HB 1807 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to public records; amending s. 18.20,
13	F.S.; removing photographic film reproductions of
14	specified vouchers or checks paid by the State Treasurer
15	and preserved as records of the office of the Treasurer
16	from classification as permanent records; creating s.
17	39.2021, F.S.; relocating the provision allowing a person
18	or organization to petition the court for access to
19	records of the Department of Children and Family Services;
20	amending s. 119.01, F.S.; establishing state policy with
21	respect to public records; requiring governmental agencies
22	to consider certain factors in designing or acquiring
23	electronic recordkeeping systems; providing certain
24	restrictions with respect to electronic recordkeeping
25	systems and proprietary software; requiring governmental
26	agencies to provide copies of public records stored in
27	electronic recordkeeping systems; authorizing agencies to
28	charge a fee for such copies; specifying circumstances
29	under which the financial, business, and membership
30	records of an organization are public records; amending s.
31	119.011, F.S.; providing definitions; correcting cross
32	references; repealing ss. 119.0115, 119.012, and 119.02,
33	F.S., relating to specified exemption for certain
34	videotapes and video signals, records made public by the
35	use of public funds, and penalties for violation of public
36	records requirements by a public officer; amending s.
37	119.021, F.S.; providing requirements for governmental
38	agencies in maintaining and preserving public records;
39	requiring the Division of Library and Information Services
40	of the Department of State to adopt rules for retaining
41	and disposing of public records; authorizing the division
42	to provide for archiving certain noncurrent records;
43	providing for the destruction of certain records and the
44	continued maintenance of certain records; providing for
45	the disposition of records at the end of an official’s
46	term of office; requiring that a custodian of public
47	records demand delivery of records held unlawfully;
48	repealing ss. 119.031, 119.041, 119.05, and 119.06, F.S.,
49	relating to the retention and disposal of public records
50	and the delivery of records held unlawfully; amending s.
51	119.07, F.S.; revising provisions governing the inspection
52	and copying of public records; establishing fees for
53	copying; providing requirements for making photographs;
54	authorizing additional means of copying; repealing s.
55	119.08, F.S., relating to requirements for making
56	photographs of public records; amending s. 119.084, F.S.;
57	deleting certain provisions governing the maintenance of
58	public records in an electronic recordkeeping system;
59	repealing ss. 119.085 and 119.09, F.S., relating to remote
60	electronic access to public records and the program for
61	records and information management of the Department of
62	State; amending s. 119.10, F.S.; clarifying provisions
63	with respect to penalties for violations of ch. 119, F.S.;
64	amending s. 119.105, F.S.; clarifying provisions under
65	which certain police reports may be exempt from the public
66	records law; amending s. 120.55, F.S.; revising language
67	with respect to publication of the Florida Administrative
68	Code to provide that the Department of State is required
69	to compile and publish the code through a continuous
70	revision system; amending s. 257.36, F.S.; providing
71	procedure with respect to official custody of records upon
72	transfer of duties or responsibilities between state
73	agencies or dissolution of a state agency; amending s.
74	328.15, F.S.; revising the classification of records of
75	notices and satisfaction of liens on vessels maintained by
76	the Department of Highway Safety and Motor Vehicles;
77	amending s. 372.5717, F.S.; revising the classification of
78	records of hunter safety certification cards maintained by
79	the Fish and Wildlife Conservation Commission; creating s.
80	415.1071, F.S.; relocating the provision allowing a person
81	or organization to petition the court for access to
82	records of the Department of Children and Family Services;
83	amending s. 560.121, F.S.; decreasing and qualifying the
84	period of retention for examination reports, investigatory
85	records, applications, application records, and related
86	information compiled by the Department of Banking and
87	Finance under the Money Transmitters’ Code; amending s.
88	560.123, F.S.; decreasing the period of retention for
89	specified reports filed by money transmitters with the
90	Department of Banking and Finance under the money
91	Transmitters’ Code; amending s. 560.129, F.S.; decreasing
92	and qualifying the period of retention for examination
93	reports, investigatory records, applications, application
94	records, and related information compiled by the
95	Department of Banking and Finance under the Money
96	Transmitters’ Code; amending s. 624.311, F.S.; authorizing
97	the Department of Insurance to maintain an electronic
98	recordkeeping system for specified records, statements,
99	reports, and documents; eliminating a standard for the
100	reproduction of such records, statements, reports, and
101	documents; amending s. 624.312, F.S.; providing that
102	reproductions from an electronic recordkeeping system of
103	specified documents and records of the Department of
104	Insurance shall be treated as originals for the purpose of
105	their admissibility in evidence; amending s. 633.527,
106	F.S.; decreasing the period of retention for specified
107	examination test questions, answer sheets, and grades in
108	the possession of the Division of State Fire Marshal of
109	the Department of Insurance; amending s. 655.50, F.S.;
110	revising requirements of the Department of Banking and
111	Finance with respect to retention of copies of specified
112	reports and records of exemption submitted or filed by
113	financial institutions under the Florida Control of Money
114	Laundering in Financial Institutions Act; amending s.
115	945.25, F.S.; requiring the Department of Corrections to
116	obtain and place in its records specified information on
117	every person who may be sentenced to supervision or
118	incarceration under the jurisdiction of the department;
119	eliminating a requirement of the department, in its
120	discretion, to obtain and place in its permanent records
121	specified information on persons placed on probation and
122	on persons who may become subject to pardon and
123	commutation of sentence; amending s. 985.31, F.S.;
124	revising the classification of specified medical files of
125	serious or habitual juvenile offenders; repealing s.
126	212.095(6)(d), F.S., which requires the Department of
127	Revenue to keep a permanent record of the amounts of
128	refunds claimed and paid under ch. 212, F.S., and which
129	requires that such records shall be open to public
130	inspection; repealing s. 238.03(9), F.S., relating to the
131	authority of the Department of Management Services to
132	photograph and reduce to microfilm as a permanent record
133	its ledger sheets showing the salaries and contributions
134	of members of the Teachers’ Retirement System of Florida
135	and the records of deceased members of the system, and the
136	authority to destroy the documents from which such films
137	derive; correcting a cross reference; amending ss. 15.09,
138	23.22, 101.5607, 112.533, 1012.31, 257.34, 257.35, 282.21,
139	287.0943, 320.05, 322.20, 338.223, 378.406, 400.0077,
140	401.27, 403.111, 409.2577, 455.219, 456.025, 627.311,
141	627.351, 633.527, 668.50, and 794.024, F.S.; conforming
142	cross references; reenacting s. 947.13(2)(a), F.S.,
143	relating to the duty of the Parole Commission to examine
144	specified records, to incorporate the amendment to s.
145	945.25, F.S., in a reference thereto; repealing s.
146	430.015, F.S., which provides a public necessity statement
147	for a Department of Elderly Affairs public records
148	exemption; amending s. 440.132, F.S.; eliminating a public
149	necessity statement for an Agency for Health Care
150	Administration public records exemption; repealing s.
151	723.0065, F.S., which provides a public necessity
152	statement for a Division of Florida Land Sales,
153	Condominiums, and Mobile Homes public records exemption;
154	repealing s. 768.301, F.S., which provides a public
155	necessity statement for a public records and public
156	meetings exemption regarding state administered risk
157	management programs; repealing s. 815.045, F.S., which
158	provides a public necessity statement for a public records
159	exemption regarding trade secret information held by an
160	agency; amending s. 943.031, F.S.; eliminating a public
161	necessity statement for a Florida Violent Crime and Drug
162	Control Council public records and public meetings
163	exemption; providing an effective date.
164
165	Be It Enacted by the Legislature of the State of Florida:
166
167	Section 1. Subsection (1) of section 18.20, Florida
168	Statutes, is amended to read:
169	18.20 Treasurer to make reproductions of certain warrants,
170	records, and documents.--
171	(1) All vouchers or checks heretofore or hereafter drawn
172	by appropriate court officials of the several counties of the
173	state against money deposited with the Treasurer under the
174	provisions of s. 43.17, and paid by the Treasurer, may be
175	photographed, microphotographed, or reproduced on film by the
176	Treasurer. Such photographic film shall be durable material and
177	the device used to so reproduce such warrants, vouchers, or
178	checks shall be one which accurately reproduces the originals
179	thereof in all detail; and such photographs, microphotographs,
180	or reproductions on film shall be placed in conveniently
181	accessible and identified files and shall be preserved by the
182	Treasurer as a part of the permanentrecords of office. When any
183	such warrants, vouchers, or checks have been so photographed,
184	microphotographed, or reproduced on film, and the photographs,
185	microphotographs, or reproductions on film thereof have been
186	placed in files as a part of the permanentrecords of the office
187	of the Treasurer as aforesaid, the Treasurer is authorized to
188	return such warrants, vouchers, or checks to the offices of the
189	respective county officials who drew the same and such warrants,
190	vouchers, or checks shall be retained and preserved in such
191	offices to which returned as a part of the permanentrecords of
192	such offices.
193	Section 2. Section 39.2021, Florida Statutes, is created
194	to read:
195	39.2021 Release of confidential information.--
196	(1) Any person or organization, including the Department
197	of Children and Family Services, may petition the court for an
198	order making public the records of the Department of Children
199	and Family Services that pertain to investigations of alleged
200	abuse, abandonment, or neglect of a child. The court shall
201	determine whether good cause exists for public access to the
202	records sought or a portion thereof. In making this
203	determination, the court shall balance the best interest of the
204	child who is the focus of the investigation and the interest of
205	that child's siblings, together with the privacy right of other
206	persons identified in the reports, against the public interest.
207	The public interest in access to such records is reflected in s.
208	119.01(1) and includes the need for citizens to know of and
209	adequately evaluate the actions of the Department of Children
210	and Family Services and the court system in providing children
211	of this state with the protections enumerated in s. 39.001.
212	However, this subsection does not contravene s. 39.202, which
213	protects the name of any person reporting the abuse,
214	abandonment, or neglect of a child.
215	(2) In cases involving serious bodily injury to a child,
216	the Department of Children and Family Services may petition the
217	court for an order for the immediate public release of records
218	of the department which pertain to the protective investigation.
219	The petition must be personally served upon the child, the
220	child's parent or guardian, and any person named as an alleged
221	perpetrator in the report of abuse, abandonment, or neglect. The
222	court must determine whether good cause exists for the public
223	release of the records sought no later than 24 hours, excluding
224	Saturdays, Sundays, and legal holidays, after the date the
225	department filed the petition with the court. If the court has
226	neither granted nor denied the petition within the 24-hour time
227	period, the department may release to the public summary
228	information including:
229	(a) A confirmation that an investigation has been
230	conducted concerning the alleged victim.
231	(b) The dates and brief description of procedural
232	activities undertaken during the department's investigation.
233	(c) The date of each judicial proceeding, a summary of
234	each participant's recommendations made at the judicial
235	proceeding, and the ruling of the court.
236
237	The summary information may not include the name of, or other
238	identifying information with respect to, any person identified
239	in any investigation. In making a determination to release
240	confidential information, the court shall balance the best
241	interests of the child who is the focus of the investigation and
242	the interests of that child's siblings, together with the
243	privacy rights of other persons identified in the reports,
244	against the public interest for access to public records.
245	However, this subsection does not contravene s. 39.202, which
246	protects the name of any person reporting abuse, abandonment, or
247	neglect of a child.
248	(3) When the court determines that good cause for public
249	access exists, the court shall direct that the department redact
250	the name of and other identifying information with respect to
251	any person identified in any protective investigation report
252	until such time as the court finds that there is probable cause
253	to believe that the person identified committed an act of
254	alleged abuse, abandonment, or neglect.
255	Section 3. Section 119.01, Florida Statutes, is amended to
256	read:
257	119.01 General state policy on public records.--
258	(1) It is the policy of this state that all state, county,
259	and municipal records areshall beopen for personal inspection
260	by any person.
261	(2) The Legislature finds that, given advancements in
262	technology, Providing access to public records is a duty of each
263	agencyby remote electronic means is an additional method of
264	access that agencies should strive to provide to the extent
265	feasible. If an agency provides access to public records by
266	remote electronic means, then such access should be provided in
267	the most cost-effective and efficient manner available to the
268	agency providing the information.
269	(2)(a)(3) The Legislature finds that providing access to
270	public records is a duty of each agency and thatAutomation of
271	public records must not erode the right of access to public
272	thoserecords. As each agency increases its use of and
273	dependence on electronic recordkeeping, each agency must provide
274	ensure reasonable publicaccess to records electronically
275	maintained and must keep information made exempt or confidential
276	from being disclosed to the public.
277	(b) An agency must consider when designing or acquiring an
278	electronic recordkeeping system whether such system is capable
279	of providing data in some common format such as, but not limited
280	to, the American Standard Code for Information Interchange.
281	(c) An agency may not enter into a contract for the
282	creation or maintenance of a public records database if that
283	contract impairs the ability of the public to inspect or copy
284	the public records of the agency, including public records that
285	are on-line or stored in an electronic recordkeeping system used
286	by the agency.
287	(d) Subject to the restrictions of copyright and trade
288	secret laws and public records exemptions, agency use of
289	proprietary software must not diminish the right of the public
290	to inspect and copy a public record.
291	(e) Providing access to public records by remote
292	electronic means is an additional method of access that agencies
293	should strive to provide to the extent feasible. If an agency
294	provides access to public records by remote electronic means,
295	such access should be provided in the most cost-effective and
296	efficient manner available to the agency providing the
297	information.
298	(f) Each agency that maintains a public record in an
299	electronic recordkeeping system shall provide to any person,
300	pursuant to this chapter, a copy of any public record in that
301	system which is not exempted by law from public disclosure. An
302	agency must provide a copy of the record in the medium requested
303	if the agency maintains the record in that medium, and the
304	agency may charge a fee in accordance with this chapter. For the
305	purpose of satisfying a public records request, the fee to be
306	charged by an agency if it elects to provide a copy of a public
307	record in a medium not routinely used by the agency, or if it
308	elects to compile information not routinely developed or
309	maintained by the agency or that requires a substantial amount
310	of manipulation or programming, must be in accordance with s.
311	119.07(4).
312	(3) If public funds are expended by an agency as defined
313	in s. 119.011(2) in payment of dues or membership contributions
314	for any person, corporation, foundation, trust, association,
315	group, or other organization, all the financial, business, and
316	membership records of that person, corporation, foundation,
317	trust, association, group, or other organization which pertain
318	to the public agency are public records and subject to the
319	provisions of s. 119.07.
320	(4) Each agency shall establish a program for the disposal
321	of records that do not have sufficient legal, fiscal,
322	administrative, or archival value in accordance with retention
323	schedules established by the records and information management
324	program of the Division of Library and Information Services of
325	the Department of State.
326	Section 4. Section 119.011, Florida Statutes, is amended
327	to read:
328	119.011 Definitions.--As used inFor the purpose ofthis
329	chapter, the term:
330	(1) "Actual cost of duplication" means the cost of the
331	material and supplies used to duplicate the public record but
332	does not include the labor cost or overhead cost associated with
333	such duplication."Public records" means all documents, papers,
334	letters, maps, books, tapes, photographs, films, sound
335	recordings, data processing software, or other material,
336	regardless of the physical form, characteristics, or means of
337	transmission, made or received pursuant to law or ordinance or
338	in connection with the transaction of official business by any
339	agency.
340	(2) "Agency" means any state, county, district, authority,
341	or municipal officer, department, division, board, bureau,
342	commission, or other separate unit of government created or
343	established by law including, for the purposes of this chapter,
344	the Commission on Ethics, the Public Service Commission, and the
345	Office of Public Counsel, and any other public or private
346	agency, person, partnership, corporation, or business entity
347	acting on behalf of any public agency.
348	(3)(a) "Criminal intelligence information" means
349	information with respect to an identifiable person or group of
350	persons collected by a criminal justice agency in an effort to
351	anticipate, prevent, or monitor possible criminal activity.
352	(b) "Criminal investigative information" means information
353	with respect to an identifiable person or group of persons
354	compiled by a criminal justice agency in the course of
355	conducting a criminal investigation of a specific act or
356	omission, including, but not limited to, information derived
357	from laboratory tests, reports of investigators or informants,
358	or any type of surveillance.
