HB 1807, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to public records; amending s. 18.20,
3	F.S.; removing photographic film reproductions of
4	specified vouchers or checks paid by the State Treasurer
5	and preserved as records of the office of the Treasurer
6	from classification as permanent records; creating s.
7	39.2021, F.S.; relocating the provision allowing a person
8	or organization to petition the court for access to
9	records of the Department of Children and Family Services;
10	amending s. 119.01, F.S.; establishing state policy with
11	respect to public records; requiring governmental agencies
12	to consider certain factors in designing or acquiring
13	electronic recordkeeping systems; providing certain
14	restrictions with respect to electronic recordkeeping
15	systems and proprietary software; requiring governmental
16	agencies to provide copies of public records stored in
17	electronic recordkeeping systems; authorizing agencies to
18	charge a fee for such copies; specifying circumstances
19	under which the financial, business, and membership
20	records of an organization are public records; amending s.
21	119.011, F.S.; providing definitions; correcting cross
22	references; repealing ss. 119.0115, 119.012, and 119.02,
23	F.S., relating to specified exemption for certain
24	videotapes and video signals, records made public by the
25	use of public funds, and penalties for violation of public
26	records requirements by a public officer; amending s.
27	119.021, F.S.; providing requirements for governmental
28	agencies in maintaining and preserving public records;
29	requiring the Division of Library and Information Services
30	of the Department of State to adopt rules for retaining
31	and disposing of public records; authorizing the division
32	to provide for archiving certain noncurrent records;
33	providing for the destruction of certain records and the
34	continued maintenance of certain records; providing for
35	the disposition of records at the end of an official’s
36	term of office; requiring that a custodian of public
37	records demand delivery of records held unlawfully;
38	repealing ss. 119.031, 119.041, 119.05, and 119.06, F.S.,
39	relating to the retention and disposal of public records
40	and the delivery of records held unlawfully; amending s.
41	119.07, F.S.; revising provisions governing the inspection
42	and copying of public records; establishing fees for
43	copying; providing requirements for making photographs;
44	authorizing additional means of copying; repealing s.
45	119.08, F.S., relating to requirements for making
46	photographs of public records; amending s. 119.084, F.S.;
47	deleting certain provisions governing the maintenance of
48	public records in an electronic recordkeeping system;
49	repealing ss. 119.085 and 119.09, F.S., relating to remote
50	electronic access to public records and the program for
51	records and information management of the Department of
52	State; amending s. 119.10, F.S.; clarifying provisions
53	with respect to penalties for violations of ch. 119, F.S.;
54	amending s. 119.105, F.S.; clarifying provisions under
55	which certain police reports may be exempt from the public
56	records law; amending s. 120.55, F.S.; revising language
57	with respect to publication of the Florida Administrative
58	Code to provide that the Department of State is required
59	to compile and publish the code through a continuous
60	revision system; amending s. 257.36, F.S.; providing
61	procedure with respect to official custody of records upon
62	transfer of duties or responsibilities between state
63	agencies or dissolution of a state agency; amending s.
64	328.15, F.S.; revising the classification of records of
65	notices and satisfaction of liens on vessels maintained by
66	the Department of Highway Safety and Motor Vehicles;
67	amending s. 372.5717, F.S.; revising the classification of
68	records of hunter safety certification cards maintained by
69	the Fish and Wildlife Conservation Commission; creating s.
70	415.1071, F.S.; relocating the provision allowing a person
71	or organization to petition the court for access to
72	records of the Department of Children and Family Services;
73	amending s. 560.121, F.S.; decreasing and qualifying the
74	period of retention for examination reports, investigatory
75	records, applications, application records, and related
76	information compiled by the Department of Banking and
77	Finance under the Money Transmitters’ Code; amending s.
78	560.123, F.S.; decreasing the period of retention for
79	specified reports filed by money transmitters with the
80	Department of Banking and Finance under the money
81	Transmitters’ Code; amending s. 560.129, F.S.; decreasing
82	and qualifying the period of retention for examination
83	reports, investigatory records, applications, application
84	records, and related information compiled by the
85	Department of Banking and Finance under the Money
86	Transmitters’ Code; amending s. 624.311, F.S.; authorizing
87	the Department of Insurance to maintain an electronic
88	recordkeeping system for specified records, statements,
89	reports, and documents; eliminating a standard for the
90	reproduction of such records, statements, reports, and
91	documents; amending s. 624.312, F.S.; providing that
92	reproductions from an electronic recordkeeping system of
93	specified documents and records of the Department of
94	Insurance shall be treated as originals for the purpose of
95	their admissibility in evidence; amending s. 633.527,
96	F.S.; decreasing the period of retention for specified
97	examination test questions, answer sheets, and grades in
98	the possession of the Division of State Fire Marshal of
99	the Department of Insurance; amending s. 655.50, F.S.;
100	revising requirements of the Department of Banking and
101	Finance with respect to retention of copies of specified
102	reports and records of exemption submitted or filed by
103	financial institutions under the Florida Control of Money
104	Laundering in Financial Institutions Act; amending s.
105	945.25, F.S.; requiring the Department of Corrections to
106	obtain and place in its records specified information on
107	every person who may be sentenced to supervision or
108	incarceration under the jurisdiction of the department;
109	eliminating a requirement of the department, in its
110	discretion, to obtain and place in its permanent records
111	specified information on persons placed on probation and
112	on persons who may become subject to pardon and
113	commutation of sentence; amending s. 985.31, F.S.;
114	revising the classification of specified medical files of
115	serious or habitual juvenile offenders; repealing s.
116	212.095(6)(d), F.S., which requires the Department of
117	Revenue to keep a permanent record of the amounts of
118	refunds claimed and paid under ch. 212, F.S., and which
119	requires that such records shall be open to public
120	inspection; repealing s. 238.03(9), F.S., relating to the
121	authority of the Department of Management Services to
122	photograph and reduce to microfilm as a permanent record
123	its ledger sheets showing the salaries and contributions
124	of members of the Teachers’ Retirement System of Florida
125	and the records of deceased members of the system, and the
126	authority to destroy the documents from which such films
127	derive; correcting a cross reference; amending ss. 15.09,
128	23.22, 101.5607, 112.533, 1012.31, 257.34, 257.35, 282.21,
129	287.0943, 320.05, 322.20, 338.223, 378.406, 400.0077,
130	401.27, 403.111, 409.2577, 455.219, 456.025, 627.311,
131	627.351, 633.527, 668.50, and 794.024, F.S.; conforming
132	cross references; reenacting s. 947.13(2)(a), F.S.,
133	relating to the duty of the Parole Commission to examine
134	specified records, to incorporate the amendment to s.
135	945.25, F.S., in a reference thereto; repealing s.
136	430.015, F.S., which provides a public necessity statement
137	for a Department of Elderly Affairs public records
138	exemption; amending s. 440.132, F.S.; eliminating a public
139	necessity statement for an Agency for Health Care
140	Administration public records exemption; repealing s.
141	723.0065, F.S., which provides a public necessity
142	statement for a Division of Florida Land Sales,
143	Condominiums, and Mobile Homes public records exemption;
144	repealing s. 768.301, F.S., which provides a public
145	necessity statement for a public records and public
146	meetings exemption regarding state administered risk
147	management programs; repealing s. 815.045, F.S., which
148	provides a public necessity statement for a public records
149	exemption regarding trade secret information held by an
150	agency; amending s. 943.031, F.S.; eliminating a public
151	necessity statement for a Florida Violent Crime and Drug
152	Control Council public records and public meetings
153	exemption; providing an effective date.
154
155	Be It Enacted by the Legislature of the State of Florida:
156
157	Section 1. Subsection (1) of section 18.20, Florida
158	Statutes, is amended to read:
159	18.20 Treasurer to make reproductions of certain warrants,
160	records, and documents.--
161	(1) All vouchers or checks heretofore or hereafter drawn
162	by appropriate court officials of the several counties of the
163	state against money deposited with the Treasurer under the
164	provisions of s. 43.17, and paid by the Treasurer, may be
165	photographed, microphotographed, or reproduced on film by the
166	Treasurer. Such photographic film shall be durable material and
167	the device used to so reproduce such warrants, vouchers, or
168	checks shall be one which accurately reproduces the originals
169	thereof in all detail; and such photographs, microphotographs,
170	or reproductions on film shall be placed in conveniently
171	accessible and identified files and shall be preserved by the
172	Treasurer as a part of the permanentrecords of office. When any
173	such warrants, vouchers, or checks have been so photographed,
174	microphotographed, or reproduced on film, and the photographs,
175	microphotographs, or reproductions on film thereof have been
176	placed in files as a part of the permanentrecords of the office
177	of the Treasurer as aforesaid, the Treasurer is authorized to
178	return such warrants, vouchers, or checks to the offices of the
179	respective county officials who drew the same and such warrants,
180	vouchers, or checks shall be retained and preserved in such
181	offices to which returned as a part of the permanentrecords of
182	such offices.
183	Section 2. Section 39.2021, Florida Statutes, is created
184	to read:
185	39.2021 Release of confidential information.--
186	(1) Any person or organization, including the Department
187	of Children and Family Services, may petition the court for an
188	order making public the records of the Department of Children
189	and Family Services that pertain to investigations of alleged
190	abuse, abandonment, or neglect of a child. The court shall
191	determine whether good cause exists for public access to the
192	records sought or a portion thereof. In making this
193	determination, the court shall balance the best interest of the
194	child who is the focus of the investigation and the interest of
195	that child's siblings, together with the privacy right of other
196	persons identified in the reports, against the public interest.
197	The public interest in access to such records is reflected in s.
198	119.01(1) and includes the need for citizens to know of and
199	adequately evaluate the actions of the Department of Children
200	and Family Services and the court system in providing children
201	of this state with the protections enumerated in s. 39.001.
202	However, this subsection does not contravene s. 39.202, which
203	protects the name of any person reporting the abuse,
204	abandonment, or neglect of a child.
205	(2) In cases involving serious bodily injury to a child,
206	the Department of Children and Family Services may petition the
207	court for an order for the immediate public release of records
208	of the department which pertain to the protective investigation.
209	The petition must be personally served upon the child, the
210	child's parent or guardian, and any person named as an alleged
211	perpetrator in the report of abuse, abandonment, or neglect. The
212	court must determine whether good cause exists for the public
213	release of the records sought no later than 24 hours, excluding
214	Saturdays, Sundays, and legal holidays, after the date the
215	department filed the petition with the court. If the court has
216	neither granted nor denied the petition within the 24-hour time
217	period, the department may release to the public summary
218	information including:
219	(a) A confirmation that an investigation has been
220	conducted concerning the alleged victim.
221	(b) The dates and brief description of procedural
222	activities undertaken during the department's investigation.
223	(c) The date of each judicial proceeding, a summary of
224	each participant's recommendations made at the judicial
225	proceeding, and the ruling of the court.
226
227	The summary information may not include the name of, or other
228	identifying information with respect to, any person identified
229	in any investigation. In making a determination to release
230	confidential information, the court shall balance the best
231	interests of the child who is the focus of the investigation and
232	the interests of that child's siblings, together with the
233	privacy rights of other persons identified in the reports,
234	against the public interest for access to public records.
235	However, this subsection does not contravene s. 39.202, which
236	protects the name of any person reporting abuse, abandonment, or
237	neglect of a child.
238	(3) When the court determines that good cause for public
239	access exists, the court shall direct that the department redact
240	the name of and other identifying information with respect to
241	any person identified in any protective investigation report
242	until such time as the court finds that there is probable cause
243	to believe that the person identified committed an act of
244	alleged abuse, abandonment, or neglect.
245	Section 3. Section 119.01, Florida Statutes, is amended to
246	read:
247	119.01 General state policy on public records.--
248	(1) It is the policy of this state that all state, county,
249	and municipal records areshall beopen for personal inspection
250	by any person.
251	(2) The Legislature finds that, given advancements in
252	technology, Providing access to public records is a duty of each
253	agencyby remote electronic means is an additional method of
254	access that agencies should strive to provide to the extent
255	feasible. If an agency provides access to public records by
256	remote electronic means, then such access should be provided in
257	the most cost-effective and efficient manner available to the
258	agency providing the information.
259	(2)(a)(3) The Legislature finds that providing access to
260	public records is a duty of each agency and thatAutomation of
261	public records must not erode the right of access to public
262	thoserecords. As each agency increases its use of and
263	dependence on electronic recordkeeping, each agency must provide
264	ensure reasonable publicaccess to records electronically
265	maintained and must keep information made exempt or confidential
266	from being disclosed to the public.
267	(b) An agency must consider when designing or acquiring an
268	electronic recordkeeping system whether such system is capable
269	of providing data in some common format such as, but not limited
270	to, the American Standard Code for Information Interchange.
271	(c) An agency may not enter into a contract for the
272	creation or maintenance of a public records database if that
273	contract impairs the ability of the public to inspect or copy
274	the public records of the agency, including public records that
275	are on-line or stored in an electronic recordkeeping system used
276	by the agency.
277	(d) Subject to the restrictions of copyright and trade
278	secret laws and public records exemptions, agency use of
279	proprietary software must not diminish the right of the public
280	to inspect and copy a public record.
281	(e) Providing access to public records by remote
282	electronic means is an additional method of access that agencies
283	should strive to provide to the extent feasible. If an agency
284	provides access to public records by remote electronic means,
285	such access should be provided in the most cost-effective and
286	efficient manner available to the agency providing the
287	information.
288	(f) Each agency that maintains a public record in an
289	electronic recordkeeping system shall provide to any person,
290	pursuant to this chapter, a copy of any public record in that
291	system which is not exempted by law from public disclosure. An
292	agency must provide a copy of the record in the medium requested
293	if the agency maintains the record in that medium, and the
294	agency may charge a fee in accordance with this chapter. For the
295	purpose of satisfying a public records request, the fee to be
296	charged by an agency if it elects to provide a copy of a public
297	record in a medium not routinely used by the agency, or if it
298	elects to compile information not routinely developed or
299	maintained by the agency or that requires a substantial amount
300	of manipulation or programming, must be in accordance with s.
301	119.07(4).
302	(3) If public funds are expended by an agency as defined
303	in s. 119.011(2) in payment of dues or membership contributions
304	for any person, corporation, foundation, trust, association,
305	group, or other organization, all the financial, business, and
306	membership records of that person, corporation, foundation,
307	trust, association, group, or other organization which pertain
308	to the public agency are public records and subject to the
309	provisions of s. 119.07.
310	(4) Each agency shall establish a program for the disposal
311	of records that do not have sufficient legal, fiscal,
312	administrative, or archival value in accordance with retention
313	schedules established by the records and information management
314	program of the Division of Library and Information Services of
315	the Department of State.
316	Section 4. Section 119.011, Florida Statutes, is amended
317	to read:
318	119.011 Definitions.--As used inFor the purpose ofthis
319	chapter, the term:
320	(1) "Actual cost of duplication" means the cost of the
321	material and supplies used to duplicate the public record but
322	does not include the labor cost or overhead cost associated with
323	such duplication."Public records" means all documents, papers,
324	letters, maps, books, tapes, photographs, films, sound
325	recordings, data processing software, or other material,
326	regardless of the physical form, characteristics, or means of
327	transmission, made or received pursuant to law or ordinance or
328	in connection with the transaction of official business by any
329	agency.
330	(2) "Agency" means any state, county, district, authority,
331	or municipal officer, department, division, board, bureau,
332	commission, or other separate unit of government created or
333	established by law including, for the purposes of this chapter,
334	the Commission on Ethics, the Public Service Commission, and the
335	Office of Public Counsel, and any other public or private
336	agency, person, partnership, corporation, or business entity
337	acting on behalf of any public agency.
338	(3)(a) "Criminal intelligence information" means
339	information with respect to an identifiable person or group of
340	persons collected by a criminal justice agency in an effort to
341	anticipate, prevent, or monitor possible criminal activity.
342	(b) "Criminal investigative information" means information
343	with respect to an identifiable person or group of persons
344	compiled by a criminal justice agency in the course of
345	conducting a criminal investigation of a specific act or
346	omission, including, but not limited to, information derived
347	from laboratory tests, reports of investigators or informants,
348	or any type of surveillance.
349	(c) "Criminal intelligence information" and "criminal
350	investigative information" shall not include:
351	1. The time, date, location, and nature of a reported
352	crime.
353	2. The name, sex, age, and address of a person arrested or
354	of the victim of a crime except as provided in s.
355	119.07(6)(3)(f).
