CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Committee on State Administration offered the following:
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13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (1) of section 18.20, Florida
18 Statutes, is amended to read:
19 18.20 Treasurer to make reproductions of certain
20 warrants, records, and documents.--
21 (1) All vouchers or checks heretofore or hereafter
22 drawn by appropriate court officials of the several counties
23 of the state against money deposited with the Treasurer under
24 the provisions of s. 43.17, and paid by the Treasurer, may be
25 photographed, microphotographed, or reproduced on film by the
26 Treasurer. Such photographic film shall be durable material
27 and the device used to so reproduce such warrants, vouchers,
28 or checks shall be one which accurately reproduces the
29 originals thereof in all detail; and such photographs,
30 microphotographs, or reproductions on film shall be placed in
31 conveniently accessible and identified files and shall be
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 preserved by the Treasurer as a part of the permanent records
2 of office. When any such warrants, vouchers, or checks have
3 been so photographed, microphotographed, or reproduced on
4 film, and the photographs, microphotographs, or reproductions
5 on film thereof have been placed in files as a part of the
6 permanent records of the office of the Treasurer as aforesaid,
7 the Treasurer is authorized to return such warrants, vouchers,
8 or checks to the offices of the respective county officials
9 who drew the same and such warrants, vouchers, or checks shall
10 be retained and preserved in such offices to which returned as
11 a part of the permanent records of such offices.
12 Section 2. Section 119.01, Florida Statutes, is
13 amended to read:
14 119.01 General state policy on public records.--
15 (1) It is the policy of this state that all state,
16 county, and municipal records are shall be open for personal
17 inspection by any person unless the records are exempt from
18 inspection.
19 (2) The Legislature finds that, given advancements in
20 technology, Providing access to public records is a duty of
21 each agency by remote electronic means is an additional method
22 of access that agencies should strive to provide to the extent
23 feasible. If an agency provides access to public records by
24 remote electronic means, then such access should be provided
25 in the most cost-effective and efficient manner available to
26 the agency providing the information.
27 (3)(a) The Legislature finds that providing access to
28 public records is a duty of each agency and that Automation of
29 public records must not erode the right of access to public
30 those records. As each agency increases its use of and
31 dependence on electronic recordkeeping, each agency must
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 provide ensure reasonable public access to records
2 electronically maintained and must keep information made
3 exempt or confidential from being disclosed to the public.
4 (b) An agency must consider when designing or
5 acquiring an electronic recordkeeping system whether such
6 system is capable of providing data in some common format such
7 as, but not limited to, the American Standard Code for
8 Information Interchange.
9 (c) An agency may not enter into a contract for the
10 creation or maintenance of a public records database if that
11 contract impairs the ability of the public to inspect or copy
12 the public records of the agency, including public records
13 that are on-line or stored in an electronic recordkeeping
14 system used by the agency.
15 (d) Subject to the restrictions of copyright and
16 trade-secret laws and public records exemptions, agency use of
17 proprietary software must not diminish the right of the public
18 to inspect and copy a public record.
19 (e) Providing access to public records by remote
20 electronic means is an additional method of access that
21 agencies should strive to provide to the extent feasible. If
22 an agency provides access to public records by remote
23 electronic means, such access should be provided in the most
24 cost-effective and efficient manner available to the agency
25 providing the information.
26 (f) Each agency that maintains a public record in an
27 electronic recordkeeping system shall provide to any person,
28 pursuant to this chapter, a copy of any public record in that
29 system which is not exempted by law from public disclosure. An
30 agency must provide a copy of the record in the medium
31 requested if the agency maintains the record in that medium,
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 and the agency may charge a fee in accordance with this
2 chapter. For the purpose of satisfying a public records
3 request, the fee to be charged by an agency if it elects to
4 provide a copy of a public record in a medium not routinely
5 used by the agency, or if it elects to compile information not
6 routinely developed or maintained by the agency or that
7 requires a substantial amount of manipulation or programming,
8 must be in accordance with s. 119.07(4).
9 (4) If public funds are expended by an agency defined
10 in s. 119.011(2) in payment of dues or membership
11 contributions for any person, corporation, foundation, trust,
12 association, group, or other organization, all the financial,
13 business, and membership records of that person, corporation,
14 foundation, trust, association, group, or other organization
15 which pertain to the public agency are public records and
16 subject to the provisions of s. 119.07.
17 (4) Each agency shall establish a program for the
18 disposal of records that do not have sufficient legal, fiscal,
19 administrative, or archival value in accordance with retention
20 schedules established by the records and information
21 management program of the Division of Library and Information
22 Services of the Department of State.
23 Section 3. Section 119.011, Florida Statutes, is
24 amended to read:
25 119.011 Definitions.--As used in For the purpose of
26 this chapter, the term:
27 (1) "Actual cost of duplication" means the cost of the
28 material and supplies used to duplicate the public record, but
29 it does not include the labor cost or overhead cost associated
30 with such duplication. "Public records" means all documents,
31 papers, letters, maps, books, tapes, photographs, films, sound
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 recordings, data processing software, or other material,
2 regardless of the physical form, characteristics, or means of
3 transmission, made or received pursuant to law or ordinance or
4 in connection with the transaction of official business by any
5 agency.
6 (2) "Agency" means any state, county, district,
7 authority, or municipal officer, department, division, board,
8 bureau, commission, or other separate unit of government
9 created or established by law including, for the purposes of
10 this chapter, the Commission on Ethics, the Public Service
11 Commission, and the Office of Public Counsel, and any other
12 public or private agency, person, partnership, corporation, or
13 business entity acting on behalf of any public agency.
14 (3)(a) "Criminal intelligence information" means
15 information with respect to an identifiable person or group of
16 persons collected by a criminal justice agency in an effort to
17 anticipate, prevent, or monitor possible criminal activity.
18 (b) "Criminal investigative information" means
19 information with respect to an identifiable person or group of
20 persons compiled by a criminal justice agency in the course of
21 conducting a criminal investigation of a specific act or
22 omission, including, but not limited to, information derived
23 from laboratory tests, reports of investigators or informants,
24 or any type of surveillance.
25 (c) "Criminal intelligence information" and "criminal
26 investigative information" shall not include:
27 1. The time, date, location, and nature of a reported
28 crime.
29 2. The name, sex, age, and address of a person
30 arrested or of the victim of a crime except as provided in s.
31 119.07(6)(f) 119.07(3)(f).
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 3. The time, date, and location of the incident and of
2 the arrest.
3 4. The crime charged.
4 5. Documents given or required by law or agency rule
5 to be given to the person arrested, except as provided in s.
6 119.07(6)(f) 119.07(3)(f), and, except that the court in a
7 criminal case may order that certain information required by
8 law or agency rule to be given to the person arrested be
9 maintained in a confidential manner and exempt from the
10 provisions of s. 119.07(1) until released at trial if it is
11 found that the release of such information would:
12 a. Be defamatory to the good name of a victim or
13 witness or would jeopardize the safety of such victim or
14 witness; and
15 b. Impair the ability of a state attorney to locate or
16 prosecute a codefendant.
17 6. Informations and indictments except as provided in
18 s. 905.26.
19 (d) The word "active" shall have the following
20 meaning:
21 1. Criminal intelligence information shall be
22 considered "active" as long as it is related to intelligence
23 gathering conducted with a reasonable, good faith belief that
24 it will lead to detection of ongoing or reasonably anticipated
25 criminal activities.
26 2. Criminal investigative information shall be
27 considered "active" as long as it is related to an ongoing
28 investigation which is continuing with a reasonable, good
29 faith anticipation of securing an arrest or prosecution in the
30 foreseeable future.
31
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 In addition, criminal intelligence and criminal investigative
2 information shall be considered "active" while such
3 information is directly related to pending prosecutions or
4 appeals. The word "active" shall not apply to information in
5 cases which are barred from prosecution under the provisions
6 of s. 775.15 or other statute of limitation.
7 (4) "Criminal justice agency" means:
8 (a) Any law enforcement agency, court, or prosecutor;.
9 The term also includes
10 (b) Any other agency charged by law with criminal law
11 enforcement duties;, or
12 (c) Any agency having custody of criminal intelligence
13 information or criminal investigative information for the
14 purpose of assisting such law enforcement agencies in the
15 conduct of active criminal investigation or prosecution or for
16 the purpose of litigating civil actions under the Racketeer
17 Influenced and Corrupt Organization Act, during the time that
18 such agencies are in possession of criminal intelligence
19 information or criminal investigative information pursuant to
20 their criminal law enforcement duties; or. The term also
21 includes
22 (d) The Department of Corrections.
23 (5) "Custodian of public records" means the elected or
24 appointed state, county, or municipal officer charged with the
25 responsibility of maintaining the office having public
26 records, or his or her designee.
27 (6) "Data-processing software" means the programs and
28 routines used to employ and control the capabilities of
29 data-processing hardware, including, but not limited to,
30 operating systems, compilers, assemblers, utilities, library
31 routines, maintenance routines, applications, and
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 computer-networking programs.
2 (7) "Duplicated copies" means new copies produced by
3 duplicating, as defined in s. 283.30.
4 (8) "Exemption" means a provision of general law which
5 provides that a specified record or meeting, or portion
6 thereof, is not subject to the access reqirements of s.
7 119.07(1), s. 286.011, or s. 24, Art. I of the State
8 Constitution.
9 (9) "Information technology resources" has the meaning
10 ascribed in s. 282.303(12).
11 (10) "Proprietary software" means data-processing
12 software that is protected by copyright or trade-secret laws.
13 (11) "Public records" means all documents, papers,
14 letters, maps, books, tapes, photographs, films, sound
15 recordings, data-processing software, or other material,
16 regardless of the physical form, characteristics, or means of
17 transmission, made or received pursuant to law or ordinance or
18 in connection with the transaction of official business by any
19 agency.
20 (12) "Sensitive," for purposes of defining
21 agency-produced software that is sensitive, means only those
22 portions of data-processing software, including the
23 specifications and documentation, which are used to:
24 (a) Collect, process, store, and retrieve information
25 that is exempt from s. 119.07(1);
26 (b) Collect, process, store, and retrieve financial
27 management information of the agency, such as payroll and
28 accounting records; or
29 (c) Control and direct access authorizations and
30 security measures for automated systems.
31 Section 4. Sections 119.0115, 119.012, and 119.02,
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 Florida Statutes, are repealed.
2 Section 5. Section 119.021, Florida Statutes, is
3 amended to read:
4 (Substantial rewording of section. See
5 s. 119.021, F.S., for present text.)
6 119.021 Custodial requirements; maintenance,
7 preservation, and retention of public records.--
8 (1) Public records shall be maintained and preserved
9 as follows:
10 (a) All public records should be kept in the buildings
11 in which they are ordinarily used.
12 (b) Insofar as practicable, a custodian of public
13 records of vital, permanent, or archival records shall keep
14 them in fireproof and waterproof safes, vaults, or rooms
15 fitted with noncombustible materials and in such arrangement
16 as to be easily accessible for convenient use.
17 (c)1. Record books should be copied or repaired,
18 renovated, or rebound if worn, mutilated, damaged, or
19 difficult to read.
20 2. Whenever any state, county, or municipal records
21 are in need of repair, restoration, or rebinding, the head of
22 the concerned state agency, department, board, or commission;
23 the board of county commissioners of such county; or the
24 governing body of such municipality may authorize that such
25 records be removed from the building or office in which such
26 records are ordinarily kept for the length of time required to
27 repair, restore, or rebind them.
28 3. Any public official who causes a record book to be
29 copied shall attest and certify on oath that the copy is an
30 accurate copy of the original book. The copy shall then have
31 the force and effect of the original.
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 (3)(a) The Division of Library and Information
2 Services of the Department of State shall adopt rules to
3 establish retention schedules and a disposal process for
4 public records.
5 (b) Each agency shall comply with the rules
6 establishing retention schedules and disposal processes for
7 public records which are adopted by the records and
8 information management program of the division.
9 (c) Every public official shall systematically dispose
10 of records no longer needed, subject to the consent of the
11 records and information management program of the division in
12 accordance with s. 257.36.
13 (d) The division may ascertain the condition of public
14 records and shall give advice and assistance to public
15 officials to solve problems related to the preservation,
16 creation, filing, and public accessibility of public records
17 in their custody. Public officials shall assist the division
18 by preparing an inclusive inventory of categories of public
19 records in their custody. The division shall establish a time
20 period for the retention or disposal of each series of
21 records. Upon the completion of the inventory and schedule,
22 the division shall, subject to the availability of necessary
23 space, staff, and other facilities for such purposes, make
24 space available in its records center for the filing of
25 semicurrent records so scheduled and in its archives for
26 noncurrent records of permanent value, and shall render such
27 other assistance as needed, including the microfilming of
28 records so scheduled.
29 (4) Agency orders that comprise final agency action
30 and that must be indexed or listed pursuant to s. 120.53 have
31 continuing legal significance; therefore, notwithstanding any
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 other provision of this chapter or any provision of chapter
2 257, each agency shall permanently maintain records of such
3 orders pursuant to the applicable rules of the Department of
4 State.
5 (5)(a) Whoever has custody of any public records shall
6 deliver, at the expiration of his or her term of office, to
7 his or her successor or, if there be none, to the records and
8 information management program of the Division of Library and
9 Information Services of the Department of State, all public
10 records kept or received by him or her in the transaction of
11 official business.
12 (b) Whoever is entitled to custody of public records
13 shall demand them from any person having illegal possession of
14 them, who must forthwith deliver the same to him or her. Any
15 person unlawfully possessing public records must within 10
16 days deliver such records to the lawful custodian of public
17 records unless just cause exists for failing to deliver such
18 records.
19 Section 6. Sections 119.031, 119.041, 119.05, and
20 119.06, Florida Statutes, are repealed.
21 Section 7. Section 119.07, Florida Statutes, is
22 amended to read:
23 119.07 Inspection, examination, and copying
24 duplication of records; fees; exemptions.--
25 (1)(a) Every person who has custody of a public record
26 shall permit the record to be inspected and copied examined by
27 any person desiring to do so, at any reasonable time, under
28 reasonable conditions, and under supervision by the custodian
29 of the public records record or the custodian's designee.
30 (b) A person who has custody of a public record who
31 asserts that an exemption applies to a part of such record
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 shall delete or excise from a copy of that record that portion
2 of the record to which an exemption has been asserted and
3 validly applies, and such person shall produce the remainder
4 of such record for inspection and copying.
