Senate Bill sb2684
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    Florida Senate - 2003                                  SB 2684
    By Senator Wise
    5-1219A-03
  1                      A bill to be entitled
  2         An act relating to public records; amending s.
  3         18.20, F.S.; removing photographic film
  4         reproductions of specified vouchers or checks
  5         paid by the State Treasurer and preserved as
  6         records of the office of the Treasurer from
  7         classification as permanent records; creating
  8         s. 39.2021, F.S.; authorizing a petition for an
  9         order making public records pertaining to
10         certain investigations by the Department of
11         Children and Family Services; amending s.
12         119.01, F.S.; establishing state policy with
13         respect to public records; requiring
14         governmental agencies to consider certain
15         factors in designing or acquiring electronic
16         recordkeeping systems; providing certain
17         restrictions with respect to electronic
18         recordkeeping systems and proprietary software;
19         requiring governmental agencies to provide
20         copies of public records stored in electronic
21         recordkeeping systems; authorizing agencies to
22         charge a fee for such copies; specifying
23         circumstances under which the financial,
24         business, and membership records of an
25         organization are public records; amending s.
26         119.011, F.S.; providing definitions; repealing
27         ss. 119.0115, 119.012, and 119.02, F.S.,
28         relating to specified exemption for certain
29         videotapes and video signals, records made
30         public by the use of public funds, and
31         penalties for violation of public records
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    Florida Senate - 2003                                  SB 2684
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 1         requirements by a public officer; amending s.
 2         119.021, F.S.; providing requirements for
 3         governmental agencies in maintaining and
 4         preserving public records; requiring the
 5         Division of Library and Information Services of
 6         the Department of State to adopt rules for
 7         retaining and disposing of public records;
 8         authorizing the division to provide for
 9         archiving certain noncurrent records; providing
10         for the destruction of certain records and the
11         continued maintenance of certain records;
12         providing for the disposition of records at the
13         end of an official's term of office; requiring
14         that a custodian of public records demand
15         delivery of records held unlawfully; repealing
16         ss. 119.031, 119.041, 119.05, and 119.06, F.S.,
17         relating to the retention and disposal of
18         public records and the delivery of records held
19         unlawfully; amending s. 119.07, F.S.; revising
20         provisions governing the inspection and copying
21         of public records; establishing fees for
22         copying; providing requirements for making
23         photographs; authorizing additional means of
24         copying; repealing s. 119.08, F.S., relating to
25         requirements for making photographs of public
26         records; amending s. 119.084, F.S.; deleting
27         certain provisions governing the maintenance of
28         public records in an electronic recordkeeping
29         system; repealing ss. 119.085 and 119.09, F.S.,
30         relating to remote electronic access to public
31         records and the program for records and
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    Florida Senate - 2003                                  SB 2684
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 1         information management of the Department of
 2         State; amending s. 119.10, F.S.; clarifying
 3         provisions with respect to penalties for
 4         violations of ch. 119, F.S.; amending s.
 5         119.105, F.S.; clarifying provisions under
 6         which certain police reports may be exempt from
 7         the public records law; amending s. 120.55,
 8         F.S.; revising language with respect to
 9         publication of the Florida Administrative Code
10         to provide that the Department of State is
11         required to compile and publish the code
12         through a continuous revision system; amending
13         s. 257.36, F.S.; providing procedure with
14         respect to official custody of records upon
15         transfer of duties or responsibilities between
16         state agencies or dissolution of a state
17         agency; amending s. 328.15, F.S.; revising the
18         classification of records of notices and
19         satisfaction of liens on vessels maintained by
20         the Department of Highway Safety and Motor
21         Vehicles; amending s. 372.5717, F.S.; revising
22         the classification of records of hunter safety
23         certification cards maintained by the Fish and
24         Wildlife Conservation Commission; creating s.
25         415.1071, F.S.; authorizing a petition for an
26         order making public certain investigatory
27         records of the Department of Children and
28         Family Services; amending s. 560.121, F.S.;
29         decreasing and qualifying the period of
30         retention for examination reports,
31         investigatory records, applications,
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 1         application records, and related information
 2         compiled by the Department of Banking and
 3         Finance under the Money Transmitters' Code;
 4         amending s. 560.123, F.S.; decreasing the
 5         period of retention for specified reports filed
 6         by money transmitters with the Department of
 7         Banking and Finance under the Money
 8         Transmitters' Code; amending s. 560.129, F.S.;
 9         decreasing and qualifying the period of
10         retention for examination reports,
11         investigatory records, applications,
12         application records, and related information
13         compiled by the Department of Banking and
14         Finance under the Money Transmitters' Code;
15         amending s. 624.311, F.S.; authorizing the
16         Department of Insurance to maintain an
17         electronic recordkeeping system for specified
18         records, statements, reports, and documents;
19         eliminating a standard for the reproduction of
20         such records, statements, reports, and
21         documents; amending s. 624.312, F.S.; providing
22         that reproductions from an electronic
23         recordkeeping system of specified documents and
24         records of the Department of Insurance shall be
25         treated as originals for the purpose of their
26         admissibility in evidence; amending s. 633.527,
27         F.S.; decreasing the period of retention for
28         specified examination test questions, answer
29         sheets, and grades in the possession of the
30         Division of State Fire Marshal of the
31         Department of Insurance; amending s. 655.50,
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 1         F.S.; revising requirements of the Department
 2         of Banking and Finance with respect to
 3         retention of copies of specified reports and
 4         records of exemption submitted or filed by
 5         financial institutions under the Florida
 6         Control of Money Laundering in Financial
 7         Institutions Act; amending s. 945.25, F.S.;
 8         requiring the Department of Corrections to
 9         obtain and place in its records specified
10         information on every person who may be
11         sentenced to supervision or incarceration under
12         the jurisdiction of the department; eliminating
13         a requirement of the department, in its
14         discretion, to obtain and place in its
15         permanent records specified information on
16         persons placed on probation and on persons who
17         may become subject to pardon and commutation of
18         sentence; amending s. 985.31, F.S.; revising
19         the classification of specified medical files
20         of serious or habitual juvenile offenders;
21         repealing s. 212.095(6)(d), F.S., which
22         requires the Department of Revenue to keep a
23         permanent record of the amounts of refunds
24         claimed and paid under ch. 212, F.S., and which
25         requires that such records shall be open to
26         public inspection; repealing s. 238.03(9),
27         F.S., relating to the authority of the
28         Department of Management Services to photograph
29         and reduce to microfilm as a permanent record
30         its ledger sheets showing the salaries and
31         contributions of members of the Teachers'
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 1         Retirement System of Florida, the records of
 2         deceased members of the system, and the
 3         authority to destroy the documents from which
 4         such films derive; amending ss. 15.09, 23.22,
 5         101.5607, 112.533, 1012.31(2)(e), 257.34,
 6         257.35, 282.21, 287.0943, 320.05, 322.20,
 7         338.223, 378.406, 400.0077, 401.27, 403.111,
 8         409.2577, 455.219, 456.025, 627.311, 627.351,
 9         633.527, 668.50, and 794.024, F.S.; conforming
10         cross-references; reenacting s. 947.13(2)(a),
11         F.S., relating to the duty of the Parole
12         Commission to examine specified records, to
13         incorporate the amendment to s. 945.25, F.S.,
14         in a reference thereto; providing an effective
15         date.