356	3. The time, date, and location of the incident and of the
357	arrest.
358	4. The crime charged.
359	5. Documents given or required by law or agency rule to be
360	given to the person arrested, except as provided in s.
361	119.07(6)(3)(f), and, except that the court in a criminal case
362	may order that certain information required by law or agency
363	rule to be given to the person arrested be maintained in a
364	confidential manner and exempt from the provisions of s.
365	119.07(1) until released at trial if it is found that the
366	release of such information would:
367	a. Be defamatory to the good name of a victim or witness
368	or would jeopardize the safety of such victim or witness; and
369	b. Impair the ability of a state attorney to locate or
370	prosecute a codefendant.
371	6. Informations and indictments except as provided in s.
372	905.26.
373	(d) The word "active" shall have the following meaning:
374	1. Criminal intelligence information shall be considered
375	"active" as long as it is related to intelligence gathering
376	conducted with a reasonable, good faith belief that it will lead
377	to detection of ongoing or reasonably anticipated criminal
378	activities.
379	2. Criminal investigative information shall be considered
380	"active" as long as it is related to an ongoing investigation
381	which is continuing with a reasonable, good faith anticipation
382	of securing an arrest or prosecution in the foreseeable future.
383
384	In addition, criminal intelligence and criminal investigative
385	information shall be considered "active" while such information
386	is directly related to pending prosecutions or appeals. The word
387	"active" shall not apply to information in cases which are
388	barred from prosecution under the provisions of s. 775.15 or
389	other statute of limitation.
390	(4) "Criminal justice agency" means:
391	(a) Any law enforcement agency, court, or prosecutor;. The
392	term also includes
393	(b)Any other agency charged by law with criminal law
394	enforcement duties;, or
395	(c)Any agency having custody of criminal intelligence
396	information or criminal investigative information for the
397	purpose of assisting such law enforcement agencies in the
398	conduct of active criminal investigation or prosecution or for
399	the purpose of litigating civil actions under the Racketeer
400	Influenced and Corrupt Organization Act, during the time that
401	such agencies are in possession of criminal intelligence
402	information or criminal investigative information pursuant to
403	their criminal law enforcement duties; or. The term also
404	includes
405	(d)The Department of Corrections.
406	(5) "Custodian of public records" means the elected or
407	appointed state, county, or municipal officer charged with the
408	responsibility of maintaining the office having public records,
409	or his or her designee.
410	(6) "Data processing software" means the programs and
411	routines used to employ and control the capabilities of data
412	processing hardware, including, but not limited to, operating
413	systems, compilers, assemblers, utilities, library routines,
414	maintenance routines, applications, and computer networking
415	programs.
416	(7) "Duplicated copies" means new copies produced by
417	duplicating as defined in s. 283.30.
418	(8) "Exemption" means a provision of general law that
419	provides that a specified record or meeting, or portion thereof,
420	is not subject to the access requirements of s. 119.07(1), s.
421	286.011, or s. 24, Art. I of the State Constitution.
422	(9) "Information technology resources" has the meaning
423	ascribed to "information technology" in s. 282.0041(7).
424	(10) "Proprietary software" means data processing software
425	that is protected by copyright or trade secret laws.
426	(11) "Public records" means all documents, papers,
427	letters, maps, books, tapes, photographs, films, sound
428	recordings, data processing software, or other material,
429	regardless of the physical form, characteristics, or means of
430	transmission, made or received pursuant to law or ordinance or
431	in connection with the transaction of official business by any
432	agency.
433	(12) "Redact" means the process of removing from an image
434	or a copy of an original public record that portion of the
435	record containing exempt or confidential information.
436	(13) "Sensitive," for purposes of defining agency-produced
437	software that is sensitive, means only those portions of data
438	processing software, including the specifications and
439	documentation, which are used to:
440	(a) Collect, process, store, and retrieve information that
441	is exempt from s. 119.07(1);
442	(b) Collect, process, store, and retrieve financial
443	management information of the agency, such as payroll and
444	accounting records; or
445	(c) Control and direct access authorizations and security
446	measures for automated systems.
447	Section 5. Sections 119.0115, 119.012, and 119.02, Florida
448	Statutes, are repealed.
449	Section 6. Section 119.021, Florida Statutes, is
450	amended to read:
451	(Substantial rewording of section. See
452	s. 119.021, F.S., for present text.)
453	119.021 Custodial requirements; maintenance, preservation,
454	and retention of public records.--
455	(1) Public records shall be maintained and preserved
456	as follows:
457	(a) All public records should be kept in the buildings in
458	which they are ordinarily used.
459	(b) Insofar as practicable, a custodian of public records
460	of vital, permanent, or archival value shall keep such records
461	in fireproof and waterproof safes, vaults, or rooms fitted with
462	noncombustible materials and in such arrangement as to be easily
463	accessible for convenient use.
464	(c)1. Record books should be copied or repaired, restored,
465	or rebound if worn, mutilated, damaged, or difficult to read.
466	2. Whenever any state, county, or municipal records are in
467	need of repair, restoration, or rebinding, the head of the
468	concerned state agency, department, board, or commission; the
469	board of county commissioners of such county; or the governing
470	body of such municipality may authorize that such records be
471	removed from the building or office in which such records are
472	ordinarily kept for the length of time required to repair,
473	restore, or rebind them.
474	3. Any public official who causes a record book to be
475	copied shall attest and certify under oath that the copy is an
476	accurate copy of the original book. The copy shall then have the
477	force and effect of the original.
478	(2)(a) The Division of Library and Information Services of
479	the Department of State shall adopt rules to establish retention
480	schedules and disposal processes for public records.
481	(b) Each agency shall comply with the rules establishing
482	retention schedules and disposal processes for public records
483	which are adopted by the records and information management
484	program of the division.
485	(c) Every public official shall systematically dispose of
486	records no longer needed, subject to the consent of the records
487	and information management program of the division in accordance
488	with s. 257.36.
489	(d) The division may ascertain the condition of public
490	records and shall give advice and assistance to public officials
491	to solve problems related to the preservation, creation, filing,
492	and public accessibility of public records in their custody.
493	Public officials shall assist the division by preparing an
494	inclusive inventory of categories of public records in their
495	custody. The division shall establish a time period for the
496	retention or disposal of each series of records. Upon the
497	completion of the inventory and schedule, the division shall,
498	subject to the availability of necessary space, staff, and other
499	facilities for such purposes, make space available in its
500	records center for the filing of semicurrent records so
501	scheduled and in its archives for noncurrent records of
502	permanent value, and shall render such other assistance as
503	needed, including the microfilming of records so scheduled.
504	(3) Agency orders that comprise final agency action and
505	that must be indexed or listed pursuant to s. 120.53 have
506	continuing legal significance; therefore, notwithstanding any
507	other provision of this chapter or any provision of chapter 257,
508	each agency shall permanently maintain records of such orders
509	pursuant to the applicable rules of the Department of State.
510	(4)(a) Whoever has custody of any public records shall
511	deliver, at the expiration of his or her term of office, to his
512	or her successor or, if there be none, to the records and
513	information management program of the Division of Library and
514	Information Services of the Department of State, all public
515	records kept or received by him or her in the transaction of
516	official business.
517	(b) Whoever is entitled to custody of public records shall
518	demand them from any person having illegal possession of them,
519	who must forthwith deliver the same to him or her. Any person
520	unlawfully possessing public records must, within 10 days,
521	deliver such records to the lawful custodian of public records
522	unless just cause exists for failing to deliver such records.
523	Section 7. Sections 119.031, 119.041, 119.05, and 119.06,
524	Florida Statutes, are repealed.
525	Section 8. Section 119.07, Florida Statutes, is amended to
526	read:
527	119.07 Inspection, examination, and copyingduplicationof
528	records; fees;exemptions.--
529	(1)(a) Every person who has custody of a public record
530	shall permit the record to be inspected and copiedexaminedby
531	any person desiring to do so, at any reasonable time, under
532	reasonable conditions, and under supervision by the custodian of
533	the public recordsrecord or the custodian's designee.
534	(b) An exemption from this section does not imply an
535	exemption from s. 286.011. The exemption from s. 286.011 must
536	be expressly provided.
537	(c) A person who has custody of a public record who
538	asserts that an exemption applies to a part of such record shall
539	redact that portion of the record to which an exemption has been
540	asserted and validly applies, and such person shall produce the
541	remainder of such record for inspection and copying.
542	(d) If the person who has custody of a public record
543	contends that the record or part thereof is exempt from
544	inspection and copying, he or she shall state the basis of the
545	exemption that he or she contends is applicable to the record or
546	part thereof, including the statutory citation to an exemption
547	created or afforded by statute.
548	(e) If requested by the person seeking to inspect or copy
549	the record, the custodian of public records shall state in
550	writing and with particularity the reasons for the conclusion
551	that the record is exempt or confidential.
552	(f) In any civil action in which an exemption to this
553	section is asserted, if the exemption is alleged to exist under
554	or by virtue of paragraph(6)(c), paragraph (6)(d), paragraph
555	(6)(e), paragraph(6)(k), paragraph (6)(l), or paragraph (6)(o),
556	the public record or part thereof in question shall be submitted
557	to the court for an inspection in camera. If an exemption is
558	alleged to exist under or by virtue of paragraph (6)(b), an
559	inspection in camera will be discretionary with the court. If
560	the court finds that the asserted exemption is not applicable,
561	it shall order the public record or part thereof in question to
562	be immediately produced for inspection or copying as requested
563	by the person seeking such access.
564	(g) Regardless of whether an assertion is made by the
565	custodian of public records that a requested record is not a
566	public record subject to public inspection or copying under this
567	subsection, the requested record shall not be disposed of for a
568	period of 30 days after the date on which a written request to
569	inspect or copy the record was served on or otherwise made to
570	the custodian of public records by the person seeking access to
571	the record. If a civil action is instituted within the 30-day
572	period to enforce the provisions of this section with respect to
573	the requested record, the custodian of public records may not
574	dispose of the record except by order of a court of competent
575	jurisdiction after notice to all affected parties.
576	(h) The absence of a civil action instituted for the
577	purpose stated in paragraph (f) does not relieve the custodian
578	of public records of the duty to maintain the record as a public
579	record if the record is in fact a public record subject to
580	public inspection and copying under this subsection and does not
581	otherwise excuse or exonerate the custodian of public records
582	from any unauthorized or unlawful disposition of such record.
583	(2)(a) Any person shall have the right of access to public
584	records for the purpose of making photographs of the record
585	while in the possession, custody, and control of the custodian
586	of public records.
587	(b) This subsection applies to the making of photographs
588	in the conventional sense by use of a camera device to capture
589	images of public records but excludes the duplication of
590	microfilm in the possession of the clerk of the circuit court
591	where a copy of the microfilm may be made available by the
592	clerk.
593	(c) Photographing of public records shall be done under
594	the supervision of the custodian of public records, who may
595	adopt and enforce reasonable rules governing such photographing.
596	(d) Photographing of public records shall be done in the
597	room where the public records are kept. If, in the judgment of
598	the custodian of public records, this is impossible or
599	impracticable, such photographing shall be done in another room
600	or place, as nearly adjacent as possible to the room where the
601	public records are kept, to be determined by the custodian of
602	public records. Where provision of another room or place for
603	photographing is required, the expense of providing the same
604	shall be paid by the person desiring to photograph the public
605	record pursuant to paragraph (4)(e).
606	(3)(a) As an additional means of inspecting or copying
607	public records, a custodian of public records may provide access
608	to public records by remote electronic means, provided exempt or
609	confidential information is not disclosed.
610	(b) The custodian of public records shall provide
611	safeguards to protect the contents of public records from
612	unauthorized remote electronic access or alteration and to
613	prevent the disclosure or modification of those portions of
614	public records which are exempt or confidential from subsection
615	(1) or s. 24, Art. I of the State Constitution.
616	(c) Unless otherwise required by law, the custodian of
617	public records may charge a fee for remote electronic access,
618	granted under a contractual arrangement with a user, which fee
619	may include the direct and indirect costs of providing such
620	access. Fees for remote electronic access provided to the
621	general public shall be in accordance with the provisions of
622	this section.
623	(4) The custodian of public recordsshall furnish a copy
624	or a certified copy of the record upon payment of the fee
625	prescribed by law.or, If a fee is not prescribed by law, the
626	following fees are authorized:
627	(a)1. Up to 15 cents per one-sided copyfor duplicated
628	copies of not more than 14 inches by 8 1/2 inches;
629	2. An agency may charge no more than an additional 5 cents
630	for each two-sided copy;, upon payment of not more than 15 cents
631	per one-sided copy,and
632	3. For all other copies, upon payment ofthe actual cost
633	of duplication of the public record. An agency may charge no
634	more than an additional 5 cents for each two-sided duplicated
635	copy. For purposes of this section, duplicated copies shall mean
636	new copies produced by duplicating, as defined in s. 283.30.
637	The phrase "actual cost of duplication" means the cost of the
638	material and supplies used to duplicate the record, but it does
639	not include the labor cost or overhead cost associated with such
640	duplication. However,
641	(b)The charge for copies of county maps or aerial
642	photographs supplied by county constitutional officers may also
643	include a reasonable charge for the labor and overhead
644	associated with their duplication. Unless otherwise provided by
645	law, the fees to be charged for duplication of public records
646	shall be collected, deposited, and accounted for in the manner
647	prescribed for other operating funds of the agency.
648	(c)An agency may charge up to $1 per copy for a certified
649	copy of a public record.
650	(d)(b)If the nature or volume of public records requested
651	to be inspected, examined,or copied pursuant to this subsection
652	is such as to require extensive use of information technology
653	resources or extensive clerical or supervisory assistance by
654	personnel of the agency involved, or both, the agency may
655	charge, in addition to the actual cost of duplication, a special
656	service charge, which shall be reasonable and shall be based on
657	the cost incurred for such extensive use of information
658	technology resources or the labor cost of the personnel
659	providing the service that is actually incurred by the agency or
660	attributable to the agency for the clerical and supervisory
661	assistance required, or both.
662	(e)1. Where provision of another room or place is
663	necessary to photograph public records, the expense of providing
664	the same shall be paid by the person desiring to photograph the
665	public records.
666	2. The custodian of public records may charge the person
667	making the photographs for supervision services at a rate of
668	compensation to be agreed upon by the person desiring to make
669	the photographs and the custodian of public records. If they
670	fail to agree as to the appropriate charge, then the charge is
671	to be determined by the custodian of public records.
672	"Information technology resources" means data processing
673	hardware and software and services, communications, supplies,
674	personnel, facility resources, maintenance, and training.
675	(5)(c)When ballots are produced under this section for
676	inspection or examination, no persons other than the supervisor
677	of elections or the supervisor's employees shall touch the
678	ballots. The supervisor of elections shall make a reasonable
679	effort to notify all candidates by telephone or otherwise of the
680	time and place of the inspection or examination. All such
681	candidates, or their representatives, shall be allowed to be
682	present during the inspection or examination.
683	(2)(a) A person who has custody of a public record and who
684	asserts that an exemption provided in subsection (3) or in a
685	general or special law applies to a particular public record or
686	part of such record shall delete or excise from the record only
687	that portion of the record with respect to which an exemption
688	has been asserted and validly applies, and such person shall
689	produce the remainder of such record for inspection and
690	examination. If the person who has custody of a public record
691	contends that the record or part of it is exempt from inspection
692	and examination, he or she shall state the basis of the
693	exemption which he or she contends is applicable to the record,
694	including the statutory citation to an exemption created or
695	afforded by statute, and, if requested by the person seeking the
696	right under this subsection to inspect, examine, or copy the
697	record, he or she shall state in writing and with particularity
698	the reasons for the conclusion that the record is exempt.
699	(b) In any civil action in which an exemption to
700	subsection (1) is asserted, if the exemption is alleged to exist
701	under or by virtue of paragraph(c), paragraph (d), paragraph
702	(e), paragraph (k), paragraph(l), or paragraph (o) of subsection
703	(3), the public record or part thereof in question shall be
704	submitted to the court for an inspection in camera. If an
705	exemption is alleged to exist under or by virtue of paragraph
706	(b) of subsection (3), an inspection in camera will be
707	discretionary with the court. If the court finds that the
708	asserted exemption is not applicable, it shall order the public
709	record or part thereof in question to be immediately produced
710	for inspection, examination, or copying as requested by the
711	person seeking such access.
