 address, or other fact or information which reveals the
7 identity of the victim of the crime of sexual battery as
8 defined in chapter 794; the identity of the victim of a lewd
9 or lascivious offense committed upon or in the presence of a
10 person less than 16 years of age, as defined in chapter 800;
11 or the identity of the victim of the crime of child abuse as
12 defined by chapter 827 and any criminal intelligence
13 information or criminal investigative information or other
14 criminal record, including those portions of court records and
15 court proceedings, which may reveal the identity of a person
16 who is a victim of any sexual offense, including a sexual
17 offense proscribed in chapter 794, chapter 800, or chapter
18 827, is exempt from the provisions of subsection (1) and s.
19 24(a), Art. I of the State Constitution.
20 (g) Any criminal intelligence information or criminal
21 investigative information which reveals the personal assets of
22 the victim of a crime, other than property stolen or destroyed
23 during the commission of the crime, is exempt from the
24 provisions of subsection (1) and s. 24(a), Art. I of the State
25 Constitution.
26 (h) All criminal intelligence and criminal
27 investigative information received by a criminal justice
28 agency prior to January 25, 1979, is exempt from the
29 provisions of subsection (1) and s. 24(a), Art. I of the State
30 Constitution.
31
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SB 274 First Engrossed
1 (i)1. The home addresses, telephone numbers, social
2 security numbers, and photographs of active or former law
3 enforcement personnel, including correctional and correctional
4 probation officers, personnel of the Department of Children
5 and Family Services whose duties include the investigation of
6 abuse, neglect, exploitation, fraud, theft, or other criminal
7 activities, personnel of the Department of Health whose duties
8 are to support the investigation of child abuse or neglect,
9 and personnel of the Department of Revenue or local
10 governments whose responsibilities include revenue collection
11 and enforcement or child support enforcement; the home
12 addresses, telephone numbers, social security numbers,
13 photographs, and places of employment of the spouses and
14 children of such personnel; and the names and locations of
15 schools and day care facilities attended by the children of
16 such personnel are exempt from the provisions of subsection
17 (1). The home addresses, telephone numbers, and photographs of
18 firefighters certified in compliance with s. 633.35; the home
19 addresses, telephone numbers, photographs, and places of
20 employment of the spouses and children of such firefighters;
21 and the names and locations of schools and day care facilities
22 attended by the children of such firefighters are exempt from
23 subsection (1). The home addresses and telephone numbers of
24 justices of the Supreme Court, district court of appeal
25 judges, circuit court judges, and county court judges; the
26 home addresses, telephone numbers, and places of employment of
27 the spouses and children of justices and judges; and the names
28 and locations of schools and day care facilities attended by
29 the children of justices and judges are exempt from the
30 provisions of subsection (1). The home addresses, telephone
31 numbers, social security numbers, and photographs of current
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SB 274 First Engrossed
1 or former state attorneys, assistant state attorneys,
2 statewide prosecutors, or assistant statewide prosecutors; the
3 home addresses, telephone numbers, social security numbers,
4 photographs, and places of employment of the spouses and
5 children of current or former state attorneys, assistant state
6 attorneys, statewide prosecutors, or assistant statewide
7 prosecutors; and the names and locations of schools and day
8 care facilities attended by the children of current or former
9 state attorneys, assistant state attorneys, statewide
10 prosecutors, or assistant statewide prosecutors are exempt
11 from subsection (1) and s. 24(a), Art. I of the State
12 Constitution.
13 2. The home addresses, telephone numbers, social
14 security numbers, and photographs of current or former human
15 resource, labor relations, or employee relations directors,
16 assistant directors, managers, or assistant managers of any
17 local government agency or water management district whose
18 duties include hiring and firing employees, labor contract
19 negotiation, administration, or other personnel-related
20 duties; the names, home addresses, telephone numbers, social
21 security numbers, photographs, and places of employment of the
22 spouses and children of such personnel; and the names and
23 locations of schools and day care facilities attended by the
24 children of such personnel are exempt from subsection (1) and
25 s. 24(a), Art. I of the State Constitution. This subparagraph
26 is subject to the Open Government Sunset Review Act of 1995 in
27 accordance with s. 119.15, and shall stand repealed on October
28 2, 2006, unless reviewed and saved from repeal through
29 reenactment by the Legislature.
30 3. The home addresses, telephone numbers, social
31 security numbers, and photographs of current or former code
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SB 274 First Engrossed
1 enforcement officers; the names, home addresses, telephone
2 numbers, social security numbers, photographs, and places of
3 employment of the spouses and children of such persons; and
4 the names and locations of schools and day care facilities
5 attended by the children of such persons are exempt from
6 subsection (1) and s. 24(a), Art. I of the State Constitution.
7 This subparagraph is subject to the Open Government Sunset
8 Review Act of 1995 in accordance with s. 119.15, and shall
9 stand repealed on October 2, 2006, unless reviewed and saved
10 from repeal through reenactment by the Legislature.
11 4. An agency that is the custodian of the personal
12 information specified in subparagraph 1., subparagraph 2., or
13 subparagraph 3. and that is not the employer of the officer,
14 employee, justice, judge, or other person specified in
15 subparagraph 1., subparagraph 2., or subparagraph 3. shall
16 maintain the exempt status confidentiality of the personal
17 information only if the officer, employee, justice, judge,
18 other person, or employing agency of the designated employee
19 submits a written request for maintenance of the exemption
20 confidentiality to the custodial agency.
21 (j) Any information provided to an agency of state
22 government or to an agency of a political subdivision of the
23 state for the purpose of forming ridesharing arrangements,
24 which information reveals the identity of an individual who
25 has provided his or her name for ridesharing, as defined in s.
26 341.031, is exempt from the provisions of subsection (1) and
27 s. 24(a), Art. I of the State Constitution.
28 (k) Any information revealing the substance of a
29 confession of a person arrested is exempt from the provisions
30 of subsection (1) and s. 24(a), Art. I of the State
31 Constitution, until such time as the criminal case is finally
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SB 274 First Engrossed
1 determined by adjudication, dismissal, or other final
2 disposition.
3 (l)1. A public record which was prepared by an agency
4 attorney (including an attorney employed or retained by the
5 agency or employed or retained by another public officer or
6 agency to protect or represent the interests of the agency
7 having custody of the record) or prepared at the attorney's
8 express direction, which reflects a mental impression,
9 conclusion, litigation strategy, or legal theory of the
10 attorney or the agency, and which was prepared exclusively for
11 civil or criminal litigation or for adversarial administrative
12 proceedings, or which was prepared in anticipation of imminent
13 civil or criminal litigation or imminent adversarial
14 administrative proceedings, is exempt from the provisions of
15 subsection (1) and s. 24(a), Art. I of the State Constitution
16 until the conclusion of the litigation or adversarial
17 administrative proceedings. For purposes of capital collateral
18 litigation as set forth in s. 27.7001, the Attorney General's
19 office is entitled to claim this exemption for those public
20 records prepared for direct appeal as well as for all capital
21 collateral litigation after direct appeal until execution of
22 sentence or imposition of a life sentence.
23 2. This exemption is not waived by the release of such
24 public record to another public employee or officer of the
25 same agency or any person consulted by the agency attorney.
26 When asserting the right to withhold a public record pursuant
27 to this paragraph, the agency shall identify the potential
28 parties to any such criminal or civil litigation or
29 adversarial administrative proceedings. If a court finds that
30 the document or other record has been improperly withheld
31 under this paragraph, the party seeking access to such
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SB 274 First Engrossed
1 document or record shall be awarded reasonable attorney's fees
2 and costs in addition to any other remedy ordered by the
3 court.
4 (m) Sealed bids or proposals received by an agency
5 pursuant to invitations to bid or requests for proposals are
6 exempt from the provisions of subsection (1) and s. 24(a),
7 Art. I of the State Constitution until such time as the agency
8 provides notice of a decision or intended decision pursuant to
9 s. 120.57(3)(a) or within 10 days after bid or proposal
10 opening, whichever is earlier.
11 (n) When an agency of the executive branch of state
12 government seeks to acquire real property by purchase or
13 through the exercise of the power of eminent domain all
14 appraisals, other reports relating to value, offers, and
15 counteroffers must be in writing and are exempt from the
16 provisions of subsection (1) and s. 24(a), Art. I of the State
17 Constitution until execution of a valid option contract or a
18 written offer to sell that has been conditionally accepted by
19 the agency, at which time the exemption shall expire. The
20 agency shall not finally accept the offer for a period of 30
21 days in order to allow public review of the transaction. The
22 agency may give conditional acceptance to any option or offer
23 subject only to final acceptance by the agency after the
24 30-day review period. If a valid option contract is not
25 executed, or if a written offer to sell is not conditionally
26 accepted by the agency, then the exemption from the provisions
27 of this chapter shall expire at the conclusion of the
28 condemnation litigation of the subject property. An agency of
29 the executive branch may exempt title information, including
30 names and addresses of property owners whose property is
31 subject to acquisition by purchase or through the exercise of
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SB 274 First Engrossed
1 the power of eminent domain, from the provisions of subsection
2 (1) and s. 24(a), Art. I of the State Constitution to the same
3 extent as appraisals, other reports relating to value, offers,
4 and counteroffers. For the purpose of this paragraph, "option
5 contract" means an agreement of an agency of the executive
6 branch of state government to purchase real property subject
7 to final agency approval. This paragraph shall have no
8 application to other exemptions from the provisions of
9 subsection (1) which are contained in other provisions of law
10 and shall not be construed to be an express or implied repeal
11 thereof.
12 (o) Data processing software obtained by an agency
13 under a licensing agreement which prohibits its disclosure and
14 which software is a trade secret, as defined in s. 812.081,
15 and agency-produced data processing software which is
16 sensitive are exempt from the provisions of subsection (1) and
17 s. 24(a), Art. I of the State Constitution. The designation
18 of agency-produced software as sensitive shall not prohibit an
19 agency head from sharing or exchanging such software with
20 another public agency. As used in this paragraph:
21 1. "Data processing software" means the programs and
22 routines used to employ and control the capabilities of data
23 processing hardware, including, but not limited to, operating
24 systems, compilers, assemblers, utilities, library routines,
25 maintenance routines, applications, and computer networking
26 programs.
27 2. "Sensitive" means only those portions of data
28 processing software, including the specifications and
29 documentation, used to:
30 a. Collect, process, store, and retrieve information
31 which is exempt from the provisions of subsection (1);
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SB 274 First Engrossed
1 b. Collect, process, store, and retrieve financial
2 management information of the agency, such as payroll and
3 accounting records; or
4 c. Control and direct access authorizations and
5 security measures for automated systems.
