HB 1807 2003
1	A bill to be entitled
2	An act relating to public records; amending s. 18.20,
3	F.S.; removing photographic film reproductions of
4	specified vouchers or checks paid by the State Treasurer
5	and preserved as records of the office of the Treasurer
6	from classification as permanent records; creating s.
7	39.2021, F.S.; relocating the provision allowing a person
8	or organization to petition the court for access to
9	records of the Department of Children and Family Services;
10	amending s. 119.01, F.S.; establishing state policy with
11	respect to public records; requiring governmental agencies
12	to consider certain factors in designing or acquiring
13	electronic recordkeeping systems; providing certain
14	restrictions with respect to electronic recordkeeping
15	systems and proprietary software; requiring governmental
16	agencies to provide copies of public records stored in
17	electronic recordkeeping systems; authorizing agencies to
18	charge a fee for such copies; specifying circumstances
19	under which the financial, business, and membership
20	records of an organization are public records; amending s.
21	119.011, F.S.; providing definitions; correcting cross
22	references; repealing ss. 119.0115, 119.012, and 119.02,
23	F.S., relating to specified exemption for certain
24	videotapes and video signals, records made public by the
25	use of public funds, and penalties for violation of public
26	records requirements by a public officer; amending s.
27	119.021, F.S.; providing requirements for governmental
28	agencies in maintaining and preserving public records;
29	requiring the Division of Library and Information Services
30	of the Department of State to adopt rules for retaining
31	and disposing of public records; authorizing the division
32	to provide for archiving certain noncurrent records;
33	providing for the destruction of certain records and the
34	continued maintenance of certain records; providing for
35	the disposition of records at the end of an official’s
36	term of office; requiring that a custodian of public
37	records demand delivery of records held unlawfully;
38	repealing ss. 119.031, 119.041, 119.05, and 119.06, F.S.,
39	relating to the retention and disposal of public records
40	and the delivery of records held unlawfully; amending s.
41	119.07, F.S.; revising provisions governing the inspection
42	and copying of public records; establishing fees for
43	copying; providing requirements for making photographs;
44	authorizing additional means of copying; repealing s.
45	119.08, F.S., relating to requirements for making
46	photographs of public records; amending s. 119.084, F.S.;
47	deleting certain provisions governing the maintenance of
48	public records in an electronic recordkeeping system;
49	repealing ss. 119.085 and 119.09, F.S., relating to remote
50	electronic access to public records and the program for
51	records and information management of the Department of
52	State; amending s. 119.10, F.S.; clarifying provisions
53	with respect to penalties for violations of ch. 119, F.S.;
54	amending s. 119.105, F.S.; clarifying provisions under
55	which certain police reports may be exempt from the public
56	records law; amending s. 120.55, F.S.; revising language
57	with respect to publication of the Florida Administrative
58	Code to provide that the Department of State is required
59	to compile and publish the code through a continuous
60	revision system; amending s. 257.36, F.S.; providing
61	procedure with respect to official custody of records upon
62	transfer of duties or responsibilities between state
63	agencies or dissolution of a state agency; amending s.
64	328.15, F.S.; revising the classification of records of
65	notices and satisfaction of liens on vessels maintained by
66	the Department of Highway Safety and Motor Vehicles;
67	amending s. 372.5717, F.S.; revising the classification of
68	records of hunter safety certification cards maintained by
69	the Fish and Wildlife Conservation Commission; creating s.
70	415.1071, F.S.; relocating the provision allowing a person
71	or organization to petition the court for access to
72	records of the Department of Children and Family Services;
73	amending s. 560.121, F.S.; decreasing and qualifying the
74	period of retention for examination reports, investigatory
75	records, applications, application records, and related
76	information compiled by the Department of Banking and
77	Finance under the Money Transmitters’ Code; amending s.
78	560.123, F.S.; decreasing the period of retention for
79	specified reports filed by money transmitters with the
80	Department of Banking and Finance under the money
81	Transmitters’ Code; amending s. 560.129, F.S.; decreasing
82	and qualifying the period of retention for examination
83	reports, investigatory records, applications, application
84	records, and related information compiled by the
85	Department of Banking and Finance under the Money
86	Transmitters’ Code; amending s. 624.311, F.S.; authorizing
87	the Department of Insurance to maintain an electronic
88	recordkeeping system for specified records, statements,
89	reports, and documents; eliminating a standard for the
90	reproduction of such records, statements, reports, and
91	documents; amending s. 624.312, F.S.; providing that
92	reproductions from an electronic recordkeeping system of
93	specified documents and records of the Department of
94	Insurance shall be treated as originals for the purpose of
95	their admissibility in evidence; amending s. 633.527,
96	F.S.; decreasing the period of retention for specified
97	examination test questions, answer sheets, and grades in
98	the possession of the Division of State Fire Marshal of
99	the Department of Insurance; amending s. 655.50, F.S.;
100	revising requirements of the Department of Banking and
101	Finance with respect to retention of copies of specified
102	reports and records of exemption submitted or filed by
103	financial institutions under the Florida Control of Money
104	Laundering in Financial Institutions Act; amending s.
105	945.25, F.S.; requiring the Department of Corrections to
106	obtain and place in its records specified information on
107	every person who may be sentenced to supervision or
108	incarceration under the jurisdiction of the department;
109	eliminating a requirement of the department, in its
110	discretion, to obtain and place in its permanent records
111	specified information on persons placed on probation and
112	on persons who may become subject to pardon and
113	commutation of sentence; amending s. 985.31, F.S.;
114	revising the classification of specified medical files of
115	serious or habitual juvenile offenders; repealing s.
116	212.095(6)(d), F.S., which requires the Department of
117	Revenue to keep a permanent record of the amounts of
118	refunds claimed and paid under ch. 212, F.S., and which
119	requires that such records shall be open to public
120	inspection; repealing s. 238.03(9), F.S., relating to the
121	authority of the Department of Management Services to
122	photograph and reduce to microfilm as a permanent record
123	its ledger sheets showing the salaries and contributions
124	of members of the Teachers’ Retirement System of Florida
125	and the records of deceased members of the system, and the
126	authority to destroy the documents from which such films
127	derive; amending s. 27.151, F.S.; expanding considerations
128	of the Governor in making an executive order confidential;
129	correcting a cross reference; amending s. 655.0321, F.S.;
130	expanding considerations of the Department of Banking and
131	Finance in determining whether specified hearings and
132	proceedings and documents related thereto shall be exempt
133	from public records and meetings requirements; correcting
134	a cross reference; amending ss. 15.09, 23.22, 101.5607,
135	112.533, 1012.31, 257.34, 257.35, 282.21, 287.0943,
136	320.05, 322.20, 338.223, 378.406, 400.0077, 401.27,
137	403.111, 409.2577, 455.219, 456.025, 627.311, 627.351,
138	633.527, 668.50, and 794.024, F.S.; conforming cross
139	references; reenacting s. 947.13(2)(a), F.S., relating to
140	the duty of the Parole Commission to examine specified
141	records, to incorporate the amendment to s. 945.25, F.S.,
142	in a reference thereto; providing an effective date.
143
144	Be It Enacted by the Legislature of the State of Florida:
145
146	Section 1. Subsection (1) of section 18.20, Florida
147	Statutes, is amended to read:
148	18.20 Treasurer to make reproductions of certain warrants,
149	records, and documents.--
150	(1) All vouchers or checks heretofore or hereafter drawn
151	by appropriate court officials of the several counties of the
152	state against money deposited with the Treasurer under the
153	provisions of s. 43.17, and paid by the Treasurer, may be
154	photographed, microphotographed, or reproduced on film by the
155	Treasurer. Such photographic film shall be durable material and
156	the device used to so reproduce such warrants, vouchers, or
157	checks shall be one which accurately reproduces the originals
158	thereof in all detail; and such photographs, microphotographs,
159	or reproductions on film shall be placed in conveniently
160	accessible and identified files and shall be preserved by the
161	Treasurer as a part of the permanentrecords of office. When any
162	such warrants, vouchers, or checks have been so photographed,
163	microphotographed, or reproduced on film, and the photographs,
164	microphotographs, or reproductions on film thereof have been
165	placed in files as a part of the permanentrecords of the office
166	of the Treasurer as aforesaid, the Treasurer is authorized to
167	return such warrants, vouchers, or checks to the offices of the
168	respective county officials who drew the same and such warrants,
169	vouchers, or checks shall be retained and preserved in such
170	offices to which returned as a part of the permanentrecords of
171	such offices.
172	Section 2. Section 39.2021, Florida Statutes, is created
173	to read:
174	39.2021 Release of confidential information.--
175	(1) Any person or organization, including the Department
176	of Children and Family Services, may petition the court for an
177	order making public the records of the Department of Children
178	and Family Services that pertain to investigations of alleged
179	abuse, abandonment, or neglect of a child. The court shall
180	determine whether good cause exists for public access to the
181	records sought or a portion thereof. In making this
182	determination, the court shall balance the best interest of the
183	child who is the focus of the investigation and the interest of
184	that child's siblings, together with the privacy right of other
185	persons identified in the reports, against the public interest.
186	The public interest in access to such records is reflected in
187	s. 119.01(1) and includes the need for citizens to know of and
188	adequately evaluate the actions of the Department of Children
189	and Family Services and the court system in providing children
190	of this state with the protections enumerated in s. 39.001.
191	However, this subsection does not contravene s. 39.202, which
192	protects the name of any person reporting the abuse,
193	abandonment, or neglect of a child.
194	(2) In cases involving serious bodily injury to a child,
195	the Department of Children and Family Services may petition the
196	court for an order for the immediate public release of records
197	of the department which pertain to the protective investigation.
198	The petition must be personally served upon the child, the
199	child's parent or guardian, and any person named as an alleged
200	perpetrator in the report of abuse, abandonment, or neglect. The
201	court must determine whether good cause exists for the public
202	release of the records sought no later than 24 hours, excluding
203	Saturdays, Sundays, and legal holidays, after the date the
204	department filed the petition with the court. If the court has
205	neither granted nor denied the petition within the 24-hour time
206	period, the department may release to the public summary
207	information including:
208	(a) A confirmation that an investigation has been
209	conducted concerning the alleged victim.
210	(b) The dates and brief description of procedural
211	activities undertaken during the department's investigation.
212	(c) The date of each judicial proceeding, a summary of
213	each participant's recommendations made at the judicial
214	proceeding, and the ruling of the court.
215
216	The summary information may not include the name of, or other
217	identifying information with respect to, any person identified
218	in any investigation. In making a determination to release
219	confidential information, the court shall balance the best
220	interests of the child who is the focus of the investigation and
221	the interests of that child's siblings, together with the
222	privacy rights of other persons identified in the reports,
223	against the public interest for access to public records.
224	However, this subsection does not contravene s. 39.202, which
225	protects the name of any person reporting abuse, abandonment, or
226	neglect of a child.
227	(3) When the court determines that good cause for public
228	access exists, the court shall direct that the department redact
229	the name of and other identifying information with respect to
230	any person identified in any protective investigation report
231	until such time as the court finds that there is probable cause
232	to believe that the person identified committed an act of
233	alleged abuse, abandonment, or neglect.
234	Section 3. Section 119.01, Florida Statutes, is amended to
235	read:
236	119.01 General state policy on public records.--
237	(1) It is the policy of this state that all state, county,
238	and municipal records areshall beopen for personal inspection
239	by any person unless the records are exempt from inspection.
240	(2) The Legislature finds that, given advancements in
241	technology, Providing access to public records is a duty of each
242	agency by remote electronic means is an additional method of
243	access that agencies should strive to provide to the extent
244	feasible. If an agency provides access to public records by
245	remote electronic means, then such access should be provided in
246	the most cost-effective and efficient manner available to the
247	agency providing the information.
248	(2)(a)(3) The Legislature finds that providing access to
249	public records is a duty of each agency and thatAutomation of
250	public records must not erode the right of access to public
251	thoserecords. As each agency increases its use of and
252	dependence on electronic recordkeeping, each agency must provide
253	ensure reasonable publicaccess to records electronically
254	maintained and must keep information made exempt or confidential
255	from being disclosed to the public.
256	(b) An agency must consider when designing or acquiring an
257	electronic recordkeeping system whether such system is capable
258	of providing data in some common format such as, but not limited
259	to, the American Standard Code for Information Interchange.
260	(c) An agency may not enter into a contract for the
261	creation or maintenance of a public records database if that
262	contract impairs the ability of the public to inspect or copy
263	the public records of the agency, including public records that
264	are on-line or stored in an electronic recordkeeping system used
265	by the agency.
266	(d) Subject to the restrictions of copyright and trade
267	secret laws and public records exemptions, agency use of
268	proprietary software must not diminish the right of the public
269	to inspect and copy a public record.
270	(e) Providing access to public records by remote
271	electronic means is an additional method of access that agencies
272	should strive to provide to the extent feasible. If an agency
273	provides access to public records by remote electronic means,
274	such access should be provided in the most cost-effective and
275	efficient manner available to the agency providing the
276	information.
277	(f) Each agency that maintains a public record in an
278	electronic recordkeeping system shall provide to any person,
279	pursuant to this chapter, a copy of any public record in that
280	system which is not exempted by law from public disclosure. An
281	agency must provide a copy of the record in the medium requested
282	if the agency maintains the record in that medium, and the
283	agency may charge a fee in accordance with this chapter. For the
284	purpose of satisfying a public records request, the fee to be
285	charged by an agency if it elects to provide a copy of a public
286	record in a medium not routinely used by the agency, or if it
287	elects to compile information not routinely developed or
288	maintained by the agency or that requires a substantial amount
289	of manipulation or programming, must be in accordance with s.
290	119.07(4).
291	(3) If public funds are expended by an agency as defined
292	in s. 119.011(2) in payment of dues or membership contributions
293	for any person, corporation, foundation, trust, association,
294	group, or other organization, all the financial, business, and
295	membership records of that person, corporation, foundation,
296	trust, association, group, or other organization which pertain
297	to the public agency are public records and subject to the
298	provisions of s. 119.07.
299	(4) Each agency shall establish a program for the disposal
300	of records that do not have sufficient legal, fiscal,
301	administrative, or archival value in accordance with retention
302	schedules established by the records and information management
303	program of the Division of Library and Information Services of
304	the Department of State.
305	Section 4. Section 119.011, Florida Statutes, is amended
306	to read:
307	119.011 Definitions.--As used inFor the purpose ofthis
308	chapter, the term:
309	(1) "Actual cost of duplication" means the cost of the
310	material and supplies used to duplicate the public record but
311	does not include the labor cost or overhead cost associated with
312	such duplication."Public records" means all documents, papers,
313	letters, maps, books, tapes, photographs, films, sound
314	recordings, data processing software, or other material,
315	regardless of the physical form, characteristics, or means of
316	transmission, made or received pursuant to law or ordinance or
317	in connection with the transaction of official business by any
318	agency.
319	(2) "Agency" means any state, county, district, authority,
320	or municipal officer, department, division, board, bureau,
321	commission, or other separate unit of government created or
322	established by law including, for the purposes of this chapter,
323	the Commission on Ethics, the Public Service Commission, and the
324	Office of Public Counsel, and any other public or private
325	agency, person, partnership, corporation, or business entity
326	acting on behalf of any public agency.
327	(3)(a) "Criminal intelligence information" means
328	information with respect to an identifiable person or group of
329	persons collected by a criminal justice agency in an effort to
330	anticipate, prevent, or monitor possible criminal activity.
331	(b) "Criminal investigative information" means information
332	with respect to an identifiable person or group of persons
333	compiled by a criminal justice agency in the course of
334	conducting a criminal investigation of a specific act or
335	omission, including, but not limited to, information derived
336	from laboratory tests, reports of investigators or informants,
337	or any type of surveillance.
338	(c) "Criminal intelligence information" and "criminal
339	investigative information" shall not include:
340	1. The time, date, location, and nature of a reported
341	crime.
342	2. The name, sex, age, and address of a person arrested or
343	of the victim of a crime except as provided in s.
344	119.07(6)(3)(f).