5 (c) If the person who has custody of a public record
6 contends that the record or part of it is exempt from
7 inspection and copying, he or she shall state the basis of the
8 exemption that he or she contends is applicable to the record,
9 including the statutory citation to an exemption created or
10 afforded by statute.
11 (d) If requested by the person seeking to inspect or
12 copy the record, the custodian of public records shall state
13 in writing and with particularity the reasons for the
14 conclusion that the record is exempt.
15 (e) In any civil action in which an exemption to this
16 section is asserted, if the exemption is alleged to exist
17 under or by virtue of paragraph (6)(c), paragraph (6)(d),
18 paragraph (6)(e), paragraph (6)(k), paragraph (6)(l), or
19 paragraph (6)(o), the public record or part thereof in
20 question shall be submitted to the court for an inspection in
21 camera. If an exemption is alleged to exist under or by virtue
22 of paragraph (6)(b), an inspection in camera will be
23 discretionary with the court. If the court finds that the
24 asserted exemption is not applicable, it shall order the
25 public record or part thereof in question to be immediately
26 produced for inspection or copying as requested by the person
27 seeking such access.
28 (f) Even if an assertion is made by the custodian of
29 public records that a requested record is not a public record
30 subject to public inspection or copying under this subsection,
31 the requested record shall, nevertheless, not be disposed of
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 for a period of 30 days after the date on which a written
2 request to inspect or copy the record was served on or
3 otherwise made to the custodian of public record by the person
4 seeking access to the record. If a civil action is instituted
5 within the 30-day period to enforce the provisions of this
6 section with respect to the requested record, the custodian of
7 public records may not dispose of the record except by order
8 of a court of competent jurisdiction after notice to all
9 affected parties.
10 (g) The absence of a civil action instituted for the
11 purpose stated in paragraph (e) does not relieve the custodian
12 of public records of the duty to maintain the record as a
13 public record if the record is in fact a public record subject
14 to public inspection and copying under this subsection and
15 does not otherwise excuse or exonerate the custodian of public
16 records from any unauthorized or unlawful disposition of such
17 record.
18 (2)(a) Any person shall have the right of access to
19 public records for the purpose of making photographs of the
20 record while in the possession, custody, and control of the
21 custodian of public records.
22 (b) This subsection applies to the making of
23 photographs in the conventional sense by use of a camera
24 device to capture images of public records but excludes the
25 duplication of microfilm in the possession of the clerk of the
26 circuit court where a copy of the microfilm may be made
27 available by the clerk.
28 (c) Photographing public records shall be done under
29 the supervision of the custodian of public records, who may
30 adopt and enforce reasonable rules governing the work.
31 (d) Photographing of public records shall be done in
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 the room where the public records are kept. If, in the
2 judgment of the custodian of public records, this is
3 impossible or impracticable, the work shall be done in another
4 room or place, as nearly adjacent as possible to the room
5 where the public records are kept, to be determined by the
6 custodian of public records. Where provision of another room
7 or place for photographing is required, the expense of
8 providing the same shall be paid by the person desiring to
9 photograph the public record pursuant to subsection (5).
10 (3)(a) As an additional means of inspecting or copying
11 public records, a custodian of public records may provide
12 access to public records by remote electronic means, provided
13 confidential or exempt information is not disclosed.
14 (b) The custodian of public records shall provide
15 safeguards to protect the contents of public records from
16 unauthorized remote electronic access or alteration and to
17 prevent the disclosure or modification of those portions of
18 public records which are exempt from subsection (1) and/or s.
19 24, Art. I of the State Constitution.
20 (c) Unless otherwise required by law, the custodian of
21 public records may charge a fee for remote electronic access,
22 granted under a contractual arrangement with a user, which fee
23 may include the direct and indirect costs of providing such
24 access. Fees for remote electronic access provided to the
25 general public shall be in accordance with the provisions of
26 this section.
27 (4) The custodian of public records shall furnish a
28 copy or a certified copy of the record upon payment of the fee
29 prescribed by law. or, If a fee is not prescribed by law, the
30 following fees are authorized:
31 (a) Up to 15 cents per one-sided copy for duplicated
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 copies of not more than 14 inches by 8 1/2 inches; an agency
2 may charge no more than an additional 5 cents for each
3 two-sided copy, upon payment of not more than 15 cents per
4 one-sided copy, and for all other copies, upon payment of the
5 actual cost of duplication of the public record. An agency
6 may charge no more than an additional 5 cents for each
7 two-sided duplicated copy. For purposes of this section,
8 duplicated copies shall mean new copies produced by
9 duplicating, as defined in s. 283.30. The phrase "actual cost
10 of duplication" means the cost of the material and supplies
11 used to duplicate the record, but it does not include the
12 labor cost or overhead cost associated with such duplication.
13 However,
14 (b) The charge for copies of county maps or aerial
15 photographs supplied by county constitutional officers may
16 also include a reasonable charge for the labor and overhead
17 associated with their duplication. Unless otherwise provided
18 by law, the fees to be charged for duplication of public
19 records shall be collected, deposited, and accounted for in
20 the manner prescribed for other operating funds of the agency.
21 (c) An agency may charge up to $1 per copy for a
22 certified copy of a public record.
23 (d)(b) If the nature or volume of public records
24 requested to be inspected, examined, or copied pursuant to
25 this subsection is such as to require extensive use of
26 information technology resources or extensive clerical or
27 supervisory assistance by personnel of the agency involved, or
28 both, the agency may charge, in addition to the actual cost of
29 duplication, a special service charge, which shall be
30 reasonable and shall be based on the cost incurred for such
31 extensive use of information technology resources or the labor
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 cost of the personnel providing the service that is actually
2 incurred by the agency or attributable to the agency for the
3 clerical and supervisory assistance required, or both.
4 (e)1. Where provision of another room or place is
5 necessary to photograph public records, the expense of
6 providing the same shall be paid by the person desiring to
7 photograph the public records.
8 2. The custodian of public records may charge the
9 person making the photographs for supervision services at a
10 rate of compensation to be agreed upon by the person desiring
11 to make the photographs and the custodian of public records.
12 If they fail to agree as to the appropriate charge, then the
13 charge is to be determined by the custodian of public records.
14 "Information technology resources" means data processing
15 hardware and software and services, communications, supplies,
16 personnel, facility resources, maintenance, and training.
17 (5)(c) When ballots are produced under this section
18 for inspection or examination, no persons other than the
19 supervisor of elections or the supervisor's employees shall
20 touch the ballots. The supervisor of elections shall make a
21 reasonable effort to notify all candidates by telephone or
22 otherwise of the time and place of the inspection or
23 examination. All such candidates, or their representatives,
24 shall be allowed to be present during the inspection or
25 examination.
26 (2)(a) A person who has custody of a public record and
27 who asserts that an exemption provided in subsection (3) or in
28 a general or special law applies to a particular public record
29 or part of such record shall delete or excise from the record
30 only that portion of the record with respect to which an
31 exemption has been asserted and validly applies, and such
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 person shall produce the remainder of such record for
2 inspection and examination. If the person who has custody of
3 a public record contends that the record or part of it is
4 exempt from inspection and examination, he or she shall state
5 the basis of the exemption which he or she contends is
6 applicable to the record, including the statutory citation to
7 an exemption created or afforded by statute, and, if requested
8 by the person seeking the right under this subsection to
9 inspect, examine, or copy the record, he or she shall state in
10 writing and with particularity the reasons for the conclusion
11 that the record is exempt.
12 (b) In any civil action in which an exemption to
13 subsection (1) is asserted, if the exemption is alleged to
14 exist under or by virtue of paragraph (c), paragraph (d),
15 paragraph (e), paragraph (k), paragraph (l), or paragraph (o)
16 of subsection (3), the public record or part thereof in
17 question shall be submitted to the court for an inspection in
18 camera. If an exemption is alleged to exist under or by
19 virtue of paragraph (b) of subsection (3), an inspection in
20 camera will be discretionary with the court. If the court
21 finds that the asserted exemption is not applicable, it shall
22 order the public record or part thereof in question to be
23 immediately produced for inspection, examination, or copying
24 as requested by the person seeking such access.
25 (c) Even if an assertion is made by the custodian of a
26 public record that a requested record is not a public record
27 subject to public inspection and examination under subsection
28 (1), the requested record shall, nevertheless, not be disposed
29 of for a period of 30 days after the date on which a written
30 request requesting the right to inspect, examine, or copy the
31 record was served on or otherwise made to the custodian of the
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 record by the person seeking access to the record. If a civil
2 action is instituted within the 30-day period to enforce the
3 provisions of this section with respect to the requested
4 record, the custodian shall not dispose of the record except
5 by order of a court of competent jurisdiction after notice to
6 all affected parties.
7 (d) The absence of a civil action instituted for the
8 purpose stated in paragraph (c) will not relieve the custodian
9 of the duty to maintain the record as a public record if the
10 record is in fact a public record subject to public inspection
11 and examination under subsection (1) and will not otherwise
12 excuse or exonerate the custodian from any unauthorized or
13 unlawful disposition of such record.
14 (6)(3)(a) Examination questions and answer sheets of
15 examinations administered by a governmental agency for the
16 purpose of licensure, certification, or employment are exempt
17 from the provisions of subsection (1) and s. 24(a), Art. I of
18 the State Constitution. A person who has taken such an
19 examination shall have the right to review his or her own
20 completed examination.
21 (b)1. Active criminal intelligence information and
22 active criminal investigative information are exempt from the
23 provisions of subsection (1) and s. 24(a), Art. I of the State
24 Constitution.
25 2. A request of a law enforcement agency to inspect or
26 copy a public record that is in the custody of another agency,
27 the custodian's response to the request, and any information
28 that would identify the public record that was requested by
29 the law enforcement agency or provided by the custodian are
30 exempt from the requirements of subsection (1) and s. 24(a),
31 Art. I of the State Constitution, during the period in which
18
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 the information constitutes criminal intelligence
2 criminal-intelligence information or criminal investigative
3 criminal-investigative information that is active. This
4 exemption is remedial in nature and it is the intent of the
5 Legislature that the exemption be applied to requests for
6 information received before, on, or after the effective date
7 of this subparagraph. The law enforcement agency shall give
8 notice to the custodial agency when the criminal intelligence
9 criminal-intelligence information or criminal investigative
10 information is no longer active, so that the custodian's
11 response to the request and information that would identify
12 the public record requested are available to the public. This
13 subparagraph is subject to the Open Government Sunset Review
14 Act of 1995 in accordance with s. 119.15 and shall stand
15 repealed October 2, 2007, unless reviewed and saved from
16 repeal through reenactment by the Legislature.
17 (c) Any information revealing the identity of a
18 confidential informant or a confidential source is exempt from
19 the provisions of subsection (1) and s. 24(a), Art. I of the
20 State Constitution.
21 (d) Any information revealing surveillance techniques
22 or procedures or personnel is exempt from the provisions of
23 subsection (1) and s. 24(a), Art. I of the State Constitution.
24 Any comprehensive inventory of state and local law enforcement
25 resources compiled pursuant to part I, chapter 23, and any
26 comprehensive policies or plans compiled by a criminal justice
27 agency pertaining to the mobilization, deployment, or tactical
28 operations involved in responding to emergencies, as defined
29 in s. 252.34(3), are exempt from the provisions of subsection
30 (1) and s. 24(a), Art. I of the State Constitution and
31 unavailable for inspection, except by personnel authorized by
19
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 a state or local law enforcement agency, the office of the
2 Governor, the Department of Legal Affairs, the Department of
3 Law Enforcement, or the Department of Community Affairs as
4 having an official need for access to the inventory or
5 comprehensive policies or plans.
6 (e) Any information revealing undercover personnel of
7 any criminal justice agency is exempt from the provisions of
8 subsection (1) and s. 24(a), Art. I of the State Constitution.
9 (f) Any criminal intelligence information or criminal
10 investigative information including the photograph, name,
11 address, or other fact or information which reveals the
12 identity of the victim of the crime of sexual battery as
13 defined in chapter 794; the identity of the victim of a lewd
14 or lascivious offense committed upon or in the presence of a
15 person less than 16 years of age, as defined in chapter 800;
16 or the identity of the victim of the crime of child abuse as
17 defined by chapter 827 and any criminal intelligence
18 information or criminal investigative information or other
19 criminal record, including those portions of court records and
20 court proceedings, which may reveal the identity of a person
21 who is a victim of any sexual offense, including a sexual
22 offense proscribed in chapter 794, chapter 800, or chapter
23 827, is exempt from the provisions of subsection (1) and s.
24 24(a), Art. I of the State Constitution.