6 (p) All complaints and other records in the custody of
7 any unit of local government which relate to a complaint of
8 discrimination relating to race, color, religion, sex,
9 national origin, age, handicap, marital status, sale or rental
10 of housing, the provision of brokerage services, or the
11 financing of housing are exempt from the provisions of
12 subsection (1) and s. 24(a), Art. I of the State Constitution
13 until a finding is made relating to probable cause, the
14 investigation of the complaint becomes inactive, or the
15 complaint or other record is made part of the official record
16 of any hearing or court proceeding. This provision shall not
17 affect any function or activity of the Florida Commission on
18 Human Relations. Any state or federal agency which is
19 authorized to have access to such complaints or records by any
20 provision of law shall be granted such access in the
21 furtherance of such agency's statutory duties, notwithstanding
22 the provisions of this section. This paragraph shall not be
23 construed to modify or repeal any special or local act.
24 (q) All complaints and other records in the custody of
25 any agency in the executive branch of state government which
26 relate to a complaint of discrimination relating to race,
27 color, religion, sex, national origin, age, handicap, or
28 marital status in connection with hiring practices, position
29 classifications, salary, benefits, discipline, discharge,
30 employee performance, evaluation, or other related activities
31 are exempt from the provisions of subsection (1) and s. 24(a),
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SB 274 First Engrossed
1 Art. I of the State Constitution until a finding is made
2 relating to probable cause, the investigation of the complaint
3 becomes inactive, or the complaint or other record is made
4 part of the official record of any hearing or court
5 proceeding. This provision shall not affect any function or
6 activity of the Florida Commission on Human Relations. Any
7 state or federal agency which is authorized to have access to
8 such complaints or records by any provision of law shall be
9 granted such access in the furtherance of such agency's
10 statutory duties, notwithstanding the provisions of this
11 section.
12 (r) All records supplied by a telecommunications
13 company, as defined by s. 364.02, to a state or local
14 governmental agency which contain the name, address, and
15 telephone number of subscribers are confidential and exempt
16 from the provisions of subsection (1) and s. 24(a), Art. I of
17 the State Constitution.
18 (s)1. Any document that reveals the identity, home or
19 employment telephone number, home or employment address, or
20 personal assets of the victim of a crime and identifies that
21 person as the victim of a crime, which document is received by
22 any agency that regularly receives information from or
23 concerning the victims of crime, is exempt from the provisions
24 of subsection (1) and s. 24(a), Art. I of the State
25 Constitution. Any information not otherwise held confidential
26 or exempt from the provisions of subsection (1) which reveals
27 the home or employment telephone number, home or employment
28 address, or personal assets of a person who has been the
29 victim of sexual battery, aggravated child abuse, aggravated
30 stalking, harassment, aggravated battery, or domestic violence
31 is exempt from the provisions of subsection (1) and s. 24(a),
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SB 274 First Engrossed
1 Art. I of the State Constitution, upon written request by the
2 victim, which must include official verification that an
3 applicable crime has occurred. Such information shall cease
4 to be exempt 5 years after the receipt of the written request.
5 Any state or federal agency that is authorized to have access
6 to such documents by any provision of law shall be granted
7 such access in the furtherance of such agency's statutory
8 duties, notwithstanding the provisions of this section.
9 2. Any information in a videotaped statement of a
10 minor who is alleged to be or who is a victim of sexual
11 battery, lewd acts, or other sexual misconduct proscribed in
12 chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s.
13 847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which
14 reveals that minor's identity, including, but not limited to,
15 the minor's face; the minor's home, school, church, or
16 employment telephone number; the minor's home, school, church,
17 or employment address; the name of the minor's school, church,
18 or place of employment; or the personal assets of the minor;
19 and which identifies that minor as the victim of a crime
20 described in this subparagraph, is confidential and exempt
21 from subsection (1) and s. 24(a), Art. I of the State
22 Constitution. Any governmental agency that is authorized to
23 have access to such statements by any provision of law shall
24 be granted such access in the furtherance of the agency's
25 statutory duties, notwithstanding the provisions of this
26 section. This subparagraph is subject to the Open Government
27 Sunset Review Act of 1995 in accordance with s. 119.15, and
28 shall stand repealed on October 2, 2003.
29 3. A public employee or officer who has access to the
30 videotaped statement of a minor who is alleged to be or who is
31 a victim of sexual battery, lewd acts, or other sexual
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SB 274 First Engrossed
1 misconduct proscribed in chapter 800 or in s. 794.011, s.
2 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or
3 s. 847.0145, may not willfully and knowingly disclose
4 videotaped information that reveals that minor's identity to a
5 person who is not assisting in the investigation or
6 prosecution of the alleged offense or to any person other than
7 the defendant, the defendant's attorney, or a person specified
8 in an order entered by the court having jurisdiction of the
9 alleged offense.
10 4. A person who violates subparagraph 3. commits a
11 misdemeanor of the first degree, punishable as provided in s.
12 775.082 or s. 775.083.
13 (t) Any financial statement which an agency requires a
14 prospective bidder to submit in order to prequalify for
15 bidding or for responding to a proposal for a road or any
16 other public works project is exempt from the provisions of
17 subsection (1) and s. 24(a), Art. I of the State Constitution.
18 (u) Where the alleged victim chooses not to file a
19 complaint and requests that records of the complaint remain
20 confidential, all records relating to an allegation of
21 employment discrimination are confidential and exempt from the
22 provisions of subsection (1) and s. 24(a), Art. I of the State
23 Constitution.
24 (v) Medical information pertaining to a prospective,
25 current, or former officer or employee of an agency which, if
26 disclosed, would identify that officer or employee is exempt
27 from the provisions of subsection (1) and s. 24(a), Art. I of
28 the State Constitution. However, such information may be
29 disclosed if the person to whom the information pertains or
30 the person's legal representative provides written permission
31 or pursuant to court order.
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SB 274 First Engrossed
1 (w)1. If certified pursuant to subparagraph 2., an
2 investigatory record of the Chief Inspector General within the
3 Executive Office of the Governor or of the employee designated
4 by an agency head as the agency inspector general under s.
5 112.3189 is exempt from the provisions of subsection (1) and
6 s. 24(a), Art. I of the State Constitution until the
7 investigation ceases to be active, or a report detailing the
8 investigation is provided to the Governor or the agency head,
9 or 60 days from the inception of the investigation for which
10 the record was made or received, whichever first occurs.
11 Investigatory records are those records which are related to
12 the investigation of an alleged, specific act or omission or
13 other wrongdoing, with respect to an identifiable person or
14 group of persons, based on information compiled by the Chief
15 Inspector General or by an agency inspector general, as named
16 under the provisions of s. 112.3189, in the course of an
17 investigation. An investigation is active if it is continuing
18 with a reasonable, good faith anticipation of resolution and
19 with reasonable dispatch.
20 2. The Governor, in the case of the Chief Inspector
21 General, or agency head, in the case of an employee designated
22 as the agency inspector general under s. 112.3189, may certify
23 such investigatory records require an exemption to protect the
24 integrity of the investigation or avoid unwarranted damage to
25 an individual's good name or reputation. The certification
26 shall specify the nature and purpose of the investigation and
27 shall be kept with the exempt records and made public when the
28 records are made public.
29 3. The provisions of this paragraph do not apply to
30 whistle-blower investigations conducted pursuant to the
31 provisions of ss. 112.3187, 112.3188, 112.3189, and 112.31895.
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1 (x) The social security numbers of all current and
2 former agency employees which numbers are contained in agency
3 employment records are exempt from subsection (1) and exempt
4 from s. 24(a), Art. I of the State Constitution. As used in
5 this paragraph, the term "agency" means an agency as defined
6 in s. 119.011.
7 (y) The audit report of an internal auditor prepared
8 for or on behalf of a unit of local government becomes a
9 public record when the audit becomes final. As used in this
10 paragraph, "unit of local government" means a county,
11 municipality, special district, local agency, authority,
12 consolidated city-county government, or any other local
13 governmental body or public body corporate or politic
14 authorized or created by general or special law. An audit
15 becomes final when the audit report is presented to the unit
16 of local government. Audit workpapers and notes related to
17 such audit report are confidential and exempt from the
18 provisions of subsection (1) and s. 24(a), Art. I of the State
19 Constitution until the audit is completed and the audit report
20 becomes final.
21 (z) Bank account numbers or debit, charge, or credit
22 card numbers given to an agency for the purpose of payment of
23 any fee or debt owing are confidential and exempt from
24 subsection (1) and s. 24(a), Art. I of the State Constitution.
25 However, such numbers may be used by an agency, as needed, in
26 any administrative or judicial proceeding, provided such
27 numbers are kept confidential and exempt, unless otherwise
28 ordered by the court. This paragraph is subject to the Open
29 Government Sunset Review Act of 1995 in accordance with s.
30 119.15, and shall stand repealed on October 2, 2001, unless
31
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1 reviewed and saved from repeal through reenactment by the
2 Legislature.
3 (z)(aa) Any data, record, or document used directly or
4 solely by a municipally owned utility to prepare and submit a
5 bid relative to the sale, distribution, or use of any service,
6 commodity, or tangible personal property to any customer or
7 prospective customer shall be exempt from the provisions of
8 subsection (1) and s. 24(a), Art. I of the State Constitution.
9 This exemption commences when a municipal utility identifies
10 in writing a specific bid to which it intends to respond. This
11 exemption no longer applies when the contract for sale,
12 distribution, or use of the service, commodity, or tangible
13 personal property is executed, a decision is made not to
14 execute such contract, or the project is no longer under
15 active consideration. The exemption in this paragraph includes
16 the bid documents actually furnished in response to the
17 request for bids. However, the exemption for the bid documents
18 submitted no longer applies after the bids are opened by the
19 customer or prospective customer.
20 (aa)(bb) Upon a request made in a form designated by
21 the Department of Highway Safety and Motor Vehicles, personal
22 information contained in a motor vehicle record that
23 identifies the requester is exempt from subsection (1) and s.