345	3. The time, date, and location of the incident and of the
346	arrest.
347	4. The crime charged.
348	5. Documents given or required by law or agency rule to be
349	given to the person arrested, except as provided in s.
350	119.07(6)(3)(f), and, except that the court in a criminal case
351	may order that certain information required by law or agency
352	rule to be given to the person arrested be maintained in a
353	confidential manner and exempt from the provisions of s.
354	119.07(1) until released at trial if it is found that the
355	release of such information would:
356	a. Be defamatory to the good name of a victim or witness
357	or would jeopardize the safety of such victim or witness; and
358	b. Impair the ability of a state attorney to locate or
359	prosecute a codefendant.
360	6. Informations and indictments except as provided in s.
361	905.26.
362	(d) The word "active" shall have the following meaning:
363	1. Criminal intelligence information shall be considered
364	"active" as long as it is related to intelligence gathering
365	conducted with a reasonable, good faith belief that it will lead
366	to detection of ongoing or reasonably anticipated criminal
367	activities.
368	2. Criminal investigative information shall be considered
369	"active" as long as it is related to an ongoing investigation
370	which is continuing with a reasonable, good faith anticipation
371	of securing an arrest or prosecution in the foreseeable future.
372
373	In addition, criminal intelligence and criminal investigative
374	information shall be considered "active" while such information
375	is directly related to pending prosecutions or appeals. The word
376	"active" shall not apply to information in cases which are
377	barred from prosecution under the provisions of s. 775.15 or
378	other statute of limitation.
379	(4) "Criminal justice agency" means:
380	(a) Any law enforcement agency, court, or prosecutor;. The
381	term also includes
382	(b)Any other agency charged by law with criminal law
383	enforcement duties;, or
384	(c)Any agency having custody of criminal intelligence
385	information or criminal investigative information for the
386	purpose of assisting such law enforcement agencies in the
387	conduct of active criminal investigation or prosecution or for
388	the purpose of litigating civil actions under the Racketeer
389	Influenced and Corrupt Organization Act, during the time that
390	such agencies are in possession of criminal intelligence
391	information or criminal investigative information pursuant to
392	their criminal law enforcement duties; or. The term also
393	includes
394	(d)The Department of Corrections.
395	(5) "Custodian of public records" means the elected or
396	appointed state, county, or municipal officer charged with the
397	responsibility of maintaining the office having public records,
398	or his or her designee.
399	(6) "Data processing software" means the programs and
400	routines used to employ and control the capabilities of data
401	processing hardware, including, but not limited to, operating
402	systems, compilers, assemblers, utilities, library routines,
403	maintenance routines, applications, and computer networking
404	programs.
405	(7) "Duplicated copies" means new copies produced by
406	duplicating as defined in s. 283.30.
407	(8) "Exemption" means a provision of general law that
408	provides that a specified record or meeting, or portion thereof,
409	is not subject to the access requirements of s. 119.07(1), s.
410	286.011, or s. 24, Art. I of the State Constitution.
411	(9) "Information technology resources" has the meaning
412	ascribed to "information technology" in s. 282.0041(7).
413	(10) "Proprietary software" means data processing software
414	that is protected by copyright or trade secret laws.
415	(11) "Public records" means all documents, papers,
416	letters, maps, books, tapes, photographs, films, sound
417	recordings, data processing software, or other material,
418	regardless of the physical form, characteristics, or means of
419	transmission, made or received pursuant to law or ordinance or
420	in connection with the transaction of official business by any
421	agency.
422	(12) “Redact” means the process of removing from an image
423	or a copy of an original public record that portion of the
424	record containing exempt or confidential information.
425	(13) "Sensitive," for purposes of defining agency-produced
426	software that is sensitive, means only those portions of data
427	processing software, including the specifications and
428	documentation, which are used to:
429	(a) Collect, process, store, and retrieve information that
430	is exempt from s. 119.07(1);
431	(b) Collect, process, store, and retrieve financial
432	management information of the agency, such as payroll and
433	accounting records; or
434	(c) Control and direct access authorizations and security
435	measures for automated systems.
436	Section 5. Sections 119.0115, 119.012, and 119.02, Florida
437	Statutes, are repealed.
438	Section 6. Section 119.021, Florida Statutes, is
439	amended to read:
440	(Substantial rewording of section. See s. 119.021, F.S.,
441	for present text.)
442	119.021 Custodial requirements; maintenance, preservation,
443	and retention of public records.--
444	(1) Public records shall be maintained and preserved
445	as follows:
446	(a) All public records should be kept in the buildings in
447	which they are ordinarily used.
448	(b) Insofar as practicable, a custodian of public records
449	of vital, permanent, or archival value shall keep such records
450	in fireproof and waterproof safes, vaults, or rooms fitted with
451	noncombustible materials and in such arrangement as to be easily
452	accessible for convenient use.
453	(c)1. Record books should be copied or repaired, restored,
454	or rebound if worn, mutilated, damaged, or difficult to read.
455	2. Whenever any state, county, or municipal records are in
456	need of repair, restoration, or rebinding, the head of the
457	concerned state agency, department, board, or commission; the
458	board of county commissioners of such county; or the governing
459	body of such municipality may authorize that such records be
460	removed from the building or office in which such records are
461	ordinarily kept for the length of time required to repair,
462	restore, or rebind them.
463	3. Any public official who causes a record book to be
464	copied shall attest and certify under oath that the copy is an
465	accurate copy of the original book. The copy shall then have the
466	force and effect of the original.
467	(2)(a) The Division of Library and Information Services of
468	the Department of State shall adopt rules to establish retention
469	schedules and disposal processes for public records.
470	(b) Each agency shall comply with the rules establishing
471	retention schedules and disposal processes for public records
472	which are adopted by the records and information management
473	program of the division.
474	(c) Every public official shall systematically dispose of
475	records no longer needed, subject to the consent of the records
476	and information management program of the division in accordance
477	with s. 257.36.
478	(d) The division may ascertain the condition of public
479	records and shall give advice and assistance to public officials
480	to solve problems related to the preservation, creation, filing,
481	and public accessibility of public records in their custody.
482	Public officials shall assist the division by preparing an
483	inclusive inventory of categories of public records in their
484	custody. The division shall establish a time period for the
485	retention or disposal of each series of records. Upon the
486	completion of the inventory and schedule, the division shall,
487	subject to the availability of necessary space, staff, and other
488	facilities for such purposes, make space available in its
489	records center for the filing of semicurrent records so
490	scheduled and in its archives for noncurrent records of
491	permanent value, and shall render such other assistance as
492	needed, including the microfilming of records so scheduled.
493	(3) Agency orders that comprise final agency action and
494	that must be indexed or listed pursuant to s. 120.53 have
495	continuing legal significance; therefore, notwithstanding any
496	other provision of this chapter or any provision of chapter 257,
497	each agency shall permanently maintain records of such orders
498	pursuant to the applicable rules of the Department of State.
499	(4)(a) Whoever has custody of any public records shall
500	deliver, at the expiration of his or her term of office, to his
501	or her successor or, if there be none, to the records and
502	information management program of the Division of Library and
503	Information Services of the Department of State, all public
504	records kept or received by him or her in the transaction of
505	official business.
506	(b) Whoever is entitled to custody of public records shall
507	demand them from any person having illegal possession of them,
508	who must forthwith deliver the same to him or her. Any person
509	unlawfully possessing public records must, within 10 days,
510	deliver such records to the lawful custodian of public records
511	unless just cause exists for failing to deliver such records.
512	Section 7. Sections 119.031, 119.041, 119.05, and 119.06,
513	Florida Statutes, are repealed.
514	Section 8. Section 119.07, Florida Statutes, is amended to
515	read:
516	119.07 Inspection, examination, and copyingduplicationof
517	records; fees;exemptions.--
518	(1)(a) Every person who has custody of a public record
519	shall permit the record to be inspected and copiedexaminedby
520	any person desiring to do so, at any reasonable time, under
521	reasonable conditions, and under supervision by the custodian of
522	the public recordsrecord or the custodian's designee.
523	(b) An exemption from this section does not imply an
524	exemption from s. 286.011. The exemption from s. 286.011 must
525	be expressly provided.
526	(c) A person who has custody of a public record who
527	asserts that an exemption applies to a part of such record shall
528	redact that portion of the record to which an exemption has been
529	asserted and validly applies, and such person shall produce the
530	remainder of such record for inspection and copying.
531	(d) If the person who has custody of a public record
532	contends that the record or part thereof is exempt from
533	inspection and copying, he or she shall state the basis of the
534	exemption that he or she contends is applicable to the record or
535	part thereof, including the statutory citation to an exemption
536	created or afforded by statute.
537	(e) If requested by the person seeking to inspect or copy
538	the record, the custodian of public records shall state in
539	writing and with particularity the reasons for the conclusion
540	that the record is exempt or confidential.
541	(f) In any civil action in which an exemption to this
542	section is asserted, if the exemption is alleged to exist under
543	or by virtue of paragraph (6)(c), paragraph (6)(d), paragraph
544	(6)(e), paragraph (6)(k), paragraph (6)(l), or paragraph (6)(o),
545	the public record or part thereof in question shall be submitted
546	to the court for an inspection in camera. If an exemption is
547	alleged to exist under or by virtue of paragraph (6)(b), an
548	inspection in camera will be discretionary with the court. If
549	the court finds that the asserted exemption is not applicable,
550	it shall order the public record or part thereof in question to
551	be immediately produced for inspection or copying as requested
552	by the person seeking such access.
553	(g) Regardless of whether an assertion is made by the
554	custodian of public records that a requested record is not a
555	public record subject to public inspection or copying under this
556	subsection, the requested record shall not be disposed of for a
557	period of 30 days after the date on which a written request to
558	inspect or copy the record was served on or otherwise made to
559	the custodian of public records by the person seeking access to
560	the record. If a civil action is instituted within the 30-day
561	period to enforce the provisions of this section with respect to
562	the requested record, the custodian of public records may not
563	dispose of the record except by order of a court of competent
564	jurisdiction after notice to all affected parties.
565	(h) The absence of a civil action instituted for the
566	purpose stated in paragraph (f) does not relieve the custodian
567	of public records of the duty to maintain the record as a public
568	record if the record is in fact a public record subject to
569	public inspection and copying under this subsection and does not
570	otherwise excuse or exonerate the custodian of public records
571	from any unauthorized or unlawful disposition of such record.
572	(2)(a) Any person shall have the right of access to public
573	records for the purpose of making photographs of the record
574	while in the possession, custody, and control of the custodian
575	of public records.
576	(b) This subsection applies to the making of photographs
577	in the conventional sense by use of a camera device to capture
578	images of public records but excludes the duplication of
579	microfilm in the possession of the clerk of the circuit court
580	where a copy of the microfilm may be made available by the
581	clerk.
582	(c) Photographing of public records shall be done under
583	the supervision of the custodian of public records, who may
584	adopt and enforce reasonable rules governing such photographing.
585	(d) Photographing of public records shall be done in the
586	room where the public records are kept. If, in the judgment of
587	the custodian of public records, this is impossible or
588	impracticable, such photographing shall be done in another room
589	or place, as nearly adjacent as possible to the room where the
590	public records are kept, to be determined by the custodian of
591	public records. Where provision of another room or place for
592	photographing is required, the expense of providing the same
593	shall be paid by the person desiring to photograph the public
594	record pursuant to paragraph (4)(e).
595	(3)(a) As an additional means of inspecting or copying
596	public records, a custodian of public records may provide access
597	to public records by remote electronic means, provided exempt or
598	confidential information is not disclosed.
599	(b) The custodian of public records shall provide
600	safeguards to protect the contents of public records from
601	unauthorized remote electronic access or alteration and to
602	prevent the disclosure or modification of those portions of
603	public records which are exempt or confidential from subsection
604	(1) or s. 24, Art. I of the State Constitution.
605	(c) Unless otherwise required by law, the custodian of
606	public records may charge a fee for remote electronic access,
607	granted under a contractual arrangement with a user, which fee
608	may include the direct and indirect costs of providing such
609	access. Fees for remote electronic access provided to the
610	general public shall be in accordance with the provisions of
611	this section.
612	(4) The custodian of public recordsshall furnish a copy
613	or a certified copy of the record upon payment of the fee
614	prescribed by law.or, If a fee is not prescribed by law, the
615	following fees are authorized:
616	(a)1. Up to 15 cents per one-sided copyfor duplicated
617	copies of not more than 14 inches by 8 1/2 inches;
618	2. An agency may charge no more than an additional 5 cents
619	for each two-sided copy;, upon payment of not more than 15 cents
620	per one-sided copy,and
621	3. For all other copies, upon payment ofthe actual cost
622	of duplication of the public record. An agency may charge no
623	more than an additional 5 cents for each two-sided duplicated
624	copy. For purposes of this section, duplicated copies shall mean
625	new copies produced by duplicating, as defined in s. 283.30.
626	The phrase "actual cost of duplication" means the cost of the
627	material and supplies used to duplicate the record, but it does
628	not include the labor cost or overhead cost associated with such
629	duplication. However,
630	(b)The charge for copies of county maps or aerial
631	photographs supplied by county constitutional officers may also
632	include a reasonable charge for the labor and overhead
633	associated with their duplication. Unless otherwise provided by
634	law, the fees to be charged for duplication of public records
635	shall be collected, deposited, and accounted for in the manner
636	prescribed for other operating funds of the agency.
637	(c)An agency may charge up to $1 per copy for a certified
638	copy of a public record.
639	(d)(b)If the nature or volume of public records requested
640	to be inspected, examined,or copied pursuant to this subsection
641	is such as to require extensive use of information technology
642	resources or extensive clerical or supervisory assistance by
643	personnel of the agency involved, or both, the agency may
644	charge, in addition to the actual cost of duplication, a special
645	service charge, which shall be reasonable and shall be based on
646	the cost incurred for such extensive use of information
647	technology resources or the labor cost of the personnel
648	providing the service that is actually incurred by the agency or
649	attributable to the agency for the clerical and supervisory
650	assistance required, or both.
651	(e)1. Where provision of another room or place is
652	necessary to photograph public records, the expense of providing
653	the same shall be paid by the person desiring to photograph the
654	public records.
655	2. The custodian of public records may charge the person
656	making the photographs for supervision services at a rate of
657	compensation to be agreed upon by the person desiring to make
658	the photographs and the custodian of public records. If they
659	fail to agree as to the appropriate charge, then the charge is
660	to be determined by the custodian of public records.
661	"Information technology resources" means data processing
662	hardware and software and services, communications, supplies,
663	personnel, facility resources, maintenance, and training.
664	(5)(c)When ballots are produced under this section for
665	inspection or examination, no persons other than the supervisor
666	of elections or the supervisor's employees shall touch the
667	ballots. The supervisor of elections shall make a reasonable
668	effort to notify all candidates by telephone or otherwise of the
669	time and place of the inspection or examination. All such
670	candidates, or their representatives, shall be allowed to be
671	present during the inspection or examination.
672	(2)(a) A person who has custody of a public record and who
673	asserts that an exemption provided in subsection (3) or in a
674	general or special law applies to a particular public record or
675	part of such record shall delete or excise from the record only
676	that portion of the record with respect to which an exemption
677	has been asserted and validly applies, and such person shall
678	produce the remainder of such record for inspection and
679	examination. If the person who has custody of a public record
680	contends that the record or part of it is exempt from inspection
681	and examination, he or she shall state the basis of the
682	exemption which he or she contends is applicable to the record,
683	including the statutory citation to an exemption created or
684	afforded by statute, and, if requested by the person seeking the
685	right under this subsection to inspect, examine, or copy the
686	record, he or she shall state in writing and with particularity
687	the reasons for the conclusion that the record is exempt.