25 (g) Any criminal intelligence information or criminal
26 investigative information which reveals the personal assets of
27 the victim of a crime, other than property stolen or destroyed
28 during the commission of the crime, is exempt from the
29 provisions of subsection (1) and s. 24(a), Art. I of the State
30 Constitution.
31 (h) All criminal intelligence and criminal
20
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 investigative information received by a criminal justice
2 agency prior to January 25, 1979, is exempt from the
3 provisions of subsection (1) and s. 24(a), Art. I of the State
4 Constitution.
5 (i)1. The home addresses, telephone numbers, social
6 security numbers, and photographs of active or former law
7 enforcement personnel, including correctional and correctional
8 probation officers, personnel of the Department of Children
9 and Family Services whose duties include the investigation of
10 abuse, neglect, exploitation, fraud, theft, or other criminal
11 activities, personnel of the Department of Health whose duties
12 are to support the investigation of child abuse or neglect,
13 and personnel of the Department of Revenue or local
14 governments whose responsibilities include revenue collection
15 and enforcement or child support enforcement; the home
16 addresses, telephone numbers, social security numbers,
17 photographs, and places of employment of the spouses and
18 children of such personnel; and the names and locations of
19 schools and day care facilities attended by the children of
20 such personnel are exempt from the provisions of subsection
21 (1). The home addresses, telephone numbers, and photographs of
22 firefighters certified in compliance with s. 633.35; the home
23 addresses, telephone numbers, photographs, and places of
24 employment of the spouses and children of such firefighters;
25 and the names and locations of schools and day care facilities
26 attended by the children of such firefighters are exempt from
27 subsection (1). The home addresses and telephone numbers of
28 justices of the Supreme Court, district court of appeal
29 judges, circuit court judges, and county court judges; the
30 home addresses, telephone numbers, and places of employment of
31 the spouses and children of justices and judges; and the names
21
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 and locations of schools and day care facilities attended by
2 the children of justices and judges are exempt from the
3 provisions of subsection (1). The home addresses, telephone
4 numbers, social security numbers, and photographs of current
5 or former state attorneys, assistant state attorneys,
6 statewide prosecutors, or assistant statewide prosecutors; the
7 home addresses, telephone numbers, social security numbers,
8 photographs, and places of employment of the spouses and
9 children of current or former state attorneys, assistant state
10 attorneys, statewide prosecutors, or assistant statewide
11 prosecutors; and the names and locations of schools and day
12 care facilities attended by the children of current or former
13 state attorneys, assistant state attorneys, statewide
14 prosecutors, or assistant statewide prosecutors are exempt
15 from subsection (1) and s. 24(a), Art. I of the State
16 Constitution.
17 2. The home addresses, telephone numbers, social
18 security numbers, and photographs of current or former human
19 resource, labor relations, or employee relations directors,
20 assistant directors, managers, or assistant managers of any
21 local government agency or water management district whose
22 duties include hiring and firing employees, labor contract
23 negotiation, administration, or other personnel-related
24 duties; the names, home addresses, telephone numbers, social
25 security numbers, photographs, and places of employment of the
26 spouses and children of such personnel; and the names and
27 locations of schools and day care facilities attended by the
28 children of such personnel are exempt from subsection (1) and
29 s. 24(a), Art. I of the State Constitution. This subparagraph
30 is subject to the Open Government Sunset Review Act of 1995 in
31 accordance with s. 119.15, and shall stand repealed on October
22
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 2, 2006, unless reviewed and saved from repeal through
2 reenactment by the Legislature.
3 3. The home addresses, telephone numbers, social
4 security numbers, and photographs of current or former code
5 enforcement officers; the names, home addresses, telephone
6 numbers, social security numbers, photographs, and places of
7 employment of the spouses and children of such persons; and
8 the names and locations of schools and day care facilities
9 attended by the children of such persons are exempt from
10 subsection (1) and s. 24(a), Art. I of the State Constitution.
11 This subparagraph is subject to the Open Government Sunset
12 Review Act of 1995 in accordance with s. 119.15, and shall
13 stand repealed on October 2, 2006, unless reviewed and saved
14 from repeal through reenactment by the Legislature.
15 4. An agency that is the custodian of the personal
16 information specified in subparagraph 1., subparagraph 2., or
17 subparagraph 3. and that is not the employer of the officer,
18 employee, justice, judge, or other person specified in
19 subparagraph 1., subparagraph 2., or subparagraph 3. shall
20 maintain the exempt status confidentiality of the personal
21 information only if the officer, employee, justice, judge,
22 other person, or employing agency of the designated employee
23 submits a written request for maintenance of the exemption
24 confidentiality to the custodial agency.
25 (j) Any information provided to an agency of state
26 government or to an agency of a political subdivision of the
27 state for the purpose of forming ridesharing arrangements,
28 which information reveals the identity of an individual who
29 has provided his or her name for ridesharing, as defined in s.
30 341.031, is exempt from the provisions of subsection (1) and
31 s. 24(a), Art. I of the State Constitution.
23
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 (k) Any information revealing the substance of a
2 confession of a person arrested is exempt from the provisions
3 of subsection (1) and s. 24(a), Art. I of the State
4 Constitution, until such time as the criminal case is finally
5 determined by adjudication, dismissal, or other final
6 disposition.
7 (l)1. A public record which was prepared by an agency
8 attorney (including an attorney employed or retained by the
9 agency or employed or retained by another public officer or
10 agency to protect or represent the interests of the agency
11 having custody of the record) or prepared at the attorney's
12 express direction, which reflects a mental impression,
13 conclusion, litigation strategy, or legal theory of the
14 attorney or the agency, and which was prepared exclusively for
15 civil or criminal litigation or for adversarial administrative
16 proceedings, or which was prepared in anticipation of imminent
17 civil or criminal litigation or imminent adversarial
18 administrative proceedings, is exempt from the provisions of
19 subsection (1) and s. 24(a), Art. I of the State Constitution
20 until the conclusion of the litigation or adversarial
21 administrative proceedings. For purposes of capital collateral
22 litigation as set forth in s. 27.7001, the Attorney General's
23 office is entitled to claim this exemption for those public
24 records prepared for direct appeal as well as for all capital
25 collateral litigation after direct appeal until execution of
26 sentence or imposition of a life sentence.
27 2. This exemption is not waived by the release of such
28 public record to another public employee or officer of the
29 same agency or any person consulted by the agency attorney.
30 When asserting the right to withhold a public record pursuant
31 to this paragraph, the agency shall identify the potential
24
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 parties to any such criminal or civil litigation or
2 adversarial administrative proceedings. If a court finds that
3 the document or other record has been improperly withheld
4 under this paragraph, the party seeking access to such
5 document or record shall be awarded reasonable attorney's fees
6 and costs in addition to any other remedy ordered by the
7 court.
8 (m) Sealed bids or proposals received by an agency
9 pursuant to invitations to bid or requests for proposals are
10 exempt from the provisions of subsection (1) and s. 24(a),
11 Art. I of the State Constitution until such time as the agency
12 provides notice of a decision or intended decision pursuant to
13 s. 120.57(3)(a) or within 10 days after bid or proposal
14 opening, whichever is earlier.
15 (n) When an agency of the executive branch of state
16 government seeks to acquire real property by purchase or
17 through the exercise of the power of eminent domain all
18 appraisals, other reports relating to value, offers, and
19 counteroffers must be in writing and are exempt from the
20 provisions of subsection (1) and s. 24(a), Art. I of the State
21 Constitution until execution of a valid option contract or a
22 written offer to sell that has been conditionally accepted by
23 the agency, at which time the exemption shall expire. The
24 agency shall not finally accept the offer for a period of 30
25 days in order to allow public review of the transaction. The
26 agency may give conditional acceptance to any option or offer
27 subject only to final acceptance by the agency after the
28 30-day review period. If a valid option contract is not
29 executed, or if a written offer to sell is not conditionally
30 accepted by the agency, then the exemption from the provisions
31 of this chapter shall expire at the conclusion of the
25
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 condemnation litigation of the subject property. An agency of
2 the executive branch may exempt title information, including
3 names and addresses of property owners whose property is
4 subject to acquisition by purchase or through the exercise of
5 the power of eminent domain, from the provisions of subsection
6 (1) and s. 24(a), Art. I of the State Constitution to the same
7 extent as appraisals, other reports relating to value, offers,
8 and counteroffers. For the purpose of this paragraph, "option
9 contract" means an agreement of an agency of the executive
10 branch of state government to purchase real property subject
11 to final agency approval. This paragraph shall have no
12 application to other exemptions from the provisions of
13 subsection (1) which are contained in other provisions of law
14 and shall not be construed to be an express or implied repeal
15 thereof.
16 (o) Data processing software obtained by an agency
17 under a licensing agreement which prohibits its disclosure and
18 which software is a trade secret, as defined in s. 812.081,
19 and agency-produced data processing software which is
20 sensitive are exempt from the provisions of subsection (1) and
21 s. 24(a), Art. I of the State Constitution. The designation
22 of agency-produced software as sensitive shall not prohibit an
23 agency head from sharing or exchanging such software with
24 another public agency. As used in this paragraph:
25 1. "Data processing software" means the programs and
26 routines used to employ and control the capabilities of data
27 processing hardware, including, but not limited to, operating
28 systems, compilers, assemblers, utilities, library routines,
29 maintenance routines, applications, and computer networking
30 programs.
31 2. "Sensitive" means only those portions of data
26
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 processing software, including the specifications and
2 documentation, used to:
3 a. Collect, process, store, and retrieve information
4 which is exempt from the provisions of subsection (1);
5 b. Collect, process, store, and retrieve financial
6 management information of the agency, such as payroll and
7 accounting records; or
8 c. Control and direct access authorizations and
9 security measures for automated systems.
10 (p) All complaints and other records in the custody of
11 any unit of local government which relate to a complaint of
12 discrimination relating to race, color, religion, sex,
13 national origin, age, handicap, marital status, sale or rental
14 of housing, the provision of brokerage services, or the
15 financing of housing are exempt from the provisions of
16 subsection (1) and s. 24(a), Art. I of the State Constitution
17 until a finding is made relating to probable cause, the
18 investigation of the complaint becomes inactive, or the
19 complaint or other record is made part of the official record
20 of any hearing or court proceeding. This provision shall not
21 affect any function or activity of the Florida Commission on
22 Human Relations. Any state or federal agency which is
23 authorized to have access to such complaints or records by any
24 provision of law shall be granted such access in the
25 furtherance of such agency's statutory duties, notwithstanding
26 the provisions of this section. This paragraph shall not be
27 construed to modify or repeal any special or local act.
28 (q) All complaints and other records in the custody of
29 any agency in the executive branch of state government which
30 relate to a complaint of discrimination relating to race,
31 color, religion, sex, national origin, age, handicap, or
27
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 marital status in connection with hiring practices, position
2 classifications, salary, benefits, discipline, discharge,
3 employee performance, evaluation, or other related activities
4 are exempt from the provisions of subsection (1) and s. 24(a),
5 Art. I of the State Constitution until a finding is made
6 relating to probable cause, the investigation of the complaint
7 becomes inactive, or the complaint or other record is made
8 part of the official record of any hearing or court
9 proceeding. This provision shall not affect any function or
10 activity of the Florida Commission on Human Relations. Any
11 state or federal agency which is authorized to have access to
12 such complaints or records by any provision of law shall be
13 granted such access in the furtherance of such agency's
14 statutory duties, notwithstanding the provisions of this
15 section.
16 (r) All records supplied by a telecommunications
17 company, as defined by s. 364.02, to a state or local
18 governmental agency which contain the name, address, and
19 telephone number of subscribers are confidential and exempt
20 from the provisions of subsection (1) and s. 24(a), Art. I of
21 the State Constitution.
22 (s)1. Any document that reveals the identity, home or
23 employment telephone number, home or employment address, or
24 personal assets of the victim of a crime and identifies that
25 person as the victim of a crime, which document is received by
26 any agency that regularly receives information from or
27 concerning the victims of crime, is exempt from the provisions
28 of subsection (1) and s. 24(a), Art. I of the State
29 Constitution. Any information not otherwise held confidential
30 or exempt from the provisions of subsection (1) which reveals
31 the home or employment telephone number, home or employment
28
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 address, or personal assets of a person who has been the
2 victim of sexual battery, aggravated child abuse, aggravated
3 stalking, harassment, aggravated battery, or domestic violence
4 is exempt from the provisions of subsection (1) and s. 24(a),
5 Art. I of the State Constitution, upon written request by the
6 victim, which must include official verification that an
7 applicable crime has occurred. Such information shall cease
8 to be exempt 5 years after the receipt of the written request.
9 Any state or federal agency that is authorized to have access
10 to such documents by any provision of law shall be granted
11 such access in the furtherance of such agency's statutory
12 duties, notwithstanding the provisions of this section.
13 2. Any information in a videotaped statement of a
14 minor who is alleged to be or who is a victim of sexual
15 battery, lewd acts, or other sexual misconduct proscribed in
16 chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s.
17 847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which
18 reveals that minor's identity, including, but not limited to,
19 the minor's face; the minor's home, school, church, or
20 employment telephone number; the minor's home, school, church,
21 or employment address; the name of the minor's school, church,
22 or place of employment; or the personal assets of the minor;
23 and which identifies that minor as the victim of a crime
24 described in this subparagraph, is confidential and exempt
25 from subsection (1) and s. 24(a), Art. I of the State
26 Constitution. Any governmental agency that is authorized to
27 have access to such statements by any provision of law shall
28 be granted such access in the furtherance of the agency's
29 statutory duties, notwithstanding the provisions of this
30 section. This subparagraph is subject to the Open Government
31 Sunset Review Act of 1995 in accordance with s. 119.15, and
29
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 shall stand repealed on October 2, 2003.
2 3. A public employee or officer who has access to the
3 videotaped statement of a minor who is alleged to be or who is
4 a victim of sexual battery, lewd acts, or other sexual
5 misconduct proscribed in chapter 800 or in s. 794.011, s.
6 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or
7 s. 847.0145, may not willfully and knowingly disclose
8 videotaped information that reveals that minor's identity to a
9 person who is not assisting in the investigation or
10 prosecution of the alleged offense or to any person other than
11 the defendant, the defendant's attorney, or a person specified
12 in an order entered by the court having jurisdiction of the
13 alleged offense.
14 4. A person who violates subparagraph 3. commits a
15 misdemeanor of the first degree, punishable as provided in s.
16 775.082 or s. 775.083.
17 (t) Any financial statement which an agency requires a
18 prospective bidder to submit in order to prequalify for
19 bidding or for responding to a proposal for a road or any
20 other public works project is exempt from the provisions of
21 subsection (1) and s. 24(a), Art. I of the State Constitution.
22 (u) Where the alleged victim chooses not to file a
23 complaint and requests that records of the complaint remain
24 confidential, all records relating to an allegation of
25 employment discrimination are confidential and exempt from the
26 provisions of subsection (1) and s. 24(a), Art. I of the State
27 Constitution.
28 (v) Medical information pertaining to a prospective,
29 current, or former officer or employee of an agency which, if
30 disclosed, would identify that officer or employee is exempt
31 from the provisions of subsection (1) and s. 24(a), Art. I of
30
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 the State Constitution. However, such information may be
2 disclosed if the person to whom the information pertains or
3 the person's legal representative provides written permission
4 or pursuant to court order.
5 (w)1. If certified pursuant to subparagraph 2., an
6 investigatory record of the Chief Inspector General within the
7 Executive Office of the Governor or of the employee designated
8 by an agency head as the agency inspector general under s.
9 112.3189 is exempt from the provisions of subsection (1) and
10 s. 24(a), Art. I of the State Constitution until the
11 investigation ceases to be active, or a report detailing the
12 investigation is provided to the Governor or the agency head,
13 or 60 days from the inception of the investigation for which
14 the record was made or received, whichever first occurs.