24 24(a), Art. I of the State Constitution except as provided in
25 this paragraph. Personal information includes, but is not
26 limited to, the requester's social security number, driver
27 identification number, name, address, telephone number, and
28 medical or disability information. For purposes of this
29 paragraph, personal information does not include information
30 relating to vehicular crashes, driving violations, and
31 driver's status. Such request may be made only by the person
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1 who is the subject of the motor vehicle record. For purposes
2 of this paragraph, "motor vehicle record" means any record
3 that pertains to a motor vehicle operator's permit, motor
4 vehicle title, motor vehicle registration, or identification
5 card issued by the Department of Highway Safety and Motor
6 Vehicles. Personal information contained in motor vehicle
7 records exempted by an individual's request pursuant to this
8 paragraph shall be released by the department for any of the
9 following uses:
10 1. For use in connection with matters of motor vehicle
11 or driver safety and theft; motor vehicle emissions; motor
12 vehicle product alterations, recalls, or advisories;
13 performance monitoring of motor vehicles and dealers by motor
14 vehicle manufacturers; and removal of nonowner records from
15 the original owner records of motor vehicle manufacturers, to
16 carry out the purposes of the Automobile Information
17 Disclosure Act, the Motor Vehicle Information and Cost Saving
18 Act, the National Traffic and Motor Vehicle Safety Act of
19 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.
20 2. For use by any government agency, including any
21 court or law enforcement agency, in carrying out its
22 functions, or any private person or entity acting on behalf of
23 a federal, state, or local agency in carrying out its
24 functions.
25 3. For use in connection with matters of motor vehicle
26 or driver safety and theft; motor vehicle emissions; motor
27 vehicle product alterations, recalls, or advisories;
28 performance monitoring of motor vehicles, motor vehicle parts,
29 and dealers; motor vehicle market research activities,
30 including survey research; and removal of nonowner records
31
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1 from the original owner records of motor vehicle
2 manufacturers.
3 4. For use in the normal course of business by a
4 legitimate business or its agents, employees, or contractors,
5 but only:
6 a. To verify the accuracy of personal information
7 submitted by the individual to the business or its agents,
8 employees, or contractors; and
9 b. If such information as so submitted is not correct
10 or is no longer correct, to obtain the correct information,
11 but only for the purposes of preventing fraud by, pursuing
12 legal remedies against, or recovering on a debt or security
13 interest against, the individual.
14 5. For use in connection with any civil, criminal,
15 administrative, or arbitral proceeding in any court or agency
16 or before any self-regulatory body for:
17 a. Service of process by any certified process server,
18 special process server, or other person authorized to serve
19 process in this state.
20 b. Investigation in anticipation of litigation by an
21 attorney licensed to practice law in this state or the agent
22 of the attorney.
23 c. Investigation by any person in connection with any
24 filed proceeding.
25 d. Execution or enforcement of judgments and orders.
26 e. Compliance with an order of any court.
27 6. For use in research activities and for use in
28 producing statistical reports, so long as the personal
29 information is not published, redisclosed, or used to contact
30 individuals.
31
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1 7. For use by any insurer or insurance support
2 organization, or by a self-insured entity, or its agents,
3 employees, or contractors, in connection with claims
4 investigation activities, anti-fraud activities, rating, or
5 underwriting.
6 8. For use in providing notice to the owners of towed
7 or impounded vehicles.
8 9. For use by any licensed private investigative
9 agency or licensed security service for any purpose permitted
10 under this paragraph. Personal information obtained based on
11 an exempt driver's record may not be provided to a client who
12 cannot demonstrate a need based on a police report, court
13 order, or a business or personal relationship with the subject
14 of the investigation.
15 10. For use by an employer or its agent or insurer to
16 obtain or verify information relating to a holder of a
17 commercial driver's license that is required under the
18 Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App.
19 2710 et seq.
20 11. For use in connection with the operation of
21 private toll transportation facilities.
22 12. For bulk distribution for surveys, marketing, or
23 solicitations when the department has implemented methods and
24 procedures to ensure that:
25 a. Individuals are provided an opportunity, in a clear
26 and conspicuous manner, to prohibit such uses; and
27 b. The information will be used, rented, or sold
28 solely for bulk distribution for survey, marketing, and
29 solicitations, and that surveys, marketing, and solicitations
30 will not be directed at those individuals who have timely
31 requested that they not be directed at them.
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1 13. For any use if the requesting person demonstrates
2 that he or she has obtained the written consent of the person
3 who is the subject of the motor vehicle record.
4 14. For any other use specifically authorized by state
5 law, if such use is related to the operation of a motor
6 vehicle or public safety.
7
8 Personal information exempted from public disclosure according
9 to this paragraph may be disclosed by the Department of
10 Highway Safety and Motor Vehicles to an individual, firm,
11 corporation, or similar business entity whose primary business
12 interest is to resell or redisclose the personal information
13 to persons who are authorized to receive such information.
14 Prior to the department's disclosure of personal information,
15 such individual, firm, corporation, or similar business entity
16 must first enter into a contract with the department regarding
17 the care, custody, and control of the personal information to
18 ensure compliance with the federal Driver's Privacy Protection
19 Act of 1994 and applicable state laws. An authorized recipient
20 of personal information contained in a motor vehicle record,
21 except a recipient under subparagraph 12., may contract with
22 the Department of Highway Safety and Motor Vehicles to resell
23 or redisclose the information for any use permitted under this
24 paragraph. However, only authorized recipients of personal
25 information under subparagraph 12. may resell or redisclose
26 personal information pursuant to subparagraph 12. Any
27 authorized recipient who resells or rediscloses personal
28 information shall maintain, for a period of 5 years, records
29 identifying each person or entity that receives the personal
30 information and the permitted purpose for which it will be
31 used. Such records shall be made available for inspection upon
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1 request by the department. The department shall adopt rules to
2 carry out the purposes of this paragraph and the federal
3 Driver's Privacy Protection Act of 1994, Title XXX, Pub. L.
4 No. 103-322. Rules adopted by the department shall provide for
5 the payment of applicable fees and, prior to the disclosure of
6 personal information pursuant to this paragraph, shall require
7 the meeting of conditions by the requesting person for the
8 purposes of obtaining reasonable assurance concerning the
9 identity of such requesting person, and, to the extent
10 required, assurance that the use will be only as authorized or
11 that the consent of the person who is the subject of the
12 personal information has been obtained. Such conditions may
13 include, but need not be limited to, the making and filing of
14 a written application in such form and containing such
15 information and certification requirements as the department
16 requires.
17 (bb)(cc)1. Medical history records, bank account
18 numbers, credit card numbers, telephone numbers, and
19 information related to health or property insurance furnished
20 by an individual to any agency pursuant to federal, state, or
21 local housing assistance programs are confidential and exempt
22 from the provisions of subsection (1) and s. 24(a), Art. I of
23 the State Constitution. Any other information produced or
24 received by any private or public entity in direct connection
25 with federal, state, or local housing assistance programs,
26 unless the subject of another federal or state exemption, is
27 subject to subsection (1).
28 2. Governmental agencies or their agents are entitled
29 to access to the records specified in this paragraph for the
30 purposes of auditing federal, state, or local housing programs
31 or housing assistance programs. Such records may be used by an
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1 agency, as needed, in any administrative or judicial
2 proceeding, provided such records are kept confidential and
3 exempt, unless otherwise ordered by a court.
4 3. This paragraph is repealed effective October 2,
5 2003, and must be reviewed by the Legislature before that date
6 in accordance with s. 119.15, the Open Government Sunset
7 Review Act of 1995.
8 (cc)(dd) All personal identifying information; bank
9 account numbers; and debit, charge, and credit card numbers
10 contained in records relating to an individual's personal
11 health or eligibility for health-related services made or
12 received by the Department of Health or its service providers
13 are confidential and exempt from the provisions of subsection
14 (1) and s. 24(a), Art. I of the State Constitution, except as
15 otherwise provided in this paragraph. Information made
16 confidential and exempt by this paragraph shall be disclosed:
17 1. With the express written consent of the individual
18 or the individual's legally authorized representative.
19 2. In a medical emergency, but only to the extent
20 necessary to protect the health or life of the individual.
21 3. By court order upon a showing of good cause.
22 4. To a health research entity, if the entity seeks
23 the records or data pursuant to a research protocol approved
24 by the department, maintains the records or data in accordance
25 with the approved protocol, and enters into a purchase and
26 data-use agreement with the department, the fee provisions of
27 which are consistent with subsection (4) paragraph (1)(a).
28 The department may deny a request for records or data if the
29 protocol provides for intrusive follow-back contacts, has not
30 been approved by a human studies institutional review board,
31 does not plan for the destruction of confidential records
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1 after the research is concluded, is administratively
2 burdensome, or does not have scientific merit. The agreement
3 must restrict the release of any information, which would
4 permit the identification of persons, limit the use of records
5 or data to the approved research protocol, and prohibit any
6 other use of the records or data. Copies of records or data
7 issued pursuant to this subparagraph remain the property of
8 the department.
9
10 This paragraph is subject to the Open Government Sunset Review
11 Act of 1995, in accordance with s. 119.15, and shall stand
12 repealed on October 2, 2006, unless reviewed and saved from
13 repeal through reenactment by the Legislature.
14 (dd) Any videotape or video signal which, under an
15 agreement with an agency, is produced, made, or received by,
16 or is in the custody of, a federally licensed radio or
17 television station or its agent is exempt from this chapter.
18 (7)(4) Nothing in this section shall be construed to
19 exempt from subsection (1) a public record which was made a
20 part of a court file and which is not specifically closed by
21 order of court, except as provided in paragraphs (c), (d),
22 (e), (k), (l), and (o) of subsection (6) (3) and except
23 information or records which may reveal the identity of a
24 person who is a victim of a sexual offense as provided in
25 paragraph (f) of subsection (6) (3).
26 (8)(5) An exemption from this section does not imply
27 an exemption from or exception to s. 286.011. The exemption
28 from or exception to s. 286.011 must be expressly provided.
29 (9)(6) Nothing in subsection (6) (3) or any other
30 general or special law shall limit the access of the Auditor
31 General, the Office of Program Policy Analysis and Government
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1 Accountability, or any state, county, municipal, university,
2 board of community college, school district, or special
3 district internal auditor to public records when such person
4 states in writing that such records are needed for a properly
5 authorized audit, examination, or investigation. Such person
6 shall maintain the confidential or exempt status
7 confidentiality of a any public record records that is are
8 confidential or exempt from the provisions of subsection (1),
9 and shall be subject to the same penalties as the custodian
10 custodians of that record those public records for public
11 disclosure of such record violating confidentiality.