688	(b) In any civil action in which an exemption to
689	subsection (1) is asserted, if the exemption is alleged to exist
690	under or by virtue of paragraph (c), paragraph (d), paragraph
691	(e), paragraph (k), paragraph (l), or paragraph (o) of
692	subsection (3), the public record or part thereof in question
693	shall be submitted to the court for an inspection in camera. If
694	an exemption is alleged to exist under or by virtue of paragraph
695	(b) of subsection (3), an inspection in camera will be
696	discretionary with the court. If the court finds that the
697	asserted exemption is not applicable, it shall order the public
698	record or part thereof in question to be immediately produced
699	for inspection, examination, or copying as requested by the
700	person seeking such access.
701	(c) Even if an assertion is made by the custodian of a
702	public record that a requested record is not a public record
703	subject to public inspection and examination under subsection
704	(1), the requested record shall, nevertheless, not be disposed
705	of for a period of 30 days after the date on which a written
706	request requesting the right to inspect, examine, or copy the
707	record was served on or otherwise made to the custodian of the
708	record by the person seeking access to the record. If a civil
709	action is instituted within the 30-day period to enforce the
710	provisions of this section with respect to the requested record,
711	the custodian shall not dispose of the record except by order of
712	a court of competent jurisdiction after notice to all affected
713	parties.
714	(d) The absence of a civil action instituted for the
715	purpose stated in paragraph (c) will not relieve the custodian
716	of the duty to maintain the record as a public record if the
717	record is in fact a public record subject to public inspection
718	and examination under subsection (1) and will not otherwise
719	excuse or exonerate the custodian from any unauthorized or
720	unlawful disposition of such record.
721	(6)(3)(a) Examination questions and answer sheets of
722	examinations administered by a governmental agency for the
723	purpose of licensure, certification, or employment are exempt
724	from the provisions of subsection (1) and s. 24(a), Art. I of
725	the State Constitution. A person who has taken such an
726	examination shall have the right to review his or her own
727	completed examination.
728	(b)1. Active criminal intelligence information and active
729	criminal investigative information are exempt from the
730	provisions of subsection (1) and s. 24(a), Art. I of the State
731	Constitution.
732	2. A request of a law enforcement agency to inspect or
733	copy a public record that is in the custody of another agency,
734	the custodian's response to the request, and any information
735	that would identify the public record that was requested by the
736	law enforcement agency or provided by the custodian are exempt
737	from the requirements of subsection (1) and s. 24(a), Art. I of
738	the State Constitution, during the period in which the
739	information constitutes criminal intelligencecriminal-
740	intelligence information or criminal investigativecriminal-
741	investigativeinformation that is active. This exemption is
742	remedial in nature, and it is the intent of the Legislature that
743	the exemption be applied to requests for information received
744	before, on, or after the effective date of this subparagraph.
745	The law enforcement agency shall give notice to the custodial
746	agency when the criminal intelligencecriminal-intelligence
747	information or criminal investigativecriminal-investigative
748	information is no longer active, so that the custodian's
749	response to the request and information that would identify the
750	public record requested are available to the public. This
751	subparagraph is subject to the Open Government Sunset Review Act
752	of 1995 in accordance with s. 119.15 and shall stand repealed
753	October 2, 2007, unless reviewed and saved from repeal through
754	reenactment by the Legislature.
755	(c) Any information revealing the identity of a
756	confidential informant or a confidential source is exempt from
757	the provisions of subsection (1) and s. 24(a), Art. I of the
758	State Constitution.
759	(d) Any information revealing surveillance techniques or
760	procedures or personnel is exempt from the provisions of
761	subsection (1) and s. 24(a), Art. I of the State Constitution.
762	Any comprehensive inventory of state and local law enforcement
763	resources compiled pursuant to part I, chapter 23, and any
764	comprehensive policies or plans compiled by a criminal justice
765	agency pertaining to the mobilization, deployment, or tactical
766	operations involved in responding to emergencies, as defined in
767	s. 252.34(3), are exempt from the provisions of subsection (1)
768	and s. 24(a), Art. I of the State Constitution and unavailable
769	for inspection, except by personnel authorized by a state or
770	local law enforcement agency, the office of the Governor, the
771	Department of Legal Affairs, the Department of Law Enforcement,
772	or the Department of Community Affairs as having an official
773	need for access to the inventory or comprehensive policies or
774	plans.
775	(e) Any information revealing undercover personnel of any
776	criminal justice agency is exempt from the provisions of
777	subsection (1) and s. 24(a), Art. I of the State Constitution.
778	(f) Any criminal intelligence information or criminal
779	investigative information including the photograph, name,
780	address, or other fact or information which reveals the identity
781	of the victim of the crime of sexual battery as defined in
782	chapter 794; the identity of the victim of a lewd or lascivious
783	offense committed upon or in the presence of a person less than
784	16 years of age, as defined in chapter 800; or the identity of
785	the victim of the crime of child abuse as defined by chapter 827
786	and any criminal intelligence information or criminal
787	investigative information or other criminal record, including
788	those portions of court records and court proceedings, which may
789	reveal the identity of a person who is a victim of any sexual
790	offense, including a sexual offense proscribed in chapter 794,
791	chapter 800, or chapter 827, is exempt from the provisions of
792	subsection (1) and s. 24(a), Art. I of the State Constitution.
793	(g) Any criminal intelligence information or criminal
794	investigative information which reveals the personal assets of
795	the victim of a crime, other than property stolen or destroyed
796	during the commission of the crime, is exempt from the
797	provisions of subsection (1) and s. 24(a), Art. I of the State
798	Constitution.
799	(h) All criminal intelligence and criminal investigative
800	information received by a criminal justice agency prior to
801	January 25, 1979, is exempt from the provisions of subsection
802	(1) and s. 24(a), Art. I of the State Constitution.
803	(i)1. The home addresses, telephone numbers, social
804	security numbers, and photographs of active or former law
805	enforcement personnel, including correctional and correctional
806	probation officers, personnel of the Department of Children and
807	Family Services whose duties include the investigation of abuse,
808	neglect, exploitation, fraud, theft, or other criminal
809	activities, personnel of the Department of Health whose duties
810	are to support the investigation of child abuse or neglect, and
811	personnel of the Department of Revenue or local governments
812	whose responsibilities include revenue collection and
813	enforcement or child support enforcement; the home addresses,
814	telephone numbers, social security numbers, photographs, and
815	places of employment of the spouses and children of such
816	personnel; and the names and locations of schools and day care
817	facilities attended by the children of such personnel are exempt
818	from the provisions of subsection (1). The home addresses,
819	telephone numbers, and photographs of firefighters certified in
820	compliance with s. 633.35; the home addresses, telephone
821	numbers, photographs, and places of employment of the spouses
822	and children of such firefighters; and the names and locations
823	of schools and day care facilities attended by the children of
824	such firefighters are exempt from subsection (1). The home
825	addresses and telephone numbers of justices of the Supreme
826	Court, district court of appeal judges, circuit court judges,
827	and county court judges; the home addresses, telephone numbers,
828	and places of employment of the spouses and children of justices
829	and judges; and the names and locations of schools and day care
830	facilities attended by the children of justices and judges are
831	exempt from the provisions of subsection (1). The home
832	addresses, telephone numbers, social security numbers, and
833	photographs of current or former state attorneys, assistant
834	state attorneys, statewide prosecutors, or assistant statewide
835	prosecutors; the home addresses, telephone numbers, social
836	security numbers, photographs, and places of employment of the
837	spouses and children of current or former state attorneys,
838	assistant state attorneys, statewide prosecutors, or assistant
839	statewide prosecutors; and the names and locations of schools
840	and day care facilities attended by the children of current or
841	former state attorneys, assistant state attorneys, statewide
842	prosecutors, or assistant statewide prosecutors are exempt from
843	subsection (1) and s. 24(a), Art. I of the State
844	Constitution.
845	2. The home addresses, telephone numbers, social security
846	numbers, and photographs of current or former human resource,
847	labor relations, or employee relations directors, assistant
848	directors, managers, or assistant managers of any local
849	government agency or water management district whose duties
850	include hiring and firing employees, labor contract negotiation,
851	administration, or other personnel-related duties; the names,
852	home addresses, telephone numbers, social security numbers,
853	photographs, and places of employment of the spouses and
854	children of such personnel; and the names and locations of
855	schools and day care facilities attended by the children of such
856	personnel are exempt from subsection (1) and s. 24(a), Art. I of
857	the State Constitution. This subparagraph is subject to the
858	Open Government Sunset Review Act of 1995 in accordance with s.
859	119.15, and shall stand repealed on October 2, 2006, unless
860	reviewed and saved from repeal through reenactment by the
861	Legislature.
862	3. The home addresses, telephone numbers, social security
863	numbers, and photographs of current or former code enforcement
864	officers; the names, home addresses, telephone numbers, social
865	security numbers, photographs, and places of employment of the
866	spouses and children of such persons; and the names and
867	locations of schools and day care facilities attended by the
868	children of such persons are exempt from subsection (1) and s.
869	24(a), Art. I of the State Constitution. This subparagraph is
870	subject to the Open Government Sunset Review Act of 1995 in
871	accordance with s. 119.15, and shall stand repealed on October
872	2, 2006, unless reviewed and saved from repeal through
873	reenactment by the Legislature.
874	4. An agency that is the custodian of the personal
875	information specified in subparagraph 1., subparagraph 2., or
876	subparagraph 3. and that is not the employer of the officer,
877	employee, justice, judge, or other person specified in
878	subparagraph 1., subparagraph 2., or subparagraph 3. shall
879	maintain the exempt statusconfidentialityof the personal
880	information only if the officer, employee, justice, judge, other
881	person, or employing agency of the designated employee submits a
882	written request for maintenance of the exemptionconfidentiality
883	to the custodial agency.
884	(j) Any information provided to an agency of state
885	government or to an agency of a political subdivision of the
886	state for the purpose of forming ridesharing arrangements, which
887	information reveals the identity of an individual who has
888	provided his or her name for ridesharing, as defined in s.
889	341.031, is exempt from the provisions of subsection (1) and s.
890	24(a), Art. I of the State Constitution.
891	(k) Any information revealing the substance of a
892	confession of a person arrested is exempt from the provisions of
893	subsection (1) and s. 24(a), Art. I of the State Constitution,
894	until such time as the criminal case is finally determined by
895	adjudication, dismissal, or other final disposition.
896	(l)1. A public record which was prepared by an agency
897	attorney (including an attorney employed or retained by the
898	agency or employed or retained by another public officer or
899	agency to protect or represent the interests of the agency
900	having custody of the record) or prepared at the attorney's
901	express direction, which reflects a mental impression,
902	conclusion, litigation strategy, or legal theory of the attorney
903	or the agency, and which was prepared exclusively for civil or
904	criminal litigation or for adversarial administrative
905	proceedings, or which was prepared in anticipation of imminent
906	civil or criminal litigation or imminent adversarial
907	administrative proceedings, is exempt from the provisions of
908	subsection (1) and s. 24(a), Art. I of the State Constitution
909	until the conclusion of the litigation or adversarial
910	administrative proceedings. For purposes of capital collateral
911	litigation as set forth in s. 27.7001, the Attorney General's
912	office is entitled to claim this exemption for those public
913	records prepared for direct appeal as well as for all capital
914	collateral litigation after direct appeal until execution of
915	sentence or imposition of a life sentence.
916	2. This exemption is not waived by the release of such
917	public record to another public employee or officer of the same
918	agency or any person consulted by the agency attorney. When
919	asserting the right to withhold a public record pursuant to this
920	paragraph, the agency shall identify the potential parties to
921	any such criminal or civil litigation or adversarial
922	administrative proceedings. If a court finds that the document
923	or other record has been improperly withheld under this
924	paragraph, the party seeking access to such document or record
925	shall be awarded reasonable attorney's fees and costs in
926	addition to any other remedy ordered by the court.
927	(m) Sealed bids or proposals received by an agency
928	pursuant to invitations to bid or requests for proposals are
929	exempt from the provisions of subsection (1) and s. 24(a), Art.
930	I of the State Constitution until such time as the agency
931	provides notice of a decision or intended decision pursuant to
932	s. 120.57(3)(a) or within 10 days after bid or proposal opening,
933	whichever is earlier.
934	(n) When an agency of the executive branch of state
935	government seeks to acquire real property by purchase or through
936	the exercise of the power of eminent domain all appraisals,
937	other reports relating to value, offers, and counteroffers must
938	be in writing and are exempt from the provisions of subsection
939	(1) and s. 24(a), Art. I of the State Constitution until
940	execution of a valid option contract or a written offer to sell
941	that has been conditionally accepted by the agency, at which
942	time the exemption shall expire. The agency shall not finally
943	accept the offer for a period of 30 days in order to allow
944	public review of the transaction. The agency may give
945	conditional acceptance to any option or offer subject only to
946	final acceptance by the agency after the 30-day review period.
947	If a valid option contract is not executed, or if a written
948	offer to sell is not conditionally accepted by the agency, then
949	the exemption from the provisions of this chapter shall expire
950	at the conclusion of the condemnation litigation of the subject
951	property. An agency of the executive branch may exempt title
952	information, including names and addresses of property owners
953	whose property is subject to acquisition by purchase or through
954	the exercise of the power of eminent domain, from the provisions
955	of subsection (1) and s. 24(a), Art. I of the State Constitution
956	to the same extent as appraisals, other reports relating to
957	value, offers, and counteroffers. For the purpose of this
958	paragraph, "option contract" means an agreement of an agency of
959	the executive branch of state government to purchase real
960	property subject to final agency approval. This paragraph shall
961	have no application to other exemptions from the provisions of
962	subsection (1) which are contained in other provisions of law
963	and shall not be construed to be an express or implied repeal
964	thereof.
965	(o) Data processing software obtained by an agency under a
966	licensing agreement which prohibits its disclosure and which
967	software is a trade secret, as defined in s. 812.081, and
968	agency-produced data processing software which is sensitive are
969	exempt from the provisions of subsection (1) and s. 24(a), Art.
970	I of the State Constitution. The designation of agency-produced
971	software as sensitive shall not prohibit an agency head from
972	sharing or exchanging such software with another public agency.
973	As used in this paragraph:
974	1. "Data processing software" means the programs and
975	routines used to employ and control the capabilities of data
976	processing hardware, including, but not limited to, operating
977	systems, compilers, assemblers, utilities, library routines,
978	maintenance routines, applications, and computer networking
979	programs.
980	2. "Sensitive" means only those portions of data
981	processing software, including the specifications and
982	documentation, used to:
983	a. Collect, process, store, and retrieve information which
984	is exempt from the provisions of subsection (1);
985	b. Collect, process, store, and retrieve financial
986	management information of the agency, such as payroll and
987	accounting records; or
988	c. Control and direct access authorizations and security
989	measures for automated systems.
990	(p) All complaints and other records in the custody of any
991	unit of local government which relate to a complaint of
992	discrimination relating to race, color, religion, sex, national
993	origin, age, handicap, marital status, sale or rental of
994	housing, the provision of brokerage services, or the financing
995	of housing are exempt from the provisions of subsection (1) and
996	s. 24(a), Art. I of the State Constitution until a finding is
997	made relating to probable cause, the investigation of the
998	complaint becomes inactive, or the complaint or other record is
999	made part of the official record of any hearing or court
1000	proceeding. This provision shall not affect any function or
1001	activity of the Florida Commission on Human Relations. Any
1002	state or federal agency which is authorized to have access to
1003	such complaints or records by any provision of law shall be
1004	granted such access in the furtherance of such agency's
1005	statutory duties, notwithstanding the provisions of this
1006	section. This paragraph shall not be construed to modify or
1007	repeal any special or local act.
1008	(q) All complaints and other records in the custody of any
1009	agency in the executive branch of state government which relate
1010	to a complaint of discrimination relating to race, color,
1011	religion, sex, national origin, age, handicap, or marital status
1012	in connection with hiring practices, position classifications,
1013	salary, benefits, discipline, discharge, employee performance,
1014	evaluation, or other related activities are exempt from the
1015	provisions of subsection (1) and s. 24(a), Art. I of the State
1016	Constitution until a finding is made relating to probable cause,
1017	the investigation of the complaint becomes inactive, or the
1018	complaint or other record is made part of the official record of
1019	any hearing or court proceeding. This provision shall not
1020	affect any function or activity of the Florida Commission on
1021	Human Relations. Any state or federal agency which is
1022	authorized to have access to such complaints or records by any
1023	provision of law shall be granted such access in the furtherance
1024	of such agency's statutory duties, notwithstanding the
1025	provisions of this section.