15 Investigatory records are those records which are related to
16 the investigation of an alleged, specific act or omission or
17 other wrongdoing, with respect to an identifiable person or
18 group of persons, based on information compiled by the Chief
19 Inspector General or by an agency inspector general, as named
20 under the provisions of s. 112.3189, in the course of an
21 investigation. An investigation is active if it is continuing
22 with a reasonable, good faith anticipation of resolution and
23 with reasonable dispatch.
24 2. The Governor, in the case of the Chief Inspector
25 General, or agency head, in the case of an employee designated
26 as the agency inspector general under s. 112.3189, may certify
27 such investigatory records require an exemption to protect the
28 integrity of the investigation or avoid unwarranted damage to
29 an individual's good name or reputation. The certification
30 shall specify the nature and purpose of the investigation and
31 shall be kept with the exempt records and made public when the
31
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 records are made public.
2 3. The provisions of this paragraph do not apply to
3 whistle-blower investigations conducted pursuant to the
4 provisions of ss. 112.3187, 112.3188, 112.3189, and 112.31895.
5 (x) The social security numbers of all current and
6 former agency employees which numbers are contained in agency
7 employment records are exempt from subsection (1) and exempt
8 from s. 24(a), Art. I of the State Constitution. As used in
9 this paragraph, the term "agency" means an agency as defined
10 in s. 119.011.
11 (y) The audit report of an internal auditor prepared
12 for or on behalf of a unit of local government becomes a
13 public record when the audit becomes final. As used in this
14 paragraph, "unit of local government" means a county,
15 municipality, special district, local agency, authority,
16 consolidated city-county government, or any other local
17 governmental body or public body corporate or politic
18 authorized or created by general or special law. An audit
19 becomes final when the audit report is presented to the unit
20 of local government. Audit workpapers and notes related to
21 such audit report are confidential and exempt from the
22 provisions of subsection (1) and s. 24(a), Art. I of the State
23 Constitution until the audit is completed and the audit report
24 becomes final.
25 (z) Bank account numbers or debit, charge, or credit
26 card numbers given to an agency for the purpose of payment of
27 any fee or debt owing are confidential and exempt from
28 subsection (1) and s. 24(a), Art. I of the State Constitution.
29 However, such numbers may be used by an agency, as needed, in
30 any administrative or judicial proceeding, provided such
31 numbers are kept confidential and exempt, unless otherwise
32
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 ordered by the court. This paragraph is subject to the Open
2 Government Sunset Review Act of 1995 in accordance with s.
3 119.15, and shall stand repealed on October 2, 2001, unless
4 reviewed and saved from repeal through reenactment by the
5 Legislature.
6 (z)(aa) Any data, record, or document used directly or
7 solely by a municipally owned utility to prepare and submit a
8 bid relative to the sale, distribution, or use of any service,
9 commodity, or tangible personal property to any customer or
10 prospective customer shall be exempt from the provisions of
11 subsection (1) and s. 24(a), Art. I of the State Constitution.
12 This exemption commences when a municipal utility identifies
13 in writing a specific bid to which it intends to respond. This
14 exemption no longer applies when the contract for sale,
15 distribution, or use of the service, commodity, or tangible
16 personal property is executed, a decision is made not to
17 execute such contract, or the project is no longer under
18 active consideration. The exemption in this paragraph includes
19 the bid documents actually furnished in response to the
20 request for bids. However, the exemption for the bid documents
21 submitted no longer applies after the bids are opened by the
22 customer or prospective customer.
23 (aa)(bb) Upon a request made in a form designated by
24 the Department of Highway Safety and Motor Vehicles, personal
25 information contained in a motor vehicle record that
26 identifies the requester is exempt from subsection (1) and s.
27 24(a), Art. I of the State Constitution except as provided in
28 this paragraph. Personal information includes, but is not
29 limited to, the requester's social security number, driver
30 identification number, name, address, telephone number, and
31 medical or disability information. For purposes of this
33
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 paragraph, personal information does not include information
2 relating to vehicular crashes, driving violations, and
3 driver's status. Such request may be made only by the person
4 who is the subject of the motor vehicle record. For purposes
5 of this paragraph, "motor vehicle record" means any record
6 that pertains to a motor vehicle operator's permit, motor
7 vehicle title, motor vehicle registration, or identification
8 card issued by the Department of Highway Safety and Motor
9 Vehicles. Personal information contained in motor vehicle
10 records exempted by an individual's request pursuant to this
11 paragraph shall be released by the department for any of the
12 following uses:
13 1. For use in connection with matters of motor vehicle
14 or driver safety and theft; motor vehicle emissions; motor
15 vehicle product alterations, recalls, or advisories;
16 performance monitoring of motor vehicles and dealers by motor
17 vehicle manufacturers; and removal of nonowner records from
18 the original owner records of motor vehicle manufacturers, to
19 carry out the purposes of the Automobile Information
20 Disclosure Act, the Motor Vehicle Information and Cost Saving
21 Act, the National Traffic and Motor Vehicle Safety Act of
22 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.
23 2. For use by any government agency, including any
24 court or law enforcement agency, in carrying out its
25 functions, or any private person or entity acting on behalf of
26 a federal, state, or local agency in carrying out its
27 functions.
28 3. For use in connection with matters of motor vehicle
29 or driver safety and theft; motor vehicle emissions; motor
30 vehicle product alterations, recalls, or advisories;
31 performance monitoring of motor vehicles, motor vehicle parts,
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Amendment No. ___ (for drafter's use only)
1 and dealers; motor vehicle market research activities,
2 including survey research; and removal of nonowner records
3 from the original owner records of motor vehicle
4 manufacturers.
5 4. For use in the normal course of business by a
6 legitimate business or its agents, employees, or contractors,
7 but only:
8 a. To verify the accuracy of personal information
9 submitted by the individual to the business or its agents,
10 employees, or contractors; and
11 b. If such information as so submitted is not correct
12 or is no longer correct, to obtain the correct information,
13 but only for the purposes of preventing fraud by, pursuing
14 legal remedies against, or recovering on a debt or security
15 interest against, the individual.
16 5. For use in connection with any civil, criminal,
17 administrative, or arbitral proceeding in any court or agency
18 or before any self-regulatory body for:
19 a. Service of process by any certified process server,
20 special process server, or other person authorized to serve
21 process in this state.
22 b. Investigation in anticipation of litigation by an
23 attorney licensed to practice law in this state or the agent
24 of the attorney.
25 c. Investigation by any person in connection with any
26 filed proceeding.
27 d. Execution or enforcement of judgments and orders.
28 e. Compliance with an order of any court.
29 6. For use in research activities and for use in
30 producing statistical reports, so long as the personal
31 information is not published, redisclosed, or used to contact
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Amendment No. ___ (for drafter's use only)
1 individuals.
2 7. For use by any insurer or insurance support
3 organization, or by a self-insured entity, or its agents,
4 employees, or contractors, in connection with claims
5 investigation activities, anti-fraud activities, rating, or
6 underwriting.
7 8. For use in providing notice to the owners of towed
8 or impounded vehicles.
9 9. For use by any licensed private investigative
10 agency or licensed security service for any purpose permitted
11 under this paragraph. Personal information obtained based on
12 an exempt driver's record may not be provided to a client who
13 cannot demonstrate a need based on a police report, court
14 order, or a business or personal relationship with the subject
15 of the investigation.
16 10. For use by an employer or its agent or insurer to
17 obtain or verify information relating to a holder of a
18 commercial driver's license that is required under the
19 Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App.
20 2710 et seq.
21 11. For use in connection with the operation of
22 private toll transportation facilities.
23 12. For bulk distribution for surveys, marketing, or
24 solicitations when the department has implemented methods and
25 procedures to ensure that:
26 a. Individuals are provided an opportunity, in a clear
27 and conspicuous manner, to prohibit such uses; and
28 b. The information will be used, rented, or sold
29 solely for bulk distribution for survey, marketing, and
30 solicitations, and that surveys, marketing, and solicitations
31 will not be directed at those individuals who have timely
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Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 requested that they not be directed at them.
2 13. For any use if the requesting person demonstrates
3 that he or she has obtained the written consent of the person
4 who is the subject of the motor vehicle record.
5 14. For any other use specifically authorized by state
6 law, if such use is related to the operation of a motor
7 vehicle or public safety.
8
9 Personal information exempted from public disclosure according
10 to this paragraph may be disclosed by the Department of
11 Highway Safety and Motor Vehicles to an individual, firm,
12 corporation, or similar business entity whose primary business
13 interest is to resell or redisclose the personal information
14 to persons who are authorized to receive such information.
15 Prior to the department's disclosure of personal information,
16 such individual, firm, corporation, or similar business entity
17 must first enter into a contract with the department regarding
18 the care, custody, and control of the personal information to
19 ensure compliance with the federal Driver's Privacy Protection
20 Act of 1994 and applicable state laws. An authorized recipient
21 of personal information contained in a motor vehicle record,
22 except a recipient under subparagraph 12., may contract with
23 the Department of Highway Safety and Motor Vehicles to resell
24 or redisclose the information for any use permitted under this
25 paragraph. However, only authorized recipients of personal
26 information under subparagraph 12. may resell or redisclose
27 personal information pursuant to subparagraph 12. Any
28 authorized recipient who resells or rediscloses personal
29 information shall maintain, for a period of 5 years, records
30 identifying each person or entity that receives the personal
31 information and the permitted purpose for which it will be
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Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 used. Such records shall be made available for inspection upon
2 request by the department. The department shall adopt rules to
3 carry out the purposes of this paragraph and the federal
4 Driver's Privacy Protection Act of 1994, Title XXX, Pub. L.
5 No. 103-322. Rules adopted by the department shall provide for
6 the payment of applicable fees and, prior to the disclosure of
7 personal information pursuant to this paragraph, shall require
8 the meeting of conditions by the requesting person for the
9 purposes of obtaining reasonable assurance concerning the
10 identity of such requesting person, and, to the extent
11 required, assurance that the use will be only as authorized or
12 that the consent of the person who is the subject of the
13 personal information has been obtained. Such conditions may
14 include, but need not be limited to, the making and filing of
15 a written application in such form and containing such
16 information and certification requirements as the department
17 requires.
18 (bb)(cc)1. Medical history records, bank account
19 numbers, credit card numbers, telephone numbers, and
20 information related to health or property insurance furnished
21 by an individual to any agency pursuant to federal, state, or
22 local housing assistance programs are confidential and exempt
23 from the provisions of subsection (1) and s. 24(a), Art. I of
24 the State Constitution. Any other information produced or
25 received by any private or public entity in direct connection
26 with federal, state, or local housing assistance programs,
27 unless the subject of another federal or state exemption, is
28 subject to subsection (1).
29 2. Governmental agencies or their agents are entitled
30 to access to the records specified in this paragraph for the
31 purposes of auditing federal, state, or local housing programs
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Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 or housing assistance programs. Such records may be used by an
2 agency, as needed, in any administrative or judicial
3 proceeding, provided such records are kept confidential and
4 exempt, unless otherwise ordered by a court.
5 3. This paragraph is repealed effective October 2,
6 2003, and must be reviewed by the Legislature before that date
7 in accordance with s. 119.15, the Open Government Sunset
8 Review Act of 1995.
9 (cc)(dd) All personal identifying information; bank
10 account numbers; and debit, charge, and credit card numbers
11 contained in records relating to an individual's personal
12 health or eligibility for health-related services made or
13 received by the Department of Health or its service providers
14 are confidential and exempt from the provisions of subsection
15 (1) and s. 24(a), Art. I of the State Constitution, except as
16 otherwise provided in this paragraph. Information made
17 confidential and exempt by this paragraph shall be disclosed:
18 1. With the express written consent of the individual
19 or the individual's legally authorized representative.
20 2. In a medical emergency, but only to the extent
21 necessary to protect the health or life of the individual.
22 3. By court order upon a showing of good cause.
23 4. To a health research entity, if the entity seeks
24 the records or data pursuant to a research protocol approved
25 by the department, maintains the records or data in accordance
26 with the approved protocol, and enters into a purchase and
27 data-use agreement with the department, the fee provisions of
28 which are consistent with paragraph (1)(a). The department
29 may deny a request for records or data if the protocol
30 provides for intrusive follow-back contacts, has not been
31 approved by a human studies institutional review board, does
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Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 not plan for the destruction of confidential records after the
2 research is concluded, is administratively burdensome, or does
3 not have scientific merit. The agreement must restrict the
4 release of any information, which would permit the
5 identification of persons, limit the use of records or data to
6 the approved research protocol, and prohibit any other use of
7 the records or data. Copies of records or data issued
8 pursuant to this subparagraph remain the property of the
9 department.
10
11 This paragraph is subject to the Open Government Sunset Review
12 Act of 1995, in accordance with s. 119.15, and shall stand
13 repealed on October 2, 2006, unless reviewed and saved from
14 repeal through reenactment by the Legislature.
15 (dd) Any videotape or video signal which, under an
16 agreement with an agency, is produced, made, or received by,
17 or is in the custody of, a federally licensed radio or
18 television station or its agent is exempt from this chapter.
19 (7)(4) Nothing in this section shall be construed to
20 exempt from subsection (1) a public record which was made a
21 part of a court file and which is not specifically closed by
22 order of court, except as provided in paragraphs (c), (d),
23 (e), (k), (l), and (o) of subsection (6) (3) and except
24 information or records which may reveal the identity of a
25 person who is a victim of a sexual offense as provided in
26 paragraph (f) of subsection (6) (3).
27 (8)(5) An exemption from this section does not imply
28 an exemption from or exception to s. 286.011. The exemption
29 from or exception to s. 286.011 must be expressly provided.
30 (9)(6) Nothing in subsection (6) (3) or any other
31 general or special law shall limit the access of the Auditor
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 General, the Office of Program Policy Analysis and Government
2 Accountability, or any state, county, municipal, university,
3 board of community college, school district, or special
4 district internal auditor to public records when such person
5 states in writing that such records are needed for a properly
6 authorized audit, examination, or investigation. Such person
7 shall maintain the confidential or exempt status
8 confidentiality of a any public record records that is are
9 confidential or exempt from the provisions of subsection (1),
10 and shall be subject to the same penalties as the custodian
11 custodians of that record those public records for public
12 disclosure of such record violating confidentiality.