16  
17  Be It Enacted by the Legislature of the State of Florida:
18  
19         Section 1.  Subsection (1) of section 18.20, Florida
20  Statutes, is amended to read:
21         18.20  Treasurer to make reproductions of certain
22  warrants, records, and documents.--
23         (1)  All vouchers or checks heretofore or hereafter
24  drawn by appropriate court officials of the several counties
25  of the state against money deposited with the Treasurer under
26  the provisions of s. 43.17, and paid by the Treasurer, may be
27  photographed, microphotographed, or reproduced on film by the
28  Treasurer.  Such photographic film shall be durable material
29  and the device used to so reproduce such warrants, vouchers,
30  or checks shall be one which accurately reproduces the
31  originals thereof in all detail; and such photographs,
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    Florida Senate - 2003                                  SB 2684
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 1  microphotographs, or reproductions on film shall be placed in
 2  conveniently accessible and identified files and shall be
 3  preserved by the Treasurer as a part of the permanent records
 4  of office.  When any such warrants, vouchers, or checks have
 5  been so photographed, microphotographed, or reproduced on
 6  film, and the photographs, microphotographs, or reproductions
 7  on film thereof have been placed in files as a part of the
 8  permanent records of the office of the Treasurer as aforesaid,
 9  the Treasurer is authorized to return such warrants, vouchers,
10  or checks to the offices of the respective county officials
11  who drew the same and such warrants, vouchers, or checks shall
12  be retained and preserved in such offices to which returned as
13  a part of the permanent records of such offices.
14         Section 2.  Section 39.2021, Florida Statutes, is
15  created to read:
16         39.2021  Release of confidential information.--
17         (1)  Any person or organization, including the
18  Department of Children and Family Services, may petition the
19  court for an order making public the records of the Department
20  of Children and Family Services that pertain to investigations
21  of alleged abuse, abandonment, or neglect of a child. The
22  court shall determine if good cause exists for public access
23  to the records sought or a portion thereof. In making this
24  determination, the court shall balance the best interest of
25  the child who is the focus of the investigation and the
26  interest of that child's siblings, together with the privacy
27  right of other persons identified in the reports against the
28  public interest. The public interest in access to such records
29  is reflected in s. 119.01(1), and includes the need for
30  citizens to know of and adequately evaluate the actions of the
31  Department of Children and Family Services and the court
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 1  system in providing children of this state with the
 2  protections enumerated in s. 39.001. However, this subsection
 3  does not contravene s. 39.202, which protects the name of any
 4  person reporting the abuse, abandonment, or neglect of a
 5  child.
 6         (2)  In cases involving serious bodily injury to a
 7  child, the Department of Children and Family Services may
 8  petition the court for an order for the immediate public
 9  release of records of the department which pertain to the
10  protective investigation. The petition must be personally
11  served upon the child, the child's parent or guardian, and any
12  person named as an alleged perpetrator in the report of abuse,
13  abandonment, or neglect. The court must determine if good
14  cause exists for the public release of the records sought no
15  later than 24 hours, excluding Saturdays, Sundays, and legal
16  holidays, after the date the department filed the petition
17  with the court. If the court has neither granted nor denied
18  the petition within the 24-hour time period, the department
19  may release to the public summary information including:
20         (a)  A confirmation that an investigation has been
21  conducted concerning the alleged victim.
22         (b)  The dates and brief description of procedural
23  activities undertaken during the department's investigation.
24         (c)  The date of each judicial proceeding, a summary of
25  each participant's recommendations made at the judicial
26  proceeding, and the ruling of the court.
27  
28  The summary information may not include the name of, or other
29  identifying information with respect to, any person identified
30  in any investigation. In making a determination to release
31  confidential information, the court shall balance the best
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 1  interests of the child who is the focus of the investigation
 2  and the interests of that child's siblings, together with the
 3  privacy rights of other persons identified in the reports
 4  against the public interest for access to public records.
 5  However, this paragraph does not contravene s. 39.202, which
 6  protects the name of any person reporting abuse, abandonment,
 7  or neglect of a child.
 8         (3)  When the court determines that good cause for
 9  public access exists, the court shall direct that the
10  department redact the name of and other identifying
11  information with respect to any person identified in any
12  protective investigation report until such time as the court
13  finds that there is probable cause to believe that the person
14  identified committed an act of alleged abuse, abandonment, or
15  neglect.
16         Section 3.  Section 119.01, Florida Statutes, is
17  amended to read:
18         119.01  General state policy on public records.--
19         (1)  It is the policy of this state that all state,
20  county, and municipal records are shall be open for personal
21  inspection by any person unless the records are exempt from
22  inspection.
23         (2)  The Legislature finds that, given advancements in
24  technology, Providing access to public records is a duty of
25  each agency. by remote electronic means is an additional
26  method of access that agencies should strive to provide to the
27  extent feasible.  If an agency provides access to public
28  records by remote electronic means, then such access should be
29  provided in the most cost-effective and efficient manner
30  available to the agency providing the information.
31  
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 1         (2)(a)(3)  The Legislature finds that providing access
 2  to public records is a duty of each agency and that Automation
 3  of public records must not erode the right of access to public
 4  those records. As each agency increases its use of and
 5  dependence on electronic recordkeeping, each agency must
 6  provide ensure reasonable public access to records
 7  electronically maintained and must keep information made
 8  exempt or confidential from being disclosed to the public.
 9         (b)  An agency must consider when designing or
10  acquiring an electronic recordkeeping system whether such
11  system is capable of providing data in some common format such
12  as, but not limited to, the American Standard Code for
13  Information Interchange.
14         (c)  An agency may not enter into a contract for the
15  creation or maintenance of a public records database if that
16  contract impairs the ability of the public to inspect or copy
17  the public records of the agency, including public records
18  that are on-line or stored in an electronic recordkeeping
19  system used by the agency.
20         (d)  Subject to the restrictions of copyright and trade
21  secret laws and public records exemptions, agency use of
22  proprietary software must not diminish the right of the public
23  to inspect and copy a public record.
24         (e)  Providing access to public records by remote
25  electronic means is an additional method of access that
26  agencies should strive to provide to the extent feasible. If
27  an agency provides access to public records by remote
28  electronic means, such access should be provided in the most
29  cost-effective and efficient manner available to the agency
30  providing the information.