359	(c) "Criminal intelligence information" and "criminal
360	investigative information" shall not include:
361	1. The time, date, location, and nature of a reported
362	crime.
363	2. The name, sex, age, and address of a person arrested or
364	of the victim of a crime except as provided in s.
365	119.07(6)(3)(f).
366	3. The time, date, and location of the incident and of the
367	arrest.
368	4. The crime charged.
369	5. Documents given or required by law or agency rule to be
370	given to the person arrested, except as provided in s.
371	119.07(6)(3)(f), and, except that the court in a criminal case
372	may order that certain information required by law or agency
373	rule to be given to the person arrested be maintained in a
374	confidential manner and exempt from the provisions of s.
375	119.07(1) until released at trial if it is found that the
376	release of such information would:
377	a. Be defamatory to the good name of a victim or witness
378	or would jeopardize the safety of such victim or witness; and
379	b. Impair the ability of a state attorney to locate or
380	prosecute a codefendant.
381	6. Informations and indictments except as provided in s.
382	905.26.
383	(d) The word "active" shall have the following meaning:
384	1. Criminal intelligence information shall be considered
385	"active" as long as it is related to intelligence gathering
386	conducted with a reasonable, good faith belief that it will lead
387	to detection of ongoing or reasonably anticipated criminal
388	activities.
389	2. Criminal investigative information shall be considered
390	"active" as long as it is related to an ongoing investigation
391	which is continuing with a reasonable, good faith anticipation
392	of securing an arrest or prosecution in the foreseeable future.
393
394	In addition, criminal intelligence and criminal investigative
395	information shall be considered "active" while such information
396	is directly related to pending prosecutions or appeals. The word
397	"active" shall not apply to information in cases which are
398	barred from prosecution under the provisions of s. 775.15 or
399	other statute of limitation.
400	(4) "Criminal justice agency" means:
401	(a) Any law enforcement agency, court, or prosecutor;. The
402	term also includes
403	(b)Any other agency charged by law with criminal law
404	enforcement duties;, or
405	(c)Any agency having custody of criminal intelligence
406	information or criminal investigative information for the
407	purpose of assisting such law enforcement agencies in the
408	conduct of active criminal investigation or prosecution or for
409	the purpose of litigating civil actions under the Racketeer
410	Influenced and Corrupt Organization Act, during the time that
411	such agencies are in possession of criminal intelligence
412	information or criminal investigative information pursuant to
413	their criminal law enforcement duties; or. The term also
414	includes
415	(d)The Department of Corrections.
416	(5) "Custodian of public records" means the elected or
417	appointed state, county, or municipal officer charged with the
418	responsibility of maintaining the office having public records,
419	or his or her designee.
420	(6) "Data processing software" means the programs and
421	routines used to employ and control the capabilities of data
422	processing hardware, including, but not limited to, operating
423	systems, compilers, assemblers, utilities, library routines,
424	maintenance routines, applications, and computer networking
425	programs.
426	(7) "Duplicated copies" means new copies produced by
427	duplicating as defined in s. 283.30.
428	(8) "Exemption" means a provision of general law that
429	provides that a specified record or meeting, or portion thereof,
430	is not subject to the access requirements of s. 119.07(1), s.
431	286.011, or s. 24, Art. I of the State Constitution.
432	(9) "Information technology resources" has the meaning
433	ascribed to "information technology" in s. 282.0041(7).
434	(10) "Proprietary software" means data processing software
435	that is protected by copyright or trade secret laws.
436	(11) "Public records" means all documents, papers,
437	letters, maps, books, tapes, photographs, films, sound
438	recordings, data processing software, or other material,
439	regardless of the physical form, characteristics, or means of
440	transmission, made or received pursuant to law or ordinance or
441	in connection with the transaction of official business by any
442	agency.
443	(12) "Redact" means the process of removing from an image
444	or a copy of an original public record that portion of the
445	record containing exempt or confidential information.
446	(13) "Sensitive," for purposes of defining agency-produced
447	software that is sensitive, means only those portions of data
448	processing software, including the specifications and
449	documentation, which are used to:
450	(a) Collect, process, store, and retrieve information that
451	is exempt from s. 119.07(1);
452	(b) Collect, process, store, and retrieve financial
453	management information of the agency, such as payroll and
454	accounting records; or
455	(c) Control and direct access authorizations and security
456	measures for automated systems.
457	Section 5. Sections 119.0115, 119.012, and 119.02, Florida
458	Statutes, are repealed.
459	Section 6. Section 119.021, Florida Statutes, is
460	amended to read:
461	(Substantial rewording of section. See
462	s. 119.021, F.S., for present text.)
463	119.021 Custodial requirements; maintenance, preservation,
464	and retention of public records.--
465	(1) Public records shall be maintained and preserved
466	as follows:
467	(a) All public records should be kept in the buildings in
468	which they are ordinarily used.
469	(b) Insofar as practicable, a custodian of public records
470	of vital, permanent, or archival value shall keep such records
471	in fireproof and waterproof safes, vaults, or rooms fitted with
472	noncombustible materials and in such arrangement as to be easily
473	accessible for convenient use.
474	(c)1. Record books should be copied or repaired, restored,
475	or rebound if worn, mutilated, damaged, or difficult to read.
476	2. Whenever any state, county, or municipal records are in
477	need of repair, restoration, or rebinding, the head of the
478	concerned state agency, department, board, or commission; the
479	board of county commissioners of such county; or the governing
480	body of such municipality may authorize that such records be
481	removed from the building or office in which such records are
482	ordinarily kept for the length of time required to repair,
483	restore, or rebind them.
484	3. Any public official who causes a record book to be
485	copied shall attest and certify under oath that the copy is an
486	accurate copy of the original book. The copy shall then have the
487	force and effect of the original.
488	(2)(a) The Division of Library and Information Services of
489	the Department of State shall adopt rules to establish retention
490	schedules and disposal processes for public records.
491	(b) Each agency shall comply with the rules establishing
492	retention schedules and disposal processes for public records
493	which are adopted by the records and information management
494	program of the division.
495	(c) Every public official shall systematically dispose of
496	records no longer needed, subject to the consent of the records
497	and information management program of the division in accordance
498	with s. 257.36.
499	(d) The division may ascertain the condition of public
500	records and shall give advice and assistance to public officials
501	to solve problems related to the preservation, creation, filing,
502	and public accessibility of public records in their custody.
503	Public officials shall assist the division by preparing an
504	inclusive inventory of categories of public records in their
505	custody. The division shall establish a time period for the
506	retention or disposal of each series of records. Upon the
507	completion of the inventory and schedule, the division shall,
508	subject to the availability of necessary space, staff, and other
509	facilities for such purposes, make space available in its
510	records center for the filing of semicurrent records so
511	scheduled and in its archives for noncurrent records of
512	permanent value, and shall render such other assistance as
513	needed, including the microfilming of records so scheduled.
514	(3) Agency orders that comprise final agency action and
515	that must be indexed or listed pursuant to s. 120.53 have
516	continuing legal significance; therefore, notwithstanding any
517	other provision of this chapter or any provision of chapter 257,
518	each agency shall permanently maintain records of such orders
519	pursuant to the applicable rules of the Department of State.
520	(4)(a) Whoever has custody of any public records shall
521	deliver, at the expiration of his or her term of office, to his
522	or her successor or, if there be none, to the records and
523	information management program of the Division of Library and
524	Information Services of the Department of State, all public
525	records kept or received by him or her in the transaction of
526	official business.
527	(b) Whoever is entitled to custody of public records shall
528	demand them from any person having illegal possession of them,
529	who must forthwith deliver the same to him or her. Any person
530	unlawfully possessing public records must, within 10 days,
531	deliver such records to the lawful custodian of public records
532	unless just cause exists for failing to deliver such records.
533	Section 7. Sections 119.031, 119.041, 119.05, and 119.06,
534	Florida Statutes, are repealed.
535	Section 8. Section 119.07, Florida Statutes, is amended to
536	read:
537	119.07 Inspection, examination, and copyingduplicationof
538	records; fees;exemptions.--
539	(1)(a) Every person who has custody of a public record
540	shall permit the record to be inspected and copiedexaminedby
541	any person desiring to do so, at any reasonable time, under
542	reasonable conditions, and under supervision by the custodian of
543	the public recordsrecord or the custodian's designee.
544	(b) An exemption from this section does not imply an
545	exemption from s. 286.011. The exemption from s. 286.011 must
546	be expressly provided.
547	(c) A person who has custody of a public record who
548	asserts that an exemption applies to a part of such record shall
549	redact that portion of the record to which an exemption has been
550	asserted and validly applies, and such person shall produce the
551	remainder of such record for inspection and copying.
552	(d) If the person who has custody of a public record
553	contends that the record or part thereof is exempt from
554	inspection and copying, he or she shall state the basis of the
555	exemption that he or she contends is applicable to the record or
556	part thereof, including the statutory citation to an exemption
557	created or afforded by statute.
558	(e) If requested by the person seeking to inspect or copy
559	the record, the custodian of public records shall state in
560	writing and with particularity the reasons for the conclusion
561	that the record is exempt or confidential.
562	(f) In any civil action in which an exemption to this
563	section is asserted, if the exemption is alleged to exist under
564	or by virtue of paragraph(6)(c), paragraph (6)(d), paragraph
565	(6)(e), paragraph(6)(k), paragraph (6)(l), or paragraph (6)(o),
566	the public record or part thereof in question shall be submitted
567	to the court for an inspection in camera. If an exemption is
568	alleged to exist under or by virtue of paragraph (6)(b), an
569	inspection in camera will be discretionary with the court. If
570	the court finds that the asserted exemption is not applicable,
571	it shall order the public record or part thereof in question to
572	be immediately produced for inspection or copying as requested
573	by the person seeking such access.
574	(g) Regardless of whether an assertion is made by the
575	custodian of public records that a requested record is not a
576	public record subject to public inspection or copying under this
577	subsection, the requested record shall not be disposed of for a
578	period of 30 days after the date on which a written request to
579	inspect or copy the record was served on or otherwise made to
580	the custodian of public records by the person seeking access to
581	the record. If a civil action is instituted within the 30-day
582	period to enforce the provisions of this section with respect to
583	the requested record, the custodian of public records may not
584	dispose of the record except by order of a court of competent
585	jurisdiction after notice to all affected parties.
586	(h) The absence of a civil action instituted for the
587	purpose stated in paragraph (f) does not relieve the custodian
588	of public records of the duty to maintain the record as a public
589	record if the record is in fact a public record subject to
590	public inspection and copying under this subsection and does not
591	otherwise excuse or exonerate the custodian of public records
592	from any unauthorized or unlawful disposition of such record.
593	(2)(a) Any person shall have the right of access to public
594	records for the purpose of making photographs of the record
595	while in the possession, custody, and control of the custodian
596	of public records.
597	(b) This subsection applies to the making of photographs
598	in the conventional sense by use of a camera device to capture
599	images of public records but excludes the duplication of
600	microfilm in the possession of the clerk of the circuit court
601	where a copy of the microfilm may be made available by the
602	clerk.
603	(c) Photographing of public records shall be done under
604	the supervision of the custodian of public records, who may
605	adopt and enforce reasonable rules governing such photographing.
606	(d) Photographing of public records shall be done in the
607	room where the public records are kept. If, in the judgment of
608	the custodian of public records, this is impossible or
609	impracticable, such photographing shall be done in another room
610	or place, as nearly adjacent as possible to the room where the
611	public records are kept, to be determined by the custodian of
612	public records. Where provision of another room or place for
613	photographing is required, the expense of providing the same
614	shall be paid by the person desiring to photograph the public
615	record pursuant to paragraph (4)(e).
616	(3)(a) As an additional means of inspecting or copying
617	public records, a custodian of public records may provide access
618	to public records by remote electronic means, provided exempt or
619	confidential information is not disclosed.
620	(b) The custodian of public records shall provide
621	safeguards to protect the contents of public records from
622	unauthorized remote electronic access or alteration and to
623	prevent the disclosure or modification of those portions of
624	public records which are exempt or confidential from subsection
625	(1) or s. 24, Art. I of the State Constitution.
626	(c) Unless otherwise required by law, the custodian of
627	public records may charge a fee for remote electronic access,
628	granted under a contractual arrangement with a user, which fee
629	may include the direct and indirect costs of providing such
630	access. Fees for remote electronic access provided to the
631	general public shall be in accordance with the provisions of
632	this section.
633	(4) The custodian of public recordsshall furnish a copy
634	or a certified copy of the record upon payment of the fee
635	prescribed by law.or, If a fee is not prescribed by law, the
636	following fees are authorized:
637	(a)1. Up to 15 cents per one-sided copyfor duplicated
638	copies of not more than 14 inches by 8 1/2 inches;
639	2. An agency may charge no more than an additional 5 cents
640	for each two-sided copy;, upon payment of not more than 15 cents
641	per one-sided copy,and
642	3. For all other copies, upon payment ofthe actual cost
643	of duplication of the public record. An agency may charge no
644	more than an additional 5 cents for each two-sided duplicated
645	copy. For purposes of this section, duplicated copies shall mean
646	new copies produced by duplicating, as defined in s. 283.30.
647	The phrase "actual cost of duplication" means the cost of the
648	material and supplies used to duplicate the record, but it does
649	not include the labor cost or overhead cost associated with such
650	duplication. However,
651	(b)The charge for copies of county maps or aerial
652	photographs supplied by county constitutional officers may also
653	include a reasonable charge for the labor and overhead
654	associated with their duplication. Unless otherwise provided by
655	law, the fees to be charged for duplication of public records
656	shall be collected, deposited, and accounted for in the manner
657	prescribed for other operating funds of the agency.
658	(c)An agency may charge up to $1 per copy for a certified
659	copy of a public record.
660	(d)(b)If the nature or volume of public records requested
661	to be inspected, examined,or copied pursuant to this subsection
662	is such as to require extensive use of information technology
663	resources or extensive clerical or supervisory assistance by
664	personnel of the agency involved, or both, the agency may
665	charge, in addition to the actual cost of duplication, a special
666	service charge, which shall be reasonable and shall be based on
667	the cost incurred for such extensive use of information
668	technology resources or the labor cost of the personnel
669	providing the service that is actually incurred by the agency or
670	attributable to the agency for the clerical and supervisory
671	assistance required, or both.
672	(e)1. Where provision of another room or place is
673	necessary to photograph public records, the expense of providing
674	the same shall be paid by the person desiring to photograph the
675	public records.
676	2. The custodian of public records may charge the person
677	making the photographs for supervision services at a rate of
678	compensation to be agreed upon by the person desiring to make
679	the photographs and the custodian of public records. If they
680	fail to agree as to the appropriate charge, then the charge is
681	to be determined by the custodian of public records.
682	"Information technology resources" means data processing
683	hardware and software and services, communications, supplies,
684	personnel, facility resources, maintenance, and training.
685	(5)(c)When ballots are produced under this section for
686	inspection or examination, no persons other than the supervisor
687	of elections or the supervisor's employees shall touch the
688	ballots. The supervisor of elections shall make a reasonable
689	effort to notify all candidates by telephone or otherwise of the
690	time and place of the inspection or examination. All such
691	candidates, or their representatives, shall be allowed to be
692	present during the inspection or examination.
693	(2)(a) A person who has custody of a public record and who
694	asserts that an exemption provided in subsection (3) or in a
695	general or special law applies to a particular public record or
696	part of such record shall delete or excise from the record only
697	that portion of the record with respect to which an exemption
698	has been asserted and validly applies, and such person shall
699	produce the remainder of such record for inspection and
700	examination. If the person who has custody of a public record
701	contends that the record or part of it is exempt from inspection
702	and examination, he or she shall state the basis of the
703	exemption which he or she contends is applicable to the record,
704	including the statutory citation to an exemption created or
705	afforded by statute, and, if requested by the person seeking the
706	right under this subsection to inspect, examine, or copy the
707	record, he or she shall state in writing and with particularity
708	the reasons for the conclusion that the record is exempt.