13 (10)(7)(a) Any person or organization, including the
14 Department of Children and Family Services, may petition the
15 court for an order making public the records of the Department
16 of Children and Family Services that pertain to investigations
17 of alleged abuse, neglect, abandonment, or exploitation of a
18 child or a vulnerable adult. The court shall determine if good
19 cause exists for public access to the records sought or a
20 portion thereof. In making this determination, the court shall
21 balance the best interest of the vulnerable adult or child who
22 is the focus of the investigation, and in the case of the
23 child, the interest of that child's siblings, together with
24 the privacy right of other persons identified in the reports
25 against the public interest. The public interest in access to
26 such records is reflected in s. 119.01(1), and includes the
27 need for citizens to know of and adequately evaluate the
28 actions of the Department of Children and Family Services and
29 the court system in providing vulnerable adults and children
30 of this state with the protections enumerated in ss. 39.001
31 and 415.101. However, this subsection does not contravene ss.
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 39.202 and 415.107, which protect the name of any person
2 reporting the abuse, neglect, or exploitation of a child or a
3 vulnerable adult.
4 (b) In cases involving serious bodily injury to a
5 child or a vulnerable adult, the Department of Children and
6 Family Services may petition the court for an order for the
7 immediate public release of records of the department which
8 pertain to the protective investigation. The petition must be
9 personally served upon the child or vulnerable adult, the
10 child's parents or guardian, the legal guardian of that
11 person, if any, and any person named as an alleged perpetrator
12 in the report of abuse, neglect, abandonment, or exploitation.
13 The court must determine if good cause exists for the public
14 release of the records sought no later than 24 hours,
15 excluding Saturdays, Sundays, and legal holidays, after the
16 date the department filed the petition with the court. If the
17 court has neither granted nor denied the petition within the
18 24-hour time period, the department may release to the public
19 summary information including:
20 1. A confirmation that an investigation has been
21 conducted concerning the alleged victim.
22 2. The dates and brief description of procedural
23 activities undertaken during the department's investigation.
24 3. The date of each judicial proceeding, a summary of
25 each participant's recommendations made at the judicial
26 proceedings, and the rulings of the court.
27
28 The summary information may not include the name of, or other
29 identifying information with respect to, any person identified
30 in any investigation. In making a determination to release
31 confidential information, the court shall balance the best
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 interests of the vulnerable adult or child who is the focus of
2 the investigation and, in the case of the child, the interests
3 of that child's siblings, together with the privacy rights of
4 other persons identified in the reports against the public
5 interest for access to public records. However, this paragraph
6 does not contravene ss. 39.202 and 415.107, which protect the
7 name of any person reporting abuse, neglect, or exploitation
8 of a child or a vulnerable adult.
9 (c) When the court determines that good cause for
10 public access exists, the court shall direct that the
11 department redact the name of and other identifying
12 information with respect to any person identified in any
13 protective investigation report until such time as the court
14 finds that there is probable cause to believe that the person
15 identified committed an act of alleged abuse, neglect, or
16 abandonment.
17 (11)(8) The provisions of this section are not
18 intended to expand or limit the provisions of Rule 3.220,
19 Florida Rules of Criminal Procedure, regarding the right and
20 extent of discovery by the state or by a defendant in a
21 criminal prosecution or in collateral postconviction
22 proceedings. This section may not be used by any inmate as
23 the basis for failing to timely litigate any postconviction
24 action.
25 Section 8. Sections 119.08 and 119.083, Florida
26 Statutes, are repealed.
27 Section 9. Section 119.084, Florida Statutes, is
28 amended to read:
29 119.084 Definitions; copyright of data processing
30 software created by governmental agencies; sale price and
31 licensing fee; access to public records; prohibited
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 contracts.--
2 (1) As used in this section, the term:
3 (a) "agency" has the same meaning as in s. 119.011(2),
4 except that the term does not include any private agency,
5 person, partnership, corporation, or business entity.
6 (b) "Data processing software" means the programs and
7 routines used to employ and control the capabilities of data
8 processing hardware, including, but not limited to, operating
9 systems, compilers, assemblers, utilities, library routines,
10 maintenance routines, applications, and computer networking
11 programs.
12 (c) "Proprietary software" means data processing
13 software that is protected by copyright or trade secret laws.
14 (2) Any agency is authorized to acquire and hold
15 copyrights for data processing software created by the agency
16 and to enforce its rights pertaining to such copyrights,
17 provided that the agency complies with the requirements of
18 this section.
19 (a) Any agency that has acquired a copyright for data
20 processing software created by the agency may sell or license
21 the copyrighted data processing software to any public agency
22 or private person and may establish a price for the sale and a
23 license fee for the use of such data processing software.
24 Proceeds from the sale or licensing of copyrighted data
25 processing software shall be deposited by the agency into a
26 trust fund for the agency's appropriate use for authorized
27 purposes. Counties, municipalities, and other political
28 subdivisions of the state may designate how such sale and
29 licensing proceeds are to be used. The price for the sale of
30 and the fee for the licensing of copyrighted data processing
31 software may be based on market considerations. However, the
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 prices or fees for the sale or licensing of copyrighted data
2 processing software to an individual or entity solely for
3 application to information maintained or generated by the
4 agency that created the copyrighted data processing software
5 shall be determined pursuant to s. 119.07(4) 119.07(1).
6 (b) The provisions of this subsection are supplemental
7 to, and shall not supplant or repeal, any other provision of
8 law that authorizes an agency to acquire and hold copyrights.
9 (3) Subject to the restrictions of copyright and trade
10 secret laws and public records exemptions, agency use of
11 proprietary software must not diminish the right of the public
12 to inspect and copy a public record.
13 (4) An agency must consider when designing or
14 acquiring an electronic recordkeeping system that such system
15 is capable of providing data in some common format such as,
16 but not limited to, the American Standard Code for Information
17 Interchange.
18 (5) Each agency that maintains a public record in an
19 electronic recordkeeping system shall provide to any person,
20 pursuant to this chapter, a copy of any public record in that
21 system which is not exempted by law from public disclosure.
22 An agency must provide a copy of the record in the medium
23 requested if the agency maintains the record in that medium,
24 and the agency may charge a fee which shall be in accordance
25 with this chapter. For the purpose of satisfying a public
26 records request, the fee to be charged by an agency if it
27 elects to provide a copy of a public record in a medium not
28 routinely used by the agency, or if it elects to compile
29 information not routinely developed or maintained by the
30 agency or that requires a substantial amount of manipulation
31 or programming, must be in accordance with s. 119.07(1)(b).
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
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:
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 punishable as provided in s. 775.082, s. 775.083, or s.
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 775.084.
2 Section 12. Section 119.105, Florida Statutes, is
3 amended to read:
4 119.105 Protection of victims of crimes or
5 accidents.--Police reports are public records except as
6 otherwise made exempt or confidential by general or special
7 law. Every person is allowed to examine nonexempt or
8 nonconfidential police reports. No person who inspects or
9 copies police reports for the purpose of obtaining the names
10 and addresses of the victims of crimes or accidents shall use
11 any information contained therein for any commercial
12 solicitation of the victims or relatives of the victims of the
13 reported crimes or accidents. Nothing herein shall prohibit
14 the publication of such information by any news media or the
15 use of such information for any other data collection or
16 analysis purposes.
17 Section 13. Paragraph (a) of subsection (1) of section
18 120.55, Florida Statutes, is amended to read:
19 120.55 Publication.--
20 (1) The Department of State shall:
21 (a)1. Through a continuous revision system, compile
22 and publish the "Florida Administrative Code." The Florida
23 Administrative Code shall contain Publish in a permanent
24 compilation entitled "Florida Administrative Code" all rules
25 adopted by each agency, citing the specific rulemaking
26 authority pursuant to which each rule was adopted, all history
27 notes as authorized in s. 120.545(9), and complete indexes to
28 all rules contained in the code. Supplementation shall be made
29 as often as practicable, but at least monthly. The department
30 may contract with a publishing firm for the publication, in a
31 timely and useful form, of the Florida Administrative Code;
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 however, the department shall retain responsibility for the
2 code as provided in this section. This publication shall be
3 the official compilation of the administrative rules of this
4 state. The Department of State shall retain the copyright
5 over the Florida Administrative Code.
6 2. Rules general in form but applicable to only one
7 school district, community college district, or county, or a
8 part thereof, or university rules relating to internal
9 personnel or business and finance shall not be published in
10 the Florida Administrative Code. Exclusion from publication in
11 the Florida Administrative Code shall not affect the validity
12 or effectiveness of such rules.
13 3. At the beginning of the section of the code dealing
14 with an agency that files copies of its rules with the
15 department, the department shall publish the address and
16 telephone number of the executive offices of each agency, the
17 manner by which the agency indexes its rules, a listing of all
18 rules of that agency excluded from publication in the code,
19 and a statement as to where those rules may be inspected.
20 4. Forms shall not be published in the Florida
21 Administrative Code; but any form which an agency uses in its
22 dealings with the public, along with any accompanying
23 instructions, shall be filed with the committee before it is
24 used. Any form or instruction which meets the definition of
25 "rule" provided in s. 120.52 shall be incorporated by
26 reference into the appropriate rule. The reference shall
27 specifically state that the form is being incorporated by
28 reference and shall include the number, title, and effective
29 date of the form and an explanation of how the form may be
30 obtained.
31 Section 14. Paragraph (b) of subsection (2) of section
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 257.36, Florida Statutes, is amended to read:
2 257.36 Records and information management.--
3 (2)
4 (b) Title to any record detained in any records center
5 shall remain in the agency transferring such record to the
6 division. When the Legislature transfers any duty or
7 responsibility of an agency to another agency, the receiving
8 agency shall be the custodian of public records with regard to
9 the public records associated with that transfered duty or
10 responsibility, and shall be responsible for the records
11 storage service charges of the division. If an agency is
12 dissolved and the legislation dissolving that agency does not
13 assign an existing agency as the custodian of public records
14 for the dissolved ageny's records, then the Cabinet is the
15 custodian of public records for the dissolved agency, unless
16 the Cabinet otherwise designates a custodian. The Cabinet or
17 the agency designated by the Cabinet shall be responsible for
18 the records storage service charges of the division.
19 Section 15. Subsection (5) of section 328.15, Florida
20 Statutes, is amended to read:
21 328.15 Notice of lien on vessel; recording.--
22 (5) The Department of Highway Safety and Motor
23 Vehicles shall make such rules and regulations as it deems
24 necessary or proper for the effective administration of this
25 law. The department may by rule require that a notice of
26 satisfaction of a lien be notarized. The department shall
27 prepare the forms of the notice of lien and the satisfaction
28 of lien to be supplied, at a charge not to exceed 50 percent
29 more than cost, to applicants for recording the liens or
30 satisfactions and shall keep a permanent record of such
31 notices of lien and satisfactions available for inspection by
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 the public at all reasonable times. The division is authorized
2 to furnish certified copies of such satisfactions for a fee of
3 $1, which certified copies shall be admissible in evidence in
4 all courts of this state under the same conditions and to the
5 same effect as certified copies of other public records.
6 Section 16. Subsection (4) of section 372.5717,
7 Florida Statutes, is amended to read:
8 372.5717 Hunter safety course; requirements;
9 penalty.--
10 (4) The commission shall issue a permanent hunter
11 safety certification card to each person who successfully
12 completes the hunter safety course. The commission shall
13 maintain permanent records of hunter safety certification
14 cards issued and shall establish procedures for replacing lost
15 or destroyed cards.
16 Section 17. Subsection (2) of section 560.121, Florida
17 Statutes, is amended to read:
18 560.121 Records; limited restrictions upon public
19 access.--
20 (2) Examination reports, investigatory records,
21 applications, and related information compiled by the
22 department, or photographic copies thereof, shall be retained
23 by the department for a period of at least 3 10 years from the
24 date that the examination or investigation ceases to be
25 active. Application records, and related information compiled
26 by the department, or photographic copies thereof, shall be
27 retained by the department for a period of at least 2 years
28 from the date that the registration ceases to be active.
29 Section 18. Subsection (6) of section 560.123, Florida
30 Statutes, is amended to read:
31 560.123 Florida control of money laundering in the
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 Money Transmitters' Code; reports of transactions involving
2 currency or monetary instruments; when required; purpose;
3 definitions; penalties; corpus delicti.--
4 (6) The department must retain a copy of all reports
5 received under subsection (5) for a minimum of 3 5 calendar
6 years after receipt of the report. However, if a report or
7 information contained in a report is known by the department
8 to be the subject of an existing criminal proceeding, the
9 report must be retained for a minimum of 10 calendar years
10 from the date of receipt.
11 Section 19. Subsection (5) of section 560.129, Florida
12 Statutes, is amended to read:
13 560.129 Confidentiality.--
14 (5) Examination reports, investigatory records,
15 applications, and related information compiled by the
16 department, or photographic copies thereof, shall be retained
17 by the department for a period of at least 3 10 years from the
18 date that the examination or investigation ceases to be
19 active. Application records, and related information compiled
20 by the department, or photographic copies thereof, shall be
21 retained by the department for a period of at least 2 years
22 from the date that the registration ceases to be active.
23 Section 20. Subsection (3) of section 624.311, Florida
24 Statutes, is amended to read:
25 624.311 Records; reproductions; destruction.--
26 (3) The department may photograph, microphotograph, or
27 reproduce on film, or maintain in an electronic recordkeeping
28 system whereby each page will be reproduced in exact
29 conformity with the original, all financial records, financial
30 statements of domestic insurers, reports of business
31 transacted in this state by foreign insurers and alien
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 insurers, reports of examination of domestic insurers, and
2 such other records and documents on file in its office as it
3 may in its discretion select.
4 Section 21. Subsection (1) of section 624.312, Florida
5 Statutes, is amended to read:
6 624.312 Reproductions and certified copies of records
7 as evidence.--
8 (1) Photographs or microphotographs in the form of
9 film or prints, or other reproductions from an electronic
10 recordkeeping system, of documents and records made under s.
11 624.311(3), or made under former s. 624.311(3) before October
12 1, 1982, shall have the same force and effect as the originals
13 thereof and shall be treated as originals for the purpose of
14 their admissibility in evidence. Duly certified or
15 authenticated reproductions of such photographs or
16 microphotographs or reproductions from an electronic
17 recordkeeping system shall be as admissible in evidence as the
18 originals.
19 Section 22. Subsection (2) of section 633.527, Florida
20 Statutes, is amended to read:
21 633.527 Records concerning applicant; extent of
22 confidentiality.--
23 (2) All examination test questions, answer sheets, and
24 grades shall be retained for a period of 2 5 years from the
25 date of the examination.