12 (10)(7)(a) Any person or organization, including the
13 Department of Children and Family Services, may petition the
14 court for an order making public the records of the Department
15 of Children and Family Services that pertain to investigations
16 of alleged abuse, neglect, abandonment, or exploitation of a
17 child or a vulnerable adult. The court shall determine if good
18 cause exists for public access to the records sought or a
19 portion thereof. In making this determination, the court shall
20 balance the best interest of the vulnerable adult or child who
21 is the focus of the investigation, and in the case of the
22 child, the interest of that child's siblings, together with
23 the privacy right of other persons identified in the reports
24 against the public interest. The public interest in access to
25 such records is reflected in s. 119.01(1), and includes the
26 need for citizens to know of and adequately evaluate the
27 actions of the Department of Children and Family Services and
28 the court system in providing vulnerable adults and children
29 of this state with the protections enumerated in ss. 39.001
30 and 415.101. However, this subsection does not contravene ss.
31 39.202 and 415.107, which protect the name of any person
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1 reporting the abuse, neglect, or exploitation of a child or a
2 vulnerable adult.
3 (b) In cases involving serious bodily injury to a
4 child or a vulnerable adult, the Department of Children and
5 Family Services may petition the court for an order for the
6 immediate public release of records of the department which
7 pertain to the protective investigation. The petition must be
8 personally served upon the child or vulnerable adult, the
9 child's parents or guardian, the legal guardian of that
10 person, if any, and any person named as an alleged perpetrator
11 in the report of abuse, neglect, abandonment, or exploitation.
12 The court must determine if good cause exists for the public
13 release of the records sought no later than 24 hours,
14 excluding Saturdays, Sundays, and legal holidays, after the
15 date the department filed the petition with the court. If the
16 court has neither granted nor denied the petition within the
17 24-hour time period, the department may release to the public
18 summary information including:
19 1. A confirmation that an investigation has been
20 conducted concerning the alleged victim.
21 2. The dates and brief description of procedural
22 activities undertaken during the department's investigation.
23 3. The date of each judicial proceeding, a summary of
24 each participant's recommendations made at the judicial
25 proceedings, and the rulings of the court.
26
27 The summary information may not include the name of, or other
28 identifying information with respect to, any person identified
29 in any investigation. In making a determination to release
30 confidential information, the court shall balance the best
31 interests of the vulnerable adult or child who is the focus of
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1 the investigation and, in the case of the child, the interests
2 of that child's siblings, together with the privacy rights of
3 other persons identified in the reports against the public
4 interest for access to public records. However, this paragraph
5 does not contravene ss. 39.202 and 415.107, which protect the
6 name of any person reporting abuse, neglect, or exploitation
7 of a child or a vulnerable adult.
8 (c) When the court determines that good cause for
9 public access exists, the court shall direct that the
10 department redact the name of and other identifying
11 information with respect to any person identified in any
12 protective investigation report until such time as the court
13 finds that there is probable cause to believe that the person
14 identified committed an act of alleged abuse, neglect, or
15 abandonment.
16 (11)(8) The provisions of this section are not
17 intended to expand or limit the provisions of Rule 3.220,
18 Florida Rules of Criminal Procedure, regarding the right and
19 extent of discovery by the state or by a defendant in a
20 criminal prosecution or in collateral postconviction
21 proceedings. This section may not be used by any inmate as
22 the basis for failing to timely litigate any postconviction
23 action.
24 Section 8. Sections 119.08 and 119.083, Florida
25 Statutes, are repealed.
26 Section 9. Section 119.084, Florida Statutes, is
27 amended to read:
28 119.084 Definitions; copyright of data processing
29 software created by governmental agencies; sale price and
30 licensing fee; access to public records; prohibited
31 contracts.--
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1 (1) As used in this section, the term:
2 (a) "agency" has the same meaning as in s. 119.011(2),
3 except that the term does not include any private agency,
4 person, partnership, corporation, or business entity.
5 (b) "Data processing software" means the programs and
6 routines used to employ and control the capabilities of data
7 processing hardware, including, but not limited to, operating
8 systems, compilers, assemblers, utilities, library routines,
9 maintenance routines, applications, and computer networking
10 programs.
11 (c) "Proprietary software" means data processing
12 software that is protected by copyright or trade secret laws.
13 (2) Any agency is authorized to acquire and hold
14 copyrights for data processing software created by the agency
15 and to enforce its rights pertaining to such copyrights,
16 provided that the agency complies with the requirements of
17 this section.
18 (a) Any agency that has acquired a copyright for data
19 processing software created by the agency may sell or license
20 the copyrighted data processing software to any public agency
21 or private person and may establish a price for the sale and a
22 license fee for the use of such data processing software.
23 Proceeds from the sale or licensing of copyrighted data
24 processing software shall be deposited by the agency into a
25 trust fund for the agency's appropriate use for authorized
26 purposes. Counties, municipalities, and other political
27 subdivisions of the state may designate how such sale and
28 licensing proceeds are to be used. The price for the sale of
29 and the fee for the licensing of copyrighted data processing
30 software may be based on market considerations. However, the
31 prices or fees for the sale or licensing of copyrighted data
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1 processing software to an individual or entity solely for
2 application to information maintained or generated by the
3 agency that created the copyrighted data processing software
4 shall be determined pursuant to s. 119.07(4)(1).
5 (b) The provisions of this subsection are supplemental
6 to, and shall not supplant or repeal, any other provision of
7 law that authorizes an agency to acquire and hold copyrights.
8 (3) Subject to the restrictions of copyright and trade
9 secret laws and public records exemptions, agency use of
10 proprietary software must not diminish the right of the public
11 to inspect and copy a public record.
12 (4) An agency must consider when designing or
13 acquiring an electronic recordkeeping system that such system
14 is capable of providing data in some common format such as,
15 but not limited to, the American Standard Code for Information
16 Interchange.
17 (5) Each agency that maintains a public record in an
18 electronic recordkeeping system shall provide to any person,
19 pursuant to this chapter, a copy of any public record in that
20 system which is not exempted by law from public disclosure.
21 An agency must provide a copy of the record in the medium
22 requested if the agency maintains the record in that medium,
23 and the agency may charge a fee which shall be in accordance
24 with this chapter. For the purpose of satisfying a public
25 records request, the fee to be charged by an agency if it
26 elects to provide a copy of a public record in a medium not
27 routinely used by the agency, or if it elects to compile
28 information not routinely developed or maintained by the
29 agency or that requires a substantial amount of manipulation
30 or programming, must be in accordance with s. 119.07(1)(b).
31
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1 (6) An agency may not enter into a contract for the
2 creation or maintenance of a public records database if that
3 contract impairs the ability of the public to inspect or copy
4 the public records of that agency, including public records
5 that are on-line or stored in an electronic recordkeeping
6 system used by the agency. Such contract may not allow any
7 impediment that as a practical matter makes it more difficult
8 for the public to inspect or copy the records than to inspect
9 or copy the agency's records. The fees and costs for the
10 production of such records may not be more than the fees or
11 costs charged by the agency.
12 (3)(7) This section is subject to the Open Government
13 Sunset Review Act of 1995 in accordance with s. 119.15 and
14 shall stand repealed on October 2, 2006, unless reviewed and
15 saved from repeal through reenactment by the Legislature.
16 Section 10. Sections 119.085 and 119.09, Florida
17 Statutes, are repealed.
18 Section 11. Section 119.10, Florida Statutes, is
19 amended to read:
20 119.10 Violation of chapter; penalties.--
21 (1) Any public officer who violates any provision of
22 this chapter is guilty of a noncriminal infraction, punishable
23 by fine not exceeding $500.
24 (2) Any person who willfully and knowingly violates:
25 violating
26 (a) Any of the provisions of this chapter commits is
27 guilty of a misdemeanor of the first degree, punishable as
28 provided in s. 775.082 or s. 775.083.
29 (b)(3) Section Any person who willfully and knowingly
30 violates s. 119.105 commits a felony of the third degree,
31
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1 punishable as provided in s. 775.082, s. 775.083, or s.
2 775.084.
3 Section 12. Section 119.105, Florida Statutes, is
4 amended to read:
5 119.105 Protection of victims of crimes or
6 accidents.--Police reports are public records except as
7 otherwise made exempt or confidential by general or special
8 law. Every person is allowed to examine nonexempt or
9 nonconfidential police reports. No person who inspects or
10 copies police reports for the purpose of obtaining the names
11 and addresses of the victims of crimes or accidents shall use
12 any information contained therein for any commercial
13 solicitation of the victims or relatives of the victims of the
14 reported crimes or accidents. Nothing herein shall prohibit
15 the publication of such information by any news media or the
16 use of such information for any other data collection or
17 analysis purposes.
18 Section 13. Paragraph (a) of subsection (1) of section
19 120.55, Florida Statutes, is amended to read:
20 120.55 Publication.--
21 (1) The Department of State shall:
22 (a)1. Through a continuous revision system, compile
23 and publish the "Florida Administrative Code." The Florida
24 Administrative Code shall contain Publish in a permanent
25 compilation entitled "Florida Administrative Code" all rules
26 adopted by each agency, citing the specific rulemaking
27 authority pursuant to which each rule was adopted, all history
28 notes as authorized in s. 120.545(9), and complete indexes to
29 all rules contained in the code. Supplementation shall be made
30 as often as practicable, but at least monthly. The department
31 may contract with a publishing firm for the publication, in a
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1 timely and useful form, of the Florida Administrative Code;
2 however, the department shall retain responsibility for the
3 code as provided in this section. This publication shall be
4 the official compilation of the administrative rules of this
5 state. The Department of State shall retain the copyright
6 over the Florida Administrative Code.
7 2. Rules general in form but applicable to only one
8 school district, community college district, or county, or a
9 part thereof, or university rules relating to internal
10 personnel or business and finance shall not be published in
11 the Florida Administrative Code. Exclusion from publication in
12 the Florida Administrative Code shall not affect the validity
13 or effectiveness of such rules.
14 3. At the beginning of the section of the code dealing
15 with an agency that files copies of its rules with the
16 department, the department shall publish the address and
17 telephone number of the executive offices of each agency, the
18 manner by which the agency indexes its rules, a listing of all
19 rules of that agency excluded from publication in the code,
20 and a statement as to where those rules may be inspected.
21 4. Forms shall not be published in the Florida
22 Administrative Code; but any form which an agency uses in its
23 dealings with the public, along with any accompanying
24 instructions, shall be filed with the committee before it is
25 used. Any form or instruction which meets the definition of
26 "rule" provided in s. 120.52 shall be incorporated by
27 reference into the appropriate rule. The reference shall
28 specifically state that the form is being incorporated by
29 reference and shall include the number, title, and effective
30 date of the form and an explanation of how the form may be
31 obtained.