709	(b) In any civil action in which an exemption to
710	subsection (1) is asserted, if the exemption is alleged to exist
711	under or by virtue of paragraph(c), paragraph (d), paragraph
712	(e), paragraph (k), paragraph(l), or paragraph (o) of subsection
713	(3), the public record or part thereof in question shall be
714	submitted to the court for an inspection in camera. If an
715	exemption is alleged to exist under or by virtue of paragraph
716	(b) of subsection (3), an inspection in camera will be
717	discretionary with the court. If the court finds that the
718	asserted exemption is not applicable, it shall order the public
719	record or part thereof in question to be immediately produced
720	for inspection, examination, or copying as requested by the
721	person seeking such access.
722	(c) Even if an assertion is made by the custodian of a
723	public record that a requested record is not a public record
724	subject to public inspection and examination under subsection
725	(1), the requested record shall, nevertheless, not be disposed
726	of for a period of 30 days after the date on which a written
727	request requesting the right to inspect, examine, or copy the
728	record was served on or otherwise made to the custodian of the
729	record by the person seeking access to the record. If a civil
730	action is instituted within the 30-day period to enforce the
731	provisions of this section with respect to the requested record,
732	the custodian shall not dispose of the record except by order of
733	a court of competent jurisdiction after notice to all affected
734	parties.
735	(d) The absence of a civil action instituted for the
736	purpose stated in paragraph (c) will not relieve the custodian
737	of the duty to maintain the record as a public record if the
738	record is in fact a public record subject to public inspection
739	and examination under subsection (1) and will not otherwise
740	excuse or exonerate the custodian from any unauthorized or
741	unlawful disposition of such record.
742	(6)(3)(a) Examination questions and answer sheets of
743	examinations administered by a governmental agency for the
744	purpose of licensure, certification, or employment are exempt
745	from the provisions of subsection (1) and s. 24(a), Art. I of
746	the State Constitution. A person who has taken such an
747	examination shall have the right to review his or her own
748	completed examination.
749	(b)1. Active criminal intelligence information and active
750	criminal investigative information are exempt from the
751	provisions of subsection (1) and s. 24(a), Art. I of the State
752	Constitution.
753	2. A request of a law enforcement agency to inspect or
754	copy a public record that is in the custody of another agency,
755	the custodian's response to the request, and any information
756	that would identify the public record that was requested by the
757	law enforcement agency or provided by the custodian are exempt
758	from the requirements of subsection (1) and s. 24(a), Art. I of
759	the State Constitution, during the period in which the
760	information constitutes criminal intelligencecriminal-
761	intelligence information or criminal investigativecriminal-
762	investigativeinformation that is active. This exemption is
763	remedial in nature, and it is the intent of the Legislature that
764	the exemption be applied to requests for information received
765	before, on, or after the effective date of this subparagraph.
766	The law enforcement agency shall give notice to the custodial
767	agency when the criminal intelligencecriminal-intelligence
768	information or criminal investigativecriminal-investigative
769	information is no longer active, so that the custodian's
770	response to the request and information that would identify the
771	public record requested are available to the public. This
772	subparagraph is subject to the Open Government Sunset Review Act
773	of 1995 in accordance with s. 119.15 and shall stand repealed
774	October 2, 2007, unless reviewed and saved from repeal through
775	reenactment by the Legislature.
776	(c) Any information revealing the identity of a
777	confidential informant or a confidential source is exempt from
778	the provisions of subsection (1) and s. 24(a), Art. I of the
779	State Constitution.
780	(d) Any information revealing surveillance techniques or
781	procedures or personnel is exempt from the provisions of
782	subsection (1) and s. 24(a), Art. I of the State Constitution.
783	Any comprehensive inventory of state and local law enforcement
784	resources compiled pursuant to part I, chapter 23, and any
785	comprehensive policies or plans compiled by a criminal justice
786	agency pertaining to the mobilization, deployment, or tactical
787	operations involved in responding to emergencies, as defined in
788	s. 252.34(3), are exempt from the provisions of subsection(1)
789	and s. 24(a), Art. I of the State Constitution and unavailable
790	for inspection, except by personnel authorized by a state or
791	local law enforcement agency, the office of the Governor, the
792	Department of Legal Affairs, the Department of Law Enforcement,
793	or the Department of Community Affairs as having an official
794	need for access to the inventory or comprehensive policies or
795	plans.
796	(e) Any information revealing undercover personnel of any
797	criminal justice agency is exempt from the provisions of
798	subsection (1) and s. 24(a), Art. I of the State Constitution.
799	(f) Any criminal intelligence information or criminal
800	investigative information including the photograph, name,
801	address, or other fact or information which reveals the identity
802	of the victim of the crime of sexual battery as defined in
803	chapter 794; the identity of the victim of a lewd or lascivious
804	offense committed upon or in the presence of a person less than
805	16 years of age, as defined in chapter 800; or the identity of
806	the victim of the crime of child abuse as defined by chapter 827
807	and any criminal intelligence information or criminal
808	investigative information or other criminal record, including
809	those portions of court records and court proceedings, which may
810	reveal the identity of a person who is a victim of any sexual
811	offense, including a sexual offense proscribed in chapter 794,
812	chapter 800, or chapter 827, is exempt from the provisions of
813	subsection(1) and s. 24(a), Art. I of the State Constitution.
814	(g) Any criminal intelligence information or criminal
815	investigative information which reveals the personal assets of
816	the victim of a crime, other than property stolen or destroyed
817	during the commission of the crime, is exempt from the
818	provisions of subsection (1) and s. 24(a), Art. I of the State
819	Constitution.
820	(h) All criminal intelligence and criminal investigative
821	information received by a criminal justice agency prior to
822	January 25, 1979, is exempt from the provisions of subsection
823	(1) and s. 24(a), Art. I of the State Constitution.
824	(i)1. The home addresses, telephone numbers, social
825	security numbers, and photographs of active or former law
826	enforcement personnel, including correctional and correctional
827	probation officers, personnel of the Department of Children and
828	Family Services whose duties include the investigation of abuse,
829	neglect, exploitation, fraud, theft, or other criminal
830	activities, personnel of the Department of Health whose duties
831	are to support the investigation of child abuse or neglect, and
832	personnel of the Department of Revenue or local governments
833	whose responsibilities include revenue collection and
834	enforcement or child support enforcement; the home addresses,
835	telephone numbers, social security numbers, photographs, and
836	places of employment of the spouses and children of such
837	personnel; and the names and locations of schools and day care
838	facilities attended by the children of such personnel are exempt
839	from the provisions of subsection(1). The home addresses,
840	telephone numbers, and photographs of firefighters certified in
841	compliance with s. 633.35; the home addresses, telephone
842	numbers, photographs, and places of employment of the spouses
843	and children of such firefighters; and the names and locations
844	of schools and day care facilities attended by the children of
845	such firefighters are exempt from subsection (1). The home
846	addresses and telephone numbers of justices of the Supreme
847	Court, district court of appeal judges, circuit court judges,
848	and county court judges; the home addresses, telephone numbers,
849	and places of employment of the spouses and children of justices
850	and judges; and the names and locations of schools and day care
851	facilities attended by the children of justices and judges are
852	exempt from the provisions of subsection (1). The home
853	addresses, telephone numbers, social security numbers, and
854	photographs of current or former state attorneys, assistant
855	state attorneys, statewide prosecutors, or assistant statewide
856	prosecutors; the home addresses, telephone numbers, social
857	security numbers, photographs, and places of employment of the
858	spouses and children of current or former state attorneys,
859	assistant state attorneys, statewide prosecutors, or assistant
860	statewide prosecutors; and the names and locations of schools
861	and day care facilities attended by the children of current or
862	former state attorneys, assistant state attorneys, statewide
863	prosecutors, or assistant statewide prosecutors are exempt from
864	subsection (1) and s. 24(a), Art. I of the State Constitution.
865	2. The home addresses, telephone numbers, social security
866	numbers, and photographs of current or former human resource,
867	labor relations, or employee relations directors, assistant
868	directors, managers, or assistant managers of any local
869	government agency or water management district whose duties
870	include hiring and firing employees, labor contract negotiation,
871	administration, or other personnel-related duties; the names,
872	home addresses, telephone numbers, social security numbers,
873	photographs, and places of employment of the spouses and
874	children of such personnel; and the names and locations of
875	schools and day care facilities attended by the children of such
876	personnel are exempt from subsection (1) and s. 24(a), Art. I of
877	the State Constitution. This subparagraph is subject to the
878	Open Government Sunset Review Act of 1995 in accordance with s.
879	119.15, and shall stand repealed on October 2, 2006, unless
880	reviewed and saved from repeal through reenactment by the
881	Legislature.
882	3. The home addresses, telephone numbers, social security
883	numbers, and photographs of current or former code enforcement
884	officers; the names, home addresses, telephone numbers, social
885	security numbers, photographs, and places of employment of the
886	spouses and children of such persons; and the names and
887	locations of schools and day care facilities attended by the
888	children of such persons are exempt from subsection (1) and s.
889	24(a), Art. I of the State Constitution. This subparagraph is
890	subject to the Open Government Sunset Review Act of 1995 in
891	accordance with s. 119.15, and shall stand repealed on October
892	2, 2006, unless reviewed and saved from repeal through
893	reenactment by the Legislature.
894	4. An agency that is the custodian of the personal
895	information specified in subparagraph 1., subparagraph 2., or
896	subparagraph 3. and that is not the employer of the officer,
897	employee, justice, judge, or other person specified in
898	subparagraph 1., subparagraph 2., or subparagraph 3. shall
899	maintain the exempt statusconfidentialityof the personal
900	information only if the officer, employee, justice, judge, other
901	person, or employing agency of the designated employee submits a
902	written request for maintenance of the exemptionconfidentiality
903	to the custodial agency.
904	(j) Any information provided to an agency of state
905	government or to an agency of a political subdivision of the
906	state for the purpose of forming ridesharing arrangements, which
907	information reveals the identity of an individual who has
908	provided his or her name for ridesharing, as defined in s.
909	341.031, is exempt from the provisions of subsection (1) and s.
910	24(a), Art. I of the State Constitution.
911	(k) Any information revealing the substance of a
912	confession of a person arrested is exempt from the provisions of
913	subsection (1) and s. 24(a), Art. I of the State Constitution,
914	until such time as the criminal case is finally determined by
915	adjudication, dismissal, or other final disposition.
916	(l)1. A public record which was prepared by an agency
917	attorney (including an attorney employed or retained by the
918	agency or employed or retained by another public officer or
919	agency to protect or represent the interests of the agency
920	having custody of the record) or prepared at the attorney's
921	express direction, which reflects a mental impression,
922	conclusion, litigation strategy, or legal theory of the attorney
923	or the agency, and which was prepared exclusively for civil or
924	criminal litigation or for adversarial administrative
925	proceedings, or which was prepared in anticipation of imminent
926	civil or criminal litigation or imminent adversarial
927	administrative proceedings, is exempt from the provisions of
928	subsection(1) and s. 24(a), Art. I of the State Constitution
929	until the conclusion of the litigation or adversarial
930	administrative proceedings. For purposes of capital collateral
931	litigation as set forth in s. 27.7001, the Attorney General's
932	office is entitled to claim this exemption for those public
933	records prepared for direct appeal as well as for all capital
934	collateral litigation after direct appeal until execution of
935	sentence or imposition of a life sentence.
936	2. This exemption is not waived by the release of such
937	public record to another public employee or officer of the same
938	agency or any person consulted by the agency attorney. When
939	asserting the right to withhold a public record pursuant to this
940	paragraph, the agency shall identify the potential parties to
941	any such criminal or civil litigation or adversarial
942	administrative proceedings. If a court finds that the document
943	or other record has been improperly withheld under this
944	paragraph, the party seeking access to such document or record
945	shall be awarded reasonable attorney's fees and costs in
946	addition to any other remedy ordered by the court.
947	(m) Sealed bids or proposals received by an agency
948	pursuant to invitations to bid or requests for proposals are
949	exempt from the provisions of subsection (1) and s. 24(a), Art.
950	I of the State Constitution until such time as the agency
951	provides notice of a decision or intended decision pursuant to
952	s. 120.57(3)(a) or within 10 days after bid or proposal opening,
953	whichever is earlier.
954	(n) When an agency of the executive branch of state
955	government seeks to acquire real property by purchase or through
956	the exercise of the power of eminent domain all appraisals,
957	other reports relating to value, offers, and counteroffers must
958	be in writing and are exempt from the provisions of subsection
959	(1) and s. 24(a), Art. I of the State Constitution until
960	execution of a valid option contract or a written offer to sell
961	that has been conditionally accepted by the agency, at which
962	time the exemption shall expire. The agency shall not finally
963	accept the offer for a period of 30 days in order to allow
964	public review of the transaction. The agency may give
965	conditional acceptance to any option or offer subject only to
966	final acceptance by the agency after the 30-day review period.
967	If a valid option contract is not executed, or if a written
968	offer to sell is not conditionally accepted by the agency, then
969	the exemption from the provisions of this chapter shall expire
970	at the conclusion of the condemnation litigation of the subject
971	property. An agency of the executive branch may exempt title
972	information, including names and addresses of property owners
973	whose property is subject to acquisition by purchase or through
974	the exercise of the power of eminent domain, from the provisions
975	of subsection (1) and s. 24(a), Art. I of the State Constitution
976	to the same extent as appraisals, other reports relating to
977	value, offers, and counteroffers. For the purpose of this
978	paragraph, "option contract" means an agreement of an agency of
979	the executive branch of state government to purchase real
980	property subject to final agency approval. This paragraph shall
981	have no application to other exemptions from the provisions of
982	subsection (1) which are contained in other provisions of law
983	and shall not be construed to be an express or implied repeal
984	thereof.
985	(o) Data processing software obtained by an agency under a
986	licensing agreement which prohibits its disclosure and which
987	software is a trade secret, as defined in s. 812.081, and
988	agency-produced data processing software which is sensitive are
989	exempt from the provisions of subsection (1) and s. 24(a), Art.
990	I of the State Constitution. The designation of agency-produced
991	software as sensitive shall not prohibit an agency head from
992	sharing or exchanging such software with another public agency.
993	As used in this paragraph:
994	1. "Data processing software" means the programs and
995	routines used to employ and control the capabilities of data
996	processing hardware, including, but not limited to, operating
997	systems, compilers, assemblers, utilities, library routines,
998	maintenance routines, applications, and computer networking
999	programs.
1000	2. "Sensitive" means only those portions of data
1001	processing software, including the specifications and
1002	documentation, used to:
1003	a. Collect, process, store, and retrieve information which
1004	is exempt from the provisions of subsection (1);
1005	b. Collect, process, store, and retrieve financial
1006	management information of the agency, such as payroll and
1007	accounting records; or
1008	c. Control and direct access authorizations and security
1009	measures for automated systems.
1010	(p) All complaints and other records in the custody of any
1011	unit of local government which relate to a complaint of
1012	discrimination relating to race, color, religion, sex, national
1013	origin, age, handicap, marital status, sale or rental of
1014	housing, the provision of brokerage services, or the financing
1015	of housing are exempt from the provisions of subsection (1) and
1016	s. 24(a), Art. I of the State Constitution until a finding is
1017	made relating to probable cause, the investigation of the
1018	complaint becomes inactive, or the complaint or other record is
1019	made part of the official record of any hearing or court
1020	proceeding. This provision shall not affect any function or
1021	activity of the Florida Commission on Human Relations. Any
1022	state or federal agency which is authorized to have access to
1023	such complaints or records by any provision of law shall be
1024	granted such access in the furtherance of such agency's
1025	statutory duties, notwithstanding the provisions of this
1026	section. This paragraph shall not be construed to modify or
1027	repeal any special or local act.
1028	(q) All complaints and other records in the custody of any
1029	agency in the executive branch of state government which relate
1030	to a complaint of discrimination relating to race, color,
1031	religion, sex, national origin, age, handicap, or marital status
1032	in connection with hiring practices, position classifications,
1033	salary, benefits, discipline, discharge, employee performance,
1034	evaluation, or other related activities are exempt from the
1035	provisions of subsection (1) and s. 24(a), Art. I of the State
1036	Constitution until a finding is made relating to probable cause,
1037	the investigation of the complaint becomes inactive, or the
1038	complaint or other record is made part of the official record of
1039	any hearing or court proceeding. This provision shall not
1040	affect any function or activity of the Florida Commission on
1041	Human Relations. Any state or federal agency which is
1042	authorized to have access to such complaints or records by any
1043	provision of law shall be granted such access in the furtherance
1044	of such agency's statutory duties, notwithstanding the
1045	provisions of this section.