1026	(r) All records supplied by a telecommunications company,
1027	as defined by s. 364.02, to a state or local governmental agency
1028	which contain the name, address, and telephone number of
1029	subscribers are confidential and exempt from the provisions of
1030	subsection (1) and s. 24(a), Art. I of the State Constitution.
1031	(s)1. Any document that reveals the identity, home or
1032	employment telephone number, home or employment address, or
1033	personal assets of the victim of a crime and identifies that
1034	person as the victim of a crime, which document is received by
1035	any agency that regularly receives information from or
1036	concerning the victims of crime, is exempt from the provisions
1037	of subsection (1) and s. 24(a), Art. I of the State
1038	Constitution. Any information not otherwise held confidential
1039	or exempt or confidentialfrom the provisions of subsection (1)
1040	which reveals the home or employment telephone number, home or
1041	employment address, or personal assets of a person who has been
1042	the victim of sexual battery, aggravated child abuse, aggravated
1043	stalking, harassment, aggravated battery, or domestic violence
1044	is exempt from the provisions of subsection (1) and s. 24(a),
1045	Art. I of the State Constitution, upon written request by the
1046	victim, which must include official verification that an
1047	applicable crime has occurred. Such information shall cease to
1048	be exempt 5 years after the receipt of the written request. Any
1049	state or federal agency that is authorized to have access to
1050	such documents by any provision of law shall be granted such
1051	access in the furtherance of such agency's statutory duties,
1052	notwithstanding the provisions of this section.
1053	2. Any information in a videotaped statement of a minor
1054	who is alleged to be or who is a victim of sexual battery, lewd
1055	acts, or other sexual misconduct proscribed in chapter 800 or in
1056	s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
1057	847.0133, or s. 847.0145, which reveals that minor's identity,
1058	including, but not limited to, the minor's face; the minor's
1059	home, school, church, or employment telephone number; the
1060	minor's home, school, church, or employment address; the name of
1061	the minor's school, church, or place of employment; or the
1062	personal assets of the minor; and which identifies that minor as
1063	the victim of a crime described in this subparagraph, is
1064	confidential and exempt from subsection (1) and s. 24(a), Art. I
1065	of the State Constitution. Any governmental agency that is
1066	authorized to have access to such statements by any provision of
1067	law shall be granted such access in the furtherance of the
1068	agency's statutory duties, notwithstanding the provisions of
1069	this section. This subparagraph is subject to the Open
1070	Government Sunset Review Act of 1995 in accordance with s.
1071	119.15, and shall stand repealed on October 2, 2003.
1072	3. A public employee or officer who has access to the
1073	videotaped statement of a minor who is alleged to be or who is a
1074	victim of sexual battery, lewd acts, or other sexual misconduct
1075	proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
1076	847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145,
1077	may not willfully and knowingly disclose videotaped information
1078	that reveals that minor's identity to a person who is not
1079	assisting in the investigation or prosecution of the alleged
1080	offense or to any person other than the defendant, the
1081	defendant's attorney, or a person specified in an order entered
1082	by the court having jurisdiction of the alleged offense.
1083	4. A person who violates subparagraph 3. commits a
1084	misdemeanor of the first degree, punishable as provided in s.
1085	775.082 or s. 775.083.
1086	(t) Any financial statement which an agency requires a
1087	prospective bidder to submit in order to prequalify for bidding
1088	or for responding to a proposal for a road or any other public
1089	works project is exempt from the provisions of subsection (1)
1090	and s. 24(a), Art. I of the State Constitution.
1091	(u) Where the alleged victim chooses not to file a
1092	complaint and requests that records of the complaint remain
1093	confidential, all records relating to an allegation of
1094	employment discrimination are confidential and exempt from the
1095	provisions of subsection (1) and s. 24(a), Art. I of the State
1096	Constitution.
1097	(v) Medical information pertaining to a prospective,
1098	current, or former officer or employee of an agency which, if
1099	disclosed, would identify that officer or employee is exempt
1100	from the provisions of subsection (1) and s. 24(a), Art. I of
1101	the State Constitution. However, such information may be
1102	disclosed if the person to whom the information pertains or the
1103	person's legal representative provides written permission or
1104	pursuant to court order.
1105	(w)1. If certified pursuant to subparagraph 2., an
1106	investigatory record of the Chief Inspector General within the
1107	Executive Office of the Governor or of the employee designated
1108	by an agency head as the agency inspector general under s.
1109	112.3189 is exempt from the provisions of subsection (1) and s.
1110	24(a), Art. I of the State Constitution until the investigation
1111	ceases to be active, or a report detailing the investigation is
1112	provided to the Governor or the agency head, or 60 days from the
1113	inception of the investigation for which the record was made or
1114	received, whichever first occurs. Investigatory records are
1115	those records which are related to the investigation of an
1116	alleged, specific act or omission or other wrongdoing, with
1117	respect to an identifiable person or group of persons, based on
1118	information compiled by the Chief Inspector General or by an
1119	agency inspector general, as named under the provisions of s.
1120	112.3189, in the course of an investigation. An investigation is
1121	active if it is continuing with a reasonable, good faith
1122	anticipation of resolution and with reasonable dispatch.
1123	2. The Governor, in the case of the Chief Inspector
1124	General, or agency head, in the case of an employee designated
1125	as the agency inspector general under s. 112.3189, may certify
1126	such investigatory records require an exemption to protect the
1127	integrity of the investigation or avoid unwarranted damage to an
1128	individual's good name or reputation. The certification shall
1129	specify the nature and purpose of the investigation and shall be
1130	kept with the exempt records and made public when the records
1131	are made public.
1132	3. The provisions of this paragraph do not apply to
1133	whistle-blower investigations conducted pursuant to the
1134	provisions of ss. 112.3187, 112.3188, 112.3189, and 112.31895.
1135	(x) The social security numbers of all current and former
1136	agency employees which numbers are contained in agency
1137	employment records are exempt from subsection (1) and exempt
1138	froms. 24(a), Art. I of the State Constitution. As used in
1139	this paragraph, the term "agency" means an agency as defined in
1140	s. 119.011.
1141	(y) The audit report of an internal auditor prepared for
1142	or on behalf of a unit of local government becomes a public
1143	record when the audit becomes final. As used in this paragraph,
1144	"unit of local government" means a county, municipality, special
1145	district, local agency, authority, consolidated city-county
1146	government, or any other local governmental body or public body
1147	corporate or politic authorized or created by general or special
1148	law. An audit becomes final when the audit report is presented
1149	to the unit of local government. Audit workpapers and notes
1150	related to such audit report are confidential and exempt from
1151	the provisions of subsection (1) and s. 24(a), Art. I of the
1152	State Constitution until the audit is completed and the audit
1153	report becomes final.
1154	(z) Any data, record, or document used directly or solely
1155	by a municipally owned utility to prepare and submit a bid
1156	relative to the sale, distribution, or use of any service,
1157	commodity, or tangible personal property to any customer or
1158	prospective customer shall be exempt from the provisions of
1159	subsection (1) and s. 24(a), Art. I of the State Constitution.
1160	This exemption commences when a municipal utility identifies in
1161	writing a specific bid to which it intends to respond. This
1162	exemption no longer applies when the contract for sale,
1163	distribution, or use of the service, commodity, or tangible
1164	personal property is executed, a decision is made not to execute
1165	such contract, or the project is no longer under active
1166	consideration. The exemption in this paragraph includes the bid
1167	documents actually furnished in response to the request for
1168	bids. However, the exemption for the bid documents submitted no
1169	longer applies after the bids are opened by the customer or
1170	prospective customer.
1171	(aa) Upon a request made in a form designated by the
1172	Department of Highway Safety and Motor Vehicles, personal
1173	information contained in a motor vehicle record that identifies
1174	the requester is exempt from subsection (1) and s. 24(a), Art. I
1175	of the State Constitution except as provided in this paragraph.
1176	Personal information includes, but is not limited to, the
1177	requester's social security number, driver identification
1178	number, name, address, telephone number, and medical or
1179	disability information. For purposes of this paragraph,
1180	personal information does not include information relating to
1181	vehicular crashes, driving violations, and driver's status.
1182	Such request may be made only by the person who is the subject
1183	of the motor vehicle record. For purposes of this paragraph,
1184	"motor vehicle record" means any record that pertains to a motor
1185	vehicle operator's permit, motor vehicle title, motor vehicle
1186	registration, or identification card issued by the Department of
1187	Highway Safety and Motor Vehicles. Personal information
1188	contained in motor vehicle records exempted by an individual's
1189	request pursuant to this paragraph shall be released by the
1190	department for any of the following uses:
1191	1. For use in connection with matters of motor vehicle or
1192	driver safety and theft; motor vehicle emissions; motor vehicle
1193	product alterations, recalls, or advisories; performance
1194	monitoring of motor vehicles and dealers by motor vehicle
1195	manufacturers; and removal of nonowner records from the original
1196	owner records of motor vehicle manufacturers, to carry out the
1197	purposes of the Automobile Information Disclosure Act, the Motor
1198	Vehicle Information and Cost Saving Act, the National Traffic
1199	and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
1200	1992, and the Clean Air Act.
1201	2. For use by any government agency, including any court
1202	or law enforcement agency, in carrying out its functions, or any
1203	private person or entity acting on behalf of a federal, state,
1204	or local agency in carrying out its functions.
1205	3. For use in connection with matters of motor vehicle or
1206	driver safety and theft; motor vehicle emissions; motor vehicle
1207	product alterations, recalls, or advisories; performance
1208	monitoring of motor vehicles, motor vehicle parts, and dealers;
1209	motor vehicle market research activities, including survey
1210	research; and removal of nonowner records from the original
1211	owner records of motor vehicle manufacturers.
1212	4. For use in the normal course of business by a
1213	legitimate business or its agents, employees, or contractors,
1214	but only:
1215	a. To verify the accuracy of personal information
1216	submitted by the individual to the business or its agents,
1217	employees, or contractors; and
1218	b. If such information as so submitted is not correct or
1219	is no longer correct, to obtain the correct information, but
1220	only for the purposes of preventing fraud by, pursuing legal
1221	remedies against, or recovering on a debt or security interest
1222	against, the individual.
1223	5. For use in connection with any civil, criminal,
1224	administrative, or arbitral proceeding in any court or agency or
1225	before any self-regulatory body for:
1226	a. Service of process by any certified process server,
1227	special process server, or other person authorized to serve
1228	process in this state.
1229	b. Investigation in anticipation of litigation by an
1230	attorney licensed to practice law in this state or the agent of
1231	the attorney.
1232	c. Investigation by any person in connection with any
1233	filed proceeding.
1234	d. Execution or enforcement of judgments and orders. e.
1235	Compliance with an order of any court.
1236	6. For use in research activities and for use in producing
1237	statistical reports, so long as the personal information is not
1238	published, redisclosed, or used to contact individuals.
1239	7. For use by any insurer or insurance support
1240	organization, or by a self-insured entity, or its agents,
1241	employees, or contractors, in connection with claims
1242	investigation activities, anti-fraud activities, rating, or
1243	underwriting.
1244	8. For use in providing notice to the owners of towed or
1245	impounded vehicles.
1246	9. For use by any licensed private investigative agency or
1247	licensed security service for any purpose permitted under this
1248	paragraph. Personal information obtained based on an exempt
1249	driver's record may not be provided to a client who cannot
1250	demonstrate a need based on a police report, court order, or a
1251	business or personal relationship with the subject of the
1252	investigation.
1253	10. For use by an employer or its agent or insurer to
1254	obtain or verify information relating to a holder of a
1255	commercial driver's license that is required under the
1256	Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App.
1257	2710 et seq.
1258	11. For use in connection with the operation of private
1259	toll transportation facilities.
1260	12. For bulk distribution for surveys, marketing, or
1261	solicitations when the department has implemented methods and
1262	procedures to ensure that:
1263	a. Individuals are provided an opportunity, in a clear and
1264	conspicuous manner, to prohibit such uses; and
1265	b. The information will be used, rented, or sold solely
1266	for bulk distribution for survey, marketing, and solicitations,
1267	and that surveys, marketing, and solicitations will not be
1268	directed at those individuals who have timely requested that
1269	they not be directed at them.
1270	13. For any use if the requesting person demonstrates that
1271	he or she has obtained the written consent of the person who is
1272	the subject of the motor vehicle record.
1273	14. For any other use specifically authorized by state
1274	law, if such use is related to the operation of a motor vehicle
1275	or public safety.
1276
1277	Personal information exempted from public disclosure according
1278	to this paragraph may be disclosed by the Department of Highway
1279	Safety and Motor Vehicles to an individual, firm, corporation,
1280	or similar business entity whose primary business interest is to
1281	resell or redisclose the personal information to persons who are
1282	authorized to receive such information. Prior to the
1283	department's disclosure of personal information, such
1284	individual, firm, corporation, or similar business entity must
1285	first enter into a contract with the department regarding the
1286	care, custody, and control of the personal information to ensure
1287	compliance with the federal Driver's Privacy Protection Act of
1288	1994 and applicable state laws. An authorized recipient of
1289	personal information contained in a motor vehicle record, except
1290	a recipient under subparagraph 12., may contract with the
1291	Department of Highway Safety and Motor Vehicles to resell or
1292	redisclose the information for any use permitted under this
1293	paragraph. However, only authorized recipients of personal
1294	information under subparagraph 12. may resell or redisclose
1295	personal information pursuant to subparagraph 12. Any
1296	authorized recipient who resells or rediscloses personal
1297	information shall maintain, for a period of 5 years, records
1298	identifying each person or entity that receives the personal
1299	information and the permitted purpose for which it will be used.
1300	Such records shall be made available for inspection upon request
1301	by the department. The department shall adopt rules to carry out
1302	the purposes of this paragraph and the federal Driver's Privacy
1303	Protection Act of 1994, Title XXX, Pub. L. No. 103-322. Rules
1304	adopted by the department shall provide for the payment of
1305	applicable fees and, prior to the disclosure of personal
1306	information pursuant to this paragraph, shall require the
1307	meeting of conditions by the requesting person for the purposes
1308	of obtaining reasonable assurance concerning the identity of
1309	such requesting person, and, to the extent required, assurance
1310	that the use will be only as authorized or that the consent of
1311	the person who is the subject of the personal information has
1312	been obtained. Such conditions may include, but need not be
1313	limited to, the making and filing of a written application in
1314	such form and containing such information and certification
1315	requirements as the department requires.
1316	(bb) 1. Medical history records, bank account numbers,
1317	credit card numbers, telephone numbers, and information related
1318	to health or property insurance furnished by an individual to
1319	any agency pursuant to federal, state, or local housing
1320	assistance programs are confidential and exempt from the
1321	provisions of subsection (1) and s. 24(a), Art. I of the State
1322	Constitution. Any other information produced or received by any
1323	private or public entity in direct connection with federal,
1324	state, or local housing assistance programs, unless the subject
1325	of another federal or state exemption, is subject to subsection
1326	(1).
1327	2. Governmental agencies or their agents are entitled to
1328	access to the records specified in this paragraph for the
1329	purposes of auditing federal, state, or local housing programs
1330	or housing assistance programs. Such records may be used by an
1331	agency, as needed, in any administrative or judicial proceeding,
1332	provided such records are kept confidential and exempt, unless
1333	otherwise ordered by a court.
1334	3. This paragraph is repealed effective October 2, 2003,
1335	and must be reviewed by the Legislature before that date in
1336	accordance with s. 119.15, the Open Government Sunset Review Act
1337	of 1995.