712	(c) Even if an assertion is made by the custodian of a
713	public record that a requested record is not a public record
714	subject to public inspection and examination under subsection
715	(1), the requested record shall, nevertheless, not be disposed
716	of for a period of 30 days after the date on which a written
717	request requesting the right to inspect, examine, or copy the
718	record was served on or otherwise made to the custodian of the
719	record by the person seeking access to the record. If a civil
720	action is instituted within the 30-day period to enforce the
721	provisions of this section with respect to the requested record,
722	the custodian shall not dispose of the record except by order of
723	a court of competent jurisdiction after notice to all affected
724	parties.
725	(d) The absence of a civil action instituted for the
726	purpose stated in paragraph (c) will not relieve the custodian
727	of the duty to maintain the record as a public record if the
728	record is in fact a public record subject to public inspection
729	and examination under subsection (1) and will not otherwise
730	excuse or exonerate the custodian from any unauthorized or
731	unlawful disposition of such record.
732	(6)(3)(a) Examination questions and answer sheets of
733	examinations administered by a governmental agency for the
734	purpose of licensure, certification, or employment are exempt
735	from the provisions of subsection (1) and s. 24(a), Art. I of
736	the State Constitution. A person who has taken such an
737	examination shall have the right to review his or her own
738	completed examination.
739	(b)1. Active criminal intelligence information and active
740	criminal investigative information are exempt from the
741	provisions of subsection (1) and s. 24(a), Art. I of the State
742	Constitution.
743	2. A request of a law enforcement agency to inspect or
744	copy a public record that is in the custody of another agency,
745	the custodian's response to the request, and any information
746	that would identify the public record that was requested by the
747	law enforcement agency or provided by the custodian are exempt
748	from the requirements of subsection (1) and s. 24(a), Art. I of
749	the State Constitution, during the period in which the
750	information constitutes criminal intelligencecriminal-
751	intelligence information or criminal investigativecriminal-
752	investigativeinformation that is active. This exemption is
753	remedial in nature, and it is the intent of the Legislature that
754	the exemption be applied to requests for information received
755	before, on, or after the effective date of this subparagraph.
756	The law enforcement agency shall give notice to the custodial
757	agency when the criminal intelligencecriminal-intelligence
758	information or criminal investigativecriminal-investigative
759	information is no longer active, so that the custodian's
760	response to the request and information that would identify the
761	public record requested are available to the public. This
762	subparagraph is subject to the Open Government Sunset Review Act
763	of 1995 in accordance with s. 119.15 and shall stand repealed
764	October 2, 2007, unless reviewed and saved from repeal through
765	reenactment by the Legislature.
766	(c) Any information revealing the identity of a
767	confidential informant or a confidential source is exempt from
768	the provisions of subsection (1) and s. 24(a), Art. I of the
769	State Constitution.
770	(d) Any information revealing surveillance techniques or
771	procedures or personnel is exempt from the provisions of
772	subsection (1) and s. 24(a), Art. I of the State Constitution.
773	Any comprehensive inventory of state and local law enforcement
774	resources compiled pursuant to part I, chapter 23, and any
775	comprehensive policies or plans compiled by a criminal justice
776	agency pertaining to the mobilization, deployment, or tactical
777	operations involved in responding to emergencies, as defined in
778	s. 252.34(3), are exempt from the provisions of subsection(1)
779	and s. 24(a), Art. I of the State Constitution and unavailable
780	for inspection, except by personnel authorized by a state or
781	local law enforcement agency, the office of the Governor, the
782	Department of Legal Affairs, the Department of Law Enforcement,
783	or the Department of Community Affairs as having an official
784	need for access to the inventory or comprehensive policies or
785	plans.
786	(e) Any information revealing undercover personnel of any
787	criminal justice agency is exempt from the provisions of
788	subsection (1) and s. 24(a), Art. I of the State Constitution.
789	(f) Any criminal intelligence information or criminal
790	investigative information including the photograph, name,
791	address, or other fact or information which reveals the identity
792	of the victim of the crime of sexual battery as defined in
793	chapter 794; the identity of the victim of a lewd or lascivious
794	offense committed upon or in the presence of a person less than
795	16 years of age, as defined in chapter 800; or the identity of
796	the victim of the crime of child abuse as defined by chapter 827
797	and any criminal intelligence information or criminal
798	investigative information or other criminal record, including
799	those portions of court records and court proceedings, which may
800	reveal the identity of a person who is a victim of any sexual
801	offense, including a sexual offense proscribed in chapter 794,
802	chapter 800, or chapter 827, is exempt from the provisions of
803	subsection(1) and s. 24(a), Art. I of the State Constitution.
804	(g) Any criminal intelligence information or criminal
805	investigative information which reveals the personal assets of
806	the victim of a crime, other than property stolen or destroyed
807	during the commission of the crime, is exempt from the
808	provisions of subsection (1) and s. 24(a), Art. I of the State
809	Constitution.
810	(h) All criminal intelligence and criminal investigative
811	information received by a criminal justice agency prior to
812	January 25, 1979, is exempt from the provisions of subsection
813	(1) and s. 24(a), Art. I of the State Constitution.
814	(i)1. The home addresses, telephone numbers, social
815	security numbers, and photographs of active or former law
816	enforcement personnel, including correctional and correctional
817	probation officers, personnel of the Department of Children and
818	Family Services whose duties include the investigation of abuse,
819	neglect, exploitation, fraud, theft, or other criminal
820	activities, personnel of the Department of Health whose duties
821	are to support the investigation of child abuse or neglect, and
822	personnel of the Department of Revenue or local governments
823	whose responsibilities include revenue collection and
824	enforcement or child support enforcement; the home addresses,
825	telephone numbers, social security numbers, photographs, and
826	places of employment of the spouses and children of such
827	personnel; and the names and locations of schools and day care
828	facilities attended by the children of such personnel are exempt
829	from the provisions of subsection(1). The home addresses,
830	telephone numbers, and photographs of firefighters certified in
831	compliance with s. 633.35; the home addresses, telephone
832	numbers, photographs, and places of employment of the spouses
833	and children of such firefighters; and the names and locations
834	of schools and day care facilities attended by the children of
835	such firefighters are exempt from subsection (1). The home
836	addresses and telephone numbers of justices of the Supreme
837	Court, district court of appeal judges, circuit court judges,
838	and county court judges; the home addresses, telephone numbers,
839	and places of employment of the spouses and children of justices
840	and judges; and the names and locations of schools and day care
841	facilities attended by the children of justices and judges are
842	exempt from the provisions of subsection (1). The home
843	addresses, telephone numbers, social security numbers, and
844	photographs of current or former state attorneys, assistant
845	state attorneys, statewide prosecutors, or assistant statewide
846	prosecutors; the home addresses, telephone numbers, social
847	security numbers, photographs, and places of employment of the
848	spouses and children of current or former state attorneys,
849	assistant state attorneys, statewide prosecutors, or assistant
850	statewide prosecutors; and the names and locations of schools
851	and day care facilities attended by the children of current or
852	former state attorneys, assistant state attorneys, statewide
853	prosecutors, or assistant statewide prosecutors are exempt from
854	subsection (1) and s. 24(a), Art. I of the State Constitution.
855	2. The home addresses, telephone numbers, social security
856	numbers, and photographs of current or former human resource,
857	labor relations, or employee relations directors, assistant
858	directors, managers, or assistant managers of any local
859	government agency or water management district whose duties
860	include hiring and firing employees, labor contract negotiation,
861	administration, or other personnel-related duties; the names,
862	home addresses, telephone numbers, social security numbers,
863	photographs, and places of employment of the spouses and
864	children of such personnel; and the names and locations of
865	schools and day care facilities attended by the children of such
866	personnel are exempt from subsection (1) and s. 24(a), Art. I of
867	the State Constitution. This subparagraph is subject to the
868	Open Government Sunset Review Act of 1995 in accordance with s.
869	119.15, and shall stand repealed on October 2, 2006, unless
870	reviewed and saved from repeal through reenactment by the
871	Legislature.
872	3. The home addresses, telephone numbers, social security
873	numbers, and photographs of current or former code enforcement
874	officers; the names, home addresses, telephone numbers, social
875	security numbers, photographs, and places of employment of the
876	spouses and children of such persons; and the names and
877	locations of schools and day care facilities attended by the
878	children of such persons are exempt from subsection (1) and s.
879	24(a), Art. I of the State Constitution. This subparagraph is
880	subject to the Open Government Sunset Review Act of 1995 in
881	accordance with s. 119.15, and shall stand repealed on October
882	2, 2006, unless reviewed and saved from repeal through
883	reenactment by the Legislature.
884	4. An agency that is the custodian of the personal
885	information specified in subparagraph 1., subparagraph 2., or
886	subparagraph 3. and that is not the employer of the officer,
887	employee, justice, judge, or other person specified in
888	subparagraph 1., subparagraph 2., or subparagraph 3. shall
889	maintain the exempt statusconfidentialityof the personal
890	information only if the officer, employee, justice, judge, other
891	person, or employing agency of the designated employee submits a
892	written request for maintenance of the exemptionconfidentiality
893	to the custodial agency.
894	(j) Any information provided to an agency of state
895	government or to an agency of a political subdivision of the
896	state for the purpose of forming ridesharing arrangements, which
897	information reveals the identity of an individual who has
898	provided his or her name for ridesharing, as defined in s.
899	341.031, is exempt from the provisions of subsection (1) and s.
900	24(a), Art. I of the State Constitution.
901	(k) Any information revealing the substance of a
902	confession of a person arrested is exempt from the provisions of
903	subsection (1) and s. 24(a), Art. I of the State Constitution,
904	until such time as the criminal case is finally determined by
905	adjudication, dismissal, or other final disposition.
906	(l)1. A public record which was prepared by an agency
907	attorney (including an attorney employed or retained by the
908	agency or employed or retained by another public officer or
909	agency to protect or represent the interests of the agency
910	having custody of the record) or prepared at the attorney's
911	express direction, which reflects a mental impression,
912	conclusion, litigation strategy, or legal theory of the attorney
913	or the agency, and which was prepared exclusively for civil or
914	criminal litigation or for adversarial administrative
915	proceedings, or which was prepared in anticipation of imminent
916	civil or criminal litigation or imminent adversarial
917	administrative proceedings, is exempt from the provisions of
918	subsection(1) and s. 24(a), Art. I of the State Constitution
919	until the conclusion of the litigation or adversarial
920	administrative proceedings. For purposes of capital collateral
921	litigation as set forth in s. 27.7001, the Attorney General's
922	office is entitled to claim this exemption for those public
923	records prepared for direct appeal as well as for all capital
924	collateral litigation after direct appeal until execution of
925	sentence or imposition of a life sentence.
926	2. This exemption is not waived by the release of such
927	public record to another public employee or officer of the same
928	agency or any person consulted by the agency attorney. When
929	asserting the right to withhold a public record pursuant to this
930	paragraph, the agency shall identify the potential parties to
931	any such criminal or civil litigation or adversarial
932	administrative proceedings. If a court finds that the document
933	or other record has been improperly withheld under this
934	paragraph, the party seeking access to such document or record
935	shall be awarded reasonable attorney's fees and costs in
936	addition to any other remedy ordered by the court.
937	(m) Sealed bids or proposals received by an agency
938	pursuant to invitations to bid or requests for proposals are
939	exempt from the provisions of subsection (1) and s. 24(a), Art.
940	I of the State Constitution until such time as the agency
941	provides notice of a decision or intended decision pursuant to
942	s. 120.57(3)(a) or within 10 days after bid or proposal opening,
943	whichever is earlier.
944	(n) When an agency of the executive branch of state
945	government seeks to acquire real property by purchase or through
946	the exercise of the power of eminent domain all appraisals,
947	other reports relating to value, offers, and counteroffers must
948	be in writing and are exempt from the provisions of subsection
949	(1) and s. 24(a), Art. I of the State Constitution until
950	execution of a valid option contract or a written offer to sell
951	that has been conditionally accepted by the agency, at which
952	time the exemption shall expire. The agency shall not finally
953	accept the offer for a period of 30 days in order to allow
954	public review of the transaction. The agency may give
955	conditional acceptance to any option or offer subject only to
956	final acceptance by the agency after the 30-day review period.
957	If a valid option contract is not executed, or if a written
958	offer to sell is not conditionally accepted by the agency, then
959	the exemption from the provisions of this chapter shall expire
960	at the conclusion of the condemnation litigation of the subject
961	property. An agency of the executive branch may exempt title
962	information, including names and addresses of property owners
963	whose property is subject to acquisition by purchase or through
964	the exercise of the power of eminent domain, from the provisions
965	of subsection (1) and s. 24(a), Art. I of the State Constitution
966	to the same extent as appraisals, other reports relating to
967	value, offers, and counteroffers. For the purpose of this
968	paragraph, "option contract" means an agreement of an agency of
969	the executive branch of state government to purchase real
970	property subject to final agency approval. This paragraph shall
971	have no application to other exemptions from the provisions of
972	subsection (1) which are contained in other provisions of law
973	and shall not be construed to be an express or implied repeal
974	thereof.
975	(o) Data processing software obtained by an agency under a
976	licensing agreement which prohibits its disclosure and which
977	software is a trade secret, as defined in s. 812.081, and
978	agency-produced data processing software which is sensitive are
979	exempt from the provisions of subsection (1) and s. 24(a), Art.
980	I of the State Constitution. The designation of agency-produced
981	software as sensitive shall not prohibit an agency head from
982	sharing or exchanging such software with another public agency.
983	As used in this paragraph:
984	1. "Data processing software" means the programs and
985	routines used to employ and control the capabilities of data
986	processing hardware, including, but not limited to, operating
987	systems, compilers, assemblers, utilities, library routines,
988	maintenance routines, applications, and computer networking
989	programs.
990	2. "Sensitive" means only those portions of data
991	processing software, including the specifications and
992	documentation, used to:
993	a. Collect, process, store, and retrieve information which
994	is exempt from the provisions of subsection (1);
995	b. Collect, process, store, and retrieve financial
996	management information of the agency, such as payroll and
997	accounting records; or
998	c. Control and direct access authorizations and security
999	measures for automated systems.
1000	(p) All complaints and other records in the custody of any
1001	unit of local government which relate to a complaint of
1002	discrimination relating to race, color, religion, sex, national
1003	origin, age, handicap, marital status, sale or rental of
1004	housing, the provision of brokerage services, or the financing
1005	of housing are exempt from the provisions of subsection (1) and
1006	s. 24(a), Art. I of the State Constitution until a finding is
1007	made relating to probable cause, the investigation of the
1008	complaint becomes inactive, or the complaint or other record is
1009	made part of the official record of any hearing or court
1010	proceeding. This provision shall not affect any function or
1011	activity of the Florida Commission on Human Relations. Any
1012	state or federal agency which is authorized to have access to
1013	such complaints or records by any provision of law shall be
1014	granted such access in the furtherance of such agency's
1015	statutory duties, notwithstanding the provisions of this
1016	section. This paragraph shall not be construed to modify or
1017	repeal any special or local act.
1018	(q) All complaints and other records in the custody of any
1019	agency in the executive branch of state government which relate
1020	to a complaint of discrimination relating to race, color,
1021	religion, sex, national origin, age, handicap, or marital status
1022	in connection with hiring practices, position classifications,
1023	salary, benefits, discipline, discharge, employee performance,
1024	evaluation, or other related activities are exempt from the
1025	provisions of subsection (1) and s. 24(a), Art. I of the State
1026	Constitution until a finding is made relating to probable cause,
1027	the investigation of the complaint becomes inactive, or the
1028	complaint or other record is made part of the official record of
1029	any hearing or court proceeding. This provision shall not
1030	affect any function or activity of the Florida Commission on
1031	Human Relations. Any state or federal agency which is
1032	authorized to have access to such complaints or records by any
1033	provision of law shall be granted such access in the furtherance
1034	of such agency's statutory duties, notwithstanding the
1035	provisions of this section.
1036	(r) All records supplied by a telecommunications company,
1037	as defined by s. 364.02, to a state or local governmental agency
1038	which contain the name, address, and telephone number of
1039	subscribers are confidential and exempt from the provisions of
1040	subsection (1) and s. 24(a), Art. I of the State Constitution.
1041	(s)1. Any document that reveals the identity, home or
1042	employment telephone number, home or employment address, or
1043	personal assets of the victim of a crime and identifies that
1044	person as the victim of a crime, which document is received by
1045	any agency that regularly receives information from or
1046	concerning the victims of crime, is exempt from the provisions
1047	of subsection(1) and s. 24(a), Art. I of the State Constitution.