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1 Section 14. Paragraph (b) of subsection (2) of section
2 257.36, Florida Statutes, is amended to read:
3 257.36 Records and information management.--
4 (2)
5 (b) Title to any record detained in any records center
6 shall remain in the agency transferring such record to the
7 division. When the Legislature transfers any duty or
8 responsibility of an agency to another agency, the receiving
9 agency shall be the custodian of public records with regard to
10 the public records associated with that transferred duty or
11 responsibility, and shall be responsible for the records
12 storage service charges of the division. If an agency is
13 dissolved and the legislation dissolving that agency does not
14 assign an existing agency as the custodian of public records
15 for the dissolved agency's records, then the Cabinet is the
16 custodian of public records for the dissolved agency, unless
17 the Cabinet otherwise designates a custodian. The Cabinet or
18 the agency designated by the Cabinet shall be responsible for
19 the records storage service charges of the division.
20 Section 15. Subsection (5) of section 328.15, Florida
21 Statutes, is amended to read:
22 328.15 Notice of lien on vessel; recording.--
23 (5) The Department of Highway Safety and Motor
24 Vehicles shall make such rules and regulations as it deems
25 necessary or proper for the effective administration of this
26 law. The department may by rule require that a notice of
27 satisfaction of a lien be notarized. The department shall
28 prepare the forms of the notice of lien and the satisfaction
29 of lien to be supplied, at a charge not to exceed 50 percent
30 more than cost, to applicants for recording the liens or
31 satisfactions and shall keep a permanent record of such
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1 notices of lien and satisfactions available for inspection by
2 the public at all reasonable times. The division is authorized
3 to furnish certified copies of such satisfactions for a fee of
4 $1, which certified copies shall be admissible in evidence in
5 all courts of this state under the same conditions and to the
6 same effect as certified copies of other public records.
7 Section 16. Subsection (4) of section 372.5717,
8 Florida Statutes, is amended to read:
9 372.5717 Hunter safety course; requirements;
10 penalty.--
11 (4) The commission shall issue a permanent hunter
12 safety certification card to each person who successfully
13 completes the hunter safety course. The commission shall
14 maintain permanent records of hunter safety certification
15 cards issued and shall establish procedures for replacing lost
16 or destroyed cards.
17 Section 17. Subsection (2) of section 560.121, Florida
18 Statutes, is amended to read:
19 560.121 Records; limited restrictions upon public
20 access.--
21 (2) Examination reports, investigatory records,
22 applications, and related information compiled by the
23 department, or photographic copies thereof, shall be retained
24 by the department for a period of at least 3 10 years from the
25 date that the examination or investigation ceases to be
26 active. Application records, and related information compiled
27 by the department, or photographic copies thereof, shall be
28 retained by the department for a period of at least 2 years
29 from the date that the registration ceases to be active.
30 Section 18. Subsection (6) of section 560.123, Florida
31 Statutes, is amended to read:
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1 560.123 Florida control of money laundering in the
2 Money Transmitters' Code; reports of transactions involving
3 currency or monetary instruments; when required; purpose;
4 definitions; penalties; corpus delicti.--
5 (6) The department must retain a copy of all reports
6 received under subsection (5) for a minimum of 3 5 calendar
7 years after receipt of the report. However, if a report or
8 information contained in a report is known by the department
9 to be the subject of an existing criminal proceeding, the
10 report must be retained for a minimum of 10 calendar years
11 from the date of receipt.
12 Section 19. Subsection (5) of section 560.129, Florida
13 Statutes, is amended to read:
14 560.129 Confidentiality.--
15 (5) Examination reports, investigatory records,
16 applications, and related information compiled by the
17 department, or photographic copies thereof, shall be retained
18 by the department for a period of at least 3 10 years from the
19 date that the examination or investigation ceases to be
20 active. Application records, and related information compiled
21 by the department, or photographic copies thereof, shall be
22 retained by the department for a period of at least 2 years
23 from the date that the registration ceases to be active.
24 Section 20. Subsection (3) of section 624.311, Florida
25 Statutes, is amended to read:
26 624.311 Records; reproductions; destruction.--
27 (3) The department may photograph, microphotograph, or
28 reproduce on film, or maintain in an electronic recordkeeping
29 system whereby each page will be reproduced in exact
30 conformity with the original, all financial records, financial
31 statements of domestic insurers, reports of business
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1 transacted in this state by foreign insurers and alien
2 insurers, reports of examination of domestic insurers, and
3 such other records and documents on file in its office as it
4 may in its discretion select.
5 Section 21. Subsection (1) of section 624.312, Florida
6 Statutes, is amended to read:
7 624.312 Reproductions and certified copies of records
8 as evidence.--
9 (1) Photographs or microphotographs in the form of
10 film or prints, or other reproductions from an electronic
11 recordkeeping system, of documents and records made under s.
12 624.311(3), or made under former s. 624.311(3) before October
13 1, 1982, shall have the same force and effect as the originals
14 thereof and shall be treated as originals for the purpose of
15 their admissibility in evidence. Duly certified or
16 authenticated reproductions of such photographs or
17 microphotographs or reproductions from an electronic
18 recordkeeping system shall be as admissible in evidence as the
19 originals.
20 Section 22. Subsection (2) of section 633.527, Florida
21 Statutes, is amended to read:
22 633.527 Records concerning applicant; extent of
23 confidentiality.--
24 (2) All examination test questions, answer sheets, and
25 grades shall be retained for a period of 2 5 years from the
26 date of the examination.
27 Section 23. Subsection (8) of section 655.50, Florida
28 Statutes, is amended to read:
29 655.50 Florida Control of Money Laundering in
30 Financial Institutions Act; reports of transactions involving
31
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SB 274 First Engrossed
1 currency or monetary instruments; when required; purpose;
2 definitions; penalties.--
3 (8)(a) The department shall retain a copy of all
4 reports received under subsection (4) for a minimum of 5
5 calendar years after receipt of the report. However, if a
6 report or information contained in a report is known by the
7 department to be the subject of an existing criminal
8 proceeding, the report shall be retained for a minimum of 10
9 calendar years after receipt of the report.
10 (a)(b) Each financial institution shall maintain for a
11 minimum of 5 calendar years full and complete records of all
12 financial transactions, including all records required by 31
13 C.F.R. parts 103.33 and 103.34.
14 (b)(c) The financial institution shall retain a copy
15 of all reports filed with the department under subsection (4)
16 for a minimum of 5 calendar years after submission of the
17 report. However, if a report or information contained in a
18 report is known by the financial institution to be the subject
19 of an existing criminal proceeding, the report shall be
20 retained for a minimum of 10 calendar years after submission
21 of the report.
22 (c)(d) The financial institution shall retain a copy
23 of all records of exemption for each designation of exempt
24 person made pursuant to subsection (6) for a minimum of 5
25 calendar years after termination of exempt status of such
26 customer. However, if it is known by the financial institution
27 that the customer or the transactions of the customer are the
28 subject of an existing criminal proceeding, the records shall
29 be retained for a minimum of 10 calendar years after
30 termination of exempt status of such customer.
31
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SB 274 First Engrossed
1 Section 24. Section 945.25, Florida Statutes, is
2 amended to read:
3 945.25 Records.--
4 (1) It shall be the duty of the Department of
5 Corrections to obtain and place in its permanent records
6 information as complete as practicable may be practicably
7 available on every person who may be sentenced to supervision
8 or incarceration under the jurisdiction of the department
9 become subject to parole. Such information shall be obtained
10 as soon as possible after imposition of sentence and shall, in
11 the discretion of the department, include, among other things:
12 (a) A copy of the indictment or information and a
13 complete statement of the facts of the crime for which such
14 person has been sentenced.
15 (b) The court in which the person was sentenced.
16 (c) The terms of the sentence.
17 (d) The name of the presiding judge, the prosecuting
18 officers, the investigating officers, and the attorneys for
19 the person convicted.
20 (e) A copy of all probation reports which may have
21 been made.
22 (f) Any social, physical, mental, psychiatric, or
23 criminal record of such person.
24 (2) The department, in its discretion, shall also
25 obtain and place in its permanent records such information on
26 every person who may be placed on probation, and on every
27 person who may become subject to pardon and commutation of
28 sentence.
29 (2)(3) It shall be the duty of the court and its
30 prosecuting officials to furnish to the department upon its
31 request such information and also to furnish such copies of
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SB 274 First Engrossed
1 such minutes and other records as may be in their possession
2 or under their control.
3 (3)(4) Following the initial hearing provided for in
4 s. 947.172(1), the commission shall prepare and the department
5 shall include in the official record a copy of the
6 seriousness-of-offense and favorable-parole-outcome scores and
7 shall include a listing of the specific factors and
8 information used in establishing a presumptive parole release
9 date for the inmate.
10 Section 25. Paragraph (e) of subsection (4) of section
11 985.31, Florida Statutes, is amended to read:
12 985.31 Serious or habitual juvenile offender.--
13 (4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
14 (e) The results of any serologic blood or urine test
15 on a serious or habitual juvenile offender shall become a part
16 of that child's permanent medical file. Upon transfer of the
17 child to any other designated treatment facility, such file
18 shall be transferred in an envelope marked confidential. The
19 results of any test designed to identify the human
20 immunodeficiency virus, or its antigen or antibody, shall be
21 accessible only to persons designated by rule of the
22 department. The provisions of such rule shall be consistent
23 with the guidelines established by the Centers for Disease
24 Control and Prevention.
25 Section 26. Paragraph (d) of subsection (6) of section
26 212.095, Florida Statutes, is repealed.
27 Section 27. Subsection (9) of section 238.03, Florida
28 Statutes, is repealed.
29 Section 28. Section 591.34, Florida Statutes, is
30 repealed.
31
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SB 274 First Engrossed
1 Section 29. Paragraph (a) of subsection (5) of section
2 15.09, Florida Statutes, is amended to read:
3 15.09 Fees.--
4 (5)(a) There is created within the Department of State
5 a Public Access Data Systems Trust Fund, which shall be used
6 by the department to purchase information systems and
7 equipment that provide greater public accessibility to the
8 information and records maintained by it. Notwithstanding any
9 other provision of law, the Divisions of Licensing, Elections,
10 and Corporations of the department shall transfer each fiscal
11 year to the Public Access Data Systems Trust Fund from their
12 respective trust funds:
13 1. An amount equal to 2 percent of all revenues
14 received for the processing of documents, filings, or
15 information requests.