1338	(cc) All personal identifying information; bank account
1339	numbers; and debit, charge, and credit card numbers contained in
1340	records relating to an individual's personal health or
1341	eligibility for health-related services made or received by the
1342	Department of Health or its service providers are confidential
1343	and exempt from the provisions of subsection (1) and s. 24(a),
1344	Art. I of the State Constitution, except as otherwise provided
1345	in this paragraph. Information made confidential and exempt by
1346	this paragraph shall be disclosed:
1347	1. With the express written consent of the individual or
1348	the individual's legally authorized representative.
1349	2. In a medical emergency, but only to the extent
1350	necessary to protect the health or life of the individual.
1351	3. By court order upon a showing of good cause.
1352	4. To a health research entity, if the entity seeks the
1353	records or data pursuant to a research protocol approved by the
1354	department, maintains the records or data in accordance with the
1355	approved protocol, and enters into a purchase and data-use
1356	agreement with the department, the fee provisions of which are
1357	consistent with subsection (4)paragraph (1)(a). The department
1358	may deny a request for records or data if the protocol provides
1359	for intrusive follow-back contacts, has not been approved by a
1360	human studies institutional review board, does not plan for the
1361	destruction of confidential records after the research is
1362	concluded, is administratively burdensome, or does not have
1363	scientific merit. The agreement must restrict the release of
1364	any information, which would permit the identification of
1365	persons, limit the use of records or data to the approved
1366	research protocol, and prohibit any other use of the records or
1367	data. Copies of records or data issued pursuant to this
1368	subparagraph remain the property of the department.
1369
1370	This paragraph is subject to the Open Government Sunset Review
1371	Act of 1995, in accordance with s. 119.15, and shall stand
1372	repealed on October 2, 2006, unless reviewed and saved from
1373	repeal through reenactment by the Legislature.
1374	(dd) Bank account numbers and debit, charge, and credit
1375	card numbers held by an agency are exempt from subsection (1)
1376	and s. 24(a), Art. I of the State Constitution. This exemption
1377	applies to bank account numbers and debit, charge, and credit
1378	card numbers held by an agency before, on, or after the
1379	effective date of this exemption. This paragraph is subject to
1380	the Open Government Sunset Review Act of 1995 in accordance with
1381	s. 119.15, and shall stand repealed on October 2, 2007, unless
1382	reviewed and saved from repeal through reenactment by the
1383	Legislature.
1384	(ee) Building plans, blueprints, schematic drawings, and
1385	diagrams, including draft, preliminary, and final formats, which
1386	depict the internal layout and structural elements of a
1387	building, arena, stadium, water treatment facility, or other
1388	structure owned or operated by an agency as defined in s.
1389	119.011 are exempt from the provisions of subsection (1) and s.
1390	24(a), Art. I of the State Constitution. This exemption applies
1391	to building plans, blueprints, schematic drawings, and diagrams,
1392	including draft, preliminary, and final formats, which depict
1393	the internal layout and structural elements of a building,
1394	arena, stadium, water treatment facility, or other structure
1395	owned or operated by an agency before, on, or after the
1396	effective date of this act. Information made exempt by this
1397	paragraph may be disclosed to another governmental entity if
1398	disclosure is necessary for the receiving entity to perform its
1399	duties and responsibilities; to a licensed architect, engineer,
1400	or contractor who is performing work on or related to the
1401	building, arena, stadium, water treatment facility, or other
1402	structure owned or operated by an agency; or upon a showing of
1403	good cause before a court of competent jurisdiction. The
1404	entities or persons receiving such information shall maintain
1405	the exempt status of the information. This paragraph is subject
1406	to the Open Government Sunset Review Act of 1995 in accordance
1407	with s. 119.15, and shall stand repealed on October 2, 2007,
1408	unless reviewed and reenacted by the Legislature.
1409	(ff)1. Until January 1, 2006, if a social security number,
1410	made confidential and exempt pursuant to s. 119.0721119.072,
1411	created pursuant to s. 1, ch. 2002-256, passed during the 2002
1412	regular legislative session,or a complete bank account, debit,
1413	charge, or credit card number made exempt pursuant to s.
1414	119.07(6)(dd)(ee), created pursuant to s. 1, ch. 2002-257,
1415	passed during the 2002 regular legislative session,is or has
1416	been included in a court file, such number may be included as
1417	part of the court record available for public inspection and
1418	copying unless redaction is requested by the holder of such
1419	number, or by the holder's attorney or legal guardian, in a
1420	signed, legibly written request specifying the case name, case
1421	number, document heading, and page number. The request must be
1422	delivered by mail, facsimile, electronic transmission, or in
1423	person to the clerk of the circuit court. The clerk of the
1424	circuitcourt does not have a duty to inquire beyond the written
1425	request to verify the identity of a person requesting redaction.
1426	A fee may not be charged for the redaction of a social security
1427	number or a bank account, debit, charge, or credit card number
1428	pursuant to such request.
1429	2. Any person who prepares or files a document to be
1430	recorded in the official records by the county recorder as
1431	provided in chapter 28 may not include a person's social
1432	security number or complete bank account, debit, charge, or
1433	credit card number in that document unless otherwise expressly
1434	required by law. Until January 1, 2006, if a social security
1435	number or a complete bank account, debit, charge or credit card
1436	number is or has been included in a document presented to the
1437	county recorder for recording in the official records of the
1438	county, such number may be made available as part of the
1439	official record available for public inspection and copying. Any
1440	person, or his or her attorney or legal guardian, may request
1441	that a county recorder remove from an image or copy of an
1442	official record placed on a county recorder's publicly available
1443	Internet website, or a publicly available Internet website used
1444	by a county recorder to display public records outside the
1445	office or otherwise made electronically available outside the
1446	county recorder's office to the general public, his or her
1447	social security number or complete bankaccount, debit, charge,
1448	or credit card number contained in that official record. Such
1449	request must be legibly written, signed by the requester, and
1450	delivered by mail, facsimile, electronic transmission, or in
1451	person to the county recorder. The request must specify the
1452	identification page number of the document that contains the
1453	number to be redacted. The county recorder does not have a duty
1454	to inquire beyond the written request to verify the identity of
1455	a person requesting redaction. A fee may not be charged for
1456	redacting such numbers.
1457	3. Upon the effective date of this act, subsections (3)
1458	and (4) of s. 119.0721119.072,do not apply to the clerks of
1459	the circuitcourt or the county recorder with respect to court
1460	records and official records.
1461	4. On January 1, 2006, and thereafter, the clerk of the
1462	circuitcourt and the county recorder must keep complete bank
1463	account, debit, charge, and credit card numbers exempt as
1464	provided for in s. 119.07(6)(dd)(3)(ee), and must keep social
1465	security numbers confidential and exempt as provided for in s.
1466	119.0721119.072, without any person having to request
1467	redaction.
1468	(gg) Any videotape or video signal which, under an
1469	agreement with an agency, is produced, made, or received by, or
1470	is in the custody of, a federally licensed radio or television
1471	station or its agent is exempt from this chapter.
1472	(7)(4)Nothing in this section shall be construed to
1473	exempt from subsection (1) a public record which was made a part
1474	of a court file and which is not specifically closed by order of
1475	court, except as provided in paragraphs (c), (d), (e), (k), (l),
1476	and (o) of subsection (6)(3)and except information or records
1477	which may reveal the identity of a person who is a victim of a
1478	sexual offense as provided in paragraph (f) of subsection (6)
1479	(3).
1480	(5) An exemption from this section does not imply an
1481	exemption from or exception to s. 286.011. The exemption from
1482	or exception to s. 286.011 must be expressly provided.
1483	(8)(6) Nothing in subsection (6)(3)or any other general
1484	or special law shall limit the access of the Auditor General,
1485	the Office of Program Policy Analysis and Government
1486	Accountability, or any state, county, municipal, university,
1487	board of community college, school district, or special district
1488	internal auditor to public records when such person states in
1489	writing that such records are needed for a properly authorized
1490	audit, examination, or investigation. Such person shall
1491	maintain the exempt orconfidential statusconfidentiality of a
1492	any public recordrecords that is exempt or are confidential or
1493	exemptfrom the provisions of subsection (1) and shall be
1494	subject to the same penalties as the custodiancustodians of
1495	that recordthose public records for public disclosure of such
1496	recordviolating confidentiality.
1497	(7)(a) Any person or organization, including the
1498	Department of Children and Family Services, may petition the
1499	court for an order making public the records of the Department
1500	of Children and Family Services that pertain to investigations
1501	of alleged abuse, neglect, abandonment, or exploitation of a
1502	child or a vulnerable adult. The court shall determine if good
1503	cause exists for public access to the records sought or a
1504	portion thereof. In making this determination, the court shall
1505	balance the best interest of the vulnerable adult or child who
1506	is the focus of the investigation, and in the case of the child,
1507	the interest of that child's siblings, together with the privacy
1508	right of other persons identified in the reports against the
1509	public interest. The public interest in access to such records
1510	is reflected in s. 119.01(1), and includes the need for citizens
1511	to know of and adequately evaluate the actions of the Department
1512	of Children and Family Services and the court system in
1513	providing vulnerable adults and children of this state with the
1514	protections enumerated in ss. 39.001 and 415.101. However, this
1515	subsection does not contravene ss. 39.202 and 415.107, which
1516	protect the name of any person reporting the abuse, neglect, or
1517	exploitation of a child or a vulnerable adult.
1518	(b) In cases involving serious bodily injury to a child or
1519	a vulnerable adult, the Department of Children and Family
1520	Services may petition the court for an order for the immediate
1521	public release of records of the department which pertain to the
1522	protective investigation. The petition must be personally
1523	served upon the child or vulnerable adult, the child's parents
1524	or guardian, the legal guardian of that person, if any, and any
1525	person named as an alleged perpetrator in the report of abuse,
1526	neglect, abandonment, or exploitation. The court must determine
1527	if good cause exists for the public release of the records
1528	sought no later than 24 hours, excluding Saturdays, Sundays, and
1529	legal holidays, after the date the department filed the petition
1530	with the court. If the court has neither granted nor denied the
1531	petition within the 24-hour time period, the department may
1532	release to the public summary information including:
1533	1. A confirmation that an investigation has been conducted
1534	concerning the alleged victim.
1535	2. The dates and brief description of procedural
1536	activities undertaken during the department's investigation.
1537	3. The date of each judicial proceeding, a summary of each
1538	participant's recommendations made at the judicial proceedings,
1539	and the rulings of the court.
1540
1541	The summary information may not include the name of, or other
1542	identifying information with respect to, any person identified
1543	in any investigation. In making a determination to release
1544	confidential information, the court shall balance the best
1545	interests of the vulnerable adult or child who is the focus of
1546	the investigation and, in the case of the child, the interests
1547	of that child's siblings, together with the privacy rights of
1548	other persons identified in the reports against the public
1549	interest for access to public records. However, this paragraph
1550	does not contravene ss. 39.202 and 415.107, which protect the
1551	name of any person reporting abuse, neglect, or exploitation of
1552	a child or a vulnerable adult.
1553	(c) When the court determines that good cause for public
1554	access exists, the court shall direct that the department redact
1555	the name of and other identifying information with respect to
1556	any person identified in any protective investigation report
1557	until such time as the court finds that there is probable cause
1558	to believe that the person identified committed an act of
1559	alleged abuse, neglect, or abandonment.
1560	(9)(8)The provisions of this section are not intended to
1561	expand or limit the provisions of Rule 3.220, Florida Rules of
1562	Criminal Procedure, regarding the right and extent of discovery
1563	by the state or by a defendant in a criminal prosecution or in
1564	collateral postconviction proceedings. This section may not be
1565	used by any inmate as the basis for failing to timely litigate
1566	any postconviction action.
1567	Section 9. Section 119.08, Florida Statutes, is repealed.
1568	Section 10. Section 119.084, Florida Statutes, is amended
1569	to read:
1570	119.084 Definitions; copyright of data processing software
1571	created by governmental agencies; sale price and licensing fee;
1572	access to public records; prohibited contracts.--
1573	(1) As used in this section, the term:
1574	(a)"agency" has the same meaning as in s. 119.011(2),
1575	except that the term does not include any private agency,
1576	person, partnership, corporation, or business entity.
1577	(b) "Data processing software" means the programs and
1578	routines used to employ and control the capabilities of data
1579	processing hardware, including, but not limited to, operating
1580	systems, compilers, assemblers, utilities, library routines,
1581	maintenance routines, applications, and computer networking
1582	programs.
1583	(c) "Proprietary software" means data processing software
1584	that is protected by copyright or trade secret laws.
1585	(2) Any agency is authorized to acquire and hold
1586	copyrights for data processing software created by the agency
1587	and to enforce its rights pertaining to such copyrights,
1588	provided that the agency complies with the requirements of this
1589	section.
1590	(a) Any agency that has acquired a copyright for data
1591	processing software created by the agency may sell or license
1592	the copyrighted data processing software to any public agency or
1593	private person and may establish a price for the sale and a
1594	license fee for the use of such data processing software.
1595	Proceeds from the sale or licensing of copyrighted data
1596	processing software shall be deposited by the agency into a
1597	trust fund for the agency's appropriate use for authorized
1598	purposes. Counties, municipalities, and other political
1599	subdivisions of the state may designate how such sale and
1600	licensing proceeds are to be used. The price for the sale of
1601	and the fee for the licensing of copyrighted data processing
1602	software may be based on market considerations. However, the
1603	prices or fees for the sale or licensing of copyrighted data
1604	processing software to an individual or entity solely for
1605	application to information maintained or generated by the agency
1606	that created the copyrighted data processing software shall be
1607	determined pursuant to s. 119.07(4)(1).
1608	(b) The provisions of this subsection are supplemental to,
1609	and shall not supplant or repeal, any other provision of law
1610	that authorizes an agency to acquire and hold copyrights.
1611	(3) Subject to the restrictions of copyright and trade
1612	secret laws and public records exemptions, agency use of
1613	proprietary software must not diminish the right of the public
1614	to inspect and copy a public record.
1615	(4) An agency must consider when designing or acquiring an
1616	electronic recordkeeping system that such system is capable of
1617	providing data in some common format such as, but not limited
1618	to, the American Standard Code for Information Interchange.
1619	(5) Each agency that maintains a public record in an
1620	electronic recordkeeping system shall provide to any person,
1621	pursuant to this chapter, a copy of any public record in that
1622	system which is not exempted by law from public disclosure. An
1623	agency must provide a copy of the record in the medium requested
1624	if the agency maintains the record in that medium, and the
1625	agency may charge a fee which shall be in accordance with this
1626	chapter. For the purpose of satisfying a public records request,
1627	the fee to be charged by an agency if it elects to provide a
1628	copy of a public record in a medium not routinely used by the
1629	agency, or if it elects to compile information not routinely
1630	developed or maintained by the agency or that requires a
1631	substantial amount of manipulation or programming, must be in
1632	accordance with s. 119.07(1)(b).
1633	(6) An agency may not enter into a contract for the
1634	creation or maintenance of a public records database if that
1635	contract impairs the ability of the public to inspect or copy
1636	the public records of that agency, including public records that
1637	are on-line or stored in an electronic recordkeeping system used
1638	by the agency. Such contract may not allow any impediment that
1639	as a practical matter makes it more difficult for the public to
1640	inspect or copy the records than to inspect or copy the agency's
1641	records. The fees and costs for the production of such records
1642	may not be more than the fees or costs charged by the agency.
1643	(3)(7)This section is subject to the Open Government
1644	Sunset Review Act of 1995 in accordance with s. 119.15 and shall
1645	stand repealed on October 2, 2006, unless reviewed and saved
1646	from repeal through reenactment by the Legislature.
1647	Section 11. Sections 119.085 and 119.09, Florida Statutes,
1648	are repealed.
1649	Section 12. Section 119.10, Florida Statutes, is amended
1650	to read:
1651	119.10 Violation of chapter; penalties.--
1652	(1) Any public officer who violates any provision of this
1653	chapter is guilty of a noncriminal infraction, punishable by
1654	fine not exceeding $500.
1655	(2) Any person who willfully and knowingly violates:
1656	violating
1657	(a) Any of the provisions of this chapter commitsis
1658	guilty ofa misdemeanor of the first degree, punishable as
1659	provided in s. 775.082 or s. 775.083.