1048	Any information not otherwise held confidential or exempt or
1049	confidentialfrom the provisions of subsection (1) which reveals
1050	the home or employment telephone number, home or employment
1051	address, or personal assets of a person who has been the victim
1052	of sexual battery, aggravated child abuse, aggravated stalking,
1053	harassment, aggravated battery, or domestic violence is exempt
1054	from the provisions of subsection (1) and s. 24(a), Art. I of
1055	the State Constitution, upon written request by the victim,
1056	which must include official verification that an applicable
1057	crime has occurred. Such information shall cease to be exempt 5
1058	years after the receipt of the written request. Any state or
1059	federal agency that is authorized to have access to such
1060	documents by any provision of law shall be granted such access
1061	in the furtherance of such agency's statutory duties,
1062	notwithstanding the provisions of this section.
1063	2. Any information in a videotaped statement of a minor
1064	who is alleged to be or who is a victim of sexual battery, lewd
1065	acts, or other sexual misconduct proscribed in chapter 800 or in
1066	s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
1067	847.0133, or s. 847.0145, which reveals that minor's identity,
1068	including, but not limited to, the minor's face; the minor's
1069	home, school, church, or employment telephone number; the
1070	minor's home, school, church, or employment address; the name of
1071	the minor's school, church, or place of employment; or the
1072	personal assets of the minor; and which identifies that minor as
1073	the victim of a crime described in this subparagraph, is
1074	confidential and exempt from subsection (1) and s. 24(a), Art. I
1075	of the State Constitution. Any governmental agency that is
1076	authorized to have access to such statements by any provision of
1077	law shall be granted such access in the furtherance of the
1078	agency's statutory duties, notwithstanding the provisions of
1079	this section. This subparagraph is subject to the Open
1080	Government Sunset Review Act of 1995 in accordance with s.
1081	119.15, and shall stand repealed on October 2, 2003.
1082	3. A public employee or officer who has access to the
1083	videotaped statement of a minor who is alleged to be or who is a
1084	victim of sexual battery, lewd acts, or other sexual misconduct
1085	proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
1086	847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145,
1087	may not willfully and knowingly disclose videotaped information
1088	that reveals that minor's identity to a person who is not
1089	assisting in the investigation or prosecution of the alleged
1090	offense or to any person other than the defendant, the
1091	defendant's attorney, or a person specified in an order entered
1092	by the court having jurisdiction of the alleged offense.
1093	4. A person who violates subparagraph 3. commits a
1094	misdemeanor of the first degree, punishable as provided in s.
1095	775.082 or s. 775.083.
1096	(t) Any financial statement which an agency requires a
1097	prospective bidder to submit in order to prequalify for bidding
1098	or for responding to a proposal for a road or any other public
1099	works project is exempt from the provisions of subsection (1)
1100	and s. 24(a), Art. I of the State Constitution.
1101	(u) Where the alleged victim chooses not to file a
1102	complaint and requests that records of the complaint remain
1103	confidential, all records relating to an allegation of
1104	employment discrimination are confidential and exempt from the
1105	provisions of subsection (1) and s. 24(a), Art. I of the State
1106	Constitution.
1107	(v) Medical information pertaining to a prospective,
1108	current, or former officer or employee of an agency which, if
1109	disclosed, would identify that officer or employee is exempt
1110	from the provisions of subsection(1) and s. 24(a), Art. I of the
1111	State Constitution. However, such information may be disclosed
1112	if the person to whom the information pertains or the person's
1113	legal representative provides written permission or pursuant to
1114	court order.
1115	(w)1. If certified pursuant to subparagraph 2., an
1116	investigatory record of the Chief Inspector General within the
1117	Executive Office of the Governor or of the employee designated
1118	by an agency head as the agency inspector general under s.
1119	112.3189 is exempt from the provisions of subsection (1) and s.
1120	24(a), Art. I of the State Constitution until the investigation
1121	ceases to be active, or a report detailing the investigation is
1122	provided to the Governor or the agency head, or 60 days from the
1123	inception of the investigation for which the record was made or
1124	received, whichever first occurs. Investigatory records are
1125	those records which are related to the investigation of an
1126	alleged, specific act or omission or other wrongdoing, with
1127	respect to an identifiable person or group of persons, based on
1128	information compiled by the Chief Inspector General or by an
1129	agency inspector general, as named under the provisions of s.
1130	112.3189, in the course of an investigation. An investigation is
1131	active if it is continuing with a reasonable, good faith
1132	anticipation of resolution and with reasonable dispatch.
1133	2. The Governor, in the case of the Chief Inspector
1134	General, or agency head, in the case of an employee designated
1135	as the agency inspector general under s. 112.3189, may certify
1136	such investigatory records require an exemption to protect the
1137	integrity of the investigation or avoid unwarranted damage to an
1138	individual's good name or reputation. The certification shall
1139	specify the nature and purpose of the investigation and shall be
1140	kept with the exempt records and made public when the records
1141	are made public.
1142	3. The provisions of this paragraph do not apply to
1143	whistle-blower investigations conducted pursuant to the
1144	provisions of ss. 112.3187, 112.3188, 112.3189, and 112.31895.
1145	(x) The social security numbers of all current and former
1146	agency employees which numbers are contained in agency
1147	employment records are exempt from subsection(1) and exempt from
1148	s. 24(a), Art. I of the State Constitution. As used in this
1149	paragraph, the term "agency" means an agency as defined in s.
1150	119.011.
1151	(y) The audit report of an internal auditor prepared for
1152	or on behalf of a unit of local government becomes a public
1153	record when the audit becomes final. As used in this paragraph,
1154	"unit of local government" means a county, municipality, special
1155	district, local agency, authority, consolidated city-county
1156	government, or any other local governmental body or public body
1157	corporate or politic authorized or created by general or special
1158	law. An audit becomes final when the audit report is presented
1159	to the unit of local government. Audit workpapers and notes
1160	related to such audit report are confidential and exempt from
1161	the provisions of subsection(1) and s. 24(a), Art. I of the
1162	State Constitution until the audit is completed and the audit
1163	report becomes final.
1164	(z) Any data, record, or document used directly or solely
1165	by a municipally owned utility to prepare and submit a bid
1166	relative to the sale, distribution, or use of any service,
1167	commodity, or tangible personal property to any customer or
1168	prospective customer shall be exempt from the provisions of
1169	subsection (1) and s. 24(a), Art. I of the State Constitution.
1170	This exemption commences when a municipal utility identifies in
1171	writing a specific bid to which it intends to respond. This
1172	exemption no longer applies when the contract for sale,
1173	distribution, or use of the service, commodity, or tangible
1174	personal property is executed, a decision is made not to execute
1175	such contract, or the project is no longer under active
1176	consideration. The exemption in this paragraph includes the bid
1177	documents actually furnished in response to the request for
1178	bids. However, the exemption for the bid documents submitted no
1179	longer applies after the bids are opened by the customer or
1180	prospective customer.
1181	(aa) Upon a request made in a form designated by the
1182	Department of Highway Safety and Motor Vehicles, personal
1183	information contained in a motor vehicle record that identifies
1184	the requester is exempt from subsection(1) and s. 24(a), Art. I
1185	of the State Constitution except as provided in this paragraph.
1186	Personal information includes, but is not limited to, the
1187	requester's social security number, driver identification
1188	number, name, address, telephone number, and medical or
1189	disability information. For purposes of this paragraph,
1190	personal information does not include information relating to
1191	vehicular crashes, driving violations, and driver's status.
1192	Such request may be made only by the person who is the subject
1193	of the motor vehicle record. For purposes of this paragraph,
1194	"motor vehicle record" means any record that pertains to a motor
1195	vehicle operator's permit, motor vehicle title, motor vehicle
1196	registration, or identification card issued by the Department of
1197	Highway Safety and Motor Vehicles. Personal information
1198	contained in motor vehicle records exempted by an individual's
1199	request pursuant to this paragraph shall be released by the
1200	department for any of the following uses:
1201	1. For use in connection with matters of motor vehicle or
1202	driver safety and theft; motor vehicle emissions; motor vehicle
1203	product alterations, recalls, or advisories; performance
1204	monitoring of motor vehicles and dealers by motor vehicle
1205	manufacturers; and removal of nonowner records from the original
1206	owner records of motor vehicle manufacturers, to carry out the
1207	purposes of the Automobile Information Disclosure Act, the Motor
1208	Vehicle Information and Cost Saving Act, the National Traffic
1209	and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
1210	1992, and the Clean Air Act.
1211	2. For use by any government agency, including any court
1212	or law enforcement agency, in carrying out its functions, or any
1213	private person or entity acting on behalf of a federal, state,
1214	or local agency in carrying out its functions.
1215	3. For use in connection with matters of motor vehicle or
1216	driver safety and theft; motor vehicle emissions; motor vehicle
1217	product alterations, recalls, or advisories; performance
1218	monitoring of motor vehicles, motor vehicle parts, and dealers;
1219	motor vehicle market research activities, including survey
1220	research; and removal of nonowner records from the original
1221	owner records of motor vehicle manufacturers.
1222	4. For use in the normal course of business by a
1223	legitimate business or its agents, employees, or contractors,
1224	but only:
1225	a. To verify the accuracy of personal information
1226	submitted by the individual to the business or its agents,
1227	employees, or contractors; and
1228	b. If such information as so submitted is not correct or
1229	is no longer correct, to obtain the correct information, but
1230	only for the purposes of preventing fraud by, pursuing legal
1231	remedies against, or recovering on a debt or security interest
1232	against, the individual.
1233	5. For use in connection with any civil, criminal,
1234	administrative, or arbitral proceeding in any court or agency or
1235	before any self-regulatory body for:
1236	a. Service of process by any certified process server,
1237	special process server, or other person authorized to serve
1238	process in this state.
1239	b. Investigation in anticipation of litigation by an
1240	attorney licensed to practice law in this state or the agent of
1241	the attorney.
1242	c. Investigation by any person in connection with any
1243	filed proceeding.
1244	d. Execution or enforcement of judgments and orders. e.
1245	Compliance with an order of any court.
1246	6. For use in research activities and for use in producing
1247	statistical reports, so long as the personal information is not
1248	published, redisclosed, or used to contact individuals.
1249	7. For use by any insurer or insurance support
1250	organization, or by a self-insured entity, or its agents,
1251	employees, or contractors, in connection with claims
1252	investigation activities, anti-fraud activities, rating, or
1253	underwriting.
1254	8. For use in providing notice to the owners of towed or
1255	impounded vehicles.
1256	9. For use by any licensed private investigative agency or
1257	licensed security service for any purpose permitted under this
1258	paragraph. Personal information obtained based on an exempt
1259	driver's record may not be provided to a client who cannot
1260	demonstrate a need based on a police report, court order, or a
1261	business or personal relationship with the subject of the
1262	investigation.
1263	10. For use by an employer or its agent or insurer to
1264	obtain or verify information relating to a holder of a
1265	commercial driver's license that is required under the
1266	Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App.
1267	2710 et seq.
1268	11. For use in connection with the operation of private
1269	toll transportation facilities.
1270	12. For bulk distribution for surveys, marketing, or
1271	solicitations when the department has implemented methods and
1272	procedures to ensure that:
1273	a. Individuals are provided an opportunity, in a clear and
1274	conspicuous manner, to prohibit such uses; and
1275	b. The information will be used, rented, or sold solely
1276	for bulk distribution for survey, marketing, and solicitations,
1277	and that surveys, marketing, and solicitations will not be
1278	directed at those individuals who have timely requested that
1279	they not be directed at them.
1280	13. For any use if the requesting person demonstrates that
1281	he or she has obtained the written consent of the person who is
1282	the subject of the motor vehicle record.
1283	14. For any other use specifically authorized by state
1284	law, if such use is related to the operation of a motor vehicle
1285	or public safety.
1286
1287	Personal information exempted from public disclosure according
1288	to this paragraph may be disclosed by the Department of Highway
1289	Safety and Motor Vehicles to an individual, firm, corporation,
1290	or similar business entity whose primary business interest is to
1291	resell or redisclose the personal information to persons who are
1292	authorized to receive such information. Prior to the
1293	department's disclosure of personal information, such
1294	individual, firm, corporation, or similar business entity must
1295	first enter into a contract with the department regarding the
1296	care, custody, and control of the personal information to ensure
1297	compliance with the federal Driver's Privacy Protection Act of
1298	1994 and applicable state laws. An authorized recipient of
1299	personal information contained in a motor vehicle record, except
1300	a recipient under subparagraph 12., may contract with the
1301	Department of Highway Safety and Motor Vehicles to resell or
1302	redisclose the information for any use permitted under this
1303	paragraph. However, only authorized recipients of personal
1304	information under subparagraph 12. may resell or redisclose
1305	personal information pursuant to subparagraph 12. Any
1306	authorized recipient who resells or rediscloses personal
1307	information shall maintain, for a period of 5 years, records
1308	identifying each person or entity that receives the personal
1309	information and the permitted purpose for which it will be used.
1310	Such records shall be made available for inspection upon request
1311	by the department. The department shall adopt rules to carry out
1312	the purposes of this paragraph and the federal Driver's Privacy
1313	Protection Act of 1994, Title XXX, Pub. L. No. 103-322. Rules
1314	adopted by the department shall provide for the payment of
1315	applicable fees and, prior to the disclosure of personal
1316	information pursuant to this paragraph, shall require the
1317	meeting of conditions by the requesting person for the purposes
1318	of obtaining reasonable assurance concerning the identity of
1319	such requesting person, and, to the extent required, assurance
1320	that the use will be only as authorized or that the consent of
1321	the person who is the subject of the personal information has
1322	been obtained. Such conditions may include, but need not be
1323	limited to, the making and filing of a written application in
1324	such form and containing such information and certification
1325	requirements as the department requires.
1326	(bb)1. Medical history records, bank account numbers,
1327	credit card numbers, telephone numbers, and information related
1328	to health or property insurance furnished by an individual to
1329	any agency pursuant to federal, state, or local housing
1330	assistance programs are confidential and exempt from the
1331	provisions of subsection (1) and s. 24(a), Art. I of the State
1332	Constitution. Any other information produced or received by any
1333	private or public entity in direct connection with federal,
1334	state, or local housing assistance programs, unless the subject
1335	of another federal or state exemption, is subject to subsection
1336	(1).
1337	2. Governmental agencies or their agents are entitled to
1338	access to the records specified in this paragraph for the
1339	purposes of auditing federal, state, or local housing programs
1340	or housing assistance programs. Such records may be used by an
1341	agency, as needed, in any administrative or judicial proceeding,
1342	provided such records are kept confidential and exempt, unless
1343	otherwise ordered by a court.
1344	3. This paragraph is repealed effective October 2, 2003,
1345	and must be reviewed by the Legislature before that date in
1346	accordance with s. 119.15, the Open Government Sunset Review Act
1347	of 1995.
1348	(cc) All personal identifying information; bank account
1349	numbers; and debit, charge, and credit card numbers contained in
1350	records relating to an individual's personal health or
1351	eligibility for health-related services made or received by the
1352	Department of Health or its service providers are confidential
1353	and exempt from the provisions of subsection (1) and s. 24(a),
1354	Art. I of the State Constitution, except as otherwise provided
1355	in this paragraph. Information made confidential and exempt by
1356	this paragraph shall be disclosed:
1357	1. With the express written consent of the individual or
1358	the individual's legally authorized representative.
1359	2. In a medical emergency, but only to the extent
1360	necessary to protect the health or life of the individual.
1361	3. By court order upon a showing of good cause.
1362	4. To a health research entity, if the entity seeks the
1363	records or data pursuant to a research protocol approved by the
1364	department, maintains the records or data in accordance with the
1365	approved protocol, and enters into a purchase and data-use
1366	agreement with the department, the fee provisions of which are
1367	consistent with subsection (4)paragraph (1)(a). The department
1368	may deny a request for records or data if the protocol provides
1369	for intrusive follow-back contacts, has not been approved by a
1370	human studies institutional review board, does not plan for the
1371	destruction of confidential records after the research is
1372	concluded, is administratively burdensome, or does not have
1373	scientific merit. The agreement must restrict the release of
1374	any information, which would permit the identification of
1375	persons, limit the use of records or data to the approved
1376	research protocol, and prohibit any other use of the records or
1377	data. Copies of records or data issued pursuant to this
1378	subparagraph remain the property of the department.