1046	(r) All records supplied by a telecommunications company,
1047	as defined by s. 364.02, to a state or local governmental agency
1048	which contain the name, address, and telephone number of
1049	subscribers are confidential and exempt from the provisions of
1050	subsection (1) and s. 24(a), Art. I of the State Constitution.
1051	(s)1. Any document that reveals the identity, home or
1052	employment telephone number, home or employment address, or
1053	personal assets of the victim of a crime and identifies that
1054	person as the victim of a crime, which document is received by
1055	any agency that regularly receives information from or
1056	concerning the victims of crime, is exempt from the provisions
1057	of subsection(1) and s. 24(a), Art. I of the State Constitution.
1058	Any information not otherwise held confidential or exempt or
1059	confidentialfrom the provisions of subsection (1) which reveals
1060	the home or employment telephone number, home or employment
1061	address, or personal assets of a person who has been the victim
1062	of sexual battery, aggravated child abuse, aggravated stalking,
1063	harassment, aggravated battery, or domestic violence is exempt
1064	from the provisions of subsection (1) and s. 24(a), Art. I of
1065	the State Constitution, upon written request by the victim,
1066	which must include official verification that an applicable
1067	crime has occurred. Such information shall cease to be exempt 5
1068	years after the receipt of the written request. Any state or
1069	federal agency that is authorized to have access to such
1070	documents by any provision of law shall be granted such access
1071	in the furtherance of such agency's statutory duties,
1072	notwithstanding the provisions of this section.
1073	2. Any information in a videotaped statement of a minor
1074	who is alleged to be or who is a victim of sexual battery, lewd
1075	acts, or other sexual misconduct proscribed in chapter 800 or in
1076	s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
1077	847.0133, or s. 847.0145, which reveals that minor's identity,
1078	including, but not limited to, the minor's face; the minor's
1079	home, school, church, or employment telephone number; the
1080	minor's home, school, church, or employment address; the name of
1081	the minor's school, church, or place of employment; or the
1082	personal assets of the minor; and which identifies that minor as
1083	the victim of a crime described in this subparagraph, is
1084	confidential and exempt from subsection (1) and s. 24(a), Art. I
1085	of the State Constitution. Any governmental agency that is
1086	authorized to have access to such statements by any provision of
1087	law shall be granted such access in the furtherance of the
1088	agency's statutory duties, notwithstanding the provisions of
1089	this section. This subparagraph is subject to the Open
1090	Government Sunset Review Act of 1995 in accordance with s.
1091	119.15, and shall stand repealed on October 2, 2003.
1092	3. A public employee or officer who has access to the
1093	videotaped statement of a minor who is alleged to be or who is a
1094	victim of sexual battery, lewd acts, or other sexual misconduct
1095	proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
1096	847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145,
1097	may not willfully and knowingly disclose videotaped information
1098	that reveals that minor's identity to a person who is not
1099	assisting in the investigation or prosecution of the alleged
1100	offense or to any person other than the defendant, the
1101	defendant's attorney, or a person specified in an order entered
1102	by the court having jurisdiction of the alleged offense.
1103	4. A person who violates subparagraph 3. commits a
1104	misdemeanor of the first degree, punishable as provided in s.
1105	775.082 or s. 775.083.
1106	(t) Any financial statement which an agency requires a
1107	prospective bidder to submit in order to prequalify for bidding
1108	or for responding to a proposal for a road or any other public
1109	works project is exempt from the provisions of subsection (1)
1110	and s. 24(a), Art. I of the State Constitution.
1111	(u) Where the alleged victim chooses not to file a
1112	complaint and requests that records of the complaint remain
1113	confidential, all records relating to an allegation of
1114	employment discrimination are confidential and exempt from the
1115	provisions of subsection (1) and s. 24(a), Art. I of the State
1116	Constitution.
1117	(v) Medical information pertaining to a prospective,
1118	current, or former officer or employee of an agency which, if
1119	disclosed, would identify that officer or employee is exempt
1120	from the provisions of subsection(1) and s. 24(a), Art. I of the
1121	State Constitution. However, such information may be disclosed
1122	if the person to whom the information pertains or the person's
1123	legal representative provides written permission or pursuant to
1124	court order.
1125	(w)1. If certified pursuant to subparagraph 2., an
1126	investigatory record of the Chief Inspector General within the
1127	Executive Office of the Governor or of the employee designated
1128	by an agency head as the agency inspector general under s.
1129	112.3189 is exempt from the provisions of subsection (1) and s.
1130	24(a), Art. I of the State Constitution until the investigation
1131	ceases to be active, or a report detailing the investigation is
1132	provided to the Governor or the agency head, or 60 days from the
1133	inception of the investigation for which the record was made or
1134	received, whichever first occurs. Investigatory records are
1135	those records which are related to the investigation of an
1136	alleged, specific act or omission or other wrongdoing, with
1137	respect to an identifiable person or group of persons, based on
1138	information compiled by the Chief Inspector General or by an
1139	agency inspector general, as named under the provisions of s.
1140	112.3189, in the course of an investigation. An investigation is
1141	active if it is continuing with a reasonable, good faith
1142	anticipation of resolution and with reasonable dispatch.
1143	2. The Governor, in the case of the Chief Inspector
1144	General, or agency head, in the case of an employee designated
1145	as the agency inspector general under s. 112.3189, may certify
1146	such investigatory records require an exemption to protect the
1147	integrity of the investigation or avoid unwarranted damage to an
1148	individual's good name or reputation. The certification shall
1149	specify the nature and purpose of the investigation and shall be
1150	kept with the exempt records and made public when the records
1151	are made public.
1152	3. The provisions of this paragraph do not apply to
1153	whistle-blower investigations conducted pursuant to the
1154	provisions of ss. 112.3187, 112.3188, 112.3189, and 112.31895.
1155	(x) The social security numbers of all current and former
1156	agency employees which numbers are contained in agency
1157	employment records are exempt from subsection(1) and exempt from
1158	s. 24(a), Art. I of the State Constitution. As used in this
1159	paragraph, the term "agency" means an agency as defined in s.
1160	119.011.
1161	(y) The audit report of an internal auditor prepared for
1162	or on behalf of a unit of local government becomes a public
1163	record when the audit becomes final. As used in this paragraph,
1164	"unit of local government" means a county, municipality, special
1165	district, local agency, authority, consolidated city-county
1166	government, or any other local governmental body or public body
1167	corporate or politic authorized or created by general or special
1168	law. An audit becomes final when the audit report is presented
1169	to the unit of local government. Audit workpapers and notes
1170	related to such audit report are confidential and exempt from
1171	the provisions of subsection(1) and s. 24(a), Art. I of the
1172	State Constitution until the audit is completed and the audit
1173	report becomes final.
1174	(z) Any data, record, or document used directly or solely
1175	by a municipally owned utility to prepare and submit a bid
1176	relative to the sale, distribution, or use of any service,
1177	commodity, or tangible personal property to any customer or
1178	prospective customer shall be exempt from the provisions of
1179	subsection (1) and s. 24(a), Art. I of the State Constitution.
1180	This exemption commences when a municipal utility identifies in
1181	writing a specific bid to which it intends to respond. This
1182	exemption no longer applies when the contract for sale,
1183	distribution, or use of the service, commodity, or tangible
1184	personal property is executed, a decision is made not to execute
1185	such contract, or the project is no longer under active
1186	consideration. The exemption in this paragraph includes the bid
1187	documents actually furnished in response to the request for
1188	bids. However, the exemption for the bid documents submitted no
1189	longer applies after the bids are opened by the customer or
1190	prospective customer.
1191	(aa) Upon a request made in a form designated by the
1192	Department of Highway Safety and Motor Vehicles, personal
1193	information contained in a motor vehicle record that identifies
1194	the requester is exempt from subsection(1) and s. 24(a), Art. I
1195	of the State Constitution except as provided in this paragraph.
1196	Personal information includes, but is not limited to, the
1197	requester's social security number, driver identification
1198	number, name, address, telephone number, and medical or
1199	disability information. For purposes of this paragraph,
1200	personal information does not include information relating to
1201	vehicular crashes, driving violations, and driver's status.
1202	Such request may be made only by the person who is the subject
1203	of the motor vehicle record. For purposes of this paragraph,
1204	"motor vehicle record" means any record that pertains to a motor
1205	vehicle operator's permit, motor vehicle title, motor vehicle
1206	registration, or identification card issued by the Department of
1207	Highway Safety and Motor Vehicles. Personal information
1208	contained in motor vehicle records exempted by an individual's
1209	request pursuant to this paragraph shall be released by the
1210	department for any of the following uses:
1211	1. For use in connection with matters of motor vehicle or
1212	driver safety and theft; motor vehicle emissions; motor vehicle
1213	product alterations, recalls, or advisories; performance
1214	monitoring of motor vehicles and dealers by motor vehicle
1215	manufacturers; and removal of nonowner records from the original
1216	owner records of motor vehicle manufacturers, to carry out the
1217	purposes of the Automobile Information Disclosure Act, the Motor
1218	Vehicle Information and Cost Saving Act, the National Traffic
1219	and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
1220	1992, and the Clean Air Act.
1221	2. For use by any government agency, including any court
1222	or law enforcement agency, in carrying out its functions, or any
1223	private person or entity acting on behalf of a federal, state,
1224	or local agency in carrying out its functions.
1225	3. For use in connection with matters of motor vehicle or
1226	driver safety and theft; motor vehicle emissions; motor vehicle
1227	product alterations, recalls, or advisories; performance
1228	monitoring of motor vehicles, motor vehicle parts, and dealers;
1229	motor vehicle market research activities, including survey
1230	research; and removal of nonowner records from the original
1231	owner records of motor vehicle manufacturers.
1232	4. For use in the normal course of business by a
1233	legitimate business or its agents, employees, or contractors,
1234	but only:
1235	a. To verify the accuracy of personal information
1236	submitted by the individual to the business or its agents,
1237	employees, or contractors; and
1238	b. If such information as so submitted is not correct or
1239	is no longer correct, to obtain the correct information, but
1240	only for the purposes of preventing fraud by, pursuing legal
1241	remedies against, or recovering on a debt or security interest
1242	against, the individual.
1243	5. For use in connection with any civil, criminal,
1244	administrative, or arbitral proceeding in any court or agency or
1245	before any self-regulatory body for:
1246	a. Service of process by any certified process server,
1247	special process server, or other person authorized to serve
1248	process in this state.
1249	b. Investigation in anticipation of litigation by an
1250	attorney licensed to practice law in this state or the agent of
1251	the attorney.
1252	c. Investigation by any person in connection with any
1253	filed proceeding.
1254	d. Execution or enforcement of judgments and orders. e.
1255	Compliance with an order of any court.
1256	6. For use in research activities and for use in producing
1257	statistical reports, so long as the personal information is not
1258	published, redisclosed, or used to contact individuals.
1259	7. For use by any insurer or insurance support
1260	organization, or by a self-insured entity, or its agents,
1261	employees, or contractors, in connection with claims
1262	investigation activities, anti-fraud activities, rating, or
1263	underwriting.
1264	8. For use in providing notice to the owners of towed or
1265	impounded vehicles.
1266	9. For use by any licensed private investigative agency or
1267	licensed security service for any purpose permitted under this
1268	paragraph. Personal information obtained based on an exempt
1269	driver's record may not be provided to a client who cannot
1270	demonstrate a need based on a police report, court order, or a
1271	business or personal relationship with the subject of the
1272	investigation.
1273	10. For use by an employer or its agent or insurer to
1274	obtain or verify information relating to a holder of a
1275	commercial driver's license that is required under the
1276	Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App.
1277	2710 et seq.
1278	11. For use in connection with the operation of private
1279	toll transportation facilities.
1280	12. For bulk distribution for surveys, marketing, or
1281	solicitations when the department has implemented methods and
1282	procedures to ensure that:
1283	a. Individuals are provided an opportunity, in a clear and
1284	conspicuous manner, to prohibit such uses; and
1285	b. The information will be used, rented, or sold solely
1286	for bulk distribution for survey, marketing, and solicitations,
1287	and that surveys, marketing, and solicitations will not be
1288	directed at those individuals who have timely requested that
1289	they not be directed at them.
1290	13. For any use if the requesting person demonstrates that
1291	he or she has obtained the written consent of the person who is
1292	the subject of the motor vehicle record.
1293	14. For any other use specifically authorized by state
1294	law, if such use is related to the operation of a motor vehicle
1295	or public safety.
1296
1297	Personal information exempted from public disclosure according
1298	to this paragraph may be disclosed by the Department of Highway
1299	Safety and Motor Vehicles to an individual, firm, corporation,
1300	or similar business entity whose primary business interest is to
1301	resell or redisclose the personal information to persons who are
1302	authorized to receive such information. Prior to the
1303	department's disclosure of personal information, such
1304	individual, firm, corporation, or similar business entity must
1305	first enter into a contract with the department regarding the
1306	care, custody, and control of the personal information to ensure
1307	compliance with the federal Driver's Privacy Protection Act of
1308	1994 and applicable state laws. An authorized recipient of
1309	personal information contained in a motor vehicle record, except
1310	a recipient under subparagraph 12., may contract with the
1311	Department of Highway Safety and Motor Vehicles to resell or
1312	redisclose the information for any use permitted under this
1313	paragraph. However, only authorized recipients of personal
1314	information under subparagraph 12. may resell or redisclose
1315	personal information pursuant to subparagraph 12. Any
1316	authorized recipient who resells or rediscloses personal
1317	information shall maintain, for a period of 5 years, records
1318	identifying each person or entity that receives the personal
1319	information and the permitted purpose for which it will be used.
1320	Such records shall be made available for inspection upon request
1321	by the department. The department shall adopt rules to carry out
1322	the purposes of this paragraph and the federal Driver's Privacy
1323	Protection Act of 1994, Title XXX, Pub. L. No. 103-322. Rules
1324	adopted by the department shall provide for the payment of
1325	applicable fees and, prior to the disclosure of personal
1326	information pursuant to this paragraph, shall require the
1327	meeting of conditions by the requesting person for the purposes
1328	of obtaining reasonable assurance concerning the identity of
1329	such requesting person, and, to the extent required, assurance
1330	that the use will be only as authorized or that the consent of
1331	the person who is the subject of the personal information has
1332	been obtained. Such conditions may include, but need not be
1333	limited to, the making and filing of a written application in
1334	such form and containing such information and certification
1335	requirements as the department requires.
1336	(bb)1. Medical history records, bank account numbers,
1337	credit card numbers, telephone numbers, and information related
1338	to health or property insurance furnished by an individual to
1339	any agency pursuant to federal, state, or local housing
1340	assistance programs are confidential and exempt from the
1341	provisions of subsection (1) and s. 24(a), Art. I of the State
1342	Constitution. Any other information produced or received by any
1343	private or public entity in direct connection with federal,
1344	state, or local housing assistance programs, unless the subject
1345	of another federal or state exemption, is subject to subsection
1346	(1).
1347	2. Governmental agencies or their agents are entitled to
1348	access to the records specified in this paragraph for the
1349	purposes of auditing federal, state, or local housing programs
1350	or housing assistance programs. Such records may be used by an
1351	agency, as needed, in any administrative or judicial proceeding,
1352	provided such records are kept confidential and exempt, unless
1353	otherwise ordered by a court.
1354	3. This paragraph is repealed effective October 2, 2003,
1355	and must be reviewed by the Legislature before that date in
1356	accordance with s. 119.15, the Open Government Sunset Review Act
1357	of 1995.
1358	(cc) All personal identifying information; bank account
1359	numbers; and debit, charge, and credit card numbers contained in
1360	records relating to an individual's personal health or
1361	eligibility for health-related services made or received by the
1362	Department of Health or its service providers are confidential
1363	and exempt from the provisions of subsection (1) and s. 24(a),
1364	Art. I of the State Constitution, except as otherwise provided
1365	in this paragraph. Information made confidential and exempt by
1366	this paragraph shall be disclosed:
1367	1. With the express written consent of the individual or
1368	the individual's legally authorized representative.
1369	2. In a medical emergency, but only to the extent
1370	necessary to protect the health or life of the individual.
1371	3. By court order upon a showing of good cause.