26 Section 23. Subsection (8) of section 655.50, Florida
27 Statutes, is amended to read:
28 655.50 Florida Control of Money Laundering in
29 Financial Institutions Act; reports of transactions involving
30 currency or monetary instruments; when required; purpose;
31 definitions; penalties.--
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 (8)(a) The department shall retain a copy of all
2 reports received under subsection (4) for a minimum of 5
3 calendar years after receipt of the report. However, if a
4 report or information contained in a report is known by the
5 department to be the subject of an existing criminal
6 proceeding, the report shall be retained for a minimum of 10
7 calendar years after receipt of the report.
8 (a)(b) Each financial institution shall maintain for a
9 minimum of 5 calendar years full and complete records of all
10 financial transactions, including all records required by 31
11 C.F.R. parts 103.33 and 103.34.
12 (b)(c) The financial institution shall retain a copy
13 of all reports filed with the department under subsection (4)
14 for a minimum of 5 calendar years after submission of the
15 report. However, if a report or information contained in a
16 report is known by the financial institution to be the subject
17 of an existing criminal proceeding, the report shall be
18 retainedfor a minimum of 10 calendar years after submission of
19 the report.
20 (c)(d) The financial institution shall retain a copy
21 of all records of exemption for each designation of exempt
22 person made pursuant to subsection (6) for a minimum of 5
23 calendar years after termination of exempt status of such
24 customer. However, if it is known by the financial institution
25 that the customer or the transactions of the customer are the
26 subject of an existing criminal proceeding, the records shall
27 be retained for a minimum of 10 calendar years after
28 termination of exempt status of such customer.
29 Section 24. Section 945.25, Florida Statutes, is
30 amended to read:
31 945.25 Records.--
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 (1) It shall be the duty of the Department of
2 Corrections to obtain and place in its permanent records
3 information as complete as practicable may be practicably
4 available on every person who may be sentenced to supervision
5 or incarceration under the jurisdiction of the department
6 become subject to parole. Such information shall be obtained
7 as soon as possible after imposition of sentence and shall, in
8 the discretion of the department, include, among other things:
9 (a) A copy of the indictment or information and a
10 complete statement of the facts of the crime for which such
11 person has been sentenced.
12 (b) The court in which the person was sentenced.
13 (c) The terms of the sentence.
14 (d) The name of the presiding judge, the prosecuting
15 officers, the investigating officers, and the attorneys for
16 the person convicted.
17 (e) A copy of all probation reports which may have
18 been made.
19 (f) Any social, physical, mental, psychiatric, or
20 criminal record of such person.
21 (2) The department, in its discretion, shall also
22 obtain and place in its permanent records such information on
23 every person who may be placed on probation, and on every
24 person who may become subject to pardon and commutation of
25 sentence.
26 (2)(3) It shall be the duty of the court and its
27 prosecuting officials to furnish to the department upon its
28 request such information and also to furnish such copies of
29 such minutes and other records as may be in their possession
30 or under their control.
31 (3)(4) Following the initial hearing provided for in
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 s. 947.172(1), the commission shall prepare and the department
2 shall include in the official record a copy of the
3 seriousness-of-offense and favorable-parole-outcome scores and
4 shall include a listing of the specific factors and
5 information used in establishing a presumptive parole release
6 date for the inmate.
7 Section 25. Paragraph (e) of subsection (4) of section
8 985.31, Florida Statutes, is amended to read:
9 985.31 Serious or habitual juvenile offender.--
10 (4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
11 (e) The results of any serologic blood or urine test
12 on a serious or habitual juvenile offender shall become a part
13 of that child's permanent medical file. Upon transfer of the
14 child to any other designated treatment facility, such file
15 shall be transferred in an envelope marked confidential. The
16 results of any test designed to identify the human
17 immunodeficiency virus, or its antigen or antibody, shall be
18 accessible only to persons designated by rule of the
19 department. The provisions of such rule shall be consistent
20 with the guidelines established by the Centers for Disease
21 Control and Prevention.
22 Section 26. Paragraph (d) of subsection (6) of section
23 212.095, Florida Statutes, is repealed.
24 Section 27. Subsection (9) of section 238.03, Florida
25 Statutes, is repealed.
26 Section 28. Section 591.34, Florida Statutes, is
27 repealed.
28 Section 29. Paragraph (a) of subsection (5) of section
29 15.09, Florida Statutes, is amended to read:
30 15.09 Fees.--
31 (5)(a) There is created within the Department of State
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 a Public Access Data Systems Trust Fund, which shall be used
2 by the department to purchase information systems and
3 equipment that provide greater public accessibility to the
4 information and records maintained by it. Notwithstanding any
5 other provision of law, the Divisions of Licensing, Elections,
6 and Corporations of the department shall transfer each fiscal
7 year to the Public Access Data Systems Trust Fund from their
8 respective trust funds:
9 1. An amount equal to 2 percent of all revenues
10 received for the processing of documents, filings, or
11 information requests.
12 2. All public access network revenues collected
13 pursuant to s. 15.16 or s. 119.01(3)(f) 119.085.
14 Section 30. Paragraph (f) of subsection (1) of section
15 23.22, Florida Statutes, is amended to read:
16 23.22 Paperwork reduction; activities of
17 departments.--
18 (1) In order to reduce the amount of paperwork
19 associated with the collection of information from
20 individuals, private-sector organizations, and local
21 governments and to provide more efficient and effective
22 assistance to such individuals and organizations in completing
23 necessary paperwork required by the government, each
24 department head shall, to the extent feasible:
25 (f) Collaborate with the Division of Library and
26 Information Services, pursuant to s. 119.021(3)(d) 119.09, to
27 identify and index records retention requirements placed on
28 private-sector organizations and local governments in Florida,
29 clarify and reduce the requirements, and educate the affected
30 entities through various communications media, including
31 voice, data, video, radio, and image.
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 Section 31. Subsection (2) of section 27.151, Florida
2 Statutes, is amended to read:
3 27.151 Confidentiality of specified executive orders;
4 criteria.--
5 (2) The Governor shall consider the purposes specified
6 in s. 119.15 and shall consider the provisions of s. 24, Art.
7 I of the State Constitution The Governor shall base his or her
8 decision to make an executive order confidential on the
9 criteria set forth in s. 119.14.
10 Section 32. Paragraph (d) of subsection (1) of section
11 101.5607, Florida Statutes, is amended to read:
12 101.5607 Department of State to maintain voting system
13 information; prepare software.--
14 (1)
15 (d) Section 119.07(6)(o) 119.07(3)(o) applies to all
16 software on file with the Department of State.
17 Section 33. Paragraph (b) of subsection (2) of section
18 112.533, Florida Statutes, is amended to read:
19 112.533 Receipt and processing of complaints.--
20 (2)
21 (b) This subsection does not apply to any public
22 record which is exempt from public disclosure pursuant to s.
23 119.07(6) 119.07(3). For the purposes of this subsection, an
24 investigation shall be considered active as long as it is
25 continuing with a reasonable, good faith anticipation that an
26 administrative finding will be made in the foreseeable future.
27 An investigation shall be presumed to be inactive if no
28 finding is made within 45 days after the complaint is filed.
29 Section 34. Paragraph (e) of subsection (2) of section
30 231.29, Florida Statutes, is amended to read:
31 231.291 Personnel files.--Public school system
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 employee personnel files shall be maintained according to the
2 following provisions:
3 (2)
4 (e) Upon request, an employee, or any person
5 designated in writing by the employee, shall be permitted to
6 examine the personnel file of such employee. The employee
7 shall be permitted conveniently to reproduce any materials in
8 the file, at a cost no greater than the fees prescribed in s.
9 119.07(4) 119.07(1).
10 Section 35. Subsection (1) of section 257.34, Florida
11 Statutes, is amended to read:
12 257.34 Florida International Archive and Repository.--
13 (1) There is created within the Division of Library
14 and Information Services of the Department of State the
15 Florida International Archive and Repository for the
16 preservation of those public records, as defined in s.
17 119.011(11) 119.011(1), manuscripts, international judgments
18 involving disputes between domestic and foreign businesses,
19 and all other public matters that the department or the
20 Florida Council of International Development deems relevant to
21 international issues. It is the duty and responsibility of the
22 division to:
23 (a) Organize and administer the Florida International
24 Archive and Repository.
25 (b) Preserve and administer records that are
26 transferred to its custody; accept, arrange, and preserve
27 them, according to approved archival and repository practices;
28 and permit them, at reasonable times and under the supervision
29 of the division, to be inspected, examined, and copied. All
30 public records transferred to the custody of the division are
31 subject to the provisions of s. 119.07(1).
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Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 (c) Assist the records and information management
2 program in the determination of retention values for records.
3 (d) Cooperate with and assist, insofar as practicable,
4 state institutions, departments, agencies, counties,
5 municipalities, and individuals engaged in internationally
6 related activities.
7 (e) Provide a public research room where, under rules
8 established by the division, the materials in the
9 international archive and repository may be studied.
10 (f) Conduct, promote, and encourage research in
11 international trade, government, and culture and maintain a
12 program of information, assistance, coordination, and guidance
13 for public officials, educational institutions, libraries, the
14 scholarly community, and the general public engaged in such
15 research.
16 (g) Cooperate with and, insofar as practicable, assist
17 agencies, libraries, institutions, and individuals in projects
18 concerned with internationally related issues and preserve
19 original materials relating to internationally related issues.
20 (h) Assist and cooperate with the records and
21 information management program in the training and information
22 program described in s. 257.36(1)(g).
23 Section 36. Subsection (1) of section 257.35, Florida
24 Statutes, is amended to read:
25 257.35 Florida State Archives.--
26 (1) There is created within the Division of Library
27 and Information Services of the Department of State the
28 Florida State Archives for the preservation of those public
29 records, as defined in s. 119.011(11) 119.011(1), manuscripts,
30 and other archival material that have been determined by the
31 division to have sufficient historical or other value to
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 warrant their continued preservation and have been accepted by
2 the division for deposit in its custody. It is the duty and
3 responsibility of the division to:
4 (a) Organize and administer the Florida State
5 Archives.
6 (b) Preserve and administer such records as shall be
7 transferred to its custody; accept, arrange, and preserve
8 them, according to approved archival practices; and permit
9 them, at reasonable times and under the supervision of the
10 division, to be inspected, examined, and copied. All public
11 records transferred to the custody of the division shall be
12 subject to the provisions of s. 119.07(1), except that any
13 public record or other record provided by law to be
14 confidential or prohibited from inspection by the public shall
15 be made accessible only after a period of 50 years from the
16 date of the creation of the record. Any nonpublic manuscript
17 or other archival material which is placed in the keeping of
18 the division under special terms and conditions, shall be made
19 accessible only in accordance with such law terms and
20 conditions and shall be exempt from the provisions of s.
21 119.07(1) to the extent necessary to meet the terms and
22 conditions for a nonpublic manuscript or other archival
23 material.
24 (c) Assist the records and information management
25 program in the determination of retention values for records.
26 (d) Cooperate with and assist insofar as practicable
27 state institutions, departments, agencies, counties,
28 municipalities, and individuals engaged in activities in the
29 field of state archives, manuscripts, and history and accept
30 from any person any paper, book, record, or similar material
31 which in the judgment of the division warrants preservation in
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Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 the state archives.
2 (e) Provide a public research room where, under rules
3 established by the division, the materials in the state
4 archives may be studied.
5 (f) Conduct, promote, and encourage research in
6 Florida history, government, and culture and maintain a
7 program of information, assistance, coordination, and guidance
8 for public officials, educational institutions, libraries, the
9 scholarly community, and the general public engaged in such
10 research.
11 (g) Cooperate with and, insofar as practicable, assist
12 agencies, libraries, institutions, and individuals in projects
13 designed to preserve original source materials relating to
14 Florida history, government, and culture and prepare and
15 publish handbooks, guides, indexes, and other literature
16 directed toward encouraging the preservation and use of the
17 state's documentary resources.
18 (h) Encourage and initiate efforts to preserve,
19 collect, process, transcribe, index, and research the oral
20 history of Florida government.
21 (i) Assist and cooperate with the records and
22 information management program in the training and information
23 program described in s. 257.36(1)(g).
24 Section 37. Section 282.21, Florida Statutes, is
25 amended to read:
26 282.21 The State Technology Office's electronic access
27 services.--The State Technology Office may collect fees for
28 providing remote electronic access pursuant to s. 119.01(3)(f)
29 119.085. The fees may be imposed on individual transactions or
30 as a fixed subscription for a designated period of time. All
31 fees collected under this section shall be deposited in the
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 appropriate trust fund of the program or activity that made
2 the remote electronic access available.
3 Section 38. Paragraph (h) of subsection (2) of section
4 287.0943, Florida Statutes, is amended to read:
5 287.0943 Certification of minority business
6 enterprises.--
7 (2)
8 (h) The certification procedures should allow an
9 applicant seeking certification to designate on the
10 application form the information the applicant considers to be
11 proprietary, confidential business information. As used in
12 this paragraph, "proprietary, confidential business
13 information" includes, but is not limited to, any information
14 that would be exempt from public inspection pursuant to the
15 provisions of s. 119.07(6) 119.07(3); trade secrets; internal
16 auditing controls and reports; contract costs; or other
17 information the disclosure of which would injure the affected
18 party in the marketplace or otherwise violate s. 286.041. The
19 executor in receipt of the application shall issue written and
20 final notice of any information for which noninspection is
21 requested but not provided for by law.
22 Section 39. Subsection (1) of section 320.05, Florida
23 Statutes, is amended to read:
24 320.05 Records of the department; inspection
25 procedure; lists and searches; fees.--
26 (1) Except as provided in s. 119.07(6) 119.07(3), the
27 department may release records as provided in this section.
28 Section 40. Subsection (8) of section 322.20, Florida
29 Statutes, is amended to read:
30 322.20 Records of the department; fees; destruction of
31 records.--
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 (8) Except as provided in s. 119.07(6) 119.07(3), the
2 department may release records as provided in this section.