1379
1380	This paragraph is subject to the Open Government Sunset Review
1381	Act of 1995, in accordance with s. 119.15, and shall stand
1382	repealed on October 2, 2006, unless reviewed and saved from
1383	repeal through reenactment by the Legislature.
1384	(dd) Bank account numbers and debit, charge, and credit
1385	card numbers held by an agency are exempt from subsection (1)
1386	and s. 24(a), Art. I of the State Constitution. This exemption
1387	applies to bank account numbers and debit, charge, and credit
1388	card numbers held by an agency before, on, or after the
1389	effective date of this exemption. This paragraph is subject to
1390	the Open Government Sunset Review Act of 1995 in accordance with
1391	s. 119.15, and shall stand repealed on October 2, 2007, unless
1392	reviewed and saved from repeal through reenactment by the
1393	Legislature.
1394	(ee) Building plans, blueprints, schematic drawings, and
1395	diagrams, including draft, preliminary, and final formats, which
1396	depict the internal layout and structural elements of a
1397	building, arena, stadium, water treatment facility, or other
1398	structure owned or operated by an agency as defined in s.
1399	119.011 are exempt from the provisions of subsection (1) and s.
1400	24(a), Art. I of the State Constitution. This exemption applies
1401	to building plans, blueprints, schematic drawings, and diagrams,
1402	including draft, preliminary, and final formats, which depict
1403	the internal layout and structural elements of a building,
1404	arena, stadium, water treatment facility, or other structure
1405	owned or operated by an agency before, on, or after the
1406	effective date of this act. Information made exempt by this
1407	paragraph may be disclosed to another governmental entity if
1408	disclosure is necessary for the receiving entity to perform its
1409	duties and responsibilities; to a licensed architect, engineer,
1410	or contractor who is performing work on or related to the
1411	building, arena, stadium, water treatment facility, or other
1412	structure owned or operated by an agency; or upon a showing of
1413	good cause before a court of competent jurisdiction. The
1414	entities or persons receiving such information shall maintain
1415	the exempt status of the information. This paragraph is subject
1416	to the Open Government Sunset Review Act of 1995 in accordance
1417	with s. 119.15, and shall stand repealed on October 2, 2007,
1418	unless reviewed and reenacted by the Legislature.
1419	(ff)1. Until January 1, 2006, if a social security number,
1420	made confidential and exempt pursuant to s. 119.0721119.072,
1421	created pursuant to s. 1, ch. 2002-256, passed during the 2002
1422	regular legislative session,or a complete bank account, debit,
1423	charge, or credit card number made exempt pursuant to s.
1424	119.07(6)(dd)(ee), created pursuant to s. 1, ch. 2002-257,
1425	passed during the 2002 regular legislative session,is or has
1426	been included in a court file, such number may be included as
1427	part of the court record available for public inspection and
1428	copying unless redaction is requested by the holder of such
1429	number, or by the holder's attorney or legal guardian, in a
1430	signed, legibly written request specifying the case name, case
1431	number, document heading, and page number. The request must be
1432	delivered by mail, facsimile, electronic transmission, or in
1433	person to the clerk of the circuit court. The clerk of the
1434	circuitcourt does not have a duty to inquire beyond the written
1435	request to verify the identity of a person requesting redaction.
1436	A fee may not be charged for the redaction of a social security
1437	number or a bank account, debit, charge, or credit card number
1438	pursuant to such request.
1439	2. Any person who prepares or files a document to be
1440	recorded in the official records by the county recorder as
1441	provided in chapter 28 may not include a person's social
1442	security number or complete bank account, debit, charge, or
1443	credit card number in that document unless otherwise expressly
1444	required by law. Until January 1, 2006, if a social security
1445	number or a complete bank account, debit, charge or credit card
1446	number is or has been included in a document presented to the
1447	county recorder for recording in the official records of the
1448	county, such number may be made available as part of the
1449	official record available for public inspection and copying. Any
1450	person, or his or her attorney or legal guardian, may request
1451	that a county recorder remove from an image or copy of an
1452	official record placed on a county recorder's publicly available
1453	Internet website, or a publicly available Internet website used
1454	by a county recorder to display public records outside the
1455	office or otherwise made electronically available outside the
1456	county recorder's office to the general public, his or her
1457	social security number or complete bankaccount, debit, charge,
1458	or credit card number contained in that official record. Such
1459	request must be legibly written, signed by the requester, and
1460	delivered by mail, facsimile, electronic transmission, or in
1461	person to the county recorder. The request must specify the
1462	identification page number of the document that contains the
1463	number to be redacted. The county recorder does not have a duty
1464	to inquire beyond the written request to verify the identity of
1465	a person requesting redaction. A fee may not be charged for
1466	redacting such numbers.
1467	3. Upon the effective date of this act, subsections(3) and
1468	(4) of s. 119.0721119.072, do not apply to the clerks of the
1469	circuitcourt or the county recorder with respect to court
1470	records and official records.
1471	4. On January 1, 2006, and thereafter, the clerk of the
1472	circuitcourt and the county recorder must keep complete bank
1473	account, debit, charge, and credit card numbers exempt as
1474	provided for in s. 119.07(6)(dd)(3)(ee), and must keep social
1475	security numbers confidential and exempt as provided for in s.
1476	119.0721119.072, without any person having to request
1477	redaction.
1478	(gg) Any videotape or video signal which, under an
1479	agreement with an agency, is produced, made, or received by, or
1480	is in the custody of, a federally licensed radio or television
1481	station or its agent is exempt from this chapter.
1482	(7)(4)Nothing in this section shall be construed to
1483	exempt from subsection(1) a public record which was made a part
1484	of a court file and which is not specifically closed by order of
1485	court, except as provided in paragraphs (c), (d),(e), (k), (l),
1486	and (o) of subsection (6)(3)and except information or records
1487	which may reveal the identity of a person who is a victim of a
1488	sexual offense as provided in paragraph (f) of subsection (6)
1489	(3).
1490	(5) An exemption from this section does not imply an
1491	exemption from or exception to s. 286.011. The exemption from
1492	or exception to s. 286.011 must be expressly provided.
1493	(8)(6) Nothing in subsection (6)(3)or any other general
1494	or special law shall limit the access of the Auditor General,
1495	the Office of Program Policy Analysis and Government
1496	Accountability, or any state, county, municipal, university,
1497	board of community college, school district, or special district
1498	internal auditor to public records when such person states in
1499	writing that such records are needed for a properly authorized
1500	audit, examination, or investigation. Such person shall
1501	maintain the exempt orconfidential statusconfidentiality of a
1502	any public recordrecords that is exempt or are confidential or
1503	exemptfrom the provisions of subsection (1) and shall be
1504	subject to the same penalties as the custodiancustodians of
1505	that recordthose public records for public disclosure of such
1506	recordviolating confidentiality.
1507	(7)(a) Any person or organization, including the
1508	Department of Children and Family Services, may petition the
1509	court for an order making public the records of the Department
1510	of Children and Family Services that pertain to investigations
1511	of alleged abuse, neglect, abandonment, or exploitation of a
1512	child or a vulnerable adult. The court shall determine if good
1513	cause exists for public access to the records sought or a
1514	portion thereof. In making this determination, the court shall
1515	balance the best interest of the vulnerable adult or child who
1516	is the focus of the investigation, and in the case of the child,
1517	the interest of that child's siblings, together with the privacy
1518	right of other persons identified in the reports against the
1519	public interest. The public interest in access to such records
1520	is reflected in s. 119.01(1), and includes the need for citizens
1521	to know of and adequately evaluate the actions of the Department
1522	of Children and Family Services and the court system in
1523	providing vulnerable adults and children of this state with the
1524	protections enumerated in ss. 39.001 and 415.101. However, this
1525	subsection does not contravene ss. 39.202 and 415.107, which
1526	protect the name of any person reporting the abuse, neglect, or
1527	exploitation of a child or a vulnerable adult.
1528	(b) In cases involving serious bodily injury to a child or
1529	a vulnerable adult, the Department of Children and Family
1530	Services may petition the court for an order for the immediate
1531	public release of records of the department which pertain to the
1532	protective investigation. The petition must be personally
1533	served upon the child or vulnerable adult, the child's parents
1534	or guardian, the legal guardian of that person, if any, and any
1535	person named as an alleged perpetrator in the report of abuse,
1536	neglect, abandonment, or exploitation. The court must determine
1537	if good cause exists for the public release of the records
1538	sought no later than 24 hours, excluding Saturdays, Sundays, and
1539	legal holidays, after the date the department filed the petition
1540	with the court. If the court has neither granted nor denied the
1541	petition within the 24-hour time period, the department may
1542	release to the public summary information including:
1543	1. A confirmation that an investigation has been conducted
1544	concerning the alleged victim.
1545	2. The dates and brief description of procedural
1546	activities undertaken during the department's investigation.
1547	3. The date of each judicial proceeding, a summary of each
1548	participant's recommendations made at the judicial proceedings,
1549	and the rulings of the court.
1550
1551	The summary information may not include the name of, or other
1552	identifying information with respect to, any person identified
1553	in any investigation. In making a determination to release
1554	confidential information, the court shall balance the best
1555	interests of the vulnerable adult or child who is the focus of
1556	the investigation and, in the case of the child, the interests
1557	of that child's siblings, together with the privacy rights of
1558	other persons identified in the reports against the public
1559	interest for access to public records. However, this paragraph
1560	does not contravene ss. 39.202 and 415.107, which protect the
1561	name of any person reporting abuse, neglect, or exploitation of
1562	a child or a vulnerable adult.
1563	(c) When the court determines that good cause for public
1564	access exists, the court shall direct that the department redact
1565	the name of and other identifying information with respect to
1566	any person identified in any protective investigation report
1567	until such time as the court finds that there is probable cause
1568	to believe that the person identified committed an act of
1569	alleged abuse, neglect, or abandonment.
1570	(9)(8)The provisions of this section are not intended to
1571	expand or limit the provisions of Rule 3.220, Florida Rules of
1572	Criminal Procedure, regarding the right and extent of discovery
1573	by the state or by a defendant in a criminal prosecution or in
1574	collateral postconviction proceedings. This section may not be
1575	used by any inmate as the basis for failing to timely litigate
1576	any postconviction action.
1577	Section 9. Section 119.08, Florida Statutes, is repealed.
1578	Section 10. Section 119.084, Florida Statutes, is amended
1579	to read:
1580	119.084 Definitions; copyright of data processing software
1581	created by governmental agencies; sale price and licensing fee;
1582	access to public records; prohibited contracts.--
1583	(1) As used in this section, the term:
1584	(a)"agency" has the same meaning as in s. 119.011(2),
1585	except that the term does not include any private agency,
1586	person, partnership, corporation, or business entity.
1587	(b) "Data processing software" means the programs and
1588	routines used to employ and control the capabilities of data
1589	processing hardware, including, but not limited to, operating
1590	systems, compilers, assemblers, utilities, library routines,
1591	maintenance routines, applications, and computer networking
1592	programs.
1593	(c) "Proprietary software" means data processing software
1594	that is protected by copyright or trade secret laws.
1595	(2) Any agency is authorized to acquire and hold
1596	copyrights for data processing software created by the agency
1597	and to enforce its rights pertaining to such copyrights,
1598	provided that the agency complies with the requirements of this
1599	section.
1600	(a) Any agency that has acquired a copyright for data
1601	processing software created by the agency may sell or license
1602	the copyrighted data processing software to any public agency or
1603	private person and may establish a price for the sale and a
1604	license fee for the use of such data processing software.
1605	Proceeds from the sale or licensing of copyrighted data
1606	processing software shall be deposited by the agency into a
1607	trust fund for the agency's appropriate use for authorized
1608	purposes. Counties, municipalities, and other political
1609	subdivisions of the state may designate how such sale and
1610	licensing proceeds are to be used. The price for the sale of
1611	and the fee for the licensing of copyrighted data processing
1612	software may be based on market considerations. However, the
1613	prices or fees for the sale or licensing of copyrighted data
1614	processing software to an individual or entity solely for
1615	application to information maintained or generated by the agency
1616	that created the copyrighted data processing software shall be
1617	determined pursuant to s. 119.07(4)(1).
1618	(b) The provisions of this subsection are supplemental to,
1619	and shall not supplant or repeal, any other provision of law
1620	that authorizes an agency to acquire and hold copyrights.
1621	(3) Subject to the restrictions of copyright and trade
1622	secret laws and public records exemptions, agency use of
1623	proprietary software must not diminish the right of the public
1624	to inspect and copy a public record.
1625	(4) An agency must consider when designing or acquiring an
1626	electronic recordkeeping system that such system is capable of
1627	providing data in some common format such as, but not limited
1628	to, the American Standard Code for Information Interchange.
1629	(5) Each agency that maintains a public record in an
1630	electronic recordkeeping system shall provide to any person,
1631	pursuant to this chapter, a copy of any public record in that
1632	system which is not exempted by law from public disclosure. An
1633	agency must provide a copy of the record in the medium requested
1634	if the agency maintains the record in that medium, and the
1635	agency may charge a fee which shall be in accordance with this
1636	chapter. For the purpose of satisfying a public records request,
1637	the fee to be charged by an agency if it elects to provide a
1638	copy of a public record in a medium not routinely used by the
1639	agency, or if it elects to compile information not routinely
1640	developed or maintained by the agency or that requires a
1641	substantial amount of manipulation or programming, must be in
1642	accordance with s. 119.07(1)(b).
1643	(6) An agency may not enter into a contract for the
1644	creation or maintenance of a public records database if that
1645	contract impairs the ability of the public to inspect or copy
1646	the public records of that agency, including public records that
1647	are on-line or stored in an electronic recordkeeping system used
1648	by the agency. Such contract may not allow any impediment that
1649	as a practical matter makes it more difficult for the public to
1650	inspect or copy the records than to inspect or copy the agency's
1651	records. The fees and costs for the production of such records
1652	may not be more than the fees or costs charged by the agency.
1653	(3)(7)This section is subject to the Open Government
1654	Sunset Review Act of 1995 in accordance with s. 119.15 and shall
1655	stand repealed on October 2, 2006, unless reviewed and saved
1656	from repeal through reenactment by the Legislature.
1657	Section 11. Sections 119.085 and 119.09, Florida Statutes,
1658	are repealed.
1659	Section 12. Section 119.10, Florida Statutes, is amended
1660	to read:
1661	119.10 Violation of chapter; penalties.--
1662	(1) Any public officer who violates any provision of this
1663	chapter is guilty of a noncriminal infraction, punishable by
1664	fine not exceeding $500.
1665	(2) Any person who willfully and knowingly violates:
1666	violating
1667	(a) Any of the provisions of this chapter commitsis
1668	guilty ofa misdemeanor of the first degree, punishable as
1669	provided in s. 775.082 or s. 775.083.
1670	(b)(3)SectionAny person who willfully and knowingly
1671	violates s.119.105 commits a felony of the third degree,
1672	punishable as provided in s. 775.082, s. 775.083, or s.775.084.
1673	Section 13. Section 119.105, Florida Statutes, is amended
1674	to read:
1675	119.105 Protection of victims of crimes or
1676	accidents.--Police reports are public records except as
1677	otherwise made exempt or confidential by general or special law.
1678	Every person is allowed to examine nonexempt or nonconfidential
1679	police reports. No person who inspects or copies police reports
1680	for the purpose of obtaining the names and addresses of the
1681	victims of crimes or accidents shall use any information
1682	contained therein for any commercial solicitation of the victims
1683	or relatives of the victims of the reported crimes or accidents.
1684	Nothing herein shall prohibit the publication of such
1685	information by any news media or the use of such information for
1686	any other data collection or analysis purposes.
1687	Section 14. Paragraph (a) of subsection (1) of section
1688	120.55, Florida Statutes, is amended to read:
1689	120.55 Publication.--
1690	(1) The Department of State shall:
1691	(a)1. Through a continuous revision system, compile and
1692	publish the "Florida Administrative Code." The Florida
1693	Administrative Code shall containPublish in a permanent
1694	compilation entitled "Florida Administrative Code"all rules
1695	adopted by each agency, citing the specific rulemaking authority
1696	pursuant to which each rule was adopted, all history notes as
1697	authorized in s. 120.545(9), and complete indexes to all rules
1698	contained in the code. Supplementation shall be made as often
1699	as practicable, but at least monthly. The department may
1700	contract with a publishing firm for the publication, in a timely
1701	and useful form, of the Florida Administrative Code; however,
1702	the department shall retain responsibility for the code as
1703	provided in this section. This publication shall be the
1704	official compilation of the administrative rules of this state.