31  
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 1         (f)  Each agency that maintains a public record in an
 2  electronic recordkeeping system shall provide to any person,
 3  pursuant to this chapter, a copy of any public record in that
 4  system which is not exempted by law from public disclosure. An
 5  agency must provide a copy of the record in the medium
 6  requested if the agency maintains the record in that medium,
 7  and the agency may charge a fee in accordance with this
 8  chapter. For the purpose of satisfying a public records
 9  request, the fee to be charged by an agency if it elects to
10  provide a copy of a public record in a medium not routinely
11  used by the agency, or if it elects to compile information not
12  routinely developed or maintained by the agency or that
13  requires a substantial amount of manipulation or programming,
14  must be in accordance with s. 119.07(4).
15         (3)  If public funds are expended by an agency defined
16  in s. 119.011(2) in payment of dues or membership
17  contributions for any person, corporation, foundation, trust,
18  association, group, or other organization, all the financial,
19  business, and membership records of that person, corporation,
20  foundation, trust, association, group, or other organization
21  which pertain to the public agency are public records and
22  subject to the provisions of s. 119.07.
23         (4)  Each agency shall establish a program for the
24  disposal of records that do not have sufficient legal, fiscal,
25  administrative, or archival value in accordance with retention
26  schedules established by the records and information
27  management program of the Division of Library and Information
28  Services of the Department of State.
29         Section 4.  Section 119.011, Florida Statutes, is
30  amended to read:
31  
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 1         119.011  Definitions.--As used in For the purpose of
 2  this chapter, the term:
 3         (1)  "Actual cost of duplication" means the cost of the
 4  material and supplies used to duplicate the public record, but
 5  it does not include the labor cost or overhead cost associated
 6  with such duplication. "Public records" means all documents,
 7  papers, letters, maps, books, tapes, photographs, films, sound
 8  recordings, data processing software, or other material,
 9  regardless of the physical form, characteristics, or means of
10  transmission, made or received pursuant to law or ordinance or
11  in connection with the transaction of official business by any
12  agency.
13         (2)  "Agency" means any state, county, district,
14  authority, or municipal officer, department, division, board,
15  bureau, commission, or other separate unit of government
16  created or established by law including, for the purposes of
17  this chapter, the Commission on Ethics, the Public Service
18  Commission, and the Office of Public Counsel, and any other
19  public or private agency, person, partnership, corporation, or
20  business entity acting on behalf of any public agency.
21         (3)(a)  "Criminal intelligence information" means
22  information with respect to an identifiable person or group of
23  persons collected by a criminal justice agency in an effort to
24  anticipate, prevent, or monitor possible criminal activity.
25         (b)  "Criminal investigative information" means
26  information with respect to an identifiable person or group of
27  persons compiled by a criminal justice agency in the course of
28  conducting a criminal investigation of a specific act or
29  omission, including, but not limited to, information derived
30  from laboratory tests, reports of investigators or informants,
31  or any type of surveillance.
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 1         (c)  "Criminal intelligence information" and "criminal
 2  investigative information" shall not include:
 3         1.  The time, date, location, and nature of a reported
 4  crime.
 5         2.  The name, sex, age, and address of a person
 6  arrested or of the victim of a crime except as provided in s.
 7  119.07(6)(3)(f).
 8         3.  The time, date, and location of the incident and of
 9  the arrest.
10         4.  The crime charged.
11         5.  Documents given or required by law or agency rule
12  to be given to the person arrested, except as provided in s.
13  119.07(6)(3)(f), and, except that the court in a criminal case
14  may order that certain information required by law or agency
15  rule to be given to the person arrested be maintained in a
16  confidential manner and exempt from the provisions of s.
17  119.07(1) until released at trial if it is found that the
18  release of such information would:
19         a.  Be defamatory to the good name of a victim or
20  witness or would jeopardize the safety of such victim or
21  witness; and
22         b.  Impair the ability of a state attorney to locate or
23  prosecute a codefendant.
24         6.  Informations and indictments except as provided in
25  s. 905.26.
26         (d)  The word "active" shall have the following
27  meaning:
28         1.  Criminal intelligence information shall be
29  considered "active" as long as it is related to intelligence
30  gathering conducted with a reasonable, good faith belief that
31  
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 1  it will lead to detection of ongoing or reasonably anticipated
 2  criminal activities.
 3         2.  Criminal investigative information shall be
 4  considered "active" as long as it is related to an ongoing
 5  investigation which is continuing with a reasonable, good
 6  faith anticipation of securing an arrest or prosecution in the
 7  foreseeable future.
 8  
 9  In addition, criminal intelligence and criminal investigative
10  information shall be considered "active" while such
11  information is directly related to pending prosecutions or
12  appeals.  The word "active" shall not apply to information in
13  cases which are barred from prosecution under the provisions
14  of s. 775.15 or other statute of limitation.
15         (4)  "Criminal justice agency" means:
16         (a)  Any law enforcement agency, court, or prosecutor;.
17  The term also includes
18         (b)  Any other agency charged by law with criminal law
19  enforcement duties;, or
20         (c)  Any agency having custody of criminal intelligence
21  information or criminal investigative information for the
22  purpose of assisting such law enforcement agencies in the
23  conduct of active criminal investigation or prosecution or for
24  the purpose of litigating civil actions under the Racketeer
25  Influenced and Corrupt Organization Act, during the time that
26  such agencies are in possession of criminal intelligence
27  information or criminal investigative information pursuant to
28  their criminal law enforcement duties; or.  The term also
29  includes
30         (d)  The Department of Corrections.
31  
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 1         (5)  "Custodian of public records" means the elected or
 2  appointed state, county, or municipal officer charged with the
 3  responsibility of maintaining the office having public
 4  records, or his or her designee.
 5         (6)  "Data processing software" means the programs and
 6  routines used to employ and control the capabilities of data
 7  processing hardware, including, but not limited to, operating
 8  systems, compilers, assemblers, utilities, library routines,
 9  maintenance routines, applications, and computer networking
10  programs.
11         (7)  "Duplicated copies" means new copies produced by
12  duplicating, as defined in s. 283.30.
13         (8)  "Exemption" means a provision of general law which
14  provides that a specified record or meeting, or portion
15  thereof, is not subject to the access requirements of s.
16  119.07(1), s. 286.011, or s. 24, Art. I of the State
17  Constitution.
18         (9)  "Information technology resources" has the meaning
19  ascribed in s. 282.0041(7).
20         (10)  "Proprietary software" means data processing
21  software that is protected by copyright or trade secret laws.
22         (11)  "Public records" means all documents, papers,
23  letters, maps, books, tapes, photographs, films, sound
24  recordings, data processing software, or other material,
25  regardless of the physical form, characteristics, or means of
26  transmission, made or received pursuant to law or ordinance or
27  in connection with the transaction of official business by any
28  agency.
29         (12)  "Redact" means the process of removing from an
30  image or a copy of an original public record that portion of
31  the record containing exempt or confidential information.