1660	(b)(3)SectionAny person who willfully and knowingly
1661	violates s.119.105 commits a felony of the third degree,
1662	punishable as provided in s. 775.082, s. 775.083, or s.775.084.
1663	Section 13. Section 119.105, Florida Statutes, is amended
1664	to read:
1665	119.105 Protection of victims of crimes or
1666	accidents.--Police reports are public records except as
1667	otherwise made exempt or confidential by general or special law.
1668	Every person is allowed to examine nonexempt or nonconfidential
1669	police reports. No person who inspects or copies police reports
1670	for the purpose of obtaining the names and addresses of the
1671	victims of crimes or accidents shall use any information
1672	contained therein for any commercial solicitation of the victims
1673	or relatives of the victims of the reported crimes or accidents.
1674	Nothing herein shall prohibit the publication of such
1675	information by any news media or the use of such information for
1676	any other data collection or analysis purposes.
1677	Section 14. Paragraph (a) of subsection (1) of section
1678	120.55, Florida Statutes, is amended to read:
1679	120.55 Publication.--
1680	(1) The Department of State shall:
1681	(a)1. Through a continuous revision system, compile and
1682	publish the "Florida Administrative Code." The Florida
1683	Administrative Code shall containPublish in a permanent
1684	compilation entitled "Florida Administrative Code"all rules
1685	adopted by each agency, citing the specific rulemaking authority
1686	pursuant to which each rule was adopted, all history notes as
1687	authorized in s. 120.545(9), and complete indexes to all rules
1688	contained in the code. Supplementation shall be made as often
1689	as practicable, but at least monthly. The department may
1690	contract with a publishing firm for the publication, in a timely
1691	and useful form, of the Florida Administrative Code; however,
1692	the department shall retain responsibility for the code as
1693	provided in this section. This publication shall be the
1694	official compilation of the administrative rules of this state.
1695	The Department of State shall retain the copyright over the
1696	Florida Administrative Code.
1697	2. Rules general in form but applicable to only one school
1698	district, community college district, or county, or a part
1699	thereof, or state university rules relating to internal
1700	personnel or business and finance shall not be published in the
1701	Florida Administrative Code. Exclusion from publication in the
1702	Florida Administrative Code shall not affect the validity or
1703	effectiveness of such rules.
1704	3. At the beginning of the section of the code dealing
1705	with an agency that files copies of its rules with the
1706	department, the department shall publish the address and
1707	telephone number of the executive offices of each agency, the
1708	manner by which the agency indexes its rules, a listing of all
1709	rules of that agency excluded from publication in the code, and
1710	a statement as to where those rules may be inspected.
1711	4. Forms shall not be published in the Florida
1712	Administrative Code; but any form which an agency uses in its
1713	dealings with the public, along with any accompanying
1714	instructions, shall be filed with the committee before it is
1715	used. Any form or instruction which meets the definition of
1716	"rule" provided in s. 120.52 shall be incorporated by reference
1717	into the appropriate rule. The reference shall specifically
1718	state that the form is being incorporated by reference and shall
1719	include the number, title, and effective date of the form and an
1720	explanation of how the form may be obtained.
1721	Section 15. Paragraph (b) of subsection (2) of section
1722	257.36, Florida Statutes, is amended to read:
1723	257.36 Records and information management.--
1724	(2)
1725	(b) Title to any record detained in any records center
1726	shall remain in the agency transferring such record to the
1727	division. When the Legislature transfers any duty or
1728	responsibility of an agency to another agency, the receiving
1729	agency shall be the custodian of public records with regard to
1730	the public records associated with that transferred duty or
1731	responsibility and shall be responsible for the records storage
1732	service charges of the division. If an agency is dissolved and
1733	the legislation dissolving that agency does not assign an
1734	existing agency as the custodian of public records for the
1735	dissolved agency's records, then the Cabinet is the custodian of
1736	public records for the dissolved agency, unless the Cabinet
1737	otherwise designates a custodian. The Cabinet or the agency
1738	designated by the Cabinet shall be responsible for the records
1739	storage service charges of the division.
1740	Section 16. Subsection (5) of section 328.15, Florida
1741	Statutes, is amended to read:
1742	328.15 Notice of lien on vessel; recording.--
1743	(5) The Department of Highway Safety and Motor Vehicles
1744	shall make such rules and regulations as it deems necessary or
1745	proper for the effective administration of this law. The
1746	department may by rule require that a notice of satisfaction of
1747	a lien be notarized. The department shall prepare the forms of
1748	the notice of lien and the satisfaction of lien to be supplied,
1749	at a charge not to exceed 50 percent more than cost, to
1750	applicants for recording the liens or satisfactions and shall
1751	keep a permanentrecord of such notices of lien and
1752	satisfactions available for inspection by the public at all
1753	reasonable times. The division is authorized to furnish
1754	certified copies of such satisfactions for a fee of $1, which
1755	certified copies shall be admissible in evidence in all courts
1756	of this state under the same conditions and to the same effect
1757	as certified copies of other public records.
1758	Section 17. Subsection (4) of section 372.5717, Florida
1759	Statutes, is amended to read:
1760	372.5717 Hunter safety course; requirements; penalty.--
1761	(4) The commission shall issue a permanent hunter safety
1762	certification card to each person who successfully completes the
1763	hunter safety course. The commission shall maintain permanent
1764	records of hunter safety certification cards issued and shall
1765	establish procedures for replacing lost or destroyed cards.
1766	Section 18. Section 415.1071, Florida Statutes, is created
1767	to read:
1768	415.1071 Release of confidential information.--
1769	(1) Any person or organization, including the Department
1770	of Children and Family Services, may petition the court for an
1771	order making public the records of the Department of Children
1772	and Family Services that pertain to investigations of alleged
1773	abuse, neglect, or exploitation of a vulnerable adult. The court
1774	shall determine whether good cause exists for public access to
1775	the records sought or a portion thereof. In making this
1776	determination, the court shall balance the best interest of the
1777	vulnerable adult who is the focus of the investigation, together
1778	with the privacy right of other persons identified in the
1779	reports, against the public interest. The public interest in
1780	access to such records is reflected in s. 119.01(1) and includes
1781	the need for citizens to know of and adequately evaluate the
1782	actions of the Department of Children and Family Services and
1783	the court system in providing vulnerable adults of this state
1784	with the protections enumerated in s. 415.101. However, this
1785	subsection does not contravene s. 415.107, which protects the
1786	name of any person reporting the abuse, neglect, or exploitation
1787	of a vulnerable adult.
1788	(2) In cases involving serious bodily injury to a
1789	vulnerable adult, the Department of Children and Family Services
1790	may petition the court for an order for the immediate public
1791	release of records of the department which pertain to the
1792	protective investigation. The petition must be personally served
1793	upon the vulnerable adult, the legal guardian of that person, if
1794	any, and any person named as an alleged perpetrator in the
1795	report of abuse, neglect, or exploitation. The court must
1796	determine whether good cause exists for the public release of
1797	the records sought no later than 24 hours, excluding Saturdays,
1798	Sundays, and legal holidays, after the date the department filed
1799	the petition with the court. If the court has neither granted
1800	nor denied the petition within the 24-hour time period, the
1801	department may release to the public summary information
1802	including:
1803	(a) A confirmation that an investigation has been
1804	conducted concerning the alleged victim.
1805	(b) The dates and brief description of procedural
1806	activities undertaken during the department's investigation.
1807	(c) The date of each judicial proceeding, a summary of
1808	each participant's recommendations made at the judicial
1809	proceeding, and the ruling of the court.
1810
1811	The summary information may not include the name of, or other
1812	identifying information with respect to, any person identified
1813	in any investigation. In making a determination to release
1814	confidential information, the court shall balance the best
1815	interests of the vulnerable adult who is the focus of the
1816	investigation, together with the privacy rights of other persons
1817	identified in the reports, against the public interest for
1818	access to public records. However, this subsection does not
1819	contravene s. 415.107, which protects the name of any person
1820	reporting abuse, neglect, or exploitation of a vulnerable adult.
1821	(3) When the court determines that good cause for public
1822	access exists, the court shall direct that the department redact
1823	the name of and other identifying information with respect to
1824	any person identified in any protective investigation report
1825	until such time as the court finds that there is probable cause
1826	to believe that the person identified committed an act of
1827	alleged abuse, neglect, or exploitation.
1828	Section 19. Subsection (2) of section 560.121, Florida
1829	Statutes, is amended to read:
1830	560.121 Records; limited restrictions upon public access.--
1831	(2) Examination reports, investigatory records,
1832	applications, and related information compiled by the
1833	department, or photographic copies thereof, shall be retained by
1834	the department for a period of at least 310 years from the date
1835	that the examination or investigation ceases to be active.
1836	Application records and related information compiled by the
1837	department, or photographic copies thereof, shall be retained by
1838	the department for a period of at least 2 years from the date
1839	that the registration ceases to be active.
1840	Section 20. Subsection (6) of section 560.123, Florida
1841	Statutes, is amended to read:
1842	560.123 Florida control of money laundering in the Money
1843	Transmitters' Code; reports of transactions involving currency
1844	or monetary instruments; when required; purpose; definitions;
1845	penalties; corpus delicti.--
1846	(6) The department must retain a copy of all reports
1847	received under subsection (5) for a minimum of 35calendar
1848	years after receipt of the report. However, if a report or
1849	information contained in a report is known by the department to
1850	be the subject of an existing criminal proceeding, the report
1851	must be retained for a minimum of 10 calendar years from the
1852	date of receipt.
1853	Section 21. Subsection (5) of section 560.129, Florida
1854	Statutes, is amended to read:
1855	560.129 Confidentiality.--
1856	(5) Examination reports, investigatory records,
1857	applications, and related information compiled by the
1858	department, or photographic copies thereof, shall be retained by
1859	the department for a period of at least 310 years from the date
1860	that the examination or investigation ceases to be active.
1861	Application records and related information compiled by the
1862	department, or photographic copies thereof, shall be retained by
1863	the department for a period of at least 2 years from the date
1864	that the registration ceases to be active.
1865	Section 22. Subsection (3) of section 624.311, Florida
1866	Statutes, is amended to read:
1867	624.311 Records; reproductions; destruction.--
1868	(3) The department may photograph, microphotograph, or
1869	reproduce on film, or maintain in an electronic recordkeeping
1870	systemwhereby each page will be reproduced in exact conformity
1871	with the original, all financial records, financial statements
1872	of domestic insurers, reports of business transacted in this
1873	state by foreign insurers and alien insurers, reports of
1874	examination of domestic insurers, and such other records and
1875	documents on file in its office as it may in its discretion
1876	select.
1877	Section 23. Subsection (1) of section 624.312, Florida
1878	Statutes, is amended to read:
1879	624.312 Reproductions and certified copies of records as
1880	evidence.--
1881	(1) Photographs or microphotographs in the form of film or
1882	prints, or other reproductions from an electronic recordkeeping
1883	system,of documents and records made under s. 624.311(3), or
1884	made under former s. 624.311(3) before October 1, 1982, shall
1885	have the same force and effect as the originals thereof and
1886	shall be treated as originals for the purpose of their
1887	admissibility in evidence. Duly certified or authenticated
1888	reproductions of such photographs or microphotographs or
1889	reproductions from an electronic recordkeeping systemshall be
1890	as admissible in evidence as the originals.
1891	Section 24. Subsection (2) of section 633.527, Florida
1892	Statutes, is amended to read:
1893	633.527 Records concerning applicant; extent of
1894	confidentiality.--
1895	(2) All examination test questions, answer sheets, and
1896	grades shall be retained for a period of 25years from the date
1897	of the examination.
1898	Section 25. Subsection (8) of section 655.50, Florida
1899	Statutes, is amended to read:
1900	655.50 Florida Control of Money Laundering in Financial
1901	Institutions Act; reports of transactions involving currency or
1902	monetary instruments; when required; purpose; definitions;
1903	penalties.--
1904	(8)(a) The department shall retain a copy of all reports
1905	received under subsection (4) for a minimum of 5 calendar years
1906	after receipt of the report. However, if a report or
1907	information contained in a report is known by the department to
1908	be the subject of an existing criminal proceeding, the report
1909	shall be retained for a minimum of 10 calendar years after
1910	receipt of the report.
1911	(a)(b)Each financial institution shall maintain for a
1912	minimum of 5 calendar years full and complete records of all
1913	financial transactions, including all records required by 31
1914	C.F.R. parts 103.33 and 103.34.
1915	(b)(c)The financial institution shall retain a copy of
1916	all reports filed with the department under subsection (4) for a
1917	minimum of 5 calendar years after submission of the report.
1918	However, if a report or information contained in a report is
1919	known by the financial institution to be the subject of an
1920	existing criminal proceeding, the report shall be retained for a
1921	minimum of 10 calendar years after submission of the report.
1922	(c)(d)The financial institution shall retain a copy of
1923	all records of exemption for each designation of exempt person
1924	made pursuant to subsection (6) for a minimum of 5 calendar
1925	years after termination of exempt status of such customer.
1926	However, if it is known by the financial institution that the
1927	customer or the transactions of the customer are the subject of
1928	an existing criminal proceeding, the records shall be retained
1929	for a minimum of 10 calendar years after termination of exempt
1930	status of such customer.
1931	Section 26. Section 945.25, Florida Statutes, is amended
1932	to read:
1933	945.25 Records.--
1934	(1) It shall be the duty of the Department of Corrections
1935	to obtain and place in its permanentrecords information as
1936	complete as practicablemay be practicably availableon every
1937	person who may be sentenced to supervision or incarceration
1938	under the jurisdiction of the departmentbecome subject to
1939	parole. Such information shall be obtained as soon as possible
1940	after imposition of sentence and shall, in the discretion of the
1941	department, include, among other things:
1942	(a) A copy of the indictment or information and a complete
1943	statement of the facts of the crime for which such person has
1944	been sentenced.
1945	(b) The court in which the person was sentenced.
1946	(c) The terms of the sentence.
1947	(d) The name of the presiding judge, the prosecuting
1948	officers, the investigating officers, and the attorneys for the
1949	person convicted.
1950	(e) A copy of all probation reports which may have been
1951	made.
1952	(f) Any social, physical, mental, psychiatric, or criminal
1953	record of such person.
1954	(2) The department, in its discretion, shall also obtain
1955	and place in its permanent records such information on every
1956	person who may be placed on probation, and on every person who
1957	may become subject to pardon and commutation of sentence.
1958	(3)It shall be the duty of the court and its prosecuting
1959	officials to furnish to the department upon its request such
1960	information and also to furnish such copies of such minutes and
1961	other records as may be in their possession or under their
1962	control.
1963	(3)(4)Following the initial hearing provided for in s.
1964	947.172(1), the commission shall prepare and the department
1965	shall include in the official record a copy of the seriousness-
1966	of-offense and favorable-parole-outcome scores and shall include
1967	a listing of the specific factors and information used in
1968	establishing a presumptive parole release date for the inmate.
1969	Section 27. Paragraph (e) of subsection (4) of section
1970	985.31, Florida Statutes, is amended to read:
1971	985.31 Serious or habitual juvenile offender.--
1972	(4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
1973	(e) The results of any serologic blood or urine test on a
1974	serious or habitual juvenile offender shall become a part of
1975	that child's permanentmedical file. Upon transfer of the child
1976	to any other designated treatment facility, such file shall be
1977	transferred in an envelope marked confidential. The results of
1978	any test designed to identify the human immunodeficiency virus,
1979	or its antigen or antibody, shall be accessible only to persons
1980	designated by rule of the department. The provisions of such
1981	rule shall be consistent with the guidelines established by the
1982	Centers for Disease Control and Prevention.
1983	Section 28. Paragraph (d) of subsection (6) of section
1984	212.095, Florida Statutes, is amended to read:
1985	212.095 Refunds.--
1986	(6)
1987	(d) The department shall keep a permanent record of the
1988	amount of refund claimed and paid to each claimant. Such records
1989	shall be open to public inspection.