1705	The Department of State shall retain the copyright over the
1706	Florida Administrative Code.
1707	2. Rules general in form but applicable to only one school
1708	district, community college district, or county, or a part
1709	thereof, or state university rules relating to internal
1710	personnel or business and finance shall not be published in the
1711	Florida Administrative Code. Exclusion from publication in the
1712	Florida Administrative Code shall not affect the validity or
1713	effectiveness of such rules.
1714	3. At the beginning of the section of the code dealing
1715	with an agency that files copies of its rules with the
1716	department, the department shall publish the address and
1717	telephone number of the executive offices of each agency, the
1718	manner by which the agency indexes its rules, a listing of all
1719	rules of that agency excluded from publication in the code, and
1720	a statement as to where those rules may be inspected.
1721	4. Forms shall not be published in the Florida
1722	Administrative Code; but any form which an agency uses in its
1723	dealings with the public, along with any accompanying
1724	instructions, shall be filed with the committee before it is
1725	used. Any form or instruction which meets the definition of
1726	"rule" provided in s. 120.52 shall be incorporated by reference
1727	into the appropriate rule. The reference shall specifically
1728	state that the form is being incorporated by reference and shall
1729	include the number, title, and effective date of the form and an
1730	explanation of how the form may be obtained.
1731	Section 15. Paragraph (b) of subsection (2) of section
1732	257.36, Florida Statutes, is amended to read:
1733	257.36 Records and information management.--
1734	(2)
1735	(b) Title to any record detained in any records center
1736	shall remain in the agency transferring such record to the
1737	division. When the Legislature transfers any duty or
1738	responsibility of an agency to another agency, the receiving
1739	agency shall be the custodian of public records with regard to
1740	the public records associated with that transferred duty or
1741	responsibility and shall be responsible for the records storage
1742	service charges of the division. If an agency is dissolved and
1743	the legislation dissolving that agency does not assign an
1744	existing agency as the custodian of public records for the
1745	dissolved agency's records, then the Cabinet is the custodian of
1746	public records for the dissolved agency, unless the Cabinet
1747	otherwise designates a custodian. The Cabinet or the agency
1748	designated by the Cabinet shall be responsible for the records
1749	storage service charges of the division.
1750	Section 16. Subsection (5) of section 328.15, Florida
1751	Statutes, is amended to read:
1752	328.15 Notice of lien on vessel; recording.--
1753	(5) The Department of Highway Safety and Motor Vehicles
1754	shall make such rules and regulations as it deems necessary or
1755	proper for the effective administration of this law. The
1756	department may by rule require that a notice of satisfaction of
1757	a lien be notarized. The department shall prepare the forms of
1758	the notice of lien and the satisfaction of lien to be supplied,
1759	at a charge not to exceed 50 percent more than cost, to
1760	applicants for recording the liens or satisfactions and shall
1761	keep a permanentrecord of such notices of lien and
1762	satisfactions available for inspection by the public at all
1763	reasonable times. The division is authorized to furnish
1764	certified copies of such satisfactions for a fee of $1, which
1765	certified copies shall be admissible in evidence in all courts
1766	of this state under the same conditions and to the same effect
1767	as certified copies of other public records.
1768	Section 17. Subsection (4) of section 372.5717, Florida
1769	Statutes, is amended to read:
1770	372.5717 Hunter safety course; requirements; penalty.--
1771	(4) The commission shall issue a permanent hunter safety
1772	certification card to each person who successfully completes the
1773	hunter safety course. The commission shall maintain permanent
1774	records of hunter safety certification cards issued and shall
1775	establish procedures for replacing lost or destroyed cards.
1776	Section 18. Section 415.1071, Florida Statutes, is created
1777	to read:
1778	415.1071 Release of confidential information.--
1779	(1) Any person or organization, including the Department
1780	of Children and Family Services, may petition the court for an
1781	order making public the records of the Department of Children
1782	and Family Services that pertain to investigations of alleged
1783	abuse, neglect, or exploitation of a vulnerable adult. The court
1784	shall determine whether good cause exists for public access to
1785	the records sought or a portion thereof. In making this
1786	determination, the court shall balance the best interest of the
1787	vulnerable adult who is the focus of the investigation, together
1788	with the privacy right of other persons identified in the
1789	reports, against the public interest. The public interest in
1790	access to such records is reflected in s. 119.01(1) and includes
1791	the need for citizens to know of and adequately evaluate the
1792	actions of the Department of Children and Family Services and
1793	the court system in providing vulnerable adults of this state
1794	with the protections enumerated in s. 415.101. However, this
1795	subsection does not contravene s. 415.107, which protects the
1796	name of any person reporting the abuse, neglect, or exploitation
1797	of a vulnerable adult.
1798	(2) In cases involving serious bodily injury to a
1799	vulnerable adult, the Department of Children and Family Services
1800	may petition the court for an order for the immediate public
1801	release of records of the department which pertain to the
1802	protective investigation. The petition must be personally served
1803	upon the vulnerable adult, the legal guardian of that person, if
1804	any, and any person named as an alleged perpetrator in the
1805	report of abuse, neglect, or exploitation. The court must
1806	determine whether good cause exists for the public release of
1807	the records sought no later than 24 hours, excluding Saturdays,
1808	Sundays, and legal holidays, after the date the department filed
1809	the petition with the court. If the court has neither granted
1810	nor denied the petition within the 24-hour time period, the
1811	department may release to the public summary information
1812	including:
1813	(a) A confirmation that an investigation has been
1814	conducted concerning the alleged victim.
1815	(b) The dates and brief description of procedural
1816	activities undertaken during the department's investigation.
1817	(c) The date of each judicial proceeding, a summary of
1818	each participant's recommendations made at the judicial
1819	proceeding, and the ruling of the court.
1820
1821	The summary information may not include the name of, or other
1822	identifying information with respect to, any person identified
1823	in any investigation. In making a determination to release
1824	confidential information, the court shall balance the best
1825	interests of the vulnerable adult who is the focus of the
1826	investigation, together with the privacy rights of other persons
1827	identified in the reports, against the public interest for
1828	access to public records. However, this subsection does not
1829	contravene s. 415.107, which protects the name of any person
1830	reporting abuse, neglect, or exploitation of a vulnerable adult.
1831	(3) When the court determines that good cause for public
1832	access exists, the court shall direct that the department redact
1833	the name of and other identifying information with respect to
1834	any person identified in any protective investigation report
1835	until such time as the court finds that there is probable cause
1836	to believe that the person identified committed an act of
1837	alleged abuse, neglect, or exploitation.
1838	Section 19. Subsection (2) of section 560.121, Florida
1839	Statutes, is amended to read:
1840	560.121 Records; limited restrictions upon public
1841	access.--
1842	(2) Examination reports, investigatory records,
1843	applications, and related information compiled by the
1844	department, or photographic copies thereof, shall be retained by
1845	the department for a period of at least 310 years from the date
1846	that the examination or investigation ceases to be active.
1847	Application records and related information compiled by the
1848	department, or photographic copies thereof, shall be retained by
1849	the department for a period of at least 2 years from the date
1850	that the registration ceases to be active.
1851	Section 20. Subsection (6) of section 560.123, Florida
1852	Statutes, is amended to read:
1853	560.123 Florida control of money laundering in the Money
1854	Transmitters' Code; reports of transactions involving currency
1855	or monetary instruments; when required; purpose; definitions;
1856	penalties; corpus delicti.--
1857	(6) The department must retain a copy of all reports
1858	received under subsection (5) for a minimum of 35calendar
1859	years after receipt of the report. However, if a report or
1860	information contained in a report is known by the department to
1861	be the subject of an existing criminal proceeding, the report
1862	must be retained for a minimum of 10 calendar years from the
1863	date of receipt.
1864	Section 21. Subsection (5) of section 560.129, Florida
1865	Statutes, is amended to read:
1866	560.129 Confidentiality.--
1867	(5) Examination reports, investigatory records,
1868	applications, and related information compiled by the
1869	department, or photographic copies thereof, shall be retained by
1870	the department for a period of at least 310 years from the date
1871	that the examination or investigation ceases to be active.
1872	Application records and related information compiled by the
1873	department, or photographic copies thereof, shall be retained by
1874	the department for a period of at least 2 years from the date
1875	that the registration ceases to be active.
1876	Section 22. Subsection (3) of section 624.311, Florida
1877	Statutes, is amended to read:
1878	624.311 Records; reproductions; destruction.--
1879	(3) The department may photograph, microphotograph, or
1880	reproduce on film, or maintain in an electronic recordkeeping
1881	systemwhereby each page will be reproduced in exact conformity
1882	with the original, all financial records, financial statements
1883	of domestic insurers, reports of business transacted in this
1884	state by foreign insurers and alien insurers, reports of
1885	examination of domestic insurers, and such other records and
1886	documents on file in its office as it may in its discretion
1887	select.
1888	Section 23. Subsection (1) of section 624.312, Florida
1889	Statutes, is amended to read:
1890	624.312 Reproductions and certified copies of records as
1891	evidence.--
1892	(1) Photographs or microphotographs in the form of film or
1893	prints, or other reproductions from an electronic recordkeeping
1894	system,of documents and records made under s. 624.311(3), or
1895	made under former s. 624.311(3) before October 1, 1982, shall
1896	have the same force and effect as the originals thereof and
1897	shall be treated as originals for the purpose of their
1898	admissibility in evidence. Duly certified or authenticated
1899	reproductions of such photographs or microphotographs or
1900	reproductions from an electronic recordkeeping systemshall be
1901	as admissible in evidence as the originals.
1902	Section 24. Subsection (2) of section 633.527, Florida
1903	Statutes, is amended to read:
1904	633.527 Records concerning applicant; extent of
1905	confidentiality.--
1906	(2) All examination test questions, answer sheets, and
1907	grades shall be retained for a period of 25years from the date
1908	of the examination.
1909	Section 25. Subsection (8) of section 655.50, Florida
1910	Statutes, is amended to read:
1911	655.50 Florida Control of Money Laundering in Financial
1912	Institutions Act; reports of transactions involving currency or
1913	monetary instruments; when required; purpose; definitions;
1914	penalties.--
1915	(8)(a) The department shall retain a copy of all reports
1916	received under subsection (4) for a minimum of 5 calendar years
1917	after receipt of the report. However, if a report or
1918	information contained in a report is known by the department to
1919	be the subject of an existing criminal proceeding, the report
1920	shall be retained for a minimum of 10 calendar years after
1921	receipt of the report.
1922	(a)(b)Each financial institution shall maintain for a
1923	minimum of 5 calendar years full and complete records of all
1924	financial transactions, including all records required by 31
1925	C.F.R. parts 103.33 and 103.34.
1926	(b)(c)The financial institution shall retain a copy of
1927	all reports filed with the department under subsection (4) for a
1928	minimum of 5 calendar years after submission of the report.
1929	However, if a report or information contained in a report is
1930	known by the financial institution to be the subject of an
1931	existing criminal proceeding, the report shall be retained for a
1932	minimum of 10 calendar years after submission of the report.
1933	(c)(d)The financial institution shall retain a copy of
1934	all records of exemption for each designation of exempt person
1935	made pursuant to subsection (6) for a minimum of 5 calendar
1936	years after termination of exempt status of such customer.
1937	However, if it is known by the financial institution that the
1938	customer or the transactions of the customer are the subject of
1939	an existing criminal proceeding, the records shall be retained
1940	for a minimum of 10 calendar years after termination of exempt
1941	status of such customer.
1942	Section 26. Section 945.25, Florida Statutes, is amended
1943	to read:
1944	945.25 Records.--
1945	(1) It shall be the duty of the Department of Corrections
1946	to obtain and place in its permanentrecords information as
1947	complete as practicablemay be practicably availableon every
1948	person who may be sentenced to supervision or incarceration
1949	under the jurisdiction of the departmentbecome subject to
1950	parole. Such information shall be obtained as soon as possible
1951	after imposition of sentence and shall, in the discretion of the
1952	department, include, among other things:
1953	(a) A copy of the indictment or information and a complete
1954	statement of the facts of the crime for which such person has
1955	been sentenced.
1956	(b) The court in which the person was sentenced.
1957	(c) The terms of the sentence.
1958	(d) The name of the presiding judge, the prosecuting
1959	officers, the investigating officers, and the attorneys for the
1960	person convicted.
1961	(e) A copy of all probation reports which may have been
1962	made.
1963	(f) Any social, physical, mental, psychiatric, or criminal
1964	record of such person.
1965	(2) The department, in its discretion, shall also obtain
1966	and place in its permanent records such information on every
1967	person who may be placed on probation, and on every person who
1968	may become subject to pardon and commutation of sentence.
1969	(3)It shall be the duty of the court and its prosecuting
1970	officials to furnish to the department upon its request such
1971	information and also to furnish such copies of such minutes and
1972	other records as may be in their possession or under their
1973	control.
1974	(3)(4)Following the initial hearing provided for in s.
1975	947.172(1), the commission shall prepare and the department
1976	shall include in the official record a copy of the seriousness-
1977	of-offense and favorable-parole-outcome scores and shall include
1978	a listing of the specific factors and information used in
1979	establishing a presumptive parole release date for the inmate.
1980	Section 27. Paragraph (e) of subsection (4) of section
1981	985.31, Florida Statutes, is amended to read:
1982	985.31 Serious or habitual juvenile offender.--
1983	(4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
1984	(e) The results of any serologic blood or urine test on a
1985	serious or habitual juvenile offender shall become a part of
1986	that child's permanentmedical file. Upon transfer of the child
1987	to any other designated treatment facility, such file shall be
1988	transferred in an envelope marked confidential. The results of
1989	any test designed to identify the human immunodeficiency virus,
1990	or its antigen or antibody, shall be accessible only to persons
1991	designated by rule of the department. The provisions of such
1992	rule shall be consistent with the guidelines established by the
1993	Centers for Disease Control and Prevention.
1994	Section 28. Paragraph (d) of subsection (6) of section
1995	212.095, Florida Statutes, is amended to read:
1996	212.095 Refunds.--
1997	(6)
1998	(d) The department shall keep a permanent record of the
1999	amount of refund claimed and paid to each claimant. Such records
2000	shall be open to public inspection.
2001	Section 29. Subsection (9) of section 238.03, Florida
2002	Statutes, is amended to read:
2003	238.03 Administration.--
2004	(9) The department is authorized to photograph and reduce
2005	to microfilm as a permanent record, its ledger sheets showing
2006	the salary and contributions of members of the retirement
2007	system, also the records of deceased members of the system and
2008	thereupon to destroy the documents from which such films are
2009	photographed.
2010	Section 30. Paragraph (a) of subsection (5) of section
2011	15.09, Florida Statutes, is amended to read:
2012	15.09 Fees.--
2013	(5)(a) There is created within the Department of State a
2014	Public Access Data Systems Trust Fund, which shall be used by
2015	the department to purchase information systems and equipment
2016	that provide greater public accessibility to the information and
2017	records maintained by it. Notwithstanding any other provision of
2018	law, the Divisions of Licensing, Elections, and Corporations of
2019	the department shall transfer each fiscal year to the Public
2020	Access Data Systems Trust Fund from their respective trust
2021	funds:
2022	1. An amount equal to 2 percent of all revenues received
2023	for the processing of documents, filings, or information
2024	requests.
2025	2. All public access network revenues collected pursuant
2026	to s. 15.16 or s. 119.01(2)(f)119.085.
2027	Section 31. Paragraph (f) of subsection (1) of section
2028	23.22, Florida Statutes, is amended to read:
2029	23.22 Paperwork reduction; activities of departments.--
2030	(1) In order to reduce the amount of paperwork associated
2031	with the collection of information from individuals, private-
2032	sector organizations, and local governments and to provide more
2033	efficient and effective assistance to such individuals and
2034	organizations in completing necessary paperwork required by the
2035	government, each department head shall, to the extent feasible:
2036	(f) Collaborate with the Division of Library and
2037	Information Services, pursuant to s. 119.021(2)(d)119.09, to
2038	identify and index records retention requirements placed on
2039	private-sector organizations and local governments in Florida,
2040	clarify and reduce the requirements, and educate the affected
2041	entities through various communications media, including voice,
2042	data, video, radio, and image.
2043	Section 32. Paragraph (d) of subsection (1) of section
2044	101.5607, Florida Statutes, is amended to read:
2045	101.5607 Department of State to maintain voting system
2046	information; prepare software.--
2047	(1)
2048	(d) Section 119.07(6)(3)(o) applies to all software on
2049	file with the Department of State.