16 2. All public access network revenues collected
17 pursuant to s. 15.16 or s. 119.01(2)(f) 119.085.
18 Section 30. Paragraph (f) of subsection (1) of section
19 23.22, Florida Statutes, is amended to read:
20 23.22 Paperwork reduction; activities of
21 departments.--
22 (1) In order to reduce the amount of paperwork
23 associated with the collection of information from
24 individuals, private-sector organizations, and local
25 governments and to provide more efficient and effective
26 assistance to such individuals and organizations in completing
27 necessary paperwork required by the government, each
28 department head shall, to the extent feasible:
29 (f) Collaborate with the Division of Library and
30 Information Services, pursuant to s. 119.021(2)(d) 119.09, to
31 identify and index records retention requirements placed on
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SB 274 First Engrossed
1 private-sector organizations and local governments in Florida,
2 clarify and reduce the requirements, and educate the affected
3 entities through various communications media, including
4 voice, data, video, radio, and image.
5 Section 31. Subsection (2) of section 27.151, Florida
6 Statutes, is amended to read:
7 27.151 Confidentiality of specified executive orders;
8 criteria.--
9 (2) The Governor shall consider the purposes specified
10 in s. 119.15 and shall consider the provisions of s. 24, Art.
11 I of the State Constitution when making The Governor shall
12 base his or her decision to make an executive order
13 confidential on the criteria set forth in s. 119.14.
14 Section 32. Paragraph (d) of subsection (1) of section
15 101.5607, Florida Statutes, is amended to read:
16 101.5607 Department of State to maintain voting system
17 information; prepare software.--
18 (1)
19 (d) Section 119.07(6)(3)(o) applies to all software on
20 file with the Department of State.
21 Section 33. Paragraph (b) of subsection (2) of section
22 112.533, Florida Statutes, is amended to read:
23 112.533 Receipt and processing of complaints.--
24 (2)
25 (b) This subsection does not apply to any public
26 record which is exempt from public disclosure pursuant to s.
27 119.07(6)(3). For the purposes of this subsection, an
28 investigation shall be considered active as long as it is
29 continuing with a reasonable, good faith anticipation that an
30 administrative finding will be made in the foreseeable future.
31
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SB 274 First Engrossed
1 An investigation shall be presumed to be inactive if no
2 finding is made within 45 days after the complaint is filed.
3 Section 34. Paragraph (e) of subsection (2) of section
4 231.291, Florida Statutes, is amended to read:
5 231.291 Personnel files.--Public school system
6 employee personnel files shall be maintained according to the
7 following provisions:
8 (2)
9 (e) Upon request, an employee, or any person
10 designated in writing by the employee, shall be permitted to
11 examine the personnel file of such employee. The employee
12 shall be permitted conveniently to reproduce any materials in
13 the file, at a cost no greater than the fees prescribed in s.
14 119.07(4)(1).
15 Section 35. Subsection (1) of section 257.34, Florida
16 Statutes, is amended to read:
17 257.34 Florida International Archive and Repository.--
18 (1) There is created within the Division of Library
19 and Information Services of the Department of State the
20 Florida International Archive and Repository for the
21 preservation of those public records, as defined in s.
22 119.011(11)(1), manuscripts, international judgments involving
23 disputes between domestic and foreign businesses, and all
24 other public matters that the department or the Florida
25 Council of International Development deems relevant to
26 international issues. It is the duty and responsibility of the
27 division to:
28 (a) Organize and administer the Florida International
29 Archive and Repository.
30 (b) Preserve and administer records that are
31 transferred to its custody; accept, arrange, and preserve
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SB 274 First Engrossed
1 them, according to approved archival and repository practices;
2 and permit them, at reasonable times and under the supervision
3 of the division, to be inspected, examined, and copied. All
4 public records transferred to the custody of the division are
5 subject to the provisions of s. 119.07(1).
6 (c) Assist the records and information management
7 program in the determination of retention values for records.
8 (d) Cooperate with and assist, insofar as practicable,
9 state institutions, departments, agencies, counties,
10 municipalities, and individuals engaged in internationally
11 related activities.
12 (e) Provide a public research room where, under rules
13 established by the division, the materials in the
14 international archive and repository may be studied.
15 (f) Conduct, promote, and encourage research in
16 international trade, government, and culture and maintain a
17 program of information, assistance, coordination, and guidance
18 for public officials, educational institutions, libraries, the
19 scholarly community, and the general public engaged in such
20 research.
21 (g) Cooperate with and, insofar as practicable, assist
22 agencies, libraries, institutions, and individuals in projects
23 concerned with internationally related issues and preserve
24 original materials relating to internationally related issues.
25 (h) Assist and cooperate with the records and
26 information management program in the training and information
27 program described in s. 257.36(1)(g).
28 Section 36. Subsection (1) of section 257.35, Florida
29 Statutes, is amended to read:
30 257.35 Florida State Archives.--
31
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SB 274 First Engrossed
1 (1) There is created within the Division of Library
2 and Information Services of the Department of State the
3 Florida State Archives for the preservation of those public
4 records, as defined in s. 119.011(11)(1), manuscripts, and
5 other archival material that have been determined by the
6 division to have sufficient historical or other value to
7 warrant their continued preservation and have been accepted by
8 the division for deposit in its custody. It is the duty and
9 responsibility of the division to:
10 (a) Organize and administer the Florida State
11 Archives.
12 (b) Preserve and administer such records as shall be
13 transferred to its custody; accept, arrange, and preserve
14 them, according to approved archival practices; and permit
15 them, at reasonable times and under the supervision of the
16 division, to be inspected, examined, and copied. All public
17 records transferred to the custody of the division shall be
18 subject to the provisions of s. 119.07(1), except that any
19 public record or other record provided by law to be
20 confidential or prohibited from inspection by the public shall
21 be made accessible only after a period of 50 years from the
22 date of the creation of the record. Any nonpublic manuscript
23 or other archival material which is placed in the keeping of
24 the division under special terms and conditions, shall be made
25 accessible only in accordance with such law terms and
26 conditions and shall be exempt from the provisions of s.
27 119.07(1) to the extent necessary to meet the terms and
28 conditions for a nonpublic manuscript or other archival
29 material.
30 (c) Assist the records and information management
31 program in the determination of retention values for records.
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SB 274 First Engrossed
1 (d) Cooperate with and assist insofar as practicable
2 state institutions, departments, agencies, counties,
3 municipalities, and individuals engaged in activities in the
4 field of state archives, manuscripts, and history and accept
5 from any person any paper, book, record, or similar material
6 which in the judgment of the division warrants preservation in
7 the state archives.
8 (e) Provide a public research room where, under rules
9 established by the division, the materials in the state
10 archives may be studied.
11 (f) Conduct, promote, and encourage research in
12 Florida history, government, and culture and maintain a
13 program of information, assistance, coordination, and guidance
14 for public officials, educational institutions, libraries, the
15 scholarly community, and the general public engaged in such
16 research.
17 (g) Cooperate with and, insofar as practicable, assist
18 agencies, libraries, institutions, and individuals in projects
19 designed to preserve original source materials relating to
20 Florida history, government, and culture and prepare and
21 publish handbooks, guides, indexes, and other literature
22 directed toward encouraging the preservation and use of the
23 state's documentary resources.
24 (h) Encourage and initiate efforts to preserve,
25 collect, process, transcribe, index, and research the oral
26 history of Florida government.
27 (i) Assist and cooperate with the records and
28 information management program in the training and information
29 program described in s. 257.36(1)(g).
30 Section 37. Section 282.21, Florida Statutes, is
31 amended to read:
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1 282.21 The State Technology Office's electronic access
2 services.--The State Technology Office may collect fees for
3 providing remote electronic access pursuant to s. 119.01(2)(f)
4 119.085. The fees may be imposed on individual transactions or
5 as a fixed subscription for a designated period of time. All
6 fees collected under this section shall be deposited in the
7 appropriate trust fund of the program or activity that made
8 the remote electronic access available.
9 Section 38. Paragraph (h) of subsection (2) of section
10 287.0943, Florida Statutes, is amended to read:
11 287.0943 Certification of minority business
12 enterprises.--
13 (2)
14 (h) The certification procedures should allow an
15 applicant seeking certification to designate on the
16 application form the information the applicant considers to be
17 proprietary, confidential business information. As used in
18 this paragraph, "proprietary, confidential business
19 information" includes, but is not limited to, any information
20 that would be exempt from public inspection pursuant to the
21 provisions of s. 119.07(6)(3); trade secrets; internal
22 auditing controls and reports; contract costs; or other
23 information the disclosure of which would injure the affected
24 party in the marketplace or otherwise violate s. 286.041. The
25 executor in receipt of the application shall issue written and
26 final notice of any information for which noninspection is
27 requested but not provided for by law.
28 Section 39. Subsection (1) of section 320.05, Florida
29 Statutes, is amended to read:
30 320.05 Records of the department; inspection
31 procedure; lists and searches; fees.--
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1 (1) Except as provided in s. 119.07(6)(3), the
2 department may release records as provided in this section.
3 Section 40. Subsection (8) of section 322.20, Florida
4 Statutes, is amended to read:
5 322.20 Records of the department; fees; destruction of
6 records.--
7 (8) Except as provided in s. 119.07(6)(3), the
8 department may release records as provided in this section.
9 Section 41. Paragraph (b) of subsection (2) of section
10 338.223, Florida Statutes, is amended to read:
11 338.223 Proposed turnpike projects.--
12 (2)
13 (b) In accordance with the legislative intent
14 expressed in s. 337.273, and after the requirements of
15 paragraph (1)(c) have been met, the department may acquire
16 lands and property before making a final determination of the
17 economic feasibility of a project. The requirements of
18 paragraph (1)(c) do not apply to hardship and protective
19 purchases of advance right-of-way by the department. The cost
20 of advance acquisition of right-of-way may be paid from bonds
21 issued under s. 337.276 or from turnpike revenues. For
22 purposes of this paragraph, the term "hardship purchase" means
23 purchase from a property owner of a residential dwelling of
24 not more than four units who is at a disadvantage due to
25 health impairment, job loss, or significant loss of rental
26 income. For purposes of this paragraph, the term "protective
27 purchase" means that a purchase to limit development,
28 building, or other intensification of land uses within the
29 area right-of-way is needed for transportation facilities. The
30 department shall give written notice to the Department of
31 Environmental Protection 30 days before final agency
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SB 274 First Engrossed
1 acceptance as set forth in s. 119.07(6)(3)(n), which notice
2 shall allow the Department of Environmental Protection to
3 comment. Hardship and protective purchases of right-of-way
4 shall not influence the environmental feasibility of a
5 project, including the decision relative to the need to
6 construct the project or the selection of a specific location.