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 1         (13)  "Sensitive," for purposes of defining
 2  agency-produced software that is sensitive, means only those
 3  portions of data processing software, including the
 4  specifications and documentation, which are used to:
 5         (a)  Collect, process, store, and retrieve information
 6  that is exempt from s. 119.07(1);
 7         (b)  Collect, process, store, and retrieve financial
 8  management information of the agency, such as payroll and
 9  accounting records; or
10         (c)  Control and direct access authorizations and
11  security measures for automated systems.
12         Section 5.  Sections 119.0115, 119.012, and 119.02,
13  Florida Statutes, are repealed.
14         Section 6.  Section 119.021, Florida Statutes, is
15  amended to read:
16         (Substantial rewording of section. See
17         s. 119.021, F.S., for present text.)
18         119.021  Custodial requirements; maintenance,
19  preservation, and retention of public records.--
20         (1)  Public records shall be maintained and preserved
21  as follows:
22         (a)  All public records should be kept in the buildings
23  in which they are ordinarily used.
24         (b)  Insofar as practicable, a custodian of public
25  records of vital, permanent, or archival records shall keep
26  them in fireproof and waterproof safes, vaults, or rooms
27  fitted with noncombustible materials and in such arrangement
28  as to be easily accessible for convenient use.
29         (c)1.  Record books should be copied or repaired,
30  renovated, or rebound if worn, mutilated, damaged, or
31  difficult to read.
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 1         2.  Whenever any state, county, or municipal records
 2  are in need of repair, restoration, or rebinding, the head of
 3  the concerned state agency, department, board, or commission;
 4  the board of county commissioners of such county; or the
 5  governing body of such municipality may authorize that such
 6  records be removed from the building or office in which such
 7  records are ordinarily kept for the length of time required to
 8  repair, restore, or rebind them.
 9         3.  Any public official who causes a record book to be
10  copied shall attest and certify under oath that the copy is an
11  accurate copy of the original book. The copy shall then have
12  the force and effect of the original.
13         (2)(a)  The Division of Library and Information
14  Services of the Department of State shall adopt rules to
15  establish retention schedules and a disposal process for
16  public records.
17         (b)  Each agency shall comply with the rules
18  establishing retention schedules and disposal processes for
19  public records which are adopted by the records and
20  information management program of the division.
21         (c)  Every public official shall systematically dispose
22  of records no longer needed, subject to the consent of the
23  records and information management program of the division in
24  accordance with s. 257.36.
25         (d)  The division may ascertain the condition of public
26  records and shall give advice and assistance to public
27  officials to solve problems related to the preservation,
28  creation, filing, and public accessibility of public records
29  in their custody. Public officials shall assist the division
30  by preparing an inclusive inventory of categories of public
31  records in their custody. The division shall establish a time
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 1  period for the retention or disposal of each series of
 2  records. Upon the completion of the inventory and schedule,
 3  the division shall, subject to the availability of necessary
 4  space, staff, and other facilities for such purposes, make
 5  space available in its records center for the filing of
 6  semicurrent records so scheduled and in its archives for
 7  noncurrent records of permanent value, and shall render such
 8  other assistance as needed, including the microfilming of
 9  records so scheduled.
10         (3)  Agency orders that comprise final agency action
11  and that must be indexed or listed pursuant to s. 120.53 have
12  continuing legal significance; therefore, notwithstanding any
13  other provision of this chapter or any provision of chapter
14  257, each agency shall permanently maintain records of such
15  orders pursuant to the applicable rules of the Department of
16  State.
17         (4)(a)  Whoever has custody of any public records shall
18  deliver, at the expiration of his or her term of office, to
19  his or her successor or, if there be none, to the records and
20  information management program of the Division of Library and
21  Information Services of the Department of State, all public
22  records kept or received by him or her in the transaction of
23  official business.
24         (b)  Whoever is entitled to custody of public records
25  shall demand them from any person having illegal possession of
26  them, who must forthwith deliver the same to him or her. Any
27  person unlawfully possessing public records must within 10
28  days deliver such records to the lawful custodian of public
29  records unless just cause exists for failing to deliver such
30  records.
31  
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 1         Section 7.  Sections 119.031, 119.041, 119.05, and
 2  119.06, Florida Statutes, are repealed.
 3         Section 8.  Section 119.07, Florida Statutes, is
 4  amended to read:
 5         119.07  Inspection, examination, and copying
 6  duplication of records; fees; exemptions.--
 7         (1)(a)  Every person who has custody of a public record
 8  shall permit the record to be inspected and copied examined by
 9  any person desiring to do so, at any reasonable time, under
10  reasonable conditions, and under supervision by the custodian
11  of the public records record or the custodian's designee.
12         (b)  An exemption from this section does not imply an
13  exemption from s. 286.011. The exemption from s. 286.011 must
14  be expressly provided.
15         (c)  A person who has custody of a public record who
16  asserts that an exemption applies to a part of such record
17  shall redact that portion of the record to which an exemption
18  has been asserted and validly applies, and such person shall
19  produce the remainder of such record for inspection and
20  copying.
21         (d)  If the person who has custody of a public record
22  contends that the record or part of it is exempt from
23  inspection and copying, he or she shall state the basis of the
24  exemption that he or she contends is applicable to the record,
25  including the statutory citation to an exemption created or
26  afforded by statute.
27         (e)  If requested by the person seeking to inspect or
28  copy the record, the custodian of public records shall state
29  in writing and with particularity the reasons for the
30  conclusion that the record is exempt or confidential.
31  
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 1         (f)  In any civil action in which an exemption to this
 2  section is asserted, if the exemption is alleged to exist
 3  under or by virtue of paragraph (6)(c), paragraph (6)(d),
 4  paragraph (6)(e), paragraph (6)(k), paragraph (6)(l), or
 5  paragraph (6)(o), the public record or part thereof in
 6  question shall be submitted to the court for an inspection in
 7  camera. If an exemption is alleged to exist under or by virtue
 8  of paragraph (6)(b), an inspection in camera will be
 9  discretionary with the court. If the court finds that the
10  asserted exemption is not applicable, it shall order the
11  public record or part thereof in question to be immediately
12  produced for inspection or copying as requested by the person
13  seeking such access.
14         (g)  Even if an assertion is made by the custodian of
15  public records that a requested record is not a public record
16  subject to public inspection or copying under this subsection,
17  the requested record shall, nevertheless, not be disposed of
18  for a period of 30 days after the date on which a written
19  request to inspect or copy the record was served on or
20  otherwise made to the custodian of public records by the
21  person seeking access to the record. If a civil action is
22  instituted within the 30-day period to enforce the provisions
23  of this section with respect to the requested record, the
24  custodian of public records may not dispose of the record
25  except by order of a court of competent jurisdiction after
26  notice to all affected parties.
27         (h)  The absence of a civil action instituted for the
28  purpose stated in paragraph (f) does not relieve the custodian
29  of public records of the duty to maintain the record as a
30  public record if the record is in fact a public record subject
31  to public inspection and copying under this subsection and
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 1  does not otherwise excuse or exonerate the custodian of public
 2  records from any unauthorized or unlawful disposition of such
 3  record.