1990	Section 29. Subsection (9) of section 238.03, Florida
1991	Statutes, is amended to read:
1992	238.03 Administration.--
1993	(9) The department is authorized to photograph and reduce
1994	to microfilm as a permanent record, its ledger sheets showing
1995	the salary and contributions of members of the retirement
1996	system, also the records of deceased members of the system and
1997	thereupon to destroy the documents from which such films are
1998	photographed.
1999	Section 30. Paragraph (a) of subsection (5) of section
2000	15.09, Florida Statutes, is amended to read:
2001	15.09 Fees.--
2002	(5)(a) There is created within the Department of State a
2003	Public Access Data Systems Trust Fund, which shall be used by
2004	the department to purchase information systems and equipment
2005	that provide greater public accessibility to the information and
2006	records maintained by it. Notwithstanding any other provision of
2007	law, the Divisions of Licensing, Elections, and Corporations of
2008	the department shall transfer each fiscal year to the Public
2009	Access Data Systems Trust Fund from their respective trust
2010	funds:
2011	1. An amount equal to 2 percent of all revenues received
2012	for the processing of documents, filings, or information
2013	requests.
2014	2. All public access network revenues collected pursuant
2015	to s. 15.16 or s. 119.01(2)(f)119.085.
2016	Section 31. Paragraph (f) of subsection (1) of section
2017	23.22, Florida Statutes, is amended to read:
2018	23.22 Paperwork reduction; activities of departments.--
2019	(1) In order to reduce the amount of paperwork associated
2020	with the collection of information from individuals, private-
2021	sector organizations, and local governments and to provide more
2022	efficient and effective assistance to such individuals and
2023	organizations in completing necessary paperwork required by the
2024	government, each department head shall, to the extent feasible:
2025	(f) Collaborate with the Division of Library and
2026	Information Services, pursuant to s. 119.021(2)(d)119.09, to
2027	identify and index records retention requirements placed on
2028	private-sector organizations and local governments in Florida,
2029	clarify and reduce the requirements, and educate the affected
2030	entities through various communications media, including voice,
2031	data, video, radio, and image.
2032	Section 32. Subsection (2) of section 27.151, Florida
2033	Statutes, is amended to read:
2034	27.151 Confidentiality of specified executive orders;
2035	criteria.--
2036	(2) The Governor shall consider the purposes specified in
2037	s. 119.15 and the provisions of s. 24, Art. I of the State
2038	Constitution when makingbase his or her decision to makean
2039	executive order confidential on the criteria set forth in s.
2040	119.14.
2041	Section 33. Paragraph (d) of subsection (1) of section
2042	101.5607, Florida Statutes, is amended to read:
2043	101.5607 Department of State to maintain voting system
2044	information; prepare software.--
2045	(1)
2046	(d) Section 119.07(6)(3)(o) applies to all software on
2047	file with the Department of State.
2048	Section 34. Paragraph (b) of subsection (2) of section
2049	112.533, Florida Statutes, is amended to read:
2050	112.533 Receipt and processing of complaints.--
2051	(2)
2052	(b) This subsection does not apply to any public record
2053	which is exempt from public disclosure pursuant to s.
2054	119.07(6)(3). For the purposes of this subsection, an
2055	investigation shall be considered active as long as it is
2056	continuing with a reasonable, good faith anticipation that an
2057	administrative finding will be made in the foreseeable future.
2058	An investigation shall be presumed to be inactive if no finding
2059	is made within 45 days after the complaint is filed.
2060	Section 35. Paragraph (e) of subsection (2) of section
2061	1012.31, Florida Statutes, is amended to read:
2062	1012.31 Personnel files.--Public school system employee
2063	personnel files shall be maintained according to the following
2064	provisions:
2065	(2)
2066	(e) Upon request, an employee, or any person designated in
2067	writing by the employee, shall be permitted to examine the
2068	personnel file of such employee. The employee shall be
2069	permitted conveniently to reproduce any materials in the file,
2070	at a cost no greater than the fees prescribed in s.
2071	119.07(4)(1).
2072	Section 36. Subsection (1) of section 257.34, Florida
2073	Statutes, is amended to read:
2074	257.34 Florida International Archive and Repository.--
2075	(1) There is created within the Division of Library and
2076	Information Services of the Department of State the Florida
2077	International Archive and Repository for the preservation of
2078	those public records, as defined in s. 119.011(11)(1),
2079	manuscripts, international judgments involving disputes between
2080	domestic and foreign businesses, and all other public matters
2081	that the department or the Florida Council of International
2082	Development deems relevant to international issues. It is the
2083	duty and responsibility of the division to:
2084	(a) Organize and administer the Florida International
2085	Archive and Repository.
2086	(b) Preserve and administer records that are transferred
2087	to its custody; accept, arrange, and preserve them, according to
2088	approved archival and repository practices; and permit them, at
2089	reasonable times and under the supervision of the division, to
2090	be inspected, examined, and copied. All public records
2091	transferred to the custody of the division are subject to the
2092	provisions of s. 119.07(1).
2093	(c) Assist the records and information management program
2094	in the determination of retention values for records.
2095	(d) Cooperate with and assist, insofar as practicable,
2096	state institutions, departments, agencies, counties,
2097	municipalities, and individuals engaged in internationally
2098	related activities.
2099	(e) Provide a public research room where, under rules
2100	established by the division, the materials in the international
2101	archive and repository may be studied.
2102	(f) Conduct, promote, and encourage research in
2103	international trade, government, and culture and maintain a
2104	program of information, assistance, coordination, and guidance
2105	for public officials, educational institutions, libraries, the
2106	scholarly community, and the general public engaged in such
2107	research.
2108	(g) Cooperate with and, insofar as practicable, assist
2109	agencies, libraries, institutions, and individuals in projects
2110	concerned with internationally related issues and preserve
2111	original materials relating to internationally related issues.
2112	(h) Assist and cooperate with the records and information
2113	management program in the training and information program
2114	described in s. 257.36(1)(g).
2115	Section 37. Subsection (1) of section 257.35, Florida
2116	Statutes, is amended to read:
2117	257.35 Florida State Archives.--
2118	(1) There is created within the Division of Library and
2119	Information Services of the Department of State the Florida
2120	State Archives for the preservation of those public records, as
2121	defined in s. 119.011(11)(1), manuscripts, and other archival
2122	material that have been determined by the division to have
2123	sufficient historical or other value to warrant their continued
2124	preservation and have been accepted by the division for deposit
2125	in its custody. It is the duty and responsibility of the
2126	division to:
2127	(a) Organize and administer the Florida State Archives.
2128	(b) Preserve and administer such records as shall be
2129	transferred to its custody; accept, arrange, and preserve them,
2130	according to approved archival practices; and permit them, at
2131	reasonable times and under the supervision of the division, to
2132	be inspected, examined, and copied. All public records
2133	transferred to the custody of the division shall be subject to
2134	the provisions of s. 119.07(1), except that any public record or
2135	other record provided by law to be confidential or prohibited
2136	from inspection by the public shall be made accessible only
2137	after a period of 50 years from the date of the creation of the
2138	record. Any nonpublic manuscript or other archival material
2139	which is placed in the keeping of the division under special
2140	terms and conditions, shall be made accessible only in
2141	accordance with such law terms and conditions and shall be
2142	exempt from the provisions of s. 119.07(1) to the extent
2143	necessary to meet the terms and conditions for a nonpublic
2144	manuscript or other archival material.
2145	(c) Assist the records and information management program
2146	in the determination of retention values for records.
2147	(d) Cooperate with and assist insofar as practicable state
2148	institutions, departments, agencies, counties, municipalities,
2149	and individuals engaged in activities in the field of state
2150	archives, manuscripts, and history and accept from any person
2151	any paper, book, record, or similar material which in the
2152	judgment of the division warrants preservation in the state
2153	archives.
2154	(e) Provide a public research room where, under rules
2155	established by the division, the materials in the state archives
2156	may be studied.
2157	(f) Conduct, promote, and encourage research in Florida
2158	history, government, and culture and maintain a program of
2159	information, assistance, coordination, and guidance for public
2160	officials, educational institutions, libraries, the scholarly
2161	community, and the general public engaged in such research.
2162	(g) Cooperate with and, insofar as practicable, assist
2163	agencies, libraries, institutions, and individuals in projects
2164	designed to preserve original source materials relating to
2165	Florida history, government, and culture and prepare and publish
2166	handbooks, guides, indexes, and other literature directed toward
2167	encouraging the preservation and use of the state's documentary
2168	resources.
2169	(h) Encourage and initiate efforts to preserve, collect,
2170	process, transcribe, index, and research the oral history of
2171	Florida government.
2172	(i) Assist and cooperate with the records and information
2173	management program in the training and information program
2174	described in s. 257.36(1)(g).
2175	Section 38. Section 282.21, Florida Statutes, is amended
2176	to read:
2177	282.21 The State Technology Office's electronic access
2178	services.--The State Technology Office may collect fees for
2179	providing remote electronic access pursuant to s. 119.01(2)(f)
2180	119.085. The fees may be imposed on individual transactions or
2181	as a fixed subscription for a designated period of time. All
2182	fees collected under this section shall be deposited in the
2183	appropriate trust fund of the program or activity that made the
2184	remote electronic access available.
2185	Section 39. Paragraph (h) of subsection (2) of section
2186	287.0943, Florida Statutes, is amended to read:
2187	287.0943 Certification of minority business enterprises.--
2188	(2)
2189	(h) The certification procedures should allow an applicant
2190	seeking certification to designate on the application form the
2191	information the applicant considers to be proprietary,
2192	confidential business information. As used in this paragraph,
2193	"proprietary, confidential business information" includes, but
2194	is not limited to, any information that would be exempt from
2195	public inspection pursuant to the provisions of s. 119.07(6)(3);
2196	trade secrets; internal auditing controls and reports; contract
2197	costs; or other information the disclosure of which would injure
2198	the affected party in the marketplace or otherwise violate s.
2199	286.041. The executor in receipt of the application shall issue
2200	written and final notice of any information for which
2201	noninspection is requested but not provided for by law.
2202	Section 40. Subsection (1) of section 320.05, Florida
2203	Statutes, is amended to read:
2204	320.05 Records of the department; inspection procedure;
2205	lists and searches; fees.--
2206	(1) Except as provided in ss. 119.07(6)(3)and 320.025(3),
2207	the department may release records as provided in this section.
2208	Section 41. Subsection (8) of section 322.20, Florida
2209	Statutes, is amended to read:
2210	322.20 Records of the department; fees; destruction of
2211	records.--
2212	(8) Except as provided in s. 119.07(6)(3), the department
2213	may release records as provided in this section.
2214	Section 42. Paragraph (b) of subsection (2) of section
2215	338.223, Florida Statutes, is amended to read:
2216	338.223 Proposed turnpike projects.--
2217	(2)
2218	(b) In accordance with the legislative intent expressed in
2219	s. 337.273, and after the requirements of paragraph (1)(c) have
2220	been met, the department may acquire lands and property before
2221	making a final determination of the economic feasibility of a
2222	project. The requirements of paragraph (1)(c) do not apply to
2223	hardship and protective purchases of advance right-of-way by
2224	the department. The cost of advance acquisition of right-of-way
2225	may be paid from bonds issued under s. 337.276 or from turnpike
2226	revenues. For purposes of this paragraph, the term "hardship
2227	purchase" means purchase from a property owner of a residential
2228	dwelling of not more than four units who is at a disadvantage
2229	due to health impairment, job loss, or significant loss of
2230	rental income. For purposes of this paragraph, the term
2231	"protective purchase" means that a purchase to limit
2232	development, building, or other intensification of land uses
2233	within the area right-of-way is needed for transportation
2234	facilities. The department shall give written notice to the
2235	Department of Environmental Protection 30 days before final
2236	agency acceptance as set forth in s. 119.07(6)(3)(n), which
2237	notice shall allow the Department of Environmental Protection to
2238	comment. Hardship and protective purchases of right-of-way
2239	shall not influence the environmental feasibility of a project,
2240	including the decision relative to the need to construct the
2241	project or the selection of a specific location. Costs to
2242	acquire and dispose of property acquired as hardship and
2243	protective purchases are considered costs of doing business for
2244	the department and are not to be considered in the determination
2245	of environmental feasibility for the project.
2246	Section 43. Paragraph (a) of subsection (1) of section
2247	378.406, Florida Statutes, is amended to read:
2248	378.406 Confidentiality of records; availability of
2249	information.--
2250	(1)(a) Any information relating to prospecting, rock
2251	grades, or secret processes or methods of operation which may be
2252	required, ascertained, or discovered by inspection or
2253	investigation shall be exempt from the provisions of s.
2254	119.07(1), shall not be disclosed in public hearings, and shall
2255	be kept confidential by any member, officer, or employee of the
2256	department, if the applicant requests the department to keep
2257	such information confidential and informs the department of the
2258	basis for such confidentiality. Should the secretary determine
2259	that such information requested to be kept confidential shall
2260	not be kept confidential, the secretary shall provide the
2261	operator with not less than 30 days' notice of his or her intent
2262	to release the information. When making his or her
2263	determination, the secretary shall consider the public purposes
2264	specified in s. 119.15 119.14(4)(b).
2265	Section 44. Paragraph (c) of subsection (1) of section
2266	400.0077, Florida Statutes, is amended to read:
2267	400.0077 Confidentiality.--
2268	(1) The following are confidential and exempt from the
2269	provisions of s. 119.07(1):
2270	(c) Any other information about a complaint, including any
2271	problem identified by an ombudsman council as a result of an
2272	investigation, unless an ombudsman council determines that the
2273	information does not meet any of the criteria specified in s.
2274	119.15119.14(4)(b);or unless the information is to collect
2275	data for submission to those entities specified in s. 712(c) of
2276	the federal Older Americans Act for the purpose of identifying
2277	and resolving significant problems.
2278	Section 45. Subsection (5) of section 401.27, Florida
2279	Statutes, is amended to read:
2280	401.27 Personnel; standards and certification.--
2281	(5) The certification examination must be offered monthly.
2282	The department shall issue an examination admission notice to
2283	the applicant advising him or her of the time and place of the
2284	examination for which he or she is scheduled. Individuals
2285	achieving a passing score on the certification examination may
2286	be issued a temporary certificate with their examination grade
2287	report. The department must issue an original certification
2288	within 45 days after the examination. Examination questions and
2289	answers are not subject to discovery but may be introduced into
2290	evidence and considered only in camera in any administrative
2291	proceeding under chapter 120. If an administrative hearing is
2292	held, the department shall provide challenged examination
2293	questions and answers to the administrative law judge. The
2294	department shall establish by rule the procedure by which an
2295	applicant, and the applicant's attorney, may review examination
2296	questions and answers in accordance with s. 119.07(6)(3)(a).
2297	Section 46. Subsection (1) of section 403.111, Florida
2298	Statutes, is amended to read:
2299	403.111 Confidential records.--
2300	(1) Any information, other than effluent data and those
2301	records described in 42 U.S.C. s. 7661a(b)(8), relating to
2302	secret processes or secret methods of manufacture or production,
2303	or relating to costs of production, profits, or other financial
2304	information which is otherwise not public record, which may be
2305	required, ascertained, or discovered by inspection or
2306	investigation shall be exempt from the provisions of s.
2307	119.07(1), shall not be disclosed in public hearings, and shall
2308	be kept confidential by any member, officer, or employee of the
2309	department, upon a showing satisfactory to the department that
2310	the information should be kept confidential. The person from
2311	whom the information is obtained must request that the
2312	department keep such information confidential and must inform
2313	the department of the basis for the claim of confidentiality.
2314	The department shall, subject to notice and opportunity for
2315	hearing, determine whether the information requested to be kept
2316	confidential should or should not be kept confidential. The
2317	department shall determine whether the information submitted
2318	should be kept confidential pursuant to the public purpose test
2319	as stated in s. 119.15119.14(4)(b)3.