3 Section 41. Paragraph (b) of subsection (2) of section
4 338.223, Florida Statutes, is amended to read:
5 338.223 Proposed turnpike projects.--
6 (2)
7 (b) In accordance with the legislative intent
8 expressed in s. 337.273, and after the requirements of
9 paragraph (1)(c) have been met, the department may acquire
10 lands and property before making a final determination of the
11 economic feasibility of a project. The requirements of
12 paragraph (1)(c) do not apply to hardship and protective
13 purchases of advance right-of-way by the department. The cost
14 of advance acquisition of right-of-way may be paid from bonds
15 issued under s. 337.276 or from turnpike revenues. For
16 purposes of this paragraph, the term "hardship purchase" means
17 purchase from a property owner of a residential dwelling of
18 not more than four units who is at a disadvantage due to
19 health impairment, job loss, or significant loss of rental
20 income. For purposes of this paragraph, the term "protective
21 purchase" means that a purchase to limit development,
22 building, or other intensification of land uses within the
23 area right-of-way is needed for transportation facilities. The
24 department shall give written notice to the Department of
25 Environmental Protection 30 days before final agency
26 acceptance as set forth in s. 119.07(6)(n) 119.07(3)(n), which
27 notice shall allow the Department of Environmental Protection
28 to comment. Hardship and protective purchases of right-of-way
29 shall not influence the environmental feasibility of a
30 project, including the decision relative to the need to
31 construct the project or the selection of a specific location.
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 Costs to acquire and dispose of property acquired as hardship
2 and protective purchases are considered costs of doing
3 business for the department and are not to be considered in
4 the determination of environmental feasibility for the
5 project.
6 Section 42. Paragraph (a) of subsection (1) of section
7 378.406, Florida Statutes, is amended to read:
8 378.406 Confidentiality of records; availability of
9 information.--
10 (1)(a) Any information relating to prospecting, rock
11 grades, or secret processes or methods of operation which may
12 be required, ascertained, or discovered by inspection or
13 investigation shall be exempt from the provisions of s.
14 119.07(1), shall not be disclosed in public hearings, and
15 shall be kept confidential by any member, officer, or employee
16 of the department, if the applicant requests the department to
17 keep such information confidential and informs the department
18 of the basis for such confidentiality. Should the secretary
19 determine that such information requested to be kept
20 confidential shall not be kept confidential, the secretary
21 shall provide the operator with not less than 30 days' notice
22 of his or her intent to release the information. When making
23 his or her determination, the secretary shall consider the
24 public purposes specified in s. 119.15 119.14(4)(b).
25 Section 43. Paragraph (c) of subsection (5) of section
26 399.02, Florida Statutes, is amended to read:
27 399.02 General requirements.--
28 (5)
29 (c) The elevator owner shall report to the department
30 60 days before the expiration of the certificate of operation
31 whether there exists a service maintenance contract, with whom
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 the contract exists, and the details concerning the provisions
2 and implementation of the contract which the department
3 requires. The department shall keep the names of companies
4 with whom the contract exists confidential pursuant to the
5 public records exemption provided in s. 119.14(4)(b)3. This
6 annual contract report must be made on forms supplied by the
7 department. The elevator owner must report any material
8 change in the service maintenance contract no fewer than 30
9 days before the effective date of the change. The department
10 shall determine whether the provisions of the service
11 maintenance contract and its implementation ensure the safe
12 operation of the elevator.
13 Section 44. Paragraph (c) of subsection (1) of section
14 400.0077, Florida Statutes, is amended to read:
15 400.0077 Confidentiality.--
16 (1) The following are confidential and exempt from the
17 provisions of s. 119.07(1):
18 (c) Any other information about a complaint, including
19 any problem identified by an ombudsman council as a result of
20 an investigation, unless an ombudsman council determines that
21 the information does not meet any of the criteria specified in
22 s.119.15(4)(b) 119.14(4)(b); or unless the information is to
23 collect data for submission to those entities specified in s.
24 712(c) of the federal Older Americans Act for the purpose of
25 identifying and resolving significant problems.
26 Section 45. Subsection (5) of section 401.27, Florida
27 Statutes, is amended to read:
28 401.27 Personnel; standards and certification.--
29 (5) The certification examination must be offered
30 monthly. The department shall issue an examination admission
31 notice to the applicant advising him or her of the time and
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 place of the examination for which he or she is scheduled.
2 Individuals achieving a passing score on the certification
3 examination may be issued a temporary certificate with their
4 examination grade report. The department must issue an
5 original certification within 45 days after the examination.
6 Examination questions and answers are not subject to discovery
7 but may be introduced into evidence and considered only in
8 camera in any administrative proceeding under chapter 120. If
9 an administrative hearing is held, the department shall
10 provide challenged examination questions and answers to the
11 administrative law judge. The department shall establish by
12 rule the procedure by which an applicant, and the applicant's
13 attorney, may review examination questions and answers in
14 accordance with s. 119.07(6)(a) 119.07(3)(a).
15 Section 46. Subsection (1) of section 403.111, Florida
16 Statutes, is amended to read:
17 403.111 Confidential records.--
18 (1) Any information, other than effluent data and
19 those records described in 42 U.S.C. s. 7661a(b)(8), relating
20 to secret processes or secret methods of manufacture or
21 production, or relating to costs of production, profits, or
22 other financial information which is otherwise not public
23 record, which may be required, ascertained, or discovered by
24 inspection or investigation shall be exempt from the
25 provisions of s. 119.07(1), shall not be disclosed in public
26 hearings, and shall be kept confidential by any member,
27 officer, or employee of the department, upon a showing
28 satisfactory to the department that the information should be
29 kept confidential. The person from whom the information is
30 obtained must request that the department keep such
31 information confidential and must inform the department of the
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Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 basis for the claim of confidentiality. The department shall,
2 subject to notice and opportunity for hearing, determine
3 whether the information requested to be kept confidential
4 should or should not be kept confidential. The department
5 shall determine whether the information submitted should be
6 kept confidential pursuant to the public purpose test as
7 stated in s. 119.15(4)(b)3. 119.14(4)(b)3.
8 Section 47. Section 409.2577, Florida Statutes, is
9 amended to read:
10 409.2577 Parent locator service.--The department shall
11 establish a parent locator service to assist in locating
12 parents who have deserted their children and other persons
13 liable for support of dependent children. The department
14 shall use all sources of information available, including the
15 Federal Parent Locator Service, and may request and shall
16 receive information from the records of any person or the
17 state or any of its political subdivisions or any officer
18 thereof. Any agency as defined in s. 120.52, any political
19 subdivision, and any other person shall, upon request, provide
20 the department any information relating to location, salary,
21 insurance, social security, income tax, and employment history
22 necessary to locate parents who owe or potentially owe a duty
23 of support pursuant to Title IV-D of the Social Security Act.
24 This provision shall expressly take precedence over any other
25 statutory nondisclosure provision which limits the ability of
26 an agency to disclose such information, except that law
27 enforcement information as provided in s. 119.07(6)(i)
28 119.07(3)(i) is not required to be disclosed, and except that
29 confidential taxpayer information possessed by the Department
30 of Revenue shall be disclosed only to the extent authorized in
31 s. 213.053(15). Nothing in this section requires the
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Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 disclosure of information if such disclosure is prohibited by
2 federal law. Information gathered or used by the parent
3 locator service is confidential and exempt from the provisions
4 of s. 119.07(1). Additionally, the department is authorized to
5 collect any additional information directly bearing on the
6 identity and whereabouts of a person owing or asserted to be
7 owing an obligation of support for a dependent child. The
8 department shall, upon request, make information available
9 only to public officials and agencies of this state; political
10 subdivisions of this state, including any agency thereof
11 providing child support enforcement services to non-Title IV-D
12 clients; the custodial parent, legal guardian, attorney, or
13 agent of the child; and other states seeking to locate parents
14 who have deserted their children and other persons liable for
15 support of dependents, for the sole purpose of establishing,
16 modifying, or enforcing their liability for support, and shall
17 make such information available to the Department of Children
18 and Family Services for the purpose of diligent search
19 activities pursuant to chapter 39. If the department has
20 reasonable evidence of domestic violence or child abuse and
21 the disclosure of information could be harmful to the
22 custodial parent or the child of such parent, the child
23 support program director or designee shall notify the
24 Department of Children and Family Services and the Secretary
25 of the United States Department of Health and Human Services
26 of this evidence. Such evidence is sufficient grounds for the
27 department to disapprove an application for location services.
28 Section 48. Subsection (6) of section 455.219, Florida
29 Statutes, is amended to read:
30 455.219 Fees; receipts; disposition; periodic
31 management reports.--
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 (6) The department or the appropriate board shall
2 charge a fee not to exceed $25 for the certification of a
3 public record. The fee shall be determined by rule of the
4 department. The department or the appropriate board shall
5 assess a fee for duplication of a public record as provided in
6 s. 119.07(4) 119.07(1)(a) and (b).
7 Section 49. Subsection (11) of section 456.025,
8 Florida Statutes, is amended to read:
9 456.025 Fees; receipts; disposition.--
10 (11) The department or the appropriate board shall
11 charge a fee not to exceed $25 for the certification of a
12 public record. The fee shall be determined by rule of the
13 department. The department or the appropriate board shall
14 assess a fee for duplicating a public record as provided in s.
15 119.07(4) 119.07(1)(a) and (b).
16 Section 50. Paragraph (l) of subsection (3) of section
17 627.311, Florida Statutes, is amended to read:
18 627.311 Joint underwriters and joint reinsurers.--
19 (3) The department may, after consultation with
20 insurers licensed to write automobile insurance in this state,
21 approve a joint underwriting plan for purposes of equitable
22 apportionment or sharing among insurers of automobile
23 liability insurance and other motor vehicle insurance, as an
24 alternate to the plan required in s. 627.351(1). All insurers
25 authorized to write automobile insurance in this state shall
26 subscribe to the plan and participate therein. The plan shall
27 be subject to continuous review by the department which may at
28 any time disapprove the entire plan or any part thereof if it
29 determines that conditions have changed since prior approval
30 and that in view of the purposes of the plan changes are
31 warranted. Any disapproval by the department shall be subject
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 to the provisions of chapter 120. If adopted, the plan and
2 the association created under the plan:
3 (l)1. Shall be subject to the public records
4 requirements of chapter 119 and the public meeting
5 requirements of s. 286.011. However, the following records of
6 the Florida Automobile Joint Underwriting Association are
7 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
8 of the State Constitution:
9 a. Underwriting files, except that a policyholder or
10 an applicant shall have access to his or her own underwriting
11 files.
12 b. Claims files, until termination of all litigation
13 and settlement of all claims arising out of the same incident,
14 although portions of the claims files may remain exempt, as
15 otherwise provided by law. Confidential and exempt claims file
16 records may be released to other governmental agencies upon
17 written request and demonstration of need; such records held
18 by the receiving agency remain confidential and exempt as
19 provided by this paragraph.
20 c. Records obtained or generated by an internal
21 auditor pursuant to a routine audit, until the audit is
22 completed or, if the audit is conducted as part of an
23 investigation, until the investigation is closed or ceases to
24 be active. An investigation is considered "active" while the
25 investigation is being conducted with a reasonable, good faith
26 belief that it could lead to the filing of administrative,
27 civil, or criminal proceedings.
28 d. Matters reasonably encompassed in privileged
29 attorney-client communications.
30 e. Proprietary information licensed to the association
31 under contract when the contract provides for the
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 confidentiality of such proprietary information.
2 f. All information relating to the medical condition
3 or medical status of an association employee which is not
4 relevant to the employee's capacity to perform his or her
5 duties, except as otherwise provided in this paragraph.
6 Information which is exempt shall include, but is not limited
7 to, information relating to workers' compensation, insurance
8 benefits, and retirement or disability benefits.
9 g. All records relative to an employee's participation
10 in an employee assistance program designed to assist any
11 employee who has a behavioral or medical disorder, substance
12 abuse problem, or emotional difficulty which affects the
13 employee's job performance, except as otherwise provided in s.
14 112.0455(11).
15 h. Information relating to negotiations for financing,
16 reinsurance, depopulation, or contractual services, until the
17 conclusion of the negotiations.
18 i. Minutes of closed meetings regarding underwriting
19 files, and minutes of closed meetings regarding an open claims
20 file until termination of all litigation and settlement of all
21 claims with regard to that claim, except that information
22 otherwise confidential or exempt by law must be redacted.
23
24 When an authorized insurer is considering underwriting a risk
25 insured by the association, relevant underwriting files and
26 confidential claims files may be released to the insurer
27 provided the insurer agrees in writing, notarized and under
28 oath, to maintain the confidentiality of such files. When a
29 file is transferred to an insurer, that file is no longer a
30 public record because it is not held by an agency subject to
31 the provisions of the public records law. The association may
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 make the following information obtained from underwriting
2 files and confidential claims files available to licensed
3 general lines insurance agents: name, address, and telephone
4 number of the automobile owner or insured; location of the
5 risk; rating information; loss history; and policy type. The
6 receiving licensed general lines insurance agent must retain
7 the confidentiality of the information received.
8 2. Portions of meetings of the Florida Automobile
9 Joint Underwriting Association during which confidential
10 underwriting files or confidential open claims files are
11 discussed are exempt from the provisions of s. 286.011 and s.
12 24(b), Art. I of the State Constitution. All portions of
13 association meetings which are closed to the public shall be
14 recorded by a court reporter. The court reporter shall record
15 the times of commencement and termination of the meeting, all
16 discussion and proceedings, the names of all persons present
17 at any time, and the names of all persons speaking. No
18 portion of any closed meeting shall be off the record.
19 Subject to the provisions of this paragraph and s.
20 119.07(1)(b)-(d) 119.07(2)(a), the court reporter's notes of
21 any closed meeting shall be retained by the association for a
22 minimum of 5 years. A copy of the transcript, less any exempt
23 matters, of any closed meeting during which claims are
24 discussed shall become public as to individual claims after
25 settlement of the claim.
26
27 This paragraph is subject to the Open Government Sunset Review
28 Act of 1995 in accordance with s. 119.15, and shall stand
29 repealed on October 2, 2003, unless reviewed and saved from
30 repeal through reenactment by the Legislature.
31 Section 51. Paragraph (n) of subsection (6) of section
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 627.351, Florida Statutes, is amended to read:
2 627.351 Insurance risk apportionment plans.--
3 (6) RESIDENTIAL PROPERTY AND CASUALTY JOINT
4 UNDERWRITING ASSOCIATION.--
5 (n)1. The following records of the Residential
6 Property and Casualty Joint Underwriting Association are
7 confidential and exempt from the provisions of s. 119.07(1)
8 and s. 24(a), Art. I of the State Constitution:
9 a. Underwriting files, except that a policyholder or
10 an applicant shall have access to his or her own underwriting
11 files.