 4         (2)(a)  Any person shall have the right of access to
 5  public records for the purpose of making photographs of the
 6  record while in the possession, custody, and control of the
 7  custodian of public records.
 8         (b)  This subsection applies to the making of
 9  photographs in the conventional sense by use of a camera
10  device to capture images of public records but excludes the
11  duplication of microfilm in the possession of the clerk of the
12  circuit court where a copy of the microfilm may be made
13  available by the clerk.
14         (c)  Photographing public records shall be done under
15  the supervision of the custodian of public records, who may
16  adopt and enforce reasonable rules governing the work.
17         (d)  Photographing of public records shall be done in
18  the room where the public records are kept. If, in the
19  judgment of the custodian of public records, this is
20  impossible or impracticable, the work shall be done in another
21  room or place, as nearly adjacent as possible to the room
22  where the public records are kept, to be determined by the
23  custodian of public records. Where provision of another room
24  or place for photographing is required, the expense of
25  providing the same shall be paid by the person desiring to
26  photograph the public record pursuant to paragraph (4)(e).
27         (3)(a)  As an additional means of inspecting or copying
28  public records, a custodian of public records may provide
29  access to public records by remote electronic means, provided
30  confidential or exempt information is not disclosed.
31  
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 1         (b)  The custodian of public records shall provide
 2  safeguards to protect the contents of public records from
 3  unauthorized remote electronic access or alteration and to
 4  prevent the disclosure or modification of those portions of
 5  public records which are exempt or confidential from
 6  subsection (1) or s. 24, Art. I of the State Constitution.
 7         (c)  Unless otherwise required by law, the custodian of
 8  public records may charge a fee for remote electronic access,
 9  granted under a contractual arrangement with a user, which fee
10  may include the direct and indirect costs of providing such
11  access. Fees for remote electronic access provided to the
12  general public shall be in accordance with the provisions of
13  this section.
14         (4)  The custodian of public records shall furnish a
15  copy or a certified copy of the record upon payment of the fee
16  prescribed by law. or, If a fee is not prescribed by law, the
17  following fees are authorized:
18         (a)1.  Up to 15 cents per one-sided copy for duplicated
19  copies of not more than 14 inches by 8 1/2  inches;,
20         2.  An agency may charge no more than an additional 5
21  cents for each two-sided copy; upon payment of not more than
22  15 cents per one-sided copy, and
23         3.  For all other copies, upon payment of the actual
24  cost of duplication of the public record.  An agency may
25  charge no more than an additional 5 cents for each two-sided
26  duplicated copy.  For purposes of this section, duplicated
27  copies shall mean new copies produced by duplicating, as
28  defined in s. 283.30.  The phrase "actual cost of duplication"
29  means the cost of the material and supplies used to duplicate
30  the record, but it does not include the labor cost or overhead
31  cost associated with such duplication.  However,
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 1         (b)  The charge for copies of county maps or aerial
 2  photographs supplied by county constitutional officers may
 3  also include a reasonable charge for the labor and overhead
 4  associated with their duplication.  Unless otherwise provided
 5  by law, the fees to be charged for duplication of public
 6  records shall be collected, deposited, and accounted for in
 7  the manner prescribed for other operating funds of the agency.
 8         (c)  An agency may charge up to $1 per copy for a
 9  certified copy of a public record.
10         (d)(b)  If the nature or volume of public records
11  requested to be inspected, examined, or copied pursuant to
12  this subsection is such as to require extensive use of
13  information technology resources or extensive clerical or
14  supervisory assistance by personnel of the agency involved, or
15  both, the agency may charge, in addition to the actual cost of
16  duplication, a special service charge, which shall be
17  reasonable and shall be based on the cost incurred for such
18  extensive use of information technology resources or the labor
19  cost of the personnel providing the service that is actually
20  incurred by the agency or attributable to the agency for the
21  clerical and supervisory assistance required, or both.
22         (e)1.  Where provision of another room or place is
23  necessary to photograph public records, the expense of
24  providing the same shall be paid by the person desiring to
25  photograph the public records.
26         2.  The custodian of public records may charge the
27  person making the photographs for supervision services at a
28  rate of compensation to be agreed upon by the person desiring
29  to make the photographs and the custodian or public records.
30  If they fail to agree as to the appropriate charge, the charge
31  shall be determined by the custodian of public records.
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 1  "Information technology resources" means data processing
 2  hardware and software and services, communications, supplies,
 3  personnel, facility resources, maintenance, and training.
 4         (5)(c)  When ballots are produced under this section
 5  for inspection or examination, no persons other than the
 6  supervisor of elections or the supervisor's employees shall
 7  touch the ballots.  The supervisor of elections shall make a
 8  reasonable effort to notify all candidates by telephone or
 9  otherwise of the time and place of the inspection or
10  examination. All such candidates, or their representatives,
11  shall be allowed to be present during the inspection or
12  examination.
13         (2)(a)  A person who has custody of a public record and
14  who asserts that an exemption provided in subsection (3) or in
15  a general or special law applies to a particular public record
16  or part of such record shall delete or excise from the record
17  only that portion of the record with respect to which an
18  exemption has been asserted and validly applies, and such
19  person shall produce the remainder of such record for
20  inspection and examination.  If the person who has custody of
21  a public record contends that the record or part of it is
22  exempt from inspection and examination, he or she shall state
23  the basis of the exemption which he or she contends is
24  applicable to the record, including the statutory citation to
25  an exemption created or afforded by statute, and, if requested
26  by the person seeking the right under this subsection to
27  inspect, examine, or copy the record, he or she shall state in
28  writing and with particularity the reasons for the conclusion
29  that the record is exempt.
30         (b)  In any civil action in which an exemption to
31  subsection (1) is asserted, if the exemption is alleged to
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 1  exist under or by virtue of paragraph (c), paragraph (d),
 2  paragraph (e), paragraph (k), paragraph (l), or paragraph (o)
 3  of subsection (3), the public record or part thereof in
 4  question shall be submitted to the court for an inspection in
 5  camera.  If an exemption is alleged to exist under or by
 6  virtue of paragraph (b) of subsection (3), an inspection in
 7  camera will be discretionary with the court.  If the court
 8  finds that the asserted exemption is not applicable, it shall
 9  order the public record or part thereof in question to be
10  immediately produced for inspection, examination, or copying
11  as requested by the person seeking such access.
12         (c)  Even if an assertion is made by the custodian of a
13  public record that a requested record is not a public record
14  subject to public inspection and examination under subsection
15  (1), the requested record shall, nevertheless, not be disposed
16  of for a period of 30 days after the date on which a written
17  request requesting the right to inspect, examine, or copy the
18  record was served on or otherwise made to the custodian of the
19  record by the person seeking access to the record.  If a civil
20  action is instituted within the 30-day period to enforce the
21  provisions of this section with respect to the requested
22  record, the custodian shall not dispose of the record except
23  by order of a court of competent jurisdiction after notice to
24  all affected parties.