1372	4. To a health research entity, if the entity seeks the
1373	records or data pursuant to a research protocol approved by the
1374	department, maintains the records or data in accordance with the
1375	approved protocol, and enters into a purchase and data-use
1376	agreement with the department, the fee provisions of which are
1377	consistent with subsection (4)paragraph (1)(a). The department
1378	may deny a request for records or data if the protocol provides
1379	for intrusive follow-back contacts, has not been approved by a
1380	human studies institutional review board, does not plan for the
1381	destruction of confidential records after the research is
1382	concluded, is administratively burdensome, or does not have
1383	scientific merit. The agreement must restrict the release of
1384	any information, which would permit the identification of
1385	persons, limit the use of records or data to the approved
1386	research protocol, and prohibit any other use of the records or
1387	data. Copies of records or data issued pursuant to this
1388	subparagraph remain the property of the department.
1389
1390	This paragraph is subject to the Open Government Sunset Review
1391	Act of 1995, in accordance with s. 119.15, and shall stand
1392	repealed on October 2, 2006, unless reviewed and saved from
1393	repeal through reenactment by the Legislature.
1394	(dd) Bank account numbers and debit, charge, and credit
1395	card numbers held by an agency are exempt from subsection (1)
1396	and s. 24(a), Art. I of the State Constitution. This exemption
1397	applies to bank account numbers and debit, charge, and credit
1398	card numbers held by an agency before, on, or after the
1399	effective date of this exemption. This paragraph is subject to
1400	the Open Government Sunset Review Act of 1995 in accordance with
1401	s. 119.15, and shall stand repealed on October 2, 2007, unless
1402	reviewed and saved from repeal through reenactment by the
1403	Legislature.
1404	(ee) Building plans, blueprints, schematic drawings, and
1405	diagrams, including draft, preliminary, and final formats, which
1406	depict the internal layout and structural elements of a
1407	building, arena, stadium, water treatment facility, or other
1408	structure owned or operated by an agency as defined in s.
1409	119.011 are exempt from the provisions of subsection (1) and s.
1410	24(a), Art. I of the State Constitution. This exemption applies
1411	to building plans, blueprints, schematic drawings, and diagrams,
1412	including draft, preliminary, and final formats, which depict
1413	the internal layout and structural elements of a building,
1414	arena, stadium, water treatment facility, or other structure
1415	owned or operated by an agency before, on, or after the
1416	effective date of this act. Information made exempt by this
1417	paragraph may be disclosed to another governmental entity if
1418	disclosure is necessary for the receiving entity to perform its
1419	duties and responsibilities; to a licensed architect, engineer,
1420	or contractor who is performing work on or related to the
1421	building, arena, stadium, water treatment facility, or other
1422	structure owned or operated by an agency; or upon a showing of
1423	good cause before a court of competent jurisdiction. The
1424	entities or persons receiving such information shall maintain
1425	the exempt status of the information. This paragraph is subject
1426	to the Open Government Sunset Review Act of 1995 in accordance
1427	with s. 119.15, and shall stand repealed on October 2, 2007,
1428	unless reviewed and reenacted by the Legislature.
1429	(ff)1. Until January 1, 2006, if a social security number,
1430	made confidential and exempt pursuant to s. 119.0721119.072,
1431	created pursuant to s. 1, ch. 2002-256, passed during the 2002
1432	regular legislative session,or a complete bank account, debit,
1433	charge, or credit card number made exempt pursuant to s.
1434	119.07(6)(dd)(ee), created pursuant to s. 1, ch. 2002-257,
1435	passed during the 2002 regular legislative session,is or has
1436	been included in a court file, such number may be included as
1437	part of the court record available for public inspection and
1438	copying unless redaction is requested by the holder of such
1439	number, or by the holder's attorney or legal guardian, in a
1440	signed, legibly written request specifying the case name, case
1441	number, document heading, and page number. The request must be
1442	delivered by mail, facsimile, electronic transmission, or in
1443	person to the clerk of the circuit court. The clerk of the
1444	circuitcourt does not have a duty to inquire beyond the written
1445	request to verify the identity of a person requesting redaction.
1446	A fee may not be charged for the redaction of a social security
1447	number or a bank account, debit, charge, or credit card number
1448	pursuant to such request.
1449	2. Any person who prepares or files a document to be
1450	recorded in the official records by the county recorder as
1451	provided in chapter 28 may not include a person's social
1452	security number or complete bank account, debit, charge, or
1453	credit card number in that document unless otherwise expressly
1454	required by law. Until January 1, 2006, if a social security
1455	number or a complete bank account, debit, charge or credit card
1456	number is or has been included in a document presented to the
1457	county recorder for recording in the official records of the
1458	county, such number may be made available as part of the
1459	official record available for public inspection and copying. Any
1460	person, or his or her attorney or legal guardian, may request
1461	that a county recorder remove from an image or copy of an
1462	official record placed on a county recorder's publicly available
1463	Internet website, or a publicly available Internet website used
1464	by a county recorder to display public records outside the
1465	office or otherwise made electronically available outside the
1466	county recorder's office to the general public, his or her
1467	social security number or complete bankaccount, debit, charge,
1468	or credit card number contained in that official record. Such
1469	request must be legibly written, signed by the requester, and
1470	delivered by mail, facsimile, electronic transmission, or in
1471	person to the county recorder. The request must specify the
1472	identification page number of the document that contains the
1473	number to be redacted. The county recorder does not have a duty
1474	to inquire beyond the written request to verify the identity of
1475	a person requesting redaction. A fee may not be charged for
1476	redacting such numbers.
1477	3. Upon the effective date of this act, subsections(3) and
1478	(4) of s. 119.0721119.072, do not apply to the clerks of the
1479	circuitcourt or the county recorder with respect to court
1480	records and official records.
1481	4. On January 1, 2006, and thereafter, the clerk of the
1482	circuitcourt and the county recorder must keep complete bank
1483	account, debit, charge, and credit card numbers exempt as
1484	provided for in s. 119.07(6)(dd)(3)(ee), and must keep social
1485	security numbers confidential and exempt as provided for in s.
1486	119.0721119.072, without any person having to request
1487	redaction.
1488	(gg) Any videotape or video signal which, under an
1489	agreement with an agency, is produced, made, or received by, or
1490	is in the custody of, a federally licensed radio or television
1491	station or its agent is exempt from this chapter.
1492	(7)(4)Nothing in this section shall be construed to
1493	exempt from subsection(1) a public record which was made a part
1494	of a court file and which is not specifically closed by order of
1495	court, except as provided in paragraphs (c), (d),(e), (k), (l),
1496	and (o) of subsection (6)(3)and except information or records
1497	which may reveal the identity of a person who is a victim of a
1498	sexual offense as provided in paragraph (f) of subsection (6)
1499	(3).
1500	(5) An exemption from this section does not imply an
1501	exemption from or exception to s. 286.011. The exemption from
1502	or exception to s. 286.011 must be expressly provided.
1503	(8)(6) Nothing in subsection (6)(3)or any other general
1504	or special law shall limit the access of the Auditor General,
1505	the Office of Program Policy Analysis and Government
1506	Accountability, or any state, county, municipal, university,
1507	board of community college, school district, or special district
1508	internal auditor to public records when such person states in
1509	writing that such records are needed for a properly authorized
1510	audit, examination, or investigation. Such person shall
1511	maintain the exempt orconfidential statusconfidentiality of a
1512	any public recordrecords that is exempt or are confidential or
1513	exemptfrom the provisions of subsection (1) and shall be
1514	subject to the same penalties as the custodiancustodians of
1515	that recordthose public records for public disclosure of such
1516	recordviolating confidentiality.
1517	(7)(a) Any person or organization, including the
1518	Department of Children and Family Services, may petition the
1519	court for an order making public the records of the Department
1520	of Children and Family Services that pertain to investigations
1521	of alleged abuse, neglect, abandonment, or exploitation of a
1522	child or a vulnerable adult. The court shall determine if good
1523	cause exists for public access to the records sought or a
1524	portion thereof. In making this determination, the court shall
1525	balance the best interest of the vulnerable adult or child who
1526	is the focus of the investigation, and in the case of the child,
1527	the interest of that child's siblings, together with the privacy
1528	right of other persons identified in the reports against the
1529	public interest. The public interest in access to such records
1530	is reflected in s. 119.01(1), and includes the need for citizens
1531	to know of and adequately evaluate the actions of the Department
1532	of Children and Family Services and the court system in
1533	providing vulnerable adults and children of this state with the
1534	protections enumerated in ss. 39.001 and 415.101. However, this
1535	subsection does not contravene ss. 39.202 and 415.107, which
1536	protect the name of any person reporting the abuse, neglect, or
1537	exploitation of a child or a vulnerable adult.
1538	(b) In cases involving serious bodily injury to a child or
1539	a vulnerable adult, the Department of Children and Family
1540	Services may petition the court for an order for the immediate
1541	public release of records of the department which pertain to the
1542	protective investigation. The petition must be personally
1543	served upon the child or vulnerable adult, the child's parents
1544	or guardian, the legal guardian of that person, if any, and any
1545	person named as an alleged perpetrator in the report of abuse,
1546	neglect, abandonment, or exploitation. The court must determine
1547	if good cause exists for the public release of the records
1548	sought no later than 24 hours, excluding Saturdays, Sundays, and
1549	legal holidays, after the date the department filed the petition
1550	with the court. If the court has neither granted nor denied the
1551	petition within the 24-hour time period, the department may
1552	release to the public summary information including:
1553	1. A confirmation that an investigation has been conducted
1554	concerning the alleged victim.
1555	2. The dates and brief description of procedural
1556	activities undertaken during the department's investigation.
1557	3. The date of each judicial proceeding, a summary of each
1558	participant's recommendations made at the judicial proceedings,
1559	and the rulings of the court.
1560
1561	The summary information may not include the name of, or other
1562	identifying information with respect to, any person identified
1563	in any investigation. In making a determination to release
1564	confidential information, the court shall balance the best
1565	interests of the vulnerable adult or child who is the focus of
1566	the investigation and, in the case of the child, the interests
1567	of that child's siblings, together with the privacy rights of
1568	other persons identified in the reports against the public
1569	interest for access to public records. However, this paragraph
1570	does not contravene ss. 39.202 and 415.107, which protect the
1571	name of any person reporting abuse, neglect, or exploitation of
1572	a child or a vulnerable adult.
1573	(c) When the court determines that good cause for public
1574	access exists, the court shall direct that the department redact
1575	the name of and other identifying information with respect to
1576	any person identified in any protective investigation report
1577	until such time as the court finds that there is probable cause
1578	to believe that the person identified committed an act of
1579	alleged abuse, neglect, or abandonment.
1580	(9)(8)The provisions of this section are not intended to
1581	expand or limit the provisions of Rule 3.220, Florida Rules of
1582	Criminal Procedure, regarding the right and extent of discovery
1583	by the state or by a defendant in a criminal prosecution or in
1584	collateral postconviction proceedings. This section may not be
1585	used by any inmate as the basis for failing to timely litigate
1586	any postconviction action.
1587	Section 9. Section 119.08, Florida Statutes, is repealed.
1588	Section 10. Section 119.084, Florida Statutes, is amended
1589	to read:
1590	119.084 Definitions; copyright of data processing software
1591	created by governmental agencies; sale price and licensing fee;
1592	access to public records; prohibited contracts.--
1593	(1) As used in this section, the term:
1594	(a)"agency" has the same meaning as in s. 119.011(2),
1595	except that the term does not include any private agency,
1596	person, partnership, corporation, or business entity.
1597	(b) "Data processing software" means the programs and
1598	routines used to employ and control the capabilities of data
1599	processing hardware, including, but not limited to, operating
1600	systems, compilers, assemblers, utilities, library routines,
1601	maintenance routines, applications, and computer networking
1602	programs.
1603	(c) "Proprietary software" means data processing software
1604	that is protected by copyright or trade secret laws.
1605	(2) Any agency is authorized to acquire and hold
1606	copyrights for data processing software created by the agency
1607	and to enforce its rights pertaining to such copyrights,
1608	provided that the agency complies with the requirements of this
1609	section.
1610	(a) Any agency that has acquired a copyright for data
1611	processing software created by the agency may sell or license
1612	the copyrighted data processing software to any public agency or
1613	private person and may establish a price for the sale and a
1614	license fee for the use of such data processing software.
1615	Proceeds from the sale or licensing of copyrighted data
1616	processing software shall be deposited by the agency into a
1617	trust fund for the agency's appropriate use for authorized
1618	purposes. Counties, municipalities, and other political
1619	subdivisions of the state may designate how such sale and
1620	licensing proceeds are to be used. The price for the sale of
1621	and the fee for the licensing of copyrighted data processing
1622	software may be based on market considerations. However, the
1623	prices or fees for the sale or licensing of copyrighted data
1624	processing software to an individual or entity solely for
1625	application to information maintained or generated by the agency
1626	that created the copyrighted data processing software shall be
1627	determined pursuant to s. 119.07(4)(1).
1628	(b) The provisions of this subsection are supplemental to,
1629	and shall not supplant or repeal, any other provision of law
1630	that authorizes an agency to acquire and hold copyrights.
1631	(3) Subject to the restrictions of copyright and trade
1632	secret laws and public records exemptions, agency use of
1633	proprietary software must not diminish the right of the public
1634	to inspect and copy a public record.
1635	(4) An agency must consider when designing or acquiring an
1636	electronic recordkeeping system that such system is capable of
1637	providing data in some common format such as, but not limited
1638	to, the American Standard Code for Information Interchange.
1639	(5) Each agency that maintains a public record in an
1640	electronic recordkeeping system shall provide to any person,
1641	pursuant to this chapter, a copy of any public record in that
1642	system which is not exempted by law from public disclosure. An
1643	agency must provide a copy of the record in the medium requested
1644	if the agency maintains the record in that medium, and the
1645	agency may charge a fee which shall be in accordance with this
1646	chapter. For the purpose of satisfying a public records request,
1647	the fee to be charged by an agency if it elects to provide a
1648	copy of a public record in a medium not routinely used by the
1649	agency, or if it elects to compile information not routinely
1650	developed or maintained by the agency or that requires a
1651	substantial amount of manipulation or programming, must be in
1652	accordance with s. 119.07(1)(b).
1653	(6) An agency may not enter into a contract for the
1654	creation or maintenance of a public records database if that
1655	contract impairs the ability of the public to inspect or copy
1656	the public records of that agency, including public records that
1657	are on-line or stored in an electronic recordkeeping system used
1658	by the agency. Such contract may not allow any impediment that
1659	as a practical matter makes it more difficult for the public to
1660	inspect or copy the records than to inspect or copy the agency's
1661	records. The fees and costs for the production of such records
1662	may not be more than the fees or costs charged by the agency.
1663	(3)(7)This section is subject to the Open Government
1664	Sunset Review Act of 1995 in accordance with s. 119.15 and shall
1665	stand repealed on October 2, 2006, unless reviewed and saved
1666	from repeal through reenactment by the Legislature.
1667	Section 11. Sections 119.085 and 119.09, Florida Statutes,
1668	are repealed.
1669	Section 12. Section 119.10, Florida Statutes, is amended
1670	to read:
1671	119.10 Violation of chapter; penalties.--
1672	(1) Any public officer who violates any provision of this
1673	chapter is guilty of a noncriminal infraction, punishable by
1674	fine not exceeding $500.
1675	(2) Any person who willfully and knowingly violates:
1676	violating
1677	(a) Any of the provisions of this chapter commitsis
1678	guilty ofa misdemeanor of the first degree, punishable as
1679	provided in s. 775.082 or s. 775.083.
1680	(b)(3)SectionAny person who willfully and knowingly
1681	violates s.119.105 commits a felony of the third degree,
1682	punishable as provided in s. 775.082, s. 775.083, or s.775.084.
1683	Section 13. Section 119.105, Florida Statutes, is amended
1684	to read:
1685	119.105 Protection of victims of crimes or
1686	accidents.--Police reports are public records except as
1687	otherwise made exempt or confidential by general or special law.
1688	Every person is allowed to examine nonexempt or nonconfidential
1689	police reports. No person who inspects or copies police reports
1690	for the purpose of obtaining the names and addresses of the
1691	victims of crimes or accidents shall use any information
1692	contained therein for any commercial solicitation of the victims
1693	or relatives of the victims of the reported crimes or accidents.