2050	Section 33. Paragraph (b) of subsection (2) of section
2051	112.533, Florida Statutes, is amended to read:
2052	112.533 Receipt and processing of complaints.--
2053	(2)
2054	(b) This subsection does not apply to any public record
2055	which is exempt from public disclosure pursuant to s.
2056	119.07(6)(3). For the purposes of this subsection, an
2057	investigation shall be considered active as long as it is
2058	continuing with a reasonable, good faith anticipation that an
2059	administrative finding will be made in the foreseeable future.
2060	An investigation shall be presumed to be inactive if no finding
2061	is made within 45 days after the complaint is filed.
2062	Section 34. Paragraph (e) of subsection (2) of section
2063	1012.31, Florida Statutes, is amended to read:
2064	1012.31 Personnel files.--Public school system employee
2065	personnel files shall be maintained according to the following
2066	provisions:
2067	(2)
2068	(e) Upon request, an employee, or any person designated in
2069	writing by the employee, shall be permitted to examine the
2070	personnel file of such employee. The employee shall be
2071	permitted conveniently to reproduce any materials in the file,
2072	at a cost no greater than the fees prescribed in s.
2073	119.07(4)(1).
2074	Section 35. Subsection (1) of section 257.34, Florida
2075	Statutes, is amended to read:
2076	257.34 Florida International Archive and Repository.--
2077	(1) There is created within the Division of Library and
2078	Information Services of the Department of State the Florida
2079	International Archive and Repository for the preservation of
2080	those public records, as defined in s. 119.011(11)(1),
2081	manuscripts, international judgments involving disputes between
2082	domestic and foreign businesses, and all other public matters
2083	that the department or the Florida Council of International
2084	Development deems relevant to international issues. It is the
2085	duty and responsibility of the division to:
2086	(a) Organize and administer the Florida International
2087	Archive and Repository.
2088	(b) Preserve and administer records that are transferred
2089	to its custody; accept, arrange, and preserve them, according to
2090	approved archival and repository practices; and permit them, at
2091	reasonable times and under the supervision of the division, to
2092	be inspected, examined, and copied. All public records
2093	transferred to the custody of the division are subject to the
2094	provisions of s. 119.07(1).
2095	(c) Assist the records and information management program
2096	in the determination of retention values for records.
2097	(d) Cooperate with and assist, insofar as practicable,
2098	state institutions, departments, agencies, counties,
2099	municipalities, and individuals engaged in internationally
2100	related activities.
2101	(e) Provide a public research room where, under rules
2102	established by the division, the materials in the international
2103	archive and repository may be studied.
2104	(f) Conduct, promote, and encourage research in
2105	international trade, government, and culture and maintain a
2106	program of information, assistance, coordination, and guidance
2107	for public officials, educational institutions, libraries, the
2108	scholarly community, and the general public engaged in such
2109	research.
2110	(g) Cooperate with and, insofar as practicable, assist
2111	agencies, libraries, institutions, and individuals in projects
2112	concerned with internationally related issues and preserve
2113	original materials relating to internationally related issues.
2114	(h) Assist and cooperate with the records and information
2115	management program in the training and information program
2116	described in s. 257.36(1)(g).
2117	Section 36. Subsection (1) of section 257.35, Florida
2118	Statutes, is amended to read:
2119	257.35 Florida State Archives.--
2120	(1) There is created within the Division of Library and
2121	Information Services of the Department of State the Florida
2122	State Archives for the preservation of those public records, as
2123	defined in s. 119.011(11)(1), manuscripts, and other archival
2124	material that have been determined by the division to have
2125	sufficient historical or other value to warrant their continued
2126	preservation and have been accepted by the division for deposit
2127	in its custody. It is the duty and responsibility of the
2128	division to:
2129	(a) Organize and administer the Florida State Archives.
2130	(b) Preserve and administer such records as shall be
2131	transferred to its custody; accept, arrange, and preserve them,
2132	according to approved archival practices; and permit them, at
2133	reasonable times and under the supervision of the division, to
2134	be inspected, examined, and copied. All public records
2135	transferred to the custody of the division shall be subject to
2136	the provisions of s. 119.07(1), except that any public record or
2137	other record provided by law to be confidential or prohibited
2138	from inspection by the public shall be made accessible only
2139	after a period of 50 years from the date of the creation of the
2140	record. Any nonpublic manuscript or other archival material
2141	which is placed in the keeping of the division under special
2142	terms and conditions, shall be made accessible only in
2143	accordance with such law terms and conditions and shall be
2144	exempt from the provisions of s. 119.07(1) to the extent
2145	necessary to meet the terms and conditions for a nonpublic
2146	manuscript or other archival material.
2147	(c) Assist the records and information management program
2148	in the determination of retention values for records.
2149	(d) Cooperate with and assist insofar as practicable state
2150	institutions, departments, agencies, counties, municipalities,
2151	and individuals engaged in activities in the field of state
2152	archives, manuscripts, and history and accept from any person
2153	any paper, book, record, or similar material which in the
2154	judgment of the division warrants preservation in the state
2155	archives.
2156	(e) Provide a public research room where, under rules
2157	established by the division, the materials in the state archives
2158	may be studied.
2159	(f) Conduct, promote, and encourage research in Florida
2160	history, government, and culture and maintain a program of
2161	information, assistance, coordination, and guidance for public
2162	officials, educational institutions, libraries, the scholarly
2163	community, and the general public engaged in such research.
2164	(g) Cooperate with and, insofar as practicable, assist
2165	agencies, libraries, institutions, and individuals in projects
2166	designed to preserve original source materials relating to
2167	Florida history, government, and culture and prepare and publish
2168	handbooks, guides, indexes, and other literature directed toward
2169	encouraging the preservation and use of the state's documentary
2170	resources.
2171	(h) Encourage and initiate efforts to preserve, collect,
2172	process, transcribe, index, and research the oral history of
2173	Florida government.
2174	(i) Assist and cooperate with the records and information
2175	management program in the training and information program
2176	described in s. 257.36(1)(g).
2177	Section 37. Section 282.21, Florida Statutes, is amended
2178	to read:
2179	282.21 The State Technology Office's electronic access
2180	services.--The State Technology Office may collect fees for
2181	providing remote electronic access pursuant to s. 119.01(2)(f)
2182	119.085. The fees may be imposed on individual transactions or
2183	as a fixed subscription for a designated period of time. All
2184	fees collected under this section shall be deposited in the
2185	appropriate trust fund of the program or activity that made the
2186	remote electronic access available.
2187	Section 38. Paragraph (h) of subsection (2) of section
2188	287.0943, Florida Statutes, is amended to read:
2189	287.0943 Certification of minority business enterprises.--
2190	(2)
2191	(h) The certification procedures should allow an applicant
2192	seeking certification to designate on the application form the
2193	information the applicant considers to be proprietary,
2194	confidential business information. As used in this paragraph,
2195	"proprietary, confidential business information" includes, but
2196	is not limited to, any information that would be exempt from
2197	public inspection pursuant to the provisions of s. 119.07(6)(3);
2198	trade secrets; internal auditing controls and reports; contract
2199	costs; or other information the disclosure of which would injure
2200	the affected party in the marketplace or otherwise violate s.
2201	286.041. The executor in receipt of the application shall issue
2202	written and final notice of any information for which
2203	noninspection is requested but not provided for by law.
2204	Section 39. Subsection (1) of section 320.05, Florida
2205	Statutes, is amended to read:
2206	320.05 Records of the department; inspection procedure;
2207	lists and searches; fees.--
2208	(1) Except as provided in ss. 119.07(6)(3)and 320.025(3),
2209	the department may release records as provided in this section.
2210	Section 40. Subsection (8) of section 322.20, Florida
2211	Statutes, is amended to read:
2212	322.20 Records of the department; fees; destruction of
2213	records.--
2214	(8) Except as provided in s. 119.07(6)(3), the department
2215	may release records as provided in this section.
2216	Section 41. Paragraph (b) of subsection (2) of section
2217	338.223, Florida Statutes, is amended to read:
2218	338.223 Proposed turnpike projects.--
2219	(2)
2220	(b) In accordance with the legislative intent expressed in
2221	s. 337.273, and after the requirements of paragraph(1)(c) have
2222	been met, the department may acquire lands and property before
2223	making a final determination of the economic feasibility of a
2224	project. The requirements of paragraph (1)(c) do not apply to
2225	hardship and protective purchases of advance right-of-way by
2226	the department. The cost of advance acquisition of right-of-way
2227	may be paid from bonds issued under s. 337.276 or from turnpike
2228	revenues. For purposes of this paragraph, the term "hardship
2229	purchase" means purchase from a property owner of a residential
2230	dwelling of not more than four units who is at a disadvantage
2231	due to health impairment, job loss, or significant loss of
2232	rental income. For purposes of this paragraph, the term
2233	"protective purchase" means that a purchase to limit
2234	development, building, or other intensification of land uses
2235	within the area right-of-way is needed for transportation
2236	facilities. The department shall give written notice to the
2237	Department of Environmental Protection 30 days before final
2238	agency acceptance as set forth in s. 119.07(6)(3)(n), which
2239	notice shall allow the Department of Environmental Protection to
2240	comment. Hardship and protective purchases of right-of-way
2241	shall not influence the environmental feasibility of a project,
2242	including the decision relative to the need to construct the
2243	project or the selection of a specific location. Costs to
2244	acquire and dispose of property acquired as hardship and
2245	protective purchases are considered costs of doing business for
2246	the department and are not to be considered in the determination
2247	of environmental feasibility for the project.
2248	Section 42. Paragraph (a) of subsection (1) of section
2249	378.406, Florida Statutes, is amended to read:
2250	378.406 Confidentiality of records; availability of
2251	information.--
2252	(1)(a) Any information relating to prospecting, rock
2253	grades, or secret processes or methods of operation which may be
2254	required, ascertained, or discovered by inspection or
2255	investigation shall be exempt from the provisions of s.
2256	119.07(1), shall not be disclosed in public hearings, and shall
2257	be kept confidential by any member, officer, or employee of the
2258	department, if the applicant requests the department to keep
2259	such information confidential and informs the department of the
2260	basis for such confidentiality. Should the secretary determine
2261	that such information requested to be kept confidential shall
2262	not be kept confidential, the secretary shall provide the
2263	operator with not less than 30 days' notice of his or her intent
2264	to release the information. When making his or her
2265	determination, the secretary shall consider the public purposes
2266	specified in s. 119.15 119.14(4)(b).
2267	Section 43. Paragraph (c) of subsection (1) of section
2268	400.0077, Florida Statutes, is amended to read:
2269	400.0077 Confidentiality.--
2270	(1) The following are confidential and exempt from the
2271	provisions of s. 119.07(1):
2272	(c) Any other information about a complaint, including any
2273	problem identified by an ombudsman council as a result of an
2274	investigation, unless an ombudsman council determines that the
2275	information does not meet any of the criteria specified in s.
2276	119.15119.14(4)(b);or unless the information is to collect
2277	data for submission to those entities specified in s. 712(c) of
2278	the federal Older Americans Act for the purpose of identifying
2279	and resolving significant problems.
2280	Section 44. Subsection (5) of section 401.27, Florida
2281	Statutes, is amended to read:
2282	401.27 Personnel; standards and certification.--
2283	(5) The certification examination must be offered monthly.
2284	The department shall issue an examination admission notice to
2285	the applicant advising him or her of the time and place of the
2286	examination for which he or she is scheduled. Individuals
2287	achieving a passing score on the certification examination may
2288	be issued a temporary certificate with their examination grade
2289	report. The department must issue an original certification
2290	within 45 days after the examination. Examination questions and
2291	answers are not subject to discovery but may be introduced into
2292	evidence and considered only in camera in any administrative
2293	proceeding under chapter 120. If an administrative hearing is
2294	held, the department shall provide challenged examination
2295	questions and answers to the administrative law judge. The
2296	department shall establish by rule the procedure by which an
2297	applicant, and the applicant's attorney, may review examination
2298	questions and answers in accordance with s. 119.07(6)(3)(a).
2299	Section 45. Subsection (1) of section 403.111, Florida
2300	Statutes, is amended to read:
2301	403.111 Confidential records.--
2302	(1) Any information, other than effluent data and those
2303	records described in 42 U.S.C. s. 7661a(b)(8), relating to
2304	secret processes or secret methods of manufacture or production,
2305	or relating to costs of production, profits, or other financial
2306	information which is otherwise not public record, which may be
2307	required, ascertained, or discovered by inspection or
2308	investigation shall be exempt from the provisions of s.
2309	119.07(1), shall not be disclosed in public hearings, and shall
2310	be kept confidential by any member, officer, or employee of the
2311	department, upon a showing satisfactory to the department that
2312	the information should be kept confidential. The person from
2313	whom the information is obtained must request that the
2314	department keep such information confidential and must inform
2315	the department of the basis for the claim of confidentiality.
2316	The department shall, subject to notice and opportunity for
2317	hearing, determine whether the information requested to be kept
2318	confidential should or should not be kept confidential. The
2319	department shall determine whether the information submitted
2320	should be kept confidential pursuant to the public purpose test
2321	as stated in s. 119.15119.14(4)(b)3.
2322	Section 46. Section 409.2577, Florida Statutes, is
2323	amended to read:
2324	409.2577 Parent locator service.--The department shall
2325	establish a parent locator service to assist in locating parents
2326	who have deserted their children and other persons liable for
2327	support of dependent children. The department shall use all
2328	sources of information available, including the Federal Parent
2329	Locator Service, and may request and shall receive information
2330	from the records of any person or the state or any of its
2331	political subdivisions or any officer thereof. Any agency as
2332	defined in s. 120.52, any political subdivision, and any other
2333	person shall, upon request, provide the department any
2334	information relating to location, salary, insurance, social
2335	security, income tax, and employment history necessary to locate
2336	parents who owe or potentially owe a duty of support pursuant to
2337	Title IV-D of the Social Security Act. This provision shall
2338	expressly take precedence over any other statutory nondisclosure
2339	provision which limits the ability of an agency to disclose such
2340	information, except that law enforcement information as provided
2341	in s. 119.07(6)(3)(i) is not required to be disclosed, and
2342	except that confidential taxpayer information possessed by the
2343	Department of Revenue shall be disclosed only to the extent
2344	authorized in s. 213.053(15). Nothing in this section requires
2345	the disclosure of information if such disclosure is prohibited
2346	by federal law. Information gathered or used by the parent
2347	locator service is confidential and exempt from the provisions
2348	of s. 119.07(1). Additionally, the department is authorized to
2349	collect any additional information directly bearing on the
2350	identity and whereabouts of a person owing or asserted to be
2351	owing an obligation of support for a dependent child. The
2352	department shall, upon request, make information available only
2353	to public officials and agencies of this state; political
2354	subdivisions of this state, including any agency thereof
2355	providing child support enforcement services to non-Title IV-D
2356	clients; the custodial parent, legal guardian, attorney, or
2357	agent of the child; and other states seeking to locate parents
2358	who have deserted their children and other persons liable for
2359	support of dependents, for the sole purpose of establishing,
2360	modifying, or enforcing their liability for support, and shall
2361	make such information available to the Department of Children
2362	and Family Services for the purpose of diligent search
2363	activities pursuant to chapter 39. If the department has
2364	reasonable evidence of domestic violence or child abuse and the
2365	disclosure of information could be harmful to the custodial
2366	parent or the child of such parent, the child support program
2367	director or designee shall notify the Department of Children and
2368	Family Services and the Secretary of the United States
2369	Department of Health and Human Services of this evidence. Such
2370	evidence is sufficient grounds for the department to disapprove
2371	an application for location services.
2372	Section 47. Subsection (6) of section 455.219, Florida
2373	Statutes, is amended to read:
2374	455.219 Fees; receipts; disposition; periodic management
2375	reports.--
2376	(6) The department or the appropriate board shall charge a
2377	fee not to exceed $25 for the certification of a public record.
2378	The fee shall be determined by rule of the department. The
2379	department or the appropriate board shall assess a fee for
2380	duplication of a public record as provided in s. 119.07(4)(1)(a)
2381	and (b).
2382	Section 48. Subsection (11) of section 456.025, Florida
2383	Statutes, is amended to read:
2384	456.025 Fees; receipts; disposition.--
2385	(11) The department or the appropriate board shall charge
2386	a fee not to exceed $25 for the certification of a public
2387	record. The fee shall be determined by rule of the department.