25         (d)  The absence of a civil action instituted for the
26  purpose stated in paragraph (c) will not relieve the custodian
27  of the duty to maintain the record as a public record if the
28  record is in fact a public record subject to public inspection
29  and examination under subsection (1) and will not otherwise
30  excuse or exonerate the custodian from any unauthorized or
31  unlawful disposition of such record.
                                  25
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 1         (6)(3)(a)  Examination questions and answer sheets of
 2  examinations administered by a governmental agency for the
 3  purpose of licensure, certification, or employment are exempt
 4  from the provisions of subsection (1) and s. 24(a), Art. I of
 5  the State Constitution.  A person who has taken such an
 6  examination shall have the right to review his or her own
 7  completed examination.
 8         (b)1.  Active criminal intelligence information and
 9  active criminal investigative information are exempt from the
10  provisions of subsection (1) and s. 24(a), Art. I of the State
11  Constitution.
12         2.  A request of a law enforcement agency to inspect or
13  copy a public record that is in the custody of another agency,
14  the custodian's response to the request, and any information
15  that would identify the public record that was requested by
16  the law enforcement agency or provided by the custodian are
17  exempt from the requirements of subsection (1) and s. 24(a),
18  Art. I of the State Constitution, during the period in which
19  the information constitutes criminal intelligence information
20  or criminal investigative information that is active. This
21  exemption is remedial in nature, and it is the intent of the
22  Legislature that the exemption be applied to requests for
23  information received before, on, or after the effective date
24  of this subparagraph. The law enforcement agency shall give
25  notice to the custodial agency when the criminal intelligence
26  information or criminal investigative information is no longer
27  active, so that the custodian's response to the request and
28  information that would identify the public record requested
29  are available to the public. This subparagraph is subject to
30  the Open Government Sunset Review Act of 1995 in accordance
31  with s. 119.15 and shall stand repealed October 2, 2007,
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 1  unless reviewed and saved from repeal through reenactment by
 2  the Legislature.
 3         (c)  Any information revealing the identity of a
 4  confidential informant or a confidential source is exempt from
 5  the provisions of subsection (1) and s. 24(a), Art. I of the
 6  State Constitution.
 7         (d)  Any information revealing surveillance techniques
 8  or procedures or personnel is exempt from the provisions of
 9  subsection (1) and s. 24(a), Art. I of the State Constitution.
10  Any comprehensive inventory of state and local law enforcement
11  resources compiled pursuant to part I, chapter 23, and any
12  comprehensive policies or plans compiled by a criminal justice
13  agency pertaining to the mobilization, deployment, or tactical
14  operations involved in responding to emergencies, as defined
15  in s. 252.34(3), are exempt from the provisions of subsection
16  (1) and s. 24(a), Art. I of the State Constitution and
17  unavailable for inspection, except by personnel authorized by
18  a state or local law enforcement agency, the office of the
19  Governor, the Department of Legal Affairs, the Department of
20  Law Enforcement, or the Department of Community Affairs as
21  having an official need for access to the inventory or
22  comprehensive policies or plans.
23         (e)  Any information revealing undercover personnel of
24  any criminal justice agency is exempt from the provisions of
25  subsection (1) and s. 24(a), Art. I of the State Constitution.
26         (f)  Any criminal intelligence information or criminal
27  investigative information including the photograph, name,
28  address, or other fact or information which reveals the
29  identity of the victim of the crime of sexual battery as
30  defined in chapter 794; the identity of the victim of a lewd
31  or lascivious offense committed upon or in the presence of a
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 1  person less than 16 years of age, as defined in chapter 800;
 2  or the identity of the victim of the crime of child abuse as
 3  defined by chapter 827 and any criminal intelligence
 4  information or criminal investigative information or other
 5  criminal record, including those portions of court records and
 6  court proceedings, which may reveal the identity of a person
 7  who is a victim of any sexual offense, including a sexual
 8  offense proscribed in chapter 794, chapter 800, or chapter
 9  827, is exempt from the provisions of subsection (1) and s.
10  24(a), Art. I of the State Constitution.
11         (g)  Any criminal intelligence information or criminal
12  investigative information which reveals the personal assets of
13  the victim of a crime, other than property stolen or destroyed
14  during the commission of the crime, is exempt from the
15  provisions of subsection (1) and s. 24(a), Art. I of the State
16  Constitution.
17         (h)  All criminal intelligence and criminal
18  investigative information received by a criminal justice
19  agency prior to January 25, 1979, is exempt from the
20  provisions of subsection (1) and s. 24(a), Art. I of the State
21  Constitution.
22         (i)1.  The home addresses, telephone numbers, social
23  security numbers, and photographs of active or former law
24  enforcement personnel, including correctional and correctional
25  probation officers, personnel of the Department of Children
26  and Family Services whose duties include the investigation of
27  abuse, neglect, exploitation, fraud, theft, or other criminal
28  activities, personnel of the Department of Health whose duties
29  are to support the investigation of child abuse or neglect,
30  and personnel of the Department of Revenue or local
31  governments whose responsibilities include revenue collection
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 1  and enforcement or child support enforcement; the home
 2  addresses, telephone numbers, social security numbers,
 3  photographs, and places of employment of the spouses and
 4  children of such personnel; and the names and locations of
 5  schools and day care facilities attended by the children of
 6  such personnel are exempt from the provisions of subsection
 7  (1). The home addresses, telephone numbers, and photographs of
 8  firefighters certified in compliance with s. 633.35; the home
 9  addresses, telephone numbers, photographs, and places of
10  employment of the spouses and children of such firefighters;
11  and the names and locations of schools and day care facilities
12  attended by the children of such firefighters are exempt from
13  subsection (1). The home addresses and telephone numbers of
14  justices of the Supreme Court, district court of appeal
15  judges, circuit court judges, and county court judges; the
16  home addresses, telephone numbers, and places of employment of
17  the spouses and children of justices and judges; and the names
18  and locations of schools and day care facilities attended by
19  the children of justices and judges are exempt from the
20  provisions of subsection (1). The home addresses, telephone
21  numbers, social security numbers, and photographs of current
22  or former state attorneys, assistant state attorneys,
23  statewide prosecutors, or assistant statewide prosecutors; the
24  home addresses, telephone numbers, social security numbers,
25  photographs, and places of employment of the spouses and
26  children of current or former state attorneys, assistant state
27  attorneys, statewide prosecutors, or assistant statewide
28  prosecutors; and the names and locations of schools and day
29  care facilities attended by the children of current or former
30  state attorneys, assistant state attorneys, statewide
31  prosecutors, or assistant statewide prosecutors are exempt
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 1  from subsection (1) and s. 24(a), Art. I of the State
 2  Constitution.
 3         2.  The home addresses, telephone numbers, social
 4  security numbers, and photographs of current or former human
 5  resource, labor relations, or employee relations directors,
 6  assistant directors, managers, or assistant managers of any
 7  local government agency or water management district whose
 8  duties include hiring and firing employees, labor contract
 9  negotiation, administration, or other personnel-related
10  duties; the names, home addresses, telephone numbers, social
11  security numbers, photographs, and places of employment of the
12  spouses and children of such personnel; and the names and
13  locations of schools and day care facilities attended by the
14  children of such personnel are exempt from subsection (1) and
15  s. 24(a), Art. I of the State Constitution. This subparagraph
16  is subject to the Open Government Sunset Review Act of 1995 in
17  accordance with s. 119.15, and shall stand repealed on October
18  2, 2006, unless reviewed and saved from repeal through
19  reenactment by the Legislature.