1694	Nothing herein shall prohibit the publication of such
1695	information by any news media or the use of such information for
1696	any other data collection or analysis purposes.
1697	Section 14. Paragraph (a) of subsection (1) of section
1698	120.55, Florida Statutes, is amended to read:
1699	120.55 Publication.--
1700	(1) The Department of State shall:
1701	(a)1. Through a continuous revision system, compile and
1702	publish the "Florida Administrative Code." The Florida
1703	Administrative Code shall containPublish in a permanent
1704	compilation entitled "Florida Administrative Code"all rules
1705	adopted by each agency, citing the specific rulemaking authority
1706	pursuant to which each rule was adopted, all history notes as
1707	authorized in s. 120.545(9), and complete indexes to all rules
1708	contained in the code. Supplementation shall be made as often
1709	as practicable, but at least monthly. The department may
1710	contract with a publishing firm for the publication, in a timely
1711	and useful form, of the Florida Administrative Code; however,
1712	the department shall retain responsibility for the code as
1713	provided in this section. This publication shall be the
1714	official compilation of the administrative rules of this state.
1715	The Department of State shall retain the copyright over the
1716	Florida Administrative Code.
1717	2. Rules general in form but applicable to only one school
1718	district, community college district, or county, or a part
1719	thereof, or state university rules relating to internal
1720	personnel or business and finance shall not be published in the
1721	Florida Administrative Code. Exclusion from publication in the
1722	Florida Administrative Code shall not affect the validity or
1723	effectiveness of such rules.
1724	3. At the beginning of the section of the code dealing
1725	with an agency that files copies of its rules with the
1726	department, the department shall publish the address and
1727	telephone number of the executive offices of each agency, the
1728	manner by which the agency indexes its rules, a listing of all
1729	rules of that agency excluded from publication in the code, and
1730	a statement as to where those rules may be inspected.
1731	4. Forms shall not be published in the Florida
1732	Administrative Code; but any form which an agency uses in its
1733	dealings with the public, along with any accompanying
1734	instructions, shall be filed with the committee before it is
1735	used. Any form or instruction which meets the definition of
1736	"rule" provided in s. 120.52 shall be incorporated by reference
1737	into the appropriate rule. The reference shall specifically
1738	state that the form is being incorporated by reference and shall
1739	include the number, title, and effective date of the form and an
1740	explanation of how the form may be obtained.
1741	Section 15. Paragraph (b) of subsection (2) of section
1742	257.36, Florida Statutes, is amended to read:
1743	257.36 Records and information management.--
1744	(2)
1745	(b) Title to any record detained in any records center
1746	shall remain in the agency transferring such record to the
1747	division. When the Legislature transfers any duty or
1748	responsibility of an agency to another agency, the receiving
1749	agency shall be the custodian of public records with regard to
1750	the public records associated with that transferred duty or
1751	responsibility and shall be responsible for the records storage
1752	service charges of the division. If an agency is dissolved and
1753	the legislation dissolving that agency does not assign an
1754	existing agency as the custodian of public records for the
1755	dissolved agency's records, then the Cabinet is the custodian of
1756	public records for the dissolved agency, unless the Cabinet
1757	otherwise designates a custodian. The Cabinet or the agency
1758	designated by the Cabinet shall be responsible for the records
1759	storage service charges of the division.
1760	Section 16. Subsection (5) of section 328.15, Florida
1761	Statutes, is amended to read:
1762	328.15 Notice of lien on vessel; recording.--
1763	(5) The Department of Highway Safety and Motor Vehicles
1764	shall make such rules and regulations as it deems necessary or
1765	proper for the effective administration of this law. The
1766	department may by rule require that a notice of satisfaction of
1767	a lien be notarized. The department shall prepare the forms of
1768	the notice of lien and the satisfaction of lien to be supplied,
1769	at a charge not to exceed 50 percent more than cost, to
1770	applicants for recording the liens or satisfactions and shall
1771	keep a permanentrecord of such notices of lien and
1772	satisfactions available for inspection by the public at all
1773	reasonable times. The division is authorized to furnish
1774	certified copies of such satisfactions for a fee of $1, which
1775	certified copies shall be admissible in evidence in all courts
1776	of this state under the same conditions and to the same effect
1777	as certified copies of other public records.
1778	Section 17. Subsection (4) of section 372.5717, Florida
1779	Statutes, is amended to read:
1780	372.5717 Hunter safety course; requirements; penalty.--
1781	(4) The commission shall issue a permanent hunter safety
1782	certification card to each person who successfully completes the
1783	hunter safety course. The commission shall maintain permanent
1784	records of hunter safety certification cards issued and shall
1785	establish procedures for replacing lost or destroyed cards.
1786	Section 18. Section 415.1071, Florida Statutes, is created
1787	to read:
1788	415.1071 Release of confidential information.--
1789	(1) Any person or organization, including the Department
1790	of Children and Family Services, may petition the court for an
1791	order making public the records of the Department of Children
1792	and Family Services that pertain to investigations of alleged
1793	abuse, neglect, or exploitation of a vulnerable adult. The court
1794	shall determine whether good cause exists for public access to
1795	the records sought or a portion thereof. In making this
1796	determination, the court shall balance the best interest of the
1797	vulnerable adult who is the focus of the investigation, together
1798	with the privacy right of other persons identified in the
1799	reports, against the public interest. The public interest in
1800	access to such records is reflected in s. 119.01(1) and includes
1801	the need for citizens to know of and adequately evaluate the
1802	actions of the Department of Children and Family Services and
1803	the court system in providing vulnerable adults of this state
1804	with the protections enumerated in s. 415.101. However, this
1805	subsection does not contravene s. 415.107, which protects the
1806	name of any person reporting the abuse, neglect, or exploitation
1807	of a vulnerable adult.
1808	(2) In cases involving serious bodily injury to a
1809	vulnerable adult, the Department of Children and Family Services
1810	may petition the court for an order for the immediate public
1811	release of records of the department which pertain to the
1812	protective investigation. The petition must be personally served
1813	upon the vulnerable adult, the legal guardian of that person, if
1814	any, and any person named as an alleged perpetrator in the
1815	report of abuse, neglect, or exploitation. The court must
1816	determine whether good cause exists for the public release of
1817	the records sought no later than 24 hours, excluding Saturdays,
1818	Sundays, and legal holidays, after the date the department filed
1819	the petition with the court. If the court has neither granted
1820	nor denied the petition within the 24-hour time period, the
1821	department may release to the public summary information
1822	including:
1823	(a) A confirmation that an investigation has been
1824	conducted concerning the alleged victim.
1825	(b) The dates and brief description of procedural
1826	activities undertaken during the department's investigation.
1827	(c) The date of each judicial proceeding, a summary of
1828	each participant's recommendations made at the judicial
1829	proceeding, and the ruling of the court.
1830
1831	The summary information may not include the name of, or other
1832	identifying information with respect to, any person identified
1833	in any investigation. In making a determination to release
1834	confidential information, the court shall balance the best
1835	interests of the vulnerable adult who is the focus of the
1836	investigation, together with the privacy rights of other persons
1837	identified in the reports, against the public interest for
1838	access to public records. However, this subsection does not
1839	contravene s. 415.107, which protects the name of any person
1840	reporting abuse, neglect, or exploitation of a vulnerable adult.
1841	(3) When the court determines that good cause for public
1842	access exists, the court shall direct that the department redact
1843	the name of and other identifying information with respect to
1844	any person identified in any protective investigation report
1845	until such time as the court finds that there is probable cause
1846	to believe that the person identified committed an act of
1847	alleged abuse, neglect, or exploitation.
1848	Section 19. Subsection (2) of section 560.121, Florida
1849	Statutes, is amended to read:
1850	560.121 Records; limited restrictions upon public
1851	access.--
1852	(2) Examination reports, investigatory records,
1853	applications, and related information compiled by the
1854	department, or photographic copies thereof, shall be retained by
1855	the department for a period of at least 310 years from the date
1856	that the examination or investigation ceases to be active.
1857	Application records 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 2 years from the date
1860	that the registration ceases to be active.
1861	Section 20. Subsection (6) of section 560.123, Florida
1862	Statutes, is amended to read:
1863	560.123 Florida control of money laundering in the Money
1864	Transmitters' Code; reports of transactions involving currency
1865	or monetary instruments; when required; purpose; definitions;
1866	penalties; corpus delicti.--
1867	(6) The department must retain a copy of all reports
1868	received under subsection (5) for a minimum of 35calendar
1869	years after receipt of the report. However, if a report or
1870	information contained in a report is known by the department to
1871	be the subject of an existing criminal proceeding, the report
1872	must be retained for a minimum of 10 calendar years from the
1873	date of receipt.
1874	Section 21. Subsection (5) of section 560.129, Florida
1875	Statutes, is amended to read:
1876	560.129 Confidentiality.--
1877	(5) Examination reports, investigatory records,
1878	applications, and related information compiled by the
1879	department, or photographic copies thereof, shall be retained by
1880	the department for a period of at least 310 years from the date
1881	that the examination or investigation ceases to be active.
1882	Application records and related information compiled by the
1883	department, or photographic copies thereof, shall be retained by
1884	the department for a period of at least 2 years from the date
1885	that the registration ceases to be active.
1886	Section 22. Subsection (3) of section 624.311, Florida
1887	Statutes, is amended to read:
1888	624.311 Records; reproductions; destruction.--
1889	(3) The department may photograph, microphotograph, or
1890	reproduce on film, or maintain in an electronic recordkeeping
1891	systemwhereby each page will be reproduced in exact conformity
1892	with the original, all financial records, financial statements
1893	of domestic insurers, reports of business transacted in this
1894	state by foreign insurers and alien insurers, reports of
1895	examination of domestic insurers, and such other records and
1896	documents on file in its office as it may in its discretion
1897	select.
1898	Section 23. Subsection (1) of section 624.312, Florida
1899	Statutes, is amended to read:
1900	624.312 Reproductions and certified copies of records as
1901	evidence.--
1902	(1) Photographs or microphotographs in the form of film or
1903	prints, or other reproductions from an electronic recordkeeping
1904	system,of documents and records made under s. 624.311(3), or
1905	made under former s. 624.311(3) before October 1, 1982, shall
1906	have the same force and effect as the originals thereof and
1907	shall be treated as originals for the purpose of their
1908	admissibility in evidence. Duly certified or authenticated
1909	reproductions of such photographs or microphotographs or
1910	reproductions from an electronic recordkeeping systemshall be
1911	as admissible in evidence as the originals.
1912	Section 24. Subsection (2) of section 633.527, Florida
1913	Statutes, is amended to read:
1914	633.527 Records concerning applicant; extent of
1915	confidentiality.--
1916	(2) All examination test questions, answer sheets, and
1917	grades shall be retained for a period of 25years from the date
1918	of the examination.
1919	Section 25. Subsection (8) of section 655.50, Florida
1920	Statutes, is amended to read:
1921	655.50 Florida Control of Money Laundering in Financial
1922	Institutions Act; reports of transactions involving currency or
1923	monetary instruments; when required; purpose; definitions;
1924	penalties.--
1925	(8)(a) The department shall retain a copy of all reports
1926	received under subsection (4) for a minimum of 5 calendar years
1927	after receipt of the report. However, if a report or
1928	information contained in a report is known by the department to
1929	be the subject of an existing criminal proceeding, the report
1930	shall be retained for a minimum of 10 calendar years after
1931	receipt of the report.
1932	(a)(b)Each financial institution shall maintain for a
1933	minimum of 5 calendar years full and complete records of all
1934	financial transactions, including all records required by 31
1935	C.F.R. parts 103.33 and 103.34.
1936	(b)(c)The financial institution shall retain a copy of
1937	all reports filed with the department under subsection (4) for a
1938	minimum of 5 calendar years after submission of the report.
1939	However, if a report or information contained in a report is
1940	known by the financial institution to be the subject of an
1941	existing criminal proceeding, the report shall be retained for a
1942	minimum of 10 calendar years after submission of the report.
1943	(c)(d)The financial institution shall retain a copy of
1944	all records of exemption for each designation of exempt person
1945	made pursuant to subsection (6) for a minimum of 5 calendar
1946	years after termination of exempt status of such customer.
1947	However, if it is known by the financial institution that the
1948	customer or the transactions of the customer are the subject of
1949	an existing criminal proceeding, the records shall be retained
1950	for a minimum of 10 calendar years after termination of exempt
1951	status of such customer.
1952	Section 26. Section 945.25, Florida Statutes, is amended
1953	to read:
1954	945.25 Records.--
1955	(1) It shall be the duty of the Department of Corrections
1956	to obtain and place in its permanentrecords information as
1957	complete as practicablemay be practicably availableon every
1958	person who may be sentenced to supervision or incarceration
1959	under the jurisdiction of the departmentbecome subject to
1960	parole. Such information shall be obtained as soon as possible
1961	after imposition of sentence and shall, in the discretion of the
1962	department, include, among other things:
1963	(a) A copy of the indictment or information and a complete
1964	statement of the facts of the crime for which such person has
1965	been sentenced.
1966	(b) The court in which the person was sentenced.
1967	(c) The terms of the sentence.
1968	(d) The name of the presiding judge, the prosecuting
1969	officers, the investigating officers, and the attorneys for the
1970	person convicted.
1971	(e) A copy of all probation reports which may have been
1972	made.
1973	(f) Any social, physical, mental, psychiatric, or criminal
1974	record of such person.
1975	(2) The department, in its discretion, shall also obtain
1976	and place in its permanent records such information on every
1977	person who may be placed on probation, and on every person who
1978	may become subject to pardon and commutation of sentence.
1979	(3)It shall be the duty of the court and its prosecuting
1980	officials to furnish to the department upon its request such
1981	information and also to furnish such copies of such minutes and
1982	other records as may be in their possession or under their
1983	control.
1984	(3)(4)Following the initial hearing provided for in s.
1985	947.172(1), the commission shall prepare and the department
1986	shall include in the official record a copy of the seriousness-
1987	of-offense and favorable-parole-outcome scores and shall include
1988	a listing of the specific factors and information used in
1989	establishing a presumptive parole release date for the inmate.
1990	Section 27. Paragraph (e) of subsection (4) of section
1991	985.31, Florida Statutes, is amended to read:
1992	985.31 Serious or habitual juvenile offender.--
1993	(4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
1994	(e) The results of any serologic blood or urine test on a
1995	serious or habitual juvenile offender shall become a part of
1996	that child's permanentmedical file. Upon transfer of the child
1997	to any other designated treatment facility, such file shall be
1998	transferred in an envelope marked confidential. The results of
1999	any test designed to identify the human immunodeficiency virus,
2000	or its antigen or antibody, shall be accessible only to persons
2001	designated by rule of the department. The provisions of such
2002	rule shall be consistent with the guidelines established by the
2003	Centers for Disease Control and Prevention.
2004	Section 28. Paragraph (d) of subsection (6) of section
2005	212.095, Florida Statutes, is amended to read:
2006	212.095 Refunds.--
2007	(6)
2008	(d) The department shall keep a permanent record of the
2009	amount of refund claimed and paid to each claimant. Such records
2010	shall be open to public inspection.
2011	Section 29. Subsection (9) of section 238.03, Florida
2012	Statutes, is amended to read:
2013	238.03 Administration.--
2014	(9) The department is authorized to photograph and reduce
2015	to microfilm as a permanent record, its ledger sheets showing
2016	the salary and contributions of members of the retirement
2017	system, also the records of deceased members of the system and
2018	thereupon to destroy the documents from which such films are
2019	photographed.
2020	Section 30. Paragraph (a) of subsection (5) of section
2021	15.09, Florida Statutes, is amended to read:
2022	15.09 Fees.--
2023	(5)(a) There is created within the Department of State a
2024	Public Access Data Systems Trust Fund, which shall be used by
2025	the department to purchase information systems and equipment
2026	that provide greater public accessibility to the information and
2027	records maintained by it. Notwithstanding any other provision of
2028	law, the Divisions of Licensing, Elections, and Corporations of
2029	the department shall transfer each fiscal year to the Public
2030	Access Data Systems Trust Fund from their respective trust
2031	funds:
2032	1. An amount equal to 2 percent of all revenues received
2033	for the processing of documents, filings, or information
2034	requests.