12 b. Claims files, until termination of all litigation
13 and settlement of all claims arising out of the same incident,
14 although portions of the claims files may remain exempt, as
15 otherwise provided by law. Confidential and exempt claims file
16 records may be released to other governmental agencies upon
17 written request and demonstration of need; such records held
18 by the receiving agency remain confidential and exempt as
19 provided for herein.
20 c. Records obtained or generated by an internal
21 auditor pursuant to a routine audit, until the audit is
22 completed, or if the audit is conducted as part of an
23 investigation, until the investigation is closed or ceases to
24 be active. An investigation is considered "active" while the
25 investigation is being conducted with a reasonable, good faith
26 belief that it could lead to the filing of administrative,
27 civil, or criminal proceedings.
28 d. Matters reasonably encompassed in privileged
29 attorney-client communications.
30 e. Proprietary information licensed to the association
31 under contract and the contract provides for the
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 confidentiality of such proprietary information.
2 f. All information relating to the medical condition
3 or medical status of an association employee which is not
4 relevant to the employee's capacity to perform his or her
5 duties, except as otherwise provided in this paragraph.
6 Information which is exempt shall include, but is not limited
7 to, information relating to workers' compensation, insurance
8 benefits, and retirement or disability benefits.
9 g. Upon an employee's entrance into the employee
10 assistance program, a program to assist any employee who has a
11 behavioral or medical disorder, substance abuse problem, or
12 emotional difficulty which affects the employee's job
13 performance, all records relative to that participation shall
14 be confidential and exempt from the provisions of s. 119.07(1)
15 and s. 24(a), Art. I of the State Constitution, except as
16 otherwise provided in s. 112.0455(11).
17 h. Information relating to negotiations for financing,
18 reinsurance, depopulation, or contractual services, until the
19 conclusion of the negotiations.
20 i. Minutes of closed meetings regarding underwriting
21 files, and minutes of closed meetings regarding an open claims
22 file until termination of all litigation and settlement of all
23 claims with regard to that claim, except that information
24 otherwise confidential or exempt by law will be redacted.
25
26 When an authorized insurer is considering underwriting a risk
27 insured by the association, relevant underwriting files and
28 confidential claims files may be released to the insurer
29 provided the insurer agrees in writing, notarized and under
30 oath, to maintain the confidentiality of such files. When a
31 file is transferred to an insurer that file is no longer a
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 public record because it is not held by an agency subject to
2 the provisions of the public records law. Underwriting files
3 and confidential claims files may also be released to staff of
4 and the board of governors of the market assistance plan
5 established pursuant to s. 627.3515, who must retain the
6 confidentiality of such files, except such files may be
7 released to authorized insurers that are considering assuming
8 the risks to which the files apply, provided the insurer
9 agrees in writing, notarized and under oath, to maintain the
10 confidentiality of such files. Finally, the association or
11 the board or staff of the market assistance plan may make the
12 following information obtained from underwriting files and
13 confidential claims files available to licensed general lines
14 insurance agents: name, address, and telephone number of the
15 residential property owner or insured; location of the risk;
16 rating information; loss history; and policy type. The
17 receiving licensed general lines insurance agent must retain
18 the confidentiality of the information received.
19 2. Portions of meetings of the Residential Property
20 and Casualty Joint Underwriting Association are exempt from
21 the provisions of s. 286.011 and s. 24(b), Art. I of the State
22 Constitution wherein confidential underwriting files or
23 confidential open claims files are discussed. All portions of
24 association meetings which are closed to the public shall be
25 recorded by a court reporter. The court reporter shall record
26 the times of commencement and termination of the meeting, all
27 discussion and proceedings, the names of all persons present
28 at any time, and the names of all persons speaking. No
29 portion of any closed meeting shall be off the record.
30 Subject to the provisions hereof and s. 119.07(1)(b)-(d)
31 119.07(2)(a), the court reporter's notes of any closed meeting
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 shall be retained by the association for a minimum of 5 years.
2 A copy of the transcript, less any exempt matters, of any
3 closed meeting wherein claims are discussed shall become
4 public as to individual claims after settlement of the claim.
5 Section 52. Subsection (1) of section 633.527, Florida
6 Statutes, is amended to read:
7 633.527 Records concerning applicant; extent of
8 confidentiality.--
9 (1) Test material is made confidential by s.
10 119.07(6)(a) 119.07(3)(a). An applicant may waive in writing
11 the confidentiality of his or her examination answer sheet for
12 the purpose of discussion with the State Fire Marshal or his
13 or her staff.
14 Section 53. Section 655.0321, Florida Statutes, is
15 amended to read:
16 655.0321 Restricted access to certain hearings,
17 proceedings, and related documents.--The department shall
18 consider the public purposes specified in s. 119.15(4)(b)
19 119.14(4)(b) and the provisions of s. 24, Art. I of the State
20 Constitution in determining whether the hearings and
21 proceedings conducted pursuant to s. 655.033 for the issuance
22 of cease and desist orders and s. 655.037 for the issuance of
23 suspension or removal orders shall be closed and exempt from
24 the provisions of s. 286.011, and whether related documents
25 shall be confidential and exempt from the provisions of s.
26 119.07(1).
27 Section 54. Paragraph (m) of subsection (2) of section
28 668.50, Florida Statutes, is amended to read:
29 668.50 Uniform Electronic Transaction Act.--
30 (2) DEFINITIONS.--As used in this section:
31 (m) "Record" means information that is inscribed on a
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 tangible medium or that is stored in an electronic or other
2 medium and is retrievable in perceivable form, including
3 public records as defined in s. 119.011(11) 119.011(1).
4 Section 55. Subsection (1) of section 794.024, Florida
5 Statutes, is amended to read:
6 794.024 Unlawful to disclose identifying
7 information.--
8 (1) A public employee or officer who has access to the
9 photograph, name, or address of a person who is alleged to be
10 the victim of an offense described in this chapter, chapter
11 800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and
12 knowingly disclose it to a person who is not assisting in the
13 investigation or prosecution of the alleged offense or to any
14 person other than the defendant, the defendant's attorney, or
15 a person specified in an order entered by the court having
16 jurisdiction of the alleged offense, or to organizations
17 authorized to receive such information pursuant to s.
18 119.07(6)(f) 119.07(3)(f).
19 Section 56. For the purpose of incorporating the
20 amendments to section 945.25, Florida Statutes, in a reference
21 thereto, paragraph (a) of subsection (2) of section 947.13,
22 Florida Statutes, is reenacted to read:
23 947.13 Powers and duties of commission.--
24 (2)(a) The commission shall immediately examine
25 records of the department under s. 945.25, and any other
26 records which it obtains, and may make such other
27 investigations as may be necessary.
28 Section 57. This act shall take effect July 1, 2002.
29
30
31
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page ,
4 remove:
5
6 and insert:
7 An act relating to public records; amending s.
8 18.20, F.S.; removing photographic film
9 reproductions of specified vouchers or checks
10 paid by the State Treasurer and preserved as
11 records of the office of the Treasurer from
12 classification as permanent records; amending
13 s. 119.01, F.S.; establishing state policy with
14 respect to public records; requiring that
15 governmental agencies provide data in a common
16 format; requiring governmental agencies to
17 consider certain factors in designing or
18 acquiring electronic recordkeeping systems;
19 providing certain restrictions with respect to
20 electronic recordkeeping systems and
21 proprietary software; requiring governmental
22 agencies to provide copies of public records
23 stored in electronic recordkeeping systems;
24 specifying circumstances under which the
25 financial, business, and membership records of
26 an organization are public records; amending s.
27 119.011, F.S.; providing definitions; repealing
28 ss. 119.0115, 119.012, 119.02, F.S., relating
29 to videotapes and video signals, records made
30 public by use of public funds, and penalties;
31 amending s. 119.021, F.S.; providing
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 requirements for governmental agencies in
2 maintaining and preserving public records;
3 requiring the Division of Library and
4 Information Services of the Department of State
5 to adopt rules for retaining and disposing of
6 public records; authorizing the division to
7 provide for archiving certain noncurrent
8 records; providing for the destruction of
9 certain records and the continued maintenance
10 of certain records; providing for the
11 disposition of records at the end of an
12 official's term of office; requiring that a
13 custodian of public records demand delivery of
14 records held unlawfully; repealing ss. 119.031,
15 119.041, 119.05, 119.06, F.S., relating to the
16 retention and disposal of public records and
17 the delivery of records held unlawfully;
18 amending s. 119.07, F.S.; revising provisions
19 governing the inspection and copying of public
20 records; establishing fees for copying;
21 providing requirements for making photographs;
22 authorizing additional means of copying;
23 repealing ss. 119.08, 119.083, F.S., relating
24 to requirements for making photographs of
25 public records and the licensing and sale of
26 copyrighted data-processing software; amending
27 s. 119.084, F.S.; deleting certain provisions
28 governing the maintenance of public records in
29 an electronic recordkeeping system; repealing
30 ss. 119.085, 119.09, F.S., relating to remote
31 electronic access to public records and the
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 program for records and information management
2 of the Department of State; amending s. 119.10,
3 F.S.; clarifying provisions with respect to
4 penalties for a violation of ch. 119, F.S.;
5 amending s. 119.105, F.S.; clarifying
6 provisions under which certain police reports
7 may be exempt from the public records law;
8 amending s. 120.55, F.S.; revising language
9 with respect to publication of the Florida
10 Administrative Code to provide that the
11 Department of State is required to compile and
12 publish the code through a continuous revision
13 system; amending s. 257.36, F.S.; providing
14 procedure with respect to official custody of
15 records upon transfer of duties or
16 responsibilities between state agencies or
17 dissolution of a state agency; amending s.
18 328.15, F.S.; revising the classification of
19 records of notices and satisfaction of liens on
20 vessels maintained by the Department of Highway
21 Safety and Motor Vehicles; amending s.
22 372.5717, F.S.; revising the classification of
23 records of hunter safety certification cards
24 maintained by the Fish and Wildlife
25 Conservation Commission; amending s. 560.121,
26 F.S.; decreasing and qualifying the period of
27 retention for examination reports,
28 investigatory records, applications,
29 application records, and related information
30 compiled by the Department of Banking and
31 Finance under the Money Transmitters' Code;
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 amending s. 560.123, F.S.; decreasing the
2 period of retention for specified reports filed
3 by money transmitters with the Department of
4 Banking and Finance under the Money
5 Transmitters' Code; amending s. 560.129, F.S.;
6 decreasing and qualifying the period of
7 retention for examination reports,
8 investigatory records, applications,
9 application records, and related information
10 compiled by the Department of Banking and
11 Finance under the Money Transmitters' Code;
12 amending s. 624.311, F.S.; authorizing the
13 Department of Insurance to maintain an
14 electronic recordkeeping system for specified
15 records, statements, reports, and documents;
16 eliminating a standard for the reproduction of
17 such records, statements, reports, and
18 documents; amending s. 624.312, F.S.; providing
19 that reproductions from an electronic
20 recordkeeping system of specified documents and
21 records of the Department of Insurance shall be
22 treated as originals for the purpose of their
23 admissibility in evidence; amending s. 633.527,
24 F.S.; decreasing the period of retention for
25 specified examination test questions, answer
26 sheets, and grades in the possession of the
27 Division of State Fire Marshal of the
28 Department of Insurance; amending s. 655.50,
29 F.S.; revising a requirement of the Department
30 of Banking and Finance to retain copies of
31 specified reports submitted by financial
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 institutions under the Florida Control of Money
2 Laundering in Financial Institutions Act to
3 provide that such reports or information
4 contained therein which are known to be the
5 subject of an existing criminal proceeding
6 shall be retained in accordance with federal
7 law; revising a requirement of the department
8 to retain copies of specified records of
9 exemption for a person exempt under the Florida
10 Control of Money Laundering in Financial
11 Institutions Act to provide that if such person
12 or the person's transactions are known to be
13 the subject of an existing criminal proceeding
14 the records shall be retained in accordance
15 with federal law; amending s. 945.25, F.S.;
16 requiring the Department of Corrections to
17 obtain and place in its official records
18 specified information on every person who may
19 be sentenced to supervision or incarceration
20 under the jurisdiction of the department;
21 eliminating a requirement of the department, in
22 its discretion, to obtain and place in its
23 permanent records specified information on
24 persons placed on probation and on persons who
25 may become subject to pardon and commutation of
26 sentence; amending s. 985.31, F.S.; revising
27 the classification of specified medical files
28 of serious or habitual juvenile offenders;
29 repealing s. 212.095(6)(d), F.S., which
30 requires the Department of Revenue to keep a
31 permanent record of the amounts of refunds
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HOUSE AMENDMENT
Bill No. HB 539
Amendment No. ___ (for drafter's use only)
1 claimed and paid under ch. 212, F.S., and which
2 requires that such records shall be open to
3 public inspection; repealing s. 238.03(9),
4 F.S., relating to the authority of the
5 Department of Management Services to photograph
6 and reduce to microfilm as a permanent record
7 its ledger sheets showing the salaries and
8 contributions of members of the Teachers'
9 Retirement System of Florida, the records of
10 deceased members of the system, and the
11 authority to destroy the documents from which
12 such films derive; repealing s. 591.34, F.S.;
13 eliminating a procedure by which permission may
14 be obtained from the Department of Agriculture
15 and Consumer Services to cut seed trees;
16 amending ss. 15.09(5)(a), 23.22(1)(f),
17 101.5607(1)(d), 112.533(2)(b), 231.291(2)(e),
18 257.34(1), 257.35(1), 282.21, 287.0943(2)(h),
19 320.05(1), 322.20(8), 338.223(2)(b),
20 378.406(1)(a), 400.0077(c)(1), 401.27(5),
21 403.111(1), 409.2577, 455.219(6), 456.025(11),
22 627.311(3)(l), 627.351(6)(n), 633.527(1),
23 655.0321, 668.50(2)(m), and 794.024(1), making
24 cross reference changes; amending ss. 655.0321
25 and 27.151(2); amending and adding cross
26 references; republishing s. 947.13; providing
27 an effective date.
28
29
30
31
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