7 Costs to acquire and dispose of property acquired as hardship
8 and protective purchases are considered costs of doing
9 business for the department and are not to be considered in
10 the determination of environmental feasibility for the
11 project.
12 Section 42. Paragraph (a) of subsection (1) of section
13 378.406, Florida Statutes, is amended to read:
14 378.406 Confidentiality of records; availability of
15 information.--
16 (1)(a) Any information relating to prospecting, rock
17 grades, or secret processes or methods of operation which may
18 be required, ascertained, or discovered by inspection or
19 investigation shall be exempt from the provisions of s.
20 119.07(1), shall not be disclosed in public hearings, and
21 shall be kept confidential by any member, officer, or employee
22 of the department, if the applicant requests the department to
23 keep such information confidential and informs the department
24 of the basis for such confidentiality. Should the secretary
25 determine that such information requested to be kept
26 confidential shall not be kept confidential, the secretary
27 shall provide the operator with not less than 30 days' notice
28 of his or her intent to release the information. When making
29 his or her determination, the secretary shall consider the
30 public purposes specified in s. 119.15(4)(b) 119.14(4)(b).
31
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1 Section 43. Paragraph (c) of subsection (5) of section
2 399.02, Florida Statutes, is amended to read:
3 399.02 General requirements.--
4 (5)
5 (c) The elevator owner shall report to the department
6 60 days before the expiration of the certificate of operation
7 whether there exists a service maintenance contract, with whom
8 the contract exists, and the details concerning the provisions
9 and implementation of the contract which the department
10 requires. The department shall keep the names of companies
11 with whom the contract exists confidential pursuant to the
12 public records exemption provided in s. 119.14(4)(b)3. This
13 annual contract report must be made on forms supplied by the
14 department. The elevator owner must report any material
15 change in the service maintenance contract no fewer than 30
16 days before the effective date of the change. The department
17 shall determine whether the provisions of the service
18 maintenance contract and its implementation ensure the safe
19 operation of the elevator.
20 Section 44. Paragraph (c) of subsection (1) of section
21 400.0077, Florida Statutes, is amended to read:
22 400.0077 Confidentiality.--
23 (1) The following are confidential and exempt from the
24 provisions of s. 119.07(1):
25 (c) Any other information about a complaint, including
26 any problem identified by an ombudsman council as a result of
27 an investigation, unless an ombudsman council determines that
28 the information does not meet any of the criteria specified in
29 s. 119.15(4)(b) 119.14(4)(b); or unless the information is to
30 collect data for submission to those entities specified in s.
31
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SB 274 First Engrossed
1 712(c) of the federal Older Americans Act for the purpose of
2 identifying and resolving significant problems.
3 Section 45. Subsection (5) of section 401.27, Florida
4 Statutes, is amended to read:
5 401.27 Personnel; standards and certification.--
6 (5) The certification examination must be offered
7 monthly. The department shall issue an examination admission
8 notice to the applicant advising him or her of the time and
9 place of the examination for which he or she is scheduled.
10 Individuals achieving a passing score on the certification
11 examination may be issued a temporary certificate with their
12 examination grade report. The department must issue an
13 original certification within 45 days after the examination.
14 Examination questions and answers are not subject to discovery
15 but may be introduced into evidence and considered only in
16 camera in any administrative proceeding under chapter 120. If
17 an administrative hearing is held, the department shall
18 provide challenged examination questions and answers to the
19 administrative law judge. The department shall establish by
20 rule the procedure by which an applicant, and the applicant's
21 attorney, may review examination questions and answers in
22 accordance with s. 119.07(6)(3)(a).
23 Section 46. Subsection (1) of section 403.111, Florida
24 Statutes, is amended to read:
25 403.111 Confidential records.--
26 (1) Any information, other than effluent data and
27 those records described in 42 U.S.C. s. 7661a(b)(8), relating
28 to secret processes or secret methods of manufacture or
29 production, or relating to costs of production, profits, or
30 other financial information which is otherwise not public
31 record, which may be required, ascertained, or discovered by
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SB 274 First Engrossed
1 inspection or investigation shall be exempt from the
2 provisions of s. 119.07(1), shall not be disclosed in public
3 hearings, and shall be kept confidential by any member,
4 officer, or employee of the department, upon a showing
5 satisfactory to the department that the information should be
6 kept confidential. The person from whom the information is
7 obtained must request that the department keep such
8 information confidential and must inform the department of the
9 basis for the claim of confidentiality. The department shall,
10 subject to notice and opportunity for hearing, determine
11 whether the information requested to be kept confidential
12 should or should not be kept confidential. The department
13 shall determine whether the information submitted should be
14 kept confidential pursuant to the public purpose test as
15 stated in s. 119.15(4)(b)3. 119.14(4)(b)3.
16 Section 47. Section 409.2577, Florida Statutes, is
17 amended to read:
18 409.2577 Parent locator service.--The department shall
19 establish a parent locator service to assist in locating
20 parents who have deserted their children and other persons
21 liable for support of dependent children. The department
22 shall use all sources of information available, including the
23 Federal Parent Locator Service, and may request and shall
24 receive information from the records of any person or the
25 state or any of its political subdivisions or any officer
26 thereof. Any agency as defined in s. 120.52, any political
27 subdivision, and any other person shall, upon request, provide
28 the department any information relating to location, salary,
29 insurance, social security, income tax, and employment history
30 necessary to locate parents who owe or potentially owe a duty
31 of support pursuant to Title IV-D of the Social Security Act.
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SB 274 First Engrossed
1 This provision shall expressly take precedence over any other
2 statutory nondisclosure provision which limits the ability of
3 an agency to disclose such information, except that law
4 enforcement information as provided in s. 119.07(6)(3)(i) is
5 not required to be disclosed, and except that confidential
6 taxpayer information possessed by the Department of Revenue
7 shall be disclosed only to the extent authorized in s.
8 213.053(15). Nothing in this section requires the disclosure
9 of information if such disclosure is prohibited by federal
10 law. Information gathered or used by the parent locator
11 service is confidential and exempt from the provisions of s.
12 119.07(1). Additionally, the department is authorized to
13 collect any additional information directly bearing on the
14 identity and whereabouts of a person owing or asserted to be
15 owing an obligation of support for a dependent child. The
16 department shall, upon request, make information available
17 only to public officials and agencies of this state; political
18 subdivisions of this state, including any agency thereof
19 providing child support enforcement services to non-Title IV-D
20 clients; the custodial parent, legal guardian, attorney, or
21 agent of the child; and other states seeking to locate parents
22 who have deserted their children and other persons liable for
23 support of dependents, for the sole purpose of establishing,
24 modifying, or enforcing their liability for support, and shall
25 make such information available to the Department of Children
26 and Family Services for the purpose of diligent search
27 activities pursuant to chapter 39. If the department has
28 reasonable evidence of domestic violence or child abuse and
29 the disclosure of information could be harmful to the
30 custodial parent or the child of such parent, the child
31 support program director or designee shall notify the
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SB 274 First Engrossed
1 Department of Children and Family Services and the Secretary
2 of the United States Department of Health and Human Services
3 of this evidence. Such evidence is sufficient grounds for the
4 department to disapprove an application for location services.
5 Section 48. Subsection (6) of section 455.219, Florida
6 Statutes, is amended to read:
7 455.219 Fees; receipts; disposition; periodic
8 management reports.--
9 (6) The department or the appropriate board shall
10 charge a fee not to exceed $25 for the certification of a
11 public record. The fee shall be determined by rule of the
12 department. The department or the appropriate board shall
13 assess a fee for duplication of a public record as provided in
14 s. 119.07(4)(1)(a) and (b).
15 Section 49. Subsection (11) of section 456.025,
16 Florida Statutes, is amended to read:
17 456.025 Fees; receipts; disposition.--
18 (11) The department or the appropriate board shall
19 charge a fee not to exceed $25 for the certification of a
20 public record. The fee shall be determined by rule of the
21 department. The department or the appropriate board shall
22 assess a fee for duplicating a public record as provided in s.
23 119.07(4)(1)(a) and (b).
24 Section 50. Paragraph (l) of subsection (3) of section
25 627.311, Florida Statutes, is amended to read:
26 627.311 Joint underwriters and joint reinsurers.--
27 (3) The department may, after consultation with
28 insurers licensed to write automobile insurance in this state,
29 approve a joint underwriting plan for purposes of equitable
30 apportionment or sharing among insurers of automobile
31 liability insurance and other motor vehicle insurance, as an
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SB 274 First Engrossed
1 alternate to the plan required in s. 627.351(1). All insurers
2 authorized to write automobile insurance in this state shall
3 subscribe to the plan and participate therein. The plan shall
4 be subject to continuous review by the department which may at
5 any time disapprove the entire plan or any part thereof if it
6 determines that conditions have changed since prior approval
7 and that in view of the purposes of the plan changes are
8 warranted. Any disapproval by the department shall be subject
9 to the provisions of chapter 120. If adopted, the plan and
10 the association created under the plan:
11 (l)1. Shall be subject to the public records
12 requirements of chapter 119 and the public meeting
13 requirements of s. 286.011. However, the following records of
14 the Florida Automobile Joint Underwriting Association are
15 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
16 of the State Constitution:
17 a. Underwriting files, except that a policyholder or
18 an applicant shall have access to his or her own underwriting
19 files.
20 b. Claims files, until termination of all litigation
21 and settlement of all claims arising out of the same incident,
22 although portions of the claims files may remain exempt, as
23 otherwise provided by law. Confidential and exempt claims file
24 records may be released to other governmental agencies upon
25 written request and demonstration of need; such records held
26 by the receiving agency remain confidential and exempt as
27 provided by this paragraph.
28 c. Records obtained or generated by an internal
29 auditor pursuant to a routine audit, until the audit is
30 completed or, if the audit is conducted as part of an
31 investigation, until the investigation is closed or ceases to
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SB 274 First Engrossed
1 be active. An investigation is considered "active" while the
2 investigation is being conducted with a reasonable, good faith
3 belief that it could lead to the filing of administrative,
4 civil, or criminal proceedings.
5 d. Matters reasonably encompassed in privileged
6 attorney-client communications.