2035	2. All public access network revenues collected pursuant
2036	to s. 15.16 or s. 119.01(2)(f)119.085.
2037	Section 31. Paragraph (f) of subsection (1) of section
2038	23.22, Florida Statutes, is amended to read:
2039	23.22 Paperwork reduction; activities of departments.--
2040	(1) In order to reduce the amount of paperwork associated
2041	with the collection of information from individuals, private-
2042	sector organizations, and local governments and to provide more
2043	efficient and effective assistance to such individuals and
2044	organizations in completing necessary paperwork required by the
2045	government, each department head shall, to the extent feasible:
2046	(f) Collaborate with the Division of Library and
2047	Information Services, pursuant to s. 119.021(2)(d)119.09, to
2048	identify and index records retention requirements placed on
2049	private-sector organizations and local governments in Florida,
2050	clarify and reduce the requirements, and educate the affected
2051	entities through various communications media, including voice,
2052	data, video, radio, and image.
2053	Section 32. Paragraph (d) of subsection (1) of section
2054	101.5607, Florida Statutes, is amended to read:
2055	101.5607 Department of State to maintain voting system
2056	information; prepare software.--
2057	(1)
2058	(d) Section 119.07(6)(3)(o) applies to all software on
2059	file with the Department of State.
2060	Section 33. Paragraph (b) of subsection (2) of section
2061	112.533, Florida Statutes, is amended to read:
2062	112.533 Receipt and processing of complaints.--
2063	(2)
2064	(b) This subsection does not apply to any public record
2065	which is exempt from public disclosure pursuant to s.
2066	119.07(6)(3). For the purposes of this subsection, an
2067	investigation shall be considered active as long as it is
2068	continuing with a reasonable, good faith anticipation that an
2069	administrative finding will be made in the foreseeable future.
2070	An investigation shall be presumed to be inactive if no finding
2071	is made within 45 days after the complaint is filed.
2072	Section 34. Paragraph (e) of subsection (2) of section
2073	1012.31, Florida Statutes, is amended to read:
2074	1012.31 Personnel files.--Public school system employee
2075	personnel files shall be maintained according to the following
2076	provisions:
2077	(2)
2078	(e) Upon request, an employee, or any person designated in
2079	writing by the employee, shall be permitted to examine the
2080	personnel file of such employee. The employee shall be
2081	permitted conveniently to reproduce any materials in the file,
2082	at a cost no greater than the fees prescribed in s.
2083	119.07(4)(1).
2084	Section 35. Subsection (1) of section 257.34, Florida
2085	Statutes, is amended to read:
2086	257.34 Florida International Archive and Repository.--
2087	(1) There is created within the Division of Library and
2088	Information Services of the Department of State the Florida
2089	International Archive and Repository for the preservation of
2090	those public records, as defined in s. 119.011(11)(1),
2091	manuscripts, international judgments involving disputes between
2092	domestic and foreign businesses, and all other public matters
2093	that the department or the Florida Council of International
2094	Development deems relevant to international issues. It is the
2095	duty and responsibility of the division to:
2096	(a) Organize and administer the Florida International
2097	Archive and Repository.
2098	(b) Preserve and administer records that are transferred
2099	to its custody; accept, arrange, and preserve them, according to
2100	approved archival and repository practices; and permit them, at
2101	reasonable times and under the supervision of the division, to
2102	be inspected, examined, and copied. All public records
2103	transferred to the custody of the division are subject to the
2104	provisions of s. 119.07(1).
2105	(c) Assist the records and information management program
2106	in the determination of retention values for records.
2107	(d) Cooperate with and assist, insofar as practicable,
2108	state institutions, departments, agencies, counties,
2109	municipalities, and individuals engaged in internationally
2110	related activities.
2111	(e) Provide a public research room where, under rules
2112	established by the division, the materials in the international
2113	archive and repository may be studied.
2114	(f) Conduct, promote, and encourage research in
2115	international trade, government, and culture and maintain a
2116	program of information, assistance, coordination, and guidance
2117	for public officials, educational institutions, libraries, the
2118	scholarly community, and the general public engaged in such
2119	research.
2120	(g) Cooperate with and, insofar as practicable, assist
2121	agencies, libraries, institutions, and individuals in projects
2122	concerned with internationally related issues and preserve
2123	original materials relating to internationally related issues.
2124	(h) Assist and cooperate with the records and information
2125	management program in the training and information program
2126	described in s. 257.36(1)(g).
2127	Section 36. Subsection (1) of section 257.35, Florida
2128	Statutes, is amended to read:
2129	257.35 Florida State Archives.--
2130	(1) There is created within the Division of Library and
2131	Information Services of the Department of State the Florida
2132	State Archives for the preservation of those public records, as
2133	defined in s. 119.011(11)(1), manuscripts, and other archival
2134	material that have been determined by the division to have
2135	sufficient historical or other value to warrant their continued
2136	preservation and have been accepted by the division for deposit
2137	in its custody. It is the duty and responsibility of the
2138	division to:
2139	(a) Organize and administer the Florida State Archives.
2140	(b) Preserve and administer such records as shall be
2141	transferred to its custody; accept, arrange, and preserve them,
2142	according to approved archival practices; and permit them, at
2143	reasonable times and under the supervision of the division, to
2144	be inspected, examined, and copied. All public records
2145	transferred to the custody of the division shall be subject to
2146	the provisions of s. 119.07(1), except that any public record or
2147	other record provided by law to be confidential or prohibited
2148	from inspection by the public shall be made accessible only
2149	after a period of 50 years from the date of the creation of the
2150	record. Any nonpublic manuscript or other archival material
2151	which is placed in the keeping of the division under special
2152	terms and conditions, shall be made accessible only in
2153	accordance with such law terms and conditions and shall be
2154	exempt from the provisions of s. 119.07(1) to the extent
2155	necessary to meet the terms and conditions for a nonpublic
2156	manuscript or other archival material.
2157	(c) Assist the records and information management program
2158	in the determination of retention values for records.
2159	(d) Cooperate with and assist insofar as practicable state
2160	institutions, departments, agencies, counties, municipalities,
2161	and individuals engaged in activities in the field of state
2162	archives, manuscripts, and history and accept from any person
2163	any paper, book, record, or similar material which in the
2164	judgment of the division warrants preservation in the state
2165	archives.
2166	(e) Provide a public research room where, under rules
2167	established by the division, the materials in the state archives
2168	may be studied.
2169	(f) Conduct, promote, and encourage research in Florida
2170	history, government, and culture and maintain a program of
2171	information, assistance, coordination, and guidance for public
2172	officials, educational institutions, libraries, the scholarly
2173	community, and the general public engaged in such research.
2174	(g) Cooperate with and, insofar as practicable, assist
2175	agencies, libraries, institutions, and individuals in projects
2176	designed to preserve original source materials relating to
2177	Florida history, government, and culture and prepare and publish
2178	handbooks, guides, indexes, and other literature directed toward
2179	encouraging the preservation and use of the state's documentary
2180	resources.
2181	(h) Encourage and initiate efforts to preserve, collect,
2182	process, transcribe, index, and research the oral history of
2183	Florida government.
2184	(i) Assist and cooperate with the records and information
2185	management program in the training and information program
2186	described in s. 257.36(1)(g).
2187	Section 37. Section 282.21, Florida Statutes, is amended
2188	to read:
2189	282.21 The State Technology Office's electronic access
2190	services.--The State Technology Office may collect fees for
2191	providing remote electronic access pursuant to s. 119.01(2)(f)
2192	119.085. The fees may be imposed on individual transactions or
2193	as a fixed subscription for a designated period of time. All
2194	fees collected under this section shall be deposited in the
2195	appropriate trust fund of the program or activity that made the
2196	remote electronic access available.
2197	Section 38. Paragraph (h) of subsection (2) of section
2198	287.0943, Florida Statutes, is amended to read:
2199	287.0943 Certification of minority business enterprises.--
2200	(2)
2201	(h) The certification procedures should allow an applicant
2202	seeking certification to designate on the application form the
2203	information the applicant considers to be proprietary,
2204	confidential business information. As used in this paragraph,
2205	"proprietary, confidential business information" includes, but
2206	is not limited to, any information that would be exempt from
2207	public inspection pursuant to the provisions of s. 119.07(6)(3);
2208	trade secrets; internal auditing controls and reports; contract
2209	costs; or other information the disclosure of which would injure
2210	the affected party in the marketplace or otherwise violate s.
2211	286.041. The executor in receipt of the application shall issue
2212	written and final notice of any information for which
2213	noninspection is requested but not provided for by law.
2214	Section 39. Subsection (1) of section 320.05, Florida
2215	Statutes, is amended to read:
2216	320.05 Records of the department; inspection procedure;
2217	lists and searches; fees.--
2218	(1) Except as provided in ss. 119.07(6)(3)and 320.025(3),
2219	the department may release records as provided in this section.
2220	Section 40. Subsection (8) of section 322.20, Florida
2221	Statutes, is amended to read:
2222	322.20 Records of the department; fees; destruction of
2223	records.--
2224	(8) Except as provided in s. 119.07(6)(3), the department
2225	may release records as provided in this section.
2226	Section 41. Paragraph (b) of subsection (2) of section
2227	338.223, Florida Statutes, is amended to read:
2228	338.223 Proposed turnpike projects.--
2229	(2)
2230	(b) In accordance with the legislative intent expressed in
2231	s. 337.273, and after the requirements of paragraph(1)(c) have
2232	been met, the department may acquire lands and property before
2233	making a final determination of the economic feasibility of a
2234	project. The requirements of paragraph (1)(c) do not apply to
2235	hardship and protective purchases of advance right-of-way by
2236	the department. The cost of advance acquisition of right-of-way
2237	may be paid from bonds issued under s. 337.276 or from turnpike
2238	revenues. For purposes of this paragraph, the term "hardship
2239	purchase" means purchase from a property owner of a residential
2240	dwelling of not more than four units who is at a disadvantage
2241	due to health impairment, job loss, or significant loss of
2242	rental income. For purposes of this paragraph, the term
2243	"protective purchase" means that a purchase to limit
2244	development, building, or other intensification of land uses
2245	within the area right-of-way is needed for transportation
2246	facilities. The department shall give written notice to the
2247	Department of Environmental Protection 30 days before final
2248	agency acceptance as set forth in s. 119.07(6)(3)(n), which
2249	notice shall allow the Department of Environmental Protection to
2250	comment. Hardship and protective purchases of right-of-way
2251	shall not influence the environmental feasibility of a project,
2252	including the decision relative to the need to construct the
2253	project or the selection of a specific location. Costs to
2254	acquire and dispose of property acquired as hardship and
2255	protective purchases are considered costs of doing business for
2256	the department and are not to be considered in the determination
2257	of environmental feasibility for the project.
2258	Section 42. Paragraph (a) of subsection (1) of section
2259	378.406, Florida Statutes, is amended to read:
2260	378.406 Confidentiality of records; availability of
2261	information.--
2262	(1)(a) Any information relating to prospecting, rock
2263	grades, or secret processes or methods of operation which may be
2264	required, ascertained, or discovered by inspection or
2265	investigation shall be exempt from the provisions of s.
2266	119.07(1), shall not be disclosed in public hearings, and shall
2267	be kept confidential by any member, officer, or employee of the
2268	department, if the applicant requests the department to keep
2269	such information confidential and informs the department of the
2270	basis for such confidentiality. Should the secretary determine
2271	that such information requested to be kept confidential shall
2272	not be kept confidential, the secretary shall provide the
2273	operator with not less than 30 days' notice of his or her intent
2274	to release the information. When making his or her
2275	determination, the secretary shall consider the public purposes
2276	specified in s. 119.15 119.14(4)(b).
2277	Section 43. Paragraph (c) of subsection (1) of section
2278	400.0077, Florida Statutes, is amended to read:
2279	400.0077 Confidentiality.--
2280	(1) The following are confidential and exempt from the
2281	provisions of s. 119.07(1):
2282	(c) Any other information about a complaint, including any
2283	problem identified by an ombudsman council as a result of an
2284	investigation, unless an ombudsman council determines that the
2285	information does not meet any of the criteria specified in s.
2286	119.15119.14(4)(b);or unless the information is to collect
2287	data for submission to those entities specified in s. 712(c) of
2288	the federal Older Americans Act for the purpose of identifying
2289	and resolving significant problems.
2290	Section 44. Subsection (5) of section 401.27, Florida
2291	Statutes, is amended to read:
2292	401.27 Personnel; standards and certification.--
2293	(5) The certification examination must be offered monthly.
2294	The department shall issue an examination admission notice to
2295	the applicant advising him or her of the time and place of the
2296	examination for which he or she is scheduled. Individuals
2297	achieving a passing score on the certification examination may
2298	be issued a temporary certificate with their examination grade
2299	report. The department must issue an original certification
2300	within 45 days after the examination. Examination questions and
2301	answers are not subject to discovery but may be introduced into
2302	evidence and considered only in camera in any administrative
2303	proceeding under chapter 120. If an administrative hearing is
2304	held, the department shall provide challenged examination
2305	questions and answers to the administrative law judge. The
2306	department shall establish by rule the procedure by which an
2307	applicant, and the applicant's attorney, may review examination
2308	questions and answers in accordance with s. 119.07(6)(3)(a).
2309	Section 45. Subsection (1) of section 403.111, Florida
2310	Statutes, is amended to read:
2311	403.111 Confidential records.--
2312	(1) Any information, other than effluent data and those
2313	records described in 42 U.S.C. s. 7661a(b)(8), relating to
2314	secret processes or secret methods of manufacture or production,
2315	or relating to costs of production, profits, or other financial
2316	information which is otherwise not public record, which may be
2317	required, ascertained, or discovered by inspection or
2318	investigation shall be exempt from the provisions of s.
2319	119.07(1), shall not be disclosed in public hearings, and shall
2320	be kept confidential by any member, officer, or employee of the
2321	department, upon a showing satisfactory to the department that
2322	the information should be kept confidential. The person from
2323	whom the information is obtained must request that the
2324	department keep such information confidential and must inform
2325	the department of the basis for the claim of confidentiality.
2326	The department shall, subject to notice and opportunity for
2327	hearing, determine whether the information requested to be kept
2328	confidential should or should not be kept confidential. The
2329	department shall determine whether the information submitted
2330	should be kept confidential pursuant to the public purpose test
2331	as stated in s. 119.15119.14(4)(b)3.
2332	Section 46. Section 409.2577, Florida Statutes, is
2333	amended to read:
2334	409.2577 Parent locator service.--The department shall
2335	establish a parent locator service to assist in locating parents
2336	who have deserted their children and other persons liable for
2337	support of dependent children. The department shall use all
2338	sources of information available, including the Federal Parent
2339	Locator Service, and may request and shall receive information
2340	from the records of any person or the state or any of its
2341	political subdivisions or any officer thereof. Any agency as
2342	defined in s. 120.52, any political subdivision, and any other
2343	person shall, upon request, provide the department any
2344	information relating to location, salary, insurance, social
2345	security, income tax, and employment history necessary to locate
2346	parents who owe or potentially owe a duty of support pursuant to
2347	Title IV-D of the Social Security Act. This provision shall
2348	expressly take precedence over any other statutory nondisclosure
2349	provision which limits the ability of an agency to disclose such
2350	information, except that law enforcement information as provided
2351	in s. 119.07(6)(3)(i) is not required to be disclosed, and
2352	except that confidential taxpayer information possessed by the
2353	Department of Revenue shall be disclosed only to the extent
2354	authorized in s. 213.053(15). Nothing in this section requires
2355	the disclosure of information if such disclosure is prohibited
2356	by federal law. Information gathered or used by the parent
2357	locator service is confidential and exempt from the provisions
2358	of s. 119.07(1). Additionally, the department is authorized to
2359	collect any additional information directly bearing on the
2360	identity and whereabouts of a person owing or asserted to be
2361	owing an obligation of support for a dependent child. The
2362	department shall, upon request, make information available only
2363	to public officials and agencies of this state; political
2364	subdivisions of this state, including any agency thereof
2365	providing child support enforcement services to non-Title IV-D
2366	clients; the custodial parent, legal guardian, attorney, or
2367	agent of the child; and other states seeking to locate parents
2368	who have deserted their children and other persons liable for
2369	support of dependents, for the sole purpose of establishing,
2370	modifying, or enforcing their liability for support, and shall
2371	make such information available to the Department of Children
2372	and Family Services for the purpose of diligent search
2373	activities pursuant to chapter 39. If the department has
2374	reasonable evidence of domestic violence or child abuse and the
2375	disclosure of information could be harmful to the custodial
2376	parent or the child of such parent, the child support program
2377	director or designee shall notify the Department of Children and
2378	Family Services and the Secretary of the United States
2379	Department of Health and Human Services of this evidence. Such
2380	evidence is sufficient grounds for the department to disapprove
2381	an application for location services.