20         3.  The home addresses, telephone numbers, social
21  security numbers, and photographs of current or former code
22  enforcement officers; the names, home addresses, telephone
23  numbers, social security numbers, photographs, and places of
24  employment of the spouses and children of such persons; and
25  the names and locations of schools and day care facilities
26  attended by the children of such persons are exempt from
27  subsection (1) and s. 24(a), Art. I of the State Constitution.
28  This subparagraph is subject to the Open Government Sunset
29  Review Act of 1995 in accordance with s. 119.15, and shall
30  stand repealed on October 2, 2006, unless reviewed and saved
31  from repeal through reenactment by the Legislature.
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 1         4.  An agency that is the custodian of the personal
 2  information specified in subparagraph 1., subparagraph 2., or
 3  subparagraph 3. and that is not the employer of the officer,
 4  employee, justice, judge, or other person specified in
 5  subparagraph 1., subparagraph 2., or subparagraph 3. shall
 6  maintain the exempt status confidentiality of the personal
 7  information only if the officer, employee, justice, judge,
 8  other person, or employing agency of the designated employee
 9  submits a written request for maintenance of the exemption
10  confidentiality to the custodial agency.
11         (j)  Any information provided to an agency of state
12  government or to an agency of a political subdivision of the
13  state for the purpose of forming ridesharing arrangements,
14  which information reveals the identity of an individual who
15  has provided his or her name for ridesharing, as defined in s.
16  341.031, is exempt from the provisions of subsection (1) and
17  s. 24(a), Art. I of the State Constitution.
18         (k)  Any information revealing the substance of a
19  confession of a person arrested is exempt from the provisions
20  of subsection (1) and s. 24(a), Art. I of the State
21  Constitution, until such time as the criminal case is finally
22  determined by adjudication, dismissal, or other final
23  disposition.
24         (l)1.  A public record which was prepared by an agency
25  attorney (including an attorney employed or retained by the
26  agency or employed or retained by another public officer or
27  agency to protect or represent the interests of the agency
28  having custody of the record) or prepared at the attorney's
29  express direction, which reflects a mental impression,
30  conclusion, litigation strategy, or legal theory of the
31  attorney or the agency, and which was prepared exclusively for
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 1  civil or criminal litigation or for adversarial administrative
 2  proceedings, or which was prepared in anticipation of imminent
 3  civil or criminal litigation or imminent adversarial
 4  administrative proceedings, is exempt from the provisions of
 5  subsection (1) and s. 24(a), Art. I of the State Constitution
 6  until the conclusion of the litigation or adversarial
 7  administrative proceedings. For purposes of capital collateral
 8  litigation as set forth in s. 27.7001, the Attorney General's
 9  office is entitled to claim this exemption for those public
10  records prepared for direct appeal as well as for all capital
11  collateral litigation after direct appeal until execution of
12  sentence or imposition of a life sentence.
13         2.  This exemption is not waived by the release of such
14  public record to another public employee or officer of the
15  same agency or any person consulted by the agency attorney.
16  When asserting the right to withhold a public record pursuant
17  to this paragraph, the agency shall identify the potential
18  parties to any such criminal or civil litigation or
19  adversarial administrative proceedings.  If a court finds that
20  the document or other record has been improperly withheld
21  under this paragraph, the party seeking access to such
22  document or record shall be awarded reasonable attorney's fees
23  and costs in addition to any other remedy ordered by the
24  court.
25         (m)  Sealed bids or proposals received by an agency
26  pursuant to invitations to bid or requests for proposals are
27  exempt from the provisions of subsection (1) and s. 24(a),
28  Art. I of the State Constitution until such time as the agency
29  provides notice of a decision or intended decision pursuant to
30  s. 120.57(3)(a) or within 10 days after bid or proposal
31  opening, whichever is earlier.
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 1         (n)  When an agency of the executive branch of state
 2  government seeks to acquire real property by purchase or
 3  through the exercise of the power of eminent domain all
 4  appraisals, other reports relating to value, offers, and
 5  counteroffers must be in writing and are exempt from the
 6  provisions of subsection (1) and s. 24(a), Art. I of the State
 7  Constitution until execution of a valid option contract or a
 8  written offer to sell that has been conditionally accepted by
 9  the agency, at which time the exemption shall expire.  The
10  agency shall not finally accept the offer for a period of 30
11  days in order to allow public review of the transaction.  The
12  agency may give conditional acceptance to any option or offer
13  subject only to final acceptance by the agency after the
14  30-day review period.  If a valid option contract is not
15  executed, or if a written offer to sell is not conditionally
16  accepted by the agency, then the exemption from the provisions
17  of this chapter shall expire at the conclusion of the
18  condemnation litigation of the subject property. An agency of
19  the executive branch may exempt title information, including
20  names and addresses of property owners whose property is
21  subject to acquisition by purchase or through the exercise of
22  the power of eminent domain, from the provisions of subsection
23  (1) and s. 24(a), Art. I of the State Constitution to the same
24  extent as appraisals, other reports relating to value, offers,
25  and counteroffers.  For the purpose of this paragraph, "option
26  contract" means an agreement of an agency of the executive
27  branch of state government to purchase real property subject
28  to final agency approval.  This paragraph shall have no
29  application to other exemptions from the provisions of
30  subsection (1) which are contained in other provisions of law
31  
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 1  and shall not be construed to be an express or implied repeal
 2  thereof.
 3         (o)  Data processing software obtained by an agency
 4  under a licensing agreement which prohibits its disclosure and
 5  which software is a trade secret, as defined in s. 812.081,
 6  and agency-produced data processing software which is
 7  sensitive are exempt from the provisions of subsection (1) and
 8  s. 24(a), Art. I of the State Constitution.  The designation
 9  of agency-produced software as sensitive shall not prohibit an
10  agency head from sharing or exchanging such software with
11  another public agency.  As used in this paragraph:
12         1.  "Data processing software" means the programs and
13  routines used to employ and control the capabilities of data
14  processing hardware, including, but not limited to, operating
15  systems, compilers, assemblers, utilities, library routines,
16  maintenance routines, applications, and computer networking
17  programs.