7 e. Proprietary information licensed to the association
8 under contract when the contract provides for the
9 confidentiality of such proprietary information.
10 f. All information relating to the medical condition
11 or medical status of an association employee which is not
12 relevant to the employee's capacity to perform his or her
13 duties, except as otherwise provided in this paragraph.
14 Information which is exempt shall include, but is not limited
15 to, information relating to workers' compensation, insurance
16 benefits, and retirement or disability benefits.
17 g. All records relative to an employee's participation
18 in an employee assistance program designed to assist any
19 employee who has a behavioral or medical disorder, substance
20 abuse problem, or emotional difficulty which affects the
21 employee's job performance, except as otherwise provided in s.
22 112.0455(11).
23 h. Information relating to negotiations for financing,
24 reinsurance, depopulation, or contractual services, until the
25 conclusion of the negotiations.
26 i. Minutes of closed meetings regarding underwriting
27 files, and minutes of closed meetings regarding an open claims
28 file until termination of all litigation and settlement of all
29 claims with regard to that claim, except that information
30 otherwise confidential or exempt by law must be redacted.
31
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SB 274 First Engrossed
1 When an authorized insurer is considering underwriting a risk
2 insured by the association, relevant underwriting files and
3 confidential claims files may be released to the insurer
4 provided the insurer agrees in writing, notarized and under
5 oath, to maintain the confidentiality of such files. When a
6 file is transferred to an insurer, that file is no longer a
7 public record because it is not held by an agency subject to
8 the provisions of the public records law. The association may
9 make the following information obtained from underwriting
10 files and confidential claims files available to licensed
11 general lines insurance agents: name, address, and telephone
12 number of the automobile owner or insured; location of the
13 risk; rating information; loss history; and policy type. The
14 receiving licensed general lines insurance agent must retain
15 the confidentiality of the information received.
16 2. Portions of meetings of the Florida Automobile
17 Joint Underwriting Association during which confidential
18 underwriting files or confidential open claims files are
19 discussed are exempt from the provisions of s. 286.011 and s.
20 24(b), Art. I of the State Constitution. All portions of
21 association meetings which are closed to the public shall be
22 recorded by a court reporter. The court reporter shall record
23 the times of commencement and termination of the meeting, all
24 discussion and proceedings, the names of all persons present
25 at any time, and the names of all persons speaking. No
26 portion of any closed meeting shall be off the record.
27 Subject to the provisions of this paragraph and s.
28 119.07(1)(b)-(d)(2)(a), the court reporter's notes of any
29 closed meeting shall be retained by the association for a
30 minimum of 5 years. A copy of the transcript, less any exempt
31 matters, of any closed meeting during which claims are
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SB 274 First Engrossed
1 discussed shall become public as to individual claims after
2 settlement of the claim.
3
4 This paragraph is subject to the Open Government Sunset Review
5 Act of 1995 in accordance with s. 119.15, and shall stand
6 repealed on October 2, 2003, unless reviewed and saved from
7 repeal through reenactment by the Legislature.
8 Section 51. Paragraph (n) of subsection (6) of section
9 627.351, Florida Statutes, is amended to read:
10 627.351 Insurance risk apportionment plans.--
11 (6) RESIDENTIAL PROPERTY AND CASUALTY JOINT
12 UNDERWRITING ASSOCIATION.--
13 (n)1. The following records of the Residential
14 Property and Casualty Joint Underwriting Association are
15 confidential and exempt from the provisions of s. 119.07(1)
16 and s. 24(a), Art. I of the State Constitution:
17 a. Underwriting files, except that a policyholder or
18 an applicant shall have access to his or her own underwriting
19 files.
20 b. Claims files, until termination of all litigation
21 and settlement of all claims arising out of the same incident,
22 although portions of the claims files may remain exempt, as
23 otherwise provided by law. Confidential and exempt claims file
24 records may be released to other governmental agencies upon
25 written request and demonstration of need; such records held
26 by the receiving agency remain confidential and exempt as
27 provided for herein.
28 c. Records obtained or generated by an internal
29 auditor pursuant to a routine audit, until the audit is
30 completed, or if the audit is conducted as part of an
31 investigation, until the investigation is closed or ceases to
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SB 274 First Engrossed
1 be active. An investigation is considered "active" while the
2 investigation is being conducted with a reasonable, good faith
3 belief that it could lead to the filing of administrative,
4 civil, or criminal proceedings.
5 d. Matters reasonably encompassed in privileged
6 attorney-client communications.
7 e. Proprietary information licensed to the association
8 under contract and the contract provides for the
9 confidentiality of such proprietary information.
10 f. All information relating to the medical condition
11 or medical status of an association employee which is not
12 relevant to the employee's capacity to perform his or her
13 duties, except as otherwise provided in this paragraph.
14 Information which is exempt shall include, but is not limited
15 to, information relating to workers' compensation, insurance
16 benefits, and retirement or disability benefits.
17 g. Upon an employee's entrance into the employee
18 assistance program, a program to assist any employee who has a
19 behavioral or medical disorder, substance abuse problem, or
20 emotional difficulty which affects the employee's job
21 performance, all records relative to that participation shall
22 be confidential and exempt from the provisions of s. 119.07(1)
23 and s. 24(a), Art. I of the State Constitution, except as
24 otherwise provided in s. 112.0455(11).
25 h. Information relating to negotiations for financing,
26 reinsurance, depopulation, or contractual services, until the
27 conclusion of the negotiations.
28 i. Minutes of closed meetings regarding underwriting
29 files, and minutes of closed meetings regarding an open claims
30 file until termination of all litigation and settlement of all
31
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SB 274 First Engrossed
1 claims with regard to that claim, except that information
2 otherwise confidential or exempt by law will be redacted.
3
4 When an authorized insurer is considering underwriting a risk
5 insured by the association, relevant underwriting files and
6 confidential claims files may be released to the insurer
7 provided the insurer agrees in writing, notarized and under
8 oath, to maintain the confidentiality of such files. When a
9 file is transferred to an insurer that file is no longer a
10 public record because it is not held by an agency subject to
11 the provisions of the public records law. Underwriting files
12 and confidential claims files may also be released to staff of
13 and the board of governors of the market assistance plan
14 established pursuant to s. 627.3515, who must retain the
15 confidentiality of such files, except such files may be
16 released to authorized insurers that are considering assuming
17 the risks to which the files apply, provided the insurer
18 agrees in writing, notarized and under oath, to maintain the
19 confidentiality of such files. Finally, the association or
20 the board or staff of the market assistance plan may make the
21 following information obtained from underwriting files and
22 confidential claims files available to licensed general lines
23 insurance agents: name, address, and telephone number of the
24 residential property owner or insured; location of the risk;
25 rating information; loss history; and policy type. The
26 receiving licensed general lines insurance agent must retain
27 the confidentiality of the information received.
28 2. Portions of meetings of the Residential Property
29 and Casualty Joint Underwriting Association are exempt from
30 the provisions of s. 286.011 and s. 24(b), Art. I of the State
31 Constitution wherein confidential underwriting files or
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SB 274 First Engrossed
1 confidential open claims files are discussed. All portions of
2 association meetings which are closed to the public shall be
3 recorded by a court reporter. The court reporter shall record
4 the times of commencement and termination of the meeting, all
5 discussion and proceedings, the names of all persons present
6 at any time, and the names of all persons speaking. No
7 portion of any closed meeting shall be off the record.
8 Subject to the provisions hereof and s.
9 119.07(1)(b)-(d)(2)(a), the court reporter's notes of any
10 closed meeting shall be retained by the association for a
11 minimum of 5 years. A copy of the transcript, less any exempt
12 matters, of any closed meeting wherein claims are discussed
13 shall become public as to individual claims after settlement
14 of the claim.
15 Section 52. Subsection (1) of section 633.527, Florida
16 Statutes, is amended to read:
17 633.527 Records concerning applicant; extent of
18 confidentiality.--
19 (1) Test material is made confidential by s.
20 119.07(6)(3)(a). An applicant may waive in writing the
21 confidentiality of his or her examination answer sheet for the
22 purpose of discussion with the State Fire Marshal or his or
23 her staff.
24 Section 53. Section 655.0321, Florida Statutes, is
25 amended to read:
26 655.0321 Restricted access to certain hearings,
27 proceedings, and related documents.--The department shall
28 consider the public purposes specified in s. 119.15(4)(b)
29 119.14(4)(b) and the provisions of s. 24, Art. I of the State
30 Constitution in determining whether the hearings and
31 proceedings conducted pursuant to s. 655.033 for the issuance
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SB 274 First Engrossed
1 of cease and desist orders and s. 655.037 for the issuance of
2 suspension or removal orders shall be closed and exempt from
3 the provisions of s. 286.011, and whether related documents
4 shall be confidential and exempt from the provisions of s.
5 119.07(1).
6 Section 54. Paragraph (m) of subsection (2) of section
7 668.50, Florida Statutes, is amended to read:
8 668.50 Uniform Electronic Transaction Act.--
9 (2) DEFINITIONS.--As used in this section:
10 (m) "Record" means information that is inscribed on a
11 tangible medium or that is stored in an electronic or other
12 medium and is retrievable in perceivable form, including
13 public records as defined in s. 119.011(11)(1).
14 Section 55. Subsection (1) of section 794.024, Florida
15 Statutes, is amended to read:
16 794.024 Unlawful to disclose identifying
17 information.--
18 (1) A public employee or officer who has access to the
19 photograph, name, or address of a person who is alleged to be
20 the victim of an offense described in this chapter, chapter
21 800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and
22 knowingly disclose it to a person who is not assisting in the
23 investigation or prosecution of the alleged offense or to any
24 person other than the defendant, the defendant's attorney, or
25 a person specified in an order entered by the court having
26 jurisdiction of the alleged offense, or to organizations
27 authorized to receive such information pursuant to s.
28 119.07(6)(3)(f).
29 Section 56. For the purpose of incorporating the
30 amendments to section 945.25, Florida Statutes, in a reference
31
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SB 274 First Engrossed
1 thereto, paragraph (a) of subsection (2) of section 947.13,
2 Florida Statutes, is reenacted to read:
3 947.13 Powers and duties of commission.--
4 (2)(a) The commission shall immediately examine
5 records of the department under s. 945.25, and any other
6 records which it obtains, and may make such other
7 investigations as may be necessary.
8 Section 57. The Records Management Center of the
9 Department of State in Tallahassee, Florida, is designated as
10 the "James C. 'Jim' Smith Records Management Center."
11 Section 58. This act shall take effect July 1, 2002.
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