2382	Section 47. Subsection (6) of section 455.219, Florida
2383	Statutes, is amended to read:
2384	455.219 Fees; receipts; disposition; periodic management
2385	reports.--
2386	(6) The department or the appropriate board shall charge a
2387	fee not to exceed $25 for the certification of a public record.
2388	The fee shall be determined by rule of the department. The
2389	department or the appropriate board shall assess a fee for
2390	duplication of a public record as provided in s. 119.07(4)(1)(a)
2391	and (b).
2392	Section 48. Subsection (11) of section 456.025, Florida
2393	Statutes, is amended to read:
2394	456.025 Fees; receipts; disposition.--
2395	(11) The department or the appropriate board shall charge
2396	a fee not to exceed $25 for the certification of a public
2397	record. The fee shall be determined by rule of the department.
2398	The department or the appropriate board shall assess a fee for
2399	duplicating a public record as provided in s. 119.07(4)(1)(a)
2400	and(b).
2401	Section 49. Paragraph (l) of subsection (3) of section
2402	627.311, Florida Statutes, is amended to read:
2403	627.311 Joint underwriters and joint reinsurers.--
2404	(3) The department may, after consultation with insurers
2405	licensed to write automobile insurance in this state, approve a
2406	joint underwriting plan for purposes of equitable apportionment
2407	or sharing among insurers of automobile liability insurance and
2408	other motor vehicle insurance, as an alternate to the plan
2409	required in s. 627.351(1). All insurers authorized to write
2410	automobile insurance in this state shall subscribe to the plan
2411	and participate therein. The plan shall be subject to
2412	continuous review by the department which may at any time
2413	disapprove the entire plan or any part thereof if it determines
2414	that conditions have changed since prior approval and that in
2415	view of the purposes of the plan changes are warranted. Any
2416	disapproval by the department shall be subject to the provisions
2417	of chapter 120. If adopted, the plan and the association created
2418	under the plan:
2419	(l)1. Shall be subject to the public records requirements
2420	of chapter 119 and the public meeting requirements of s.
2421	286.011. However, the following records of the Florida
2422	Automobile Joint Underwriting Association are confidential and
2423	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2424	Constitution:
2425	a. Underwriting files, except that a policyholder or an
2426	applicant shall have access to his or her own underwriting
2427	files.
2428	b. Claims files, until termination of all litigation and
2429	settlement of all claims arising out of the same incident,
2430	although portions of the claims files may remain exempt, as
2431	otherwise provided by law. Confidential and exempt claims file
2432	records may be released to other governmental agencies upon
2433	written request and demonstration of need; such records held by
2434	the receiving agency remain confidential and exempt as provided
2435	by this paragraph.
2436	c. Records obtained or generated by an internal auditor
2437	pursuant to a routine audit, until the audit is completed or, if
2438	the audit is conducted as part of an investigation, until the
2439	investigation is closed or ceases to be active. An investigation
2440	is considered "active" while the investigation is being
2441	conducted with a reasonable, good faith belief that it could
2442	lead to the filing of administrative, civil, or criminal
2443	proceedings.
2444	d. Matters reasonably encompassed in privileged attorney-
2445	client communications.
2446	e. Proprietary information licensed to the association
2447	under contract when the contract provides for the
2448	confidentiality of such proprietary information.
2449	f. All information relating to the medical condition or
2450	medical status of an association employee which is not relevant
2451	to the employee's capacity to perform his or her duties, except
2452	as otherwise provided in this paragraph. Information which is
2453	exempt shall include, but is not limited to, information
2454	relating to workers' compensation, insurance benefits, and
2455	retirement or disability benefits.
2456	g. All records relative to an employee's participation in
2457	an employee assistance program designed to assist any employee
2458	who has a behavioral or medical disorder, substance abuse
2459	problem, or emotional difficulty which affects the employee's
2460	job performance, except as otherwise provided in s.
2461	112.0455(11).
2462	h. Information relating to negotiations for financing,
2463	reinsurance, depopulation, or contractual services, until the
2464	conclusion of the negotiations.
2465	i. Minutes of closed meetings regarding underwriting
2466	files, and minutes of closed meetings regarding an open claims
2467	file until termination of all litigation and settlement of all
2468	claims with regard to that claim, except that information
2469	otherwise confidential or exempt by law must be redacted. When
2470	an authorized insurer is considering underwriting a risk insured
2471	by the association, relevant underwriting files and confidential
2472	claims files may be released to the insurer provided the insurer
2473	agrees in writing, notarized and under oath, to maintain the
2474	confidentiality of such files. When a file is transferred to an
2475	insurer, that file is no longer a public record because it is
2476	not held by an agency subject to the provisions of the public
2477	records law. The association may make the following information
2478	obtained from underwriting files and confidential claims files
2479	available to licensed general lines insurance agents: name,
2480	address, and telephone number of the automobile owner or
2481	insured; location of the risk; rating information; loss history;
2482	and policy type. The receiving licensed general lines insurance
2483	agent must retain the confidentiality of the information
2484	received.
2485	2. Portions of meetings of the Florida Automobile Joint
2486	Underwriting Association during which confidential underwriting
2487	files or confidential open claims files are discussed are exempt
2488	from the provisions of s. 286.011 and s. 24(b), Art. I of the
2489	State Constitution. All portions of association meetings which
2490	are closed to the public shall be recorded by a court reporter.
2491	The court reporter shall record the times of commencement and
2492	termination of the meeting, all discussion and proceedings, the
2493	names of all persons present at any time, and the names of all
2494	persons speaking. No portion of any closed meeting shall be off
2495	the record. Subject to the provisions of this paragraph and s.
2496	119.07(1)(b)-(d)(2)(a), the court reporter's notes of any closed
2497	meeting shall be retained by the association for a minimum of 5
2498	years. A copy of the transcript, less any exempt matters, of
2499	any closed meeting during which claims are discussed shall
2500	become public as to individual claims after settlement of the
2501	claim.
2502
2503	This paragraph is subject to the Open Government Sunset Review
2504	Act of 1995 in accordance with s. 119.15, and shall stand
2505	repealed on October 2, 2003, unless reviewed and saved from
2506	repeal through reenactment by the Legislature.
2507	Section 50. Paragraph (n) of subsection (6) of section
2508	627.351, Florida Statutes, is amended to read:
2509	627.351 Insurance risk apportionment plans.--
2510	(6) CITIZENS PROPERTY INSURANCE CORPORATION.--
2511	(n)1. The following records of the corporation are
2512	confidential and exempt from the provisions of s. 119.07(1) and
2513	s. 24(a), Art. I of the State Constitution:
2514	a. Underwriting files, except that a policyholder or an
2515	applicant shall have access to his or her own underwriting
2516	files.
2517	b. Claims files, until termination of all litigation and
2518	settlement of all claims arising out of the same incident,
2519	although portions of the claims files may remain exempt, as
2520	otherwise provided by law. Confidential and exempt claims file
2521	records may be released to other governmental agencies upon
2522	written request and demonstration of need; such records held by
2523	the receiving agency remain confidential and exempt as provided
2524	for herein.
2525	c. Records obtained or generated by an internal auditor
2526	pursuant to a routine audit, until the audit is completed, or if
2527	the audit is conducted as part of an investigation, until the
2528	investigation is closed or ceases to be active. An investigation
2529	is considered "active" while the investigation is being
2530	conducted with a reasonable, good faith belief that it could
2531	lead to the filing of administrative, civil, or criminal
2532	proceedings.
2533	d. Matters reasonably encompassed in privileged attorney-
2534	client communications.
2535	e. Proprietary information licensed to the corporation
2536	under contract and the contract provides for the confidentiality
2537	of such proprietary information.
2538	f. All information relating to the medical condition or
2539	medical status of a corporation employee which is not relevant
2540	to the employee's capacity to perform his or her duties, except
2541	as otherwise provided in this paragraph. Information which is
2542	exempt shall include, but is not limited to, information
2543	relating to workers' compensation, insurance benefits, and
2544	retirement or disability benefits.
2545	g. Upon an employee's entrance into the employee
2546	assistance program, a program to assist any employee who has a
2547	behavioral or medical disorder, substance abuse problem, or
2548	emotional difficulty which affects the employee's job
2549	performance, all records relative to that participation shall be
2550	confidential and exempt from the provisions of s. 119.07(1) and
2551	s. 24(a), Art. I of the State Constitution, except as otherwise
2552	provided in s. 112.0455(11).
2553	h. Information relating to negotiations for financing,
2554	reinsurance, depopulation, or contractual services, until the
2555	conclusion of the negotiations.
2556	i. Minutes of closed meetings regarding underwriting
2557	files, and minutes of closed meetings regarding an open claims
2558	file until termination of all litigation and settlement of all
2559	claims with regard to that claim, except that information
2560	otherwise confidential or exempt by law will be redacted.
2561
2562	When an authorized insurer is considering underwriting a risk
2563	insured by the corporation, relevant underwriting files and
2564	confidential claims files may be released to the insurer
2565	provided the insurer agrees in writing, notarized and under
2566	oath, to maintain the confidentiality of such files. When a file
2567	is transferred to an insurer that file is no longer a public
2568	record because it is not held by an agency subject to the
2569	provisions of the public records law. Underwriting files and
2570	confidential claims files may also be released to staff of and
2571	the board of governors of the market assistance plan established
2572	pursuant to s. 627.3515, who must retain the confidentiality of
2573	such files, except such files may be released to authorized
2574	insurers that are considering assuming the risks to which the
2575	files apply, provided the insurer agrees in writing, notarized
2576	and under oath, to maintain the confidentiality of such files.
2577	Finally, the corporation or the board or staff of the market
2578	assistance plan may make the following information obtained from
2579	underwriting files and confidential claims files available to
2580	licensed general lines insurance agents: name, address, and
2581	telephone number of the residential property owner or insured;
2582	location of the risk; rating information; loss history; and
2583	policy type. The receiving licensed general lines insurance
2584	agent must retain the confidentiality of the information
2585	received.
2586	2. Portions of meetings of the corporation are exempt from
2587	the provisions of s. 286.011 and s. 24(b), Art. I of the State
2588	Constitution wherein confidential underwriting files or
2589	confidential open claims files are discussed. All portions of
2590	corporation meetings which are closed to the public shall be
2591	recorded by a court reporter. The court reporter shall record
2592	the times of commencement and termination of the meeting, all
2593	discussion and proceedings, the names of all persons present at
2594	any time, and the names of all persons speaking. No portion of
2595	any closed meeting shall be off the record. Subject to the
2596	provisions hereof and s. 119.07(1)(b)-(d)(2)(a), the court
2597	reporter's notes of any closed meeting shall be retained by the
2598	corporation for a minimum of 5 years. A copy of the transcript,
2599	less any exempt matters, of any closed meeting wherein claims
2600	are discussed shall become public as to individual claims after
2601	settlement of the claim.
2602	Section 51. Subsection (1) of section 633.527, Florida
2603	Statutes, is amended to read:
2604	633.527 Records concerning applicant; extent of
2605	confidentiality.--
2606	(1) Test material is made confidential by s.
2607	119.07(6)(3)(a). An applicant may waive in writing the
2608	confidentiality of his or her examination answer sheet for the
2609	purpose of discussion with the State Fire Marshal or his or her
2610	staff.
2611	Section 52. 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 53. 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 54. 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 55. Section 430.015, Florida Statutes, is
2645	repealed.
2646	Section 56. Section 440.132, Florida Statutes, is amended
2647	to read:
2648	440.132 Investigatory records relating to workers'
2649	compensation managed care arrangements; confidentiality.--
2650	(1)All investigatory records of the Agency for Health
2651	Care Administration made or received pursuant to s. 440.134 and
2652	any examination records necessary to complete an investigation
2653	are confidential and exempt from the provisions of s. 119.07(1)
2654	and s. 24(a), Art. I of the State Constitution until the
2655	investigation is completed or ceases to be active, except that
2656	portions of medical records which specifically identify patients
2657	must remain confidential and exempt. An investigation is
2658	considered "active" while such investigation is being conducted
2659	by the agency with a reasonable, good faith belief that it may
2660	lead to the filing of administrative, civil, or criminal
2661	proceedings. An investigation does not cease to be active if the
2662	agency is proceeding with reasonable dispatch and there is good
2663	faith belief that action may be initiated by the agency or other
2664	administrative or law enforcement agency.
2665	(2) The Legislature finds that it is a public necessity
2666	that these investigatory and examination records be held
2667	confidential and exempt during an investigation in order not to
2668	compromise the investigation and disseminate potentially
2669	inaccurate information. To the extent this information is made
2670	available to the public, those persons being investigated will
2671	have access to such information which would potentially defeat
2672	the purpose of the investigation. This would impede the
2673	effective and efficient operation of investigatory governmental
2674	functions.
2675	Section 57. Section 723.0065, Florida Statutes, is
2676	repealed.
2677	Section 58. Section 768.301, Florida Statutes, is
2678	repealed.
2679	Section 59. Section 815.045, Florida Statutes, is
2680	repealed.
2681	Section 60. Paragraph (a) of subsection (7) of section
2682	943.031, Florida Statutes, is amended to read:
2683	943.031 Florida Violent Crime and Drug Control
2684	Council.--The Legislature finds that there is a need to develop
2685	and implement a statewide strategy to address violent criminal
2686	activity and drug control efforts by state and local law
2687	enforcement agencies, including investigations of illicit money
2688	laundering. In recognition of this need, the Florida Violent
2689	Crime and Drug Control Council is created within the department.
2690	The council shall serve in an advisory capacity to the
2691	department.
2692	(7) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL MEETINGS
2693	AND RECORDS.--
2694	(a)1.The Legislature finds that during limited portions
2695	of the meetings of the Florida Violent Crime and Drug Control
2696	Council it is necessary that the council be presented with and
2697	discuss details, information, and documents related to active
2698	criminal investigations or matters constituting active criminal
2699	intelligence, as those concepts are defined by s. 119.011. These
2700	presentations and discussions are necessary for the council to
2701	make its funding decisions as required by the Legislature. The
2702	Legislature finds that to reveal the contents of documents
2703	containing active criminal investigative or intelligence
2704	information or to allow active criminal investigative or active
2705	criminal intelligence matters to be discussed in a meeting open
2706	to the public negatively impacts the ability of law enforcement
2707	agencies to efficiently continue their investigative or
2708	intelligence gathering activities. The Legislature finds that
2709	information coming before the council that pertains to active
2710	criminal investigations or intelligence should remain
2711	confidential and exempt from public disclosure. The Legislature
2712	finds that the Florida Violent Crime and Drug Control Council
2713	may, by declaring only those portions of council meetings in
2714	which active criminal investigative or active criminal
2715	intelligence information is to be presented or discussed closed
2716	to the public, assure an appropriate balance between the policy
2717	of this state that meetings be public and the policy of this
2718	state to facilitate efficient law enforcement efforts.
2719	2. The Legislature finds that it is a public necessity
2720	that portions of the meetings of the Florida Violent Crime and
2721	Drug Control Council be closed when the confidential details,
2722	information, and documents related to active criminal
2723	investigations or matters constituting active criminal
2724	intelligence are discussed. The Legislature further finds that
2725	it is no less a public necessity that portions of public records
2726	generated at closed council meetings, such as tape recordings,
2727	minutes, and notes, memorializing the discussions regarding such
2728	confidential details, information, and documents related to
2729	active criminal investigations or matters constituting active
2730	criminal intelligence, also shall be held confidential.
2731	Section 61. This act shall take effect July 1, 2003.