2320	Section 47. Section 409.2577, Florida Statutes, is
2321	amended to read:
2322	409.2577 Parent locator service.--The department shall
2323	establish a parent locator service to assist in locating parents
2324	who have deserted their children and other persons liable for
2325	support of dependent children. The department shall use all
2326	sources of information available, including the Federal Parent
2327	Locator Service, and may request and shall receive information
2328	from the records of any person or the state or any of its
2329	political subdivisions or any officer thereof. Any agency as
2330	defined in s. 120.52, any political subdivision, and any other
2331	person shall, upon request, provide the department any
2332	information relating to location, salary, insurance, social
2333	security, income tax, and employment history necessary to locate
2334	parents who owe or potentially owe a duty of support pursuant to
2335	Title IV-D of the Social Security Act. This provision shall
2336	expressly take precedence over any other statutory nondisclosure
2337	provision which limits the ability of an agency to disclose such
2338	information, except that law enforcement information as provided
2339	in s. 119.07(6)(3)(i) is not required to be disclosed, and
2340	except that confidential taxpayer information possessed by the
2341	Department of Revenue shall be disclosed only to the extent
2342	authorized in s. 213.053(15). Nothing in this section requires
2343	the disclosure of information if such disclosure is prohibited
2344	by federal law. Information gathered or used by the parent
2345	locator service is confidential and exempt from the provisions
2346	of s. 119.07(1). Additionally, the department is authorized to
2347	collect any additional information directly bearing on the
2348	identity and whereabouts of a person owing or asserted to be
2349	owing an obligation of support for a dependent child. The
2350	department shall, upon request, make information available only
2351	to public officials and agencies of this state; political
2352	subdivisions of this state, including any agency thereof
2353	providing child support enforcement services to non-Title IV-D
2354	clients; the custodial parent, legal guardian, attorney, or
2355	agent of the child; and other states seeking to locate parents
2356	who have deserted their children and other persons liable for
2357	support of dependents, for the sole purpose of establishing,
2358	modifying, or enforcing their liability for support, and shall
2359	make such information available to the Department of Children
2360	and Family Services for the purpose of diligent search
2361	activities pursuant to chapter 39. If the department has
2362	reasonable evidence of domestic violence or child abuse and the
2363	disclosure of information could be harmful to the custodial
2364	parent or the child of such parent, the child support program
2365	director or designee shall notify the Department of Children and
2366	Family Services and the Secretary of the United States
2367	Department of Health and Human Services of this evidence. Such
2368	evidence is sufficient grounds for the department to disapprove
2369	an application for location services.
2370	Section 48. Subsection (6) of section 455.219, Florida
2371	Statutes, is amended to read:
2372	455.219 Fees; receipts; disposition; periodic management
2373	reports.--
2374	(6) The department or the appropriate board shall charge a
2375	fee not to exceed $25 for the certification of a public record.
2376	The fee shall be determined by rule of the department. The
2377	department or the appropriate board shall assess a fee for
2378	duplication of a public record as provided in s. 119.07(4)(1)(a)
2379	and (b).
2380	Section 49. Subsection (11) of section 456.025, Florida
2381	Statutes, is amended to read:
2382	456.025 Fees; receipts; disposition.--
2383	(11) The department or the appropriate board shall charge
2384	a fee not to exceed $25 for the certification of a public
2385	record. The fee shall be determined by rule of the department.
2386	The department or the appropriate board shall assess a fee for
2387	duplicating a public record as provided in s. 119.07(4)(1)(a)
2388	and (b).
2389	Section 50. Paragraph (l) of subsection (3) of section
2390	627.311, Florida Statutes, is amended to read:
2391	627.311 Joint underwriters and joint reinsurers.--
2392	(3) The department may, after consultation with insurers
2393	licensed to write automobile insurance in this state, approve a
2394	joint underwriting plan for purposes of equitable apportionment
2395	or sharing among insurers of automobile liability insurance and
2396	other motor vehicle insurance, as an alternate to the plan
2397	required in s. 627.351(1). All insurers authorized to write
2398	automobile insurance in this state shall subscribe to the plan
2399	and participate therein. The plan shall be subject to
2400	continuous review by the department which may at any time
2401	disapprove the entire plan or any part thereof if it determines
2402	that conditions have changed since prior approval and that in
2403	view of the purposes of the plan changes are warranted. Any
2404	disapproval by the department shall be subject to the provisions
2405	of chapter 120. If adopted, the plan and the association created
2406	under the plan:
2407	(l)1. Shall be subject to the public records requirements
2408	of chapter 119 and the public meeting requirements of s.
2409	286.011. However, the following records of the Florida
2410	Automobile Joint Underwriting Association are confidential and
2411	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2412	Constitution:
2413	a. Underwriting files, except that a policyholder or an
2414	applicant shall have access to his or her own underwriting
2415	files.
2416	b. Claims files, until termination of all litigation and
2417	settlement of all claims arising out of the same incident,
2418	although portions of the claims files may remain exempt, as
2419	otherwise provided by law. Confidential and exempt claims file
2420	records may be released to other governmental agencies upon
2421	written request and demonstration of need; such records held by
2422	the receiving agency remain confidential and exempt as provided
2423	by this paragraph.
2424	c. Records obtained or generated by an internal auditor
2425	pursuant to a routine audit, until the audit is completed or, if
2426	the audit is conducted as part of an investigation, until the
2427	investigation is closed or ceases to be active. An investigation
2428	is considered "active" while the investigation is being
2429	conducted with a reasonable, good faith belief that it could
2430	lead to the filing of administrative, civil, or criminal
2431	proceedings.
2432	d. Matters reasonably encompassed in privileged attorney-
2433	client communications.
2434	e. Proprietary information licensed to the association
2435	under contract when the contract provides for the
2436	confidentiality of such proprietary information.
2437	f. All information relating to the medical condition or
2438	medical status of an association employee which is not relevant
2439	to the employee's capacity to perform his or her duties, except
2440	as otherwise provided in this paragraph. Information which is
2441	exempt shall include, but is not limited to, information
2442	relating to workers' compensation, insurance benefits, and
2443	retirement or disability benefits.
2444	g. All records relative to an employee's participation in
2445	an employee assistance program designed to assist any employee
2446	who has a behavioral or medical disorder, substance abuse
2447	problem, or emotional difficulty which affects the employee's
2448	job performance, except as otherwise provided in s.
2449	112.0455(11).
2450	h. Information relating to negotiations for financing,
2451	reinsurance, depopulation, or contractual services, until the
2452	conclusion of the negotiations.
2453	i. Minutes of closed meetings regarding underwriting
2454	files, and minutes of closed meetings regarding an open claims
2455	file until termination of all litigation and settlement of all
2456	claims with regard to that claim, except that information
2457	otherwise confidential or exempt by law must be redacted. When
2458	an authorized insurer is considering underwriting a risk insured
2459	by the association, relevant underwriting files and confidential
2460	claims files may be released to the insurer provided the insurer
2461	agrees in writing, notarized and under oath, to maintain the
2462	confidentiality of such files. When a file is transferred to an
2463	insurer, that file is no longer a public record because it is
2464	not held by an agency subject to the provisions of the public
2465	records law. The association may make the following information
2466	obtained from underwriting files and confidential claims files
2467	available to licensed general lines insurance agents: name,
2468	address, and telephone number of the automobile owner or
2469	insured; location of the risk; rating information; loss history;
2470	and policy type. The receiving licensed general lines insurance
2471	agent must retain the confidentiality of the information
2472	received.
2473	2. Portions of meetings of the Florida Automobile Joint
2474	Underwriting Association during which confidential underwriting
2475	files or confidential open claims files are discussed are exempt
2476	from the provisions of s. 286.011 and s. 24(b), Art. I of the
2477	State Constitution. All portions of association meetings which
2478	are closed to the public shall be recorded by a court reporter.
2479	The court reporter shall record the times of commencement and
2480	termination of the meeting, all discussion and proceedings, the
2481	names of all persons present at any time, and the names of all
2482	persons speaking. No portion of any closed meeting shall be off
2483	the record. Subject to the provisions of this paragraph and s.
2484	119.07(1)(b)-(d)(2)(a), the court reporter's notes of any closed
2485	meeting shall be retained by the association for a minimum of 5
2486	years. A copy of the transcript, less any exempt matters, of
2487	any closed meeting during which claims are discussed shall
2488	become public as to individual claims after settlement of the
2489	claim.
2490
2491	This paragraph is subject to the Open Government Sunset Review
2492	Act of 1995 in accordance with s. 119.15, and shall stand
2493	repealed on October 2, 2003, unless reviewed and saved from
2494	repeal through reenactment by the Legislature.
2495	Section 51. Paragraph (n) of subsection (6) of section
2496	627.351, Florida Statutes, is amended to read:
2497	627.351 Insurance risk apportionment plans.--
2498	(6) CITIZENS PROPERTY INSURANCE CORPORATION.--
2499	(n)1. The following records of the corporation are
2500	confidential and exempt from the provisions of s. 119.07(1) and
2501	s. 24(a), Art. I of the State Constitution:
2502	a. Underwriting files, except that a policyholder or an
2503	applicant shall have access to his or her own underwriting
2504	files.
2505	b. Claims files, until termination of all litigation and
2506	settlement of all claims arising out of the same incident,
2507	although portions of the claims files may remain exempt, as
2508	otherwise provided by law. Confidential and exempt claims file
2509	records may be released to other governmental agencies upon
2510	written request and demonstration of need; such records held by
2511	the receiving agency remain confidential and exempt as provided
2512	for herein.
2513	c. Records obtained or generated by an internal auditor
2514	pursuant to a routine audit, until the audit is completed, or if
2515	the audit is conducted as part of an investigation, until the
2516	investigation is closed or ceases to be active. An investigation
2517	is considered "active" while the investigation is being
2518	conducted with a reasonable, good faith belief that it could
2519	lead to the filing of administrative, civil, or criminal
2520	proceedings.
2521	d. Matters reasonably encompassed in privileged attorney-
2522	client communications.
2523	e. Proprietary information licensed to the corporation
2524	under contract and the contract provides for the confidentiality
2525	of such proprietary information.
2526	f. All information relating to the medical condition or
2527	medical status of a corporation employee which is not relevant
2528	to the employee's capacity to perform his or her duties, except
2529	as otherwise provided in this paragraph. Information which is
2530	exempt shall include, but is not limited to, information
2531	relating to workers' compensation, insurance benefits, and
2532	retirement or disability benefits.
2533	g. Upon an employee's entrance into the employee
2534	assistance program, a program to assist any employee who has a
2535	behavioral or medical disorder, substance abuse problem, or
2536	emotional difficulty which affects the employee's job
2537	performance, all records relative to that participation shall be
2538	confidential and exempt from the provisions of s. 119.07(1) and
2539	s. 24(a), Art. I of the State Constitution, except as otherwise
2540	provided in s. 112.0455(11).
2541	h. Information relating to negotiations for financing,
2542	reinsurance, depopulation, or contractual services, until the
2543	conclusion of the negotiations.
2544	i. Minutes of closed meetings regarding underwriting
2545	files, and minutes of closed meetings regarding an open claims
2546	file until termination of all litigation and settlement of all
2547	claims with regard to that claim, except that information
2548	otherwise confidential or exempt by law will be redacted.
2549
2550	When an authorized insurer is considering underwriting a risk
2551	insured by the corporation, relevant underwriting files and
2552	confidential claims files may be released to the insurer
2553	provided the insurer agrees in writing, notarized and under
2554	oath, to maintain the confidentiality of such files. When a file
2555	is transferred to an insurer that file is no longer a public
2556	record because it is not held by an agency subject to the
2557	provisions of the public records law. Underwriting files and
2558	confidential claims files may also be released to staff of and
2559	the board of governors of the market assistance plan established
2560	pursuant to s. 627.3515, who must retain the confidentiality of
2561	such files, except such files may be released to authorized
2562	insurers that are considering assuming the risks to which the
2563	files apply, provided the insurer agrees in writing, notarized
2564	and under oath, to maintain the confidentiality of such files.
2565	Finally, the corporation or the board or staff of the market
2566	assistance plan may make the following information obtained from
2567	underwriting files and confidential claims files available to
2568	licensed general lines insurance agents: name, address, and
2569	telephone number of the residential property owner or insured;
2570	location of the risk; rating information; loss history; and
2571	policy type. The receiving licensed general lines insurance
2572	agent must retain the confidentiality of the information
2573	received.
2574	2. Portions of meetings of the corporation are exempt from
2575	the provisions of s. 286.011 and s. 24(b), Art. I of the State
2576	Constitution wherein confidential underwriting files or
2577	confidential open claims files are discussed. All portions of
2578	corporation meetings which are closed to the public shall be
2579	recorded by a court reporter. The court reporter shall record
2580	the times of commencement and termination of the meeting, all
2581	discussion and proceedings, the names of all persons present at
2582	any time, and the names of all persons speaking. No portion of
2583	any closed meeting shall be off the record. Subject to the
2584	provisions hereof and s. 119.07(1)(b)-(d)(2)(a), the court
2585	reporter's notes of any closed meeting shall be retained by the
2586	corporation for a minimum of 5 years. A copy of the transcript,
2587	less any exempt matters, of any closed meeting wherein claims
2588	are discussed shall become public as to individual claims after
2589	settlement of the claim.
2590	Section 52. Subsection (1) of section 633.527, Florida
2591	Statutes, is amended to read:
2592	633.527 Records concerning applicant; extent of
2593	confidentiality.--
2594	(1) Test material is made confidential by s.
2595	119.07(6)(3)(a). An applicant may waive in writing the
2596	confidentiality of his or her examination answer sheet for the
2597	purpose of discussion with the State Fire Marshal or his or her
2598	staff.
2599	Section 53. Section 655.0321, Florida Statutes, is amended
2600	to read:
2601	655.0321 Restricted access to certain hearings,
2602	proceedings, and related documents.--The department shall
2603	consider the public purposes specified in s. 119.15119.14(4)(b)
2604	and the provisions of s. 24, Art. I of the State Constitutionin
2605	determining whether the hearings and proceedings conducted
2606	pursuant to s. 655.033 for the issuance of cease and desist
2607	orders and s. 655.037 for the issuance of suspension or removal
2608	orders shall be closed and exempt from the provisions of s.
2609	286.011, and whether related documents shall be confidential and
2610	exempt from the provisions of s. 119.07(1).
2611	Section 54. Paragraph (m) of subsection (2) of section
2612	668.50, Florida Statutes, is amended to read:
2613	668.50 Uniform Electronic Transaction Act.--
2614	(2) DEFINITIONS.--As used in this section:
2615	(m) "Record" means information that is inscribed on a
2616	tangible medium or that is stored in an electronic or other
2617	medium and is retrievable in perceivable form, including public
2618	records as defined in s. 119.011(11)(1).
2619	Section 55. Subsection (1) of section 794.024, Florida
2620	Statutes, is amended to read:
2621	794.024 Unlawful to disclose identifying information.--
2622	(1) A public employee or officer who has access to the
2623	photograph, name, or address of a person who is alleged to be
2624	the victim of an offense described in this chapter, chapter 800,
2625	s. 827.03, s. 827.04, or s. 827.071 may not willfully and
2626	knowingly disclose it to a person who is not assisting in the
2627	investigation or prosecution of the alleged offense or to any
2628	person other than the defendant, the defendant's attorney, a
2629	person specified in an order entered by the court having
2630	jurisdiction of the alleged offense, or toorganizations
2631	authorized to receive such information made exempt by s.
2632	119.07(6)(3)(f), or to a rape crisis center or sexual assault
2633	counselor, as defined in s. 90.5035(1)(b), who will be offering
2634	services to the victim.
2635	Section 56. For the purpose of incorporating the
2636	amendments to section 945.25, Florida Statutes, in a reference
2637	thereto, paragraph (a) of subsection (2) of section 947.13,
2638	Florida Statutes, is reenacted to read:
2639	947.13 Powers and duties of commission.--
2640	(2)(a) The commission shall immediately examine records of
2641	the department under s. 945.25, and any other records which it
2642	obtains, and may make such other investigations as may be
2643	necessary.
2644	Section 57. This act shall take effect July 1, 2003.