2388	The department or the appropriate board shall assess a fee for
2389	duplicating a public record as provided in s. 119.07(4)(1)(a)
2390	and(b).
2391	Section 49. Paragraph (l) of subsection (3) of section
2392	627.311, Florida Statutes, is amended to read:
2393	627.311 Joint underwriters and joint reinsurers.--
2394	(3) The department may, after consultation with insurers
2395	licensed to write automobile insurance in this state, approve a
2396	joint underwriting plan for purposes of equitable apportionment
2397	or sharing among insurers of automobile liability insurance and
2398	other motor vehicle insurance, as an alternate to the plan
2399	required in s. 627.351(1). All insurers authorized to write
2400	automobile insurance in this state shall subscribe to the plan
2401	and participate therein. The plan shall be subject to
2402	continuous review by the department which may at any time
2403	disapprove the entire plan or any part thereof if it determines
2404	that conditions have changed since prior approval and that in
2405	view of the purposes of the plan changes are warranted. Any
2406	disapproval by the department shall be subject to the provisions
2407	of chapter 120. If adopted, the plan and the association created
2408	under the plan:
2409	(l)1. Shall be subject to the public records requirements
2410	of chapter 119 and the public meeting requirements of s.
2411	286.011. However, the following records of the Florida
2412	Automobile Joint Underwriting Association are confidential and
2413	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2414	Constitution:
2415	a. Underwriting files, except that a policyholder or an
2416	applicant shall have access to his or her own underwriting
2417	files.
2418	b. Claims files, until termination of all litigation and
2419	settlement of all claims arising out of the same incident,
2420	although portions of the claims files may remain exempt, as
2421	otherwise provided by law. Confidential and exempt claims file
2422	records may be released to other governmental agencies upon
2423	written request and demonstration of need; such records held by
2424	the receiving agency remain confidential and exempt as provided
2425	by this paragraph.
2426	c. Records obtained or generated by an internal auditor
2427	pursuant to a routine audit, until the audit is completed or, if
2428	the audit is conducted as part of an investigation, until the
2429	investigation is closed or ceases to be active. An investigation
2430	is considered "active" while the investigation is being
2431	conducted with a reasonable, good faith belief that it could
2432	lead to the filing of administrative, civil, or criminal
2433	proceedings.
2434	d. Matters reasonably encompassed in privileged attorney-
2435	client communications.
2436	e. Proprietary information licensed to the association
2437	under contract when the contract provides for the
2438	confidentiality of such proprietary information.
2439	f. All information relating to the medical condition or
2440	medical status of an association employee which is not relevant
2441	to the employee's capacity to perform his or her duties, except
2442	as otherwise provided in this paragraph. Information which is
2443	exempt shall include, but is not limited to, information
2444	relating to workers' compensation, insurance benefits, and
2445	retirement or disability benefits.
2446	g. All records relative to an employee's participation in
2447	an employee assistance program designed to assist any employee
2448	who has a behavioral or medical disorder, substance abuse
2449	problem, or emotional difficulty which affects the employee's
2450	job performance, except as otherwise provided in s.
2451	112.0455(11).
2452	h. Information relating to negotiations for financing,
2453	reinsurance, depopulation, or contractual services, until the
2454	conclusion of the negotiations.
2455	i. Minutes of closed meetings regarding underwriting
2456	files, and minutes of closed meetings regarding an open claims
2457	file until termination of all litigation and settlement of all
2458	claims with regard to that claim, except that information
2459	otherwise confidential or exempt by law must be redacted. When
2460	an authorized insurer is considering underwriting a risk insured
2461	by the association, relevant underwriting files and confidential
2462	claims files may be released to the insurer provided the insurer
2463	agrees in writing, notarized and under oath, to maintain the
2464	confidentiality of such files. When a file is transferred to an
2465	insurer, that file is no longer a public record because it is
2466	not held by an agency subject to the provisions of the public
2467	records law. The association may make the following information
2468	obtained from underwriting files and confidential claims files
2469	available to licensed general lines insurance agents: name,
2470	address, and telephone number of the automobile owner or
2471	insured; location of the risk; rating information; loss history;
2472	and policy type. The receiving licensed general lines insurance
2473	agent must retain the confidentiality of the information
2474	received.
2475	2. Portions of meetings of the Florida Automobile Joint
2476	Underwriting Association during which confidential underwriting
2477	files or confidential open claims files are discussed are exempt
2478	from the provisions of s. 286.011 and s. 24(b), Art. I of the
2479	State Constitution. All portions of association meetings which
2480	are closed to the public shall be recorded by a court reporter.
2481	The court reporter shall record the times of commencement and
2482	termination of the meeting, all discussion and proceedings, the
2483	names of all persons present at any time, and the names of all
2484	persons speaking. No portion of any closed meeting shall be off
2485	the record. Subject to the provisions of this paragraph and s.
2486	119.07(1)(b)-(d)(2)(a), the court reporter's notes of any closed
2487	meeting shall be retained by the association for a minimum of 5
2488	years. A copy of the transcript, less any exempt matters, of
2489	any closed meeting during which claims are discussed shall
2490	become public as to individual claims after settlement of the
2491	claim.
2492
2493	This paragraph is subject to the Open Government Sunset Review
2494	Act of 1995 in accordance with s. 119.15, and shall stand
2495	repealed on October 2, 2003, unless reviewed and saved from
2496	repeal through reenactment by the Legislature.
2497	Section 50. Paragraph (n) of subsection (6) of section
2498	627.351, Florida Statutes, is amended to read:
2499	627.351 Insurance risk apportionment plans.--
2500	(6) CITIZENS PROPERTY INSURANCE CORPORATION.--
2501	(n)1. The following records of the corporation are
2502	confidential and exempt from the provisions of s. 119.07(1) and
2503	s. 24(a), Art. I of the State Constitution:
2504	a. Underwriting files, except that a policyholder or an
2505	applicant shall have access to his or her own underwriting
2506	files.
2507	b. Claims files, until termination of all litigation and
2508	settlement of all claims arising out of the same incident,
2509	although portions of the claims files may remain exempt, as
2510	otherwise provided by law. Confidential and exempt claims file
2511	records may be released to other governmental agencies upon
2512	written request and demonstration of need; such records held by
2513	the receiving agency remain confidential and exempt as provided
2514	for herein.
2515	c. Records obtained or generated by an internal auditor
2516	pursuant to a routine audit, until the audit is completed, or if
2517	the audit is conducted as part of an investigation, until the
2518	investigation is closed or ceases to be active. An investigation
2519	is considered "active" while the investigation is being
2520	conducted with a reasonable, good faith belief that it could
2521	lead to the filing of administrative, civil, or criminal
2522	proceedings.
2523	d. Matters reasonably encompassed in privileged attorney-
2524	client communications.
2525	e. Proprietary information licensed to the corporation
2526	under contract and the contract provides for the confidentiality
2527	of such proprietary information.
2528	f. All information relating to the medical condition or
2529	medical status of a corporation employee which is not relevant
2530	to the employee's capacity to perform his or her duties, except
2531	as otherwise provided in this paragraph. Information which is
2532	exempt shall include, but is not limited to, information
2533	relating to workers' compensation, insurance benefits, and
2534	retirement or disability benefits.
2535	g. Upon an employee's entrance into the employee
2536	assistance program, a program to assist any employee who has a
2537	behavioral or medical disorder, substance abuse problem, or
2538	emotional difficulty which affects the employee's job
2539	performance, all records relative to that participation shall be
2540	confidential and exempt from the provisions of s. 119.07(1) and
2541	s. 24(a), Art. I of the State Constitution, except as otherwise
2542	provided in s. 112.0455(11).
2543	h. Information relating to negotiations for financing,
2544	reinsurance, depopulation, or contractual services, until the
2545	conclusion of the negotiations.
2546	i. Minutes of closed meetings regarding underwriting
2547	files, and minutes of closed meetings regarding an open claims
2548	file until termination of all litigation and settlement of all
2549	claims with regard to that claim, except that information
2550	otherwise confidential or exempt by law will be redacted.
2551
2552	When an authorized insurer is considering underwriting a risk
2553	insured by the corporation, relevant underwriting files and
2554	confidential claims files may be released to the insurer
2555	provided the insurer agrees in writing, notarized and under
2556	oath, to maintain the confidentiality of such files. When a file
2557	is transferred to an insurer that file is no longer a public
2558	record because it is not held by an agency subject to the
2559	provisions of the public records law. Underwriting files and
2560	confidential claims files may also be released to staff of and
2561	the board of governors of the market assistance plan established
2562	pursuant to s. 627.3515, who must retain the confidentiality of
2563	such files, except such files may be released to authorized
2564	insurers that are considering assuming the risks to which the
2565	files apply, provided the insurer agrees in writing, notarized
2566	and under oath, to maintain the confidentiality of such files.
2567	Finally, the corporation or the board or staff of the market
2568	assistance plan may make the following information obtained from
2569	underwriting files and confidential claims files available to
2570	licensed general lines insurance agents: name, address, and
2571	telephone number of the residential property owner or insured;
2572	location of the risk; rating information; loss history; and
2573	policy type. The receiving licensed general lines insurance
2574	agent must retain the confidentiality of the information
2575	received.
2576	2. Portions of meetings of the corporation are exempt from
2577	the provisions of s. 286.011 and s. 24(b), Art. I of the State
2578	Constitution wherein confidential underwriting files or
2579	confidential open claims files are discussed. All portions of
2580	corporation meetings which are closed to the public shall be
2581	recorded by a court reporter. The court reporter shall record
2582	the times of commencement and termination of the meeting, all
2583	discussion and proceedings, the names of all persons present at
2584	any time, and the names of all persons speaking. No portion of
2585	any closed meeting shall be off the record. Subject to the
2586	provisions hereof and s. 119.07(1)(b)-(d)(2)(a), the court
2587	reporter's notes of any closed meeting shall be retained by the
2588	corporation for a minimum of 5 years. A copy of the transcript,
2589	less any exempt matters, of any closed meeting wherein claims
2590	are discussed shall become public as to individual claims after
2591	settlement of the claim.
2592	Section 51. Subsection (1) of section 633.527, Florida
2593	Statutes, is amended to read:
2594	633.527 Records concerning applicant; extent of
2595	confidentiality.--
2596	(1) Test material is made confidential by s.
2597	119.07(6)(3)(a). An applicant may waive in writing the
2598	confidentiality of his or her examination answer sheet for the
2599	purpose of discussion with the State Fire Marshal or his or her
2600	staff.
2601	Section 52. Paragraph (m) of subsection (2) of section
2602	668.50, Florida Statutes, is amended to read:
2603	668.50 Uniform Electronic Transaction Act.--
2604	(2) DEFINITIONS.--As used in this section:
2605	(m) "Record" means information that is inscribed on a
2606	tangible medium or that is stored in an electronic or other
2607	medium and is retrievable in perceivable form, including public
2608	records as defined in s. 119.011(11)(1).
2609	Section 53. Subsection (1) of section 794.024, Florida
2610	Statutes, is amended to read:
2611	794.024 Unlawful to disclose identifying information.--
2612	(1) A public employee or officer who has access to the
2613	photograph, name, or address of a person who is alleged to be
2614	the victim of an offense described in this chapter, chapter 800,
2615	s. 827.03, s. 827.04, or s. 827.071 may not willfully and
2616	knowingly disclose it to a person who is not assisting in the
2617	investigation or prosecution of the alleged offense or to any
2618	person other than the defendant, the defendant's attorney, a
2619	person specified in an order entered by the court having
2620	jurisdiction of the alleged offense, or toorganizations
2621	authorized to receive such information made exempt by s.
2622	119.07(6)(3)(f), or to a rape crisis center or sexual assault
2623	counselor, as defined in s. 90.5035(1)(b), who will be offering
2624	services to the victim.
2625	Section 54. For the purpose of incorporating the
2626	amendments to section 945.25, Florida Statutes, in a reference
2627	thereto, paragraph (a) of subsection (2) of section 947.13,
2628	Florida Statutes, is reenacted to read:
2629	947.13 Powers and duties of commission.--
2630	(2)(a) The commission shall immediately examine records of
2631	the department under s. 945.25, and any other records which it
2632	obtains, and may make such other investigations as may be
2633	necessary.
2634	Section 55. Section 430.015, Florida Statutes, is
2635	repealed.
2636	Section 56. Section 440.132, Florida Statutes, is amended
2637	to read:
2638	440.132 Investigatory records relating to workers'
2639	compensation managed care arrangements; confidentiality.--
2640	(1)All investigatory records of the Agency for Health
2641	Care Administration made or received pursuant to s. 440.134 and
2642	any examination records necessary to complete an investigation
2643	are confidential and exempt from the provisions of s. 119.07(1)
2644	and s. 24(a), Art. I of the State Constitution until the
2645	investigation is completed or ceases to be active, except that
2646	portions of medical records which specifically identify patients
2647	must remain confidential and exempt. An investigation is
2648	considered "active" while such investigation is being conducted
2649	by the agency with a reasonable, good faith belief that it may
2650	lead to the filing of administrative, civil, or criminal
2651	proceedings. An investigation does not cease to be active if the
2652	agency is proceeding with reasonable dispatch and there is good
2653	faith belief that action may be initiated by the agency or other
2654	administrative or law enforcement agency.
2655	(2) The Legislature finds that it is a public necessity
2656	that these investigatory and examination records be held
2657	confidential and exempt during an investigation in order not to
2658	compromise the investigation and disseminate potentially
2659	inaccurate information. To the extent this information is made
2660	available to the public, those persons being investigated will
2661	have access to such information which would potentially defeat
2662	the purpose of the investigation. This would impede the
2663	effective and efficient operation of investigatory governmental
2664	functions.
2665	Section 57. Section 723.0065, Florida Statutes, is
2666	repealed.
2667	Section 58. Section 768.301, Florida Statutes, is
2668	repealed.
2669	Section 59. Section 815.045, Florida Statutes, is
2670	repealed.
2671	Section 60. Paragraph (a) of subsection (7) of section
2672	943.031, Florida Statutes, is amended to read:
2673	943.031 Florida Violent Crime and Drug Control
2674	Council.--The Legislature finds that there is a need to develop
2675	and implement a statewide strategy to address violent criminal
2676	activity and drug control efforts by state and local law
2677	enforcement agencies, including investigations of illicit money
2678	laundering. In recognition of this need, the Florida Violent
2679	Crime and Drug Control Council is created within the department.
2680	The council shall serve in an advisory capacity to the
2681	department.
2682	(7) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL MEETINGS
2683	AND RECORDS.--
2684	(a)1.The Legislature finds that during limited portions
2685	of the meetings of the Florida Violent Crime and Drug Control
2686	Council it is necessary that the council be presented with and
2687	discuss details, information, and documents related to active
2688	criminal investigations or matters constituting active criminal
2689	intelligence, as those concepts are defined by s. 119.011. These
2690	presentations and discussions are necessary for the council to
2691	make its funding decisions as required by the Legislature. The
2692	Legislature finds that to reveal the contents of documents
2693	containing active criminal investigative or intelligence
2694	information or to allow active criminal investigative or active
2695	criminal intelligence matters to be discussed in a meeting open
2696	to the public negatively impacts the ability of law enforcement
2697	agencies to efficiently continue their investigative or
2698	intelligence gathering activities. The Legislature finds that
2699	information coming before the council that pertains to active
2700	criminal investigations or intelligence should remain
2701	confidential and exempt from public disclosure. The Legislature
2702	finds that the Florida Violent Crime and Drug Control Council
2703	may, by declaring only those portions of council meetings in
2704	which active criminal investigative or active criminal
2705	intelligence information is to be presented or discussed closed
2706	to the public, assure an appropriate balance between the policy
2707	of this state that meetings be public and the policy of this
2708	state to facilitate efficient law enforcement efforts.
2709	2. The Legislature finds that it is a public necessity
2710	that portions of the meetings of the Florida Violent Crime and
2711	Drug Control Council be closed when the confidential details,
2712	information, and documents related to active criminal
2713	investigations or matters constituting active criminal
2714	intelligence are discussed. The Legislature further finds that
2715	it is no less a public necessity that portions of public records
2716	generated at closed council meetings, such as tape recordings,
2717	minutes, and notes, memorializing the discussions regarding such
2718	confidential details, information, and documents related to
2719	active criminal investigations or matters constituting active
2720	criminal intelligence, also shall be held confidential.
2721	Section 61. This act shall take effect July 1, 2003.