18         2.  "Sensitive" means only those portions of data
19  processing software, including the specifications and
20  documentation, used to:
21         a.  Collect, process, store, and retrieve information
22  which is exempt from the provisions of subsection (1);
23         b.  Collect, process, store, and retrieve financial
24  management information of the agency, such as payroll and
25  accounting records; or
26         c.  Control and direct access authorizations and
27  security measures for automated systems.
28         (p)  All complaints and other records in the custody of
29  any unit of local government which relate to a complaint of
30  discrimination relating to race, color, religion, sex,
31  national origin, age, handicap, marital status, sale or rental
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 1  of housing, the provision of brokerage services, or the
 2  financing of housing are exempt from the provisions of
 3  subsection (1) and s. 24(a), Art. I of the State Constitution
 4  until a finding is made relating to probable cause, the
 5  investigation of the complaint becomes inactive, or the
 6  complaint or other record is made part of the official record
 7  of any hearing or court proceeding. This provision shall not
 8  affect any function or activity of the Florida Commission on
 9  Human Relations. Any state or federal agency which is
10  authorized to have access to such complaints or records by any
11  provision of law shall be granted such access in the
12  furtherance of such agency's statutory duties, notwithstanding
13  the provisions of this section. This paragraph shall not be
14  construed to modify or repeal any special or local act.
15         (q)  All complaints and other records in the custody of
16  any agency in the executive branch of state government which
17  relate to a complaint of discrimination relating to race,
18  color, religion, sex, national origin, age, handicap, or
19  marital status in connection with hiring practices, position
20  classifications, salary, benefits, discipline, discharge,
21  employee performance, evaluation, or other related activities
22  are exempt from the provisions of subsection (1) and s. 24(a),
23  Art. I of the State Constitution until a finding is made
24  relating to probable cause, the investigation of the complaint
25  becomes inactive, or the complaint or other record is made
26  part of the official record of any hearing or court
27  proceeding. This provision shall not affect any function or
28  activity of the Florida Commission on Human Relations. Any
29  state or federal agency which is authorized to have access to
30  such complaints or records by any provision of law shall be
31  granted such access in the furtherance of such agency's
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 1  statutory duties, notwithstanding the provisions of this
 2  section.
 3         (r)  All records supplied by a telecommunications
 4  company, as defined by s. 364.02, to a state or local
 5  governmental agency which contain the name, address, and
 6  telephone number of subscribers are confidential and exempt
 7  from the provisions of subsection (1) and s. 24(a), Art. I of
 8  the State Constitution.
 9         (s)1.  Any document that reveals the identity, home or
10  employment telephone number, home or employment address, or
11  personal assets of the victim of a crime and identifies that
12  person as the victim of a crime, which document is received by
13  any agency that regularly receives information from or
14  concerning the victims of crime, is exempt from the provisions
15  of subsection (1) and s. 24(a), Art. I of the State
16  Constitution. Any information not otherwise held confidential
17  or exempt from the provisions of subsection (1) which reveals
18  the home or employment telephone number, home or employment
19  address, or personal assets of a person who has been the
20  victim of sexual battery, aggravated child abuse, aggravated
21  stalking, harassment, aggravated battery, or domestic violence
22  is exempt from the provisions of subsection (1) and s. 24(a),
23  Art. I of the State Constitution, upon written request by the
24  victim, which must include official verification that an
25  applicable crime has occurred.  Such information shall cease
26  to be exempt 5 years after the receipt of the written request.
27  Any state or federal agency that is authorized to have access
28  to such documents by any provision of law shall be granted
29  such access in the furtherance of such agency's statutory
30  duties, notwithstanding the provisions of this section.
31  
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 1         2.  Any information in a videotaped statement of a
 2  minor who is alleged to be or who is a victim of sexual
 3  battery, lewd acts, or other sexual misconduct proscribed in
 4  chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s.
 5  847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which
 6  reveals that minor's identity, including, but not limited to,
 7  the minor's face; the minor's home, school, church, or
 8  employment telephone number; the minor's home, school, church,
 9  or employment address; the name of the minor's school, church,
10  or place of employment; or the personal assets of the minor;
11  and which identifies that minor as the victim of a crime
12  described in this subparagraph, is confidential and exempt
13  from subsection (1) and s. 24(a), Art. I of the State
14  Constitution. Any governmental agency that is authorized to
15  have access to such statements by any provision of law shall
16  be granted such access in the furtherance of the agency's
17  statutory duties, notwithstanding the provisions of this
18  section.  This subparagraph is subject to the Open Government
19  Sunset Review Act of 1995 in accordance with s. 119.15, and
20  shall stand repealed on October 2, 2003.
21         3.  A public employee or officer who has access to the
22  videotaped statement of a minor who is alleged to be or who is
23  a victim of sexual battery, lewd acts, or other sexual
24  misconduct proscribed in chapter 800 or in s. 794.011, s.
25  827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or
26  s. 847.0145, may not willfully and knowingly disclose
27  videotaped information that reveals that minor's identity to a
28  person who is not assisting in the investigation or
29  prosecution of the alleged offense or to any person other than
30  the defendant, the defendant's attorney, or a person specified
31  
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 1  in an order entered by the court having jurisdiction of the
 2  alleged offense.
 3         4.  A person who violates subparagraph 3. commits a
 4  misdemeanor of the first degree, punishable as provided in s.
 5  775.082 or s. 775.083.
 6         (t)  Any financial statement which an agency requires a
 7  prospective bidder to submit in order to prequalify for
 8  bidding or for responding to a proposal for a road or any
 9  other public works project is exempt from the provisions of
10  subsection (1) and s. 24(a), Art. I of the State Constitution.
11         (u)  Where the alleged victim chooses not to file a
12  complaint and requests that records of the complaint remain
13  confidential, all records relating to an allegation of
14  employment discrimination are confidential and exempt from the
15  provisions of subsection (1) and s. 24(a), Art. I of the State
16  Constitution.
17         (v)  Medical information pertaining to a prospective,
18  current, or former officer or employee of an agency which, if
19  disclosed, would identify that officer or employee is exempt
20  from the provisions of subsection (1) and s. 24(a), Art. I of
21  the State Constitution. However, such information may be
22  disclosed if the person to whom the information pertains or
23  the person's legal representative provides written permission
24  or pursuant to court order.
25         (w)1.  If certified pursuant to subparagraph 2., an
26  investigatory record of the Chief Inspector General within the
27  Executive Office of the Governor or of the employee designated
28  by an agency head as the agency inspector general under s.
29  112.3189 is exempt from the provisions of subsection (1) and
30  s. 24(a), Art. I of the State Constitution until the
31  investigation ceases to be active, or a report detailing the
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 1  investigation is provided to the Governor or the agency head,
 2  or 60 days from the inception of the investigation for which
 3  the record was made or received, whichever first occurs.
 4  Investigatory records are those records which are related to
 5  the investigation of an alleged, specific act or omission or
 6  other wrongdoing, with respect to an identifiable person or
 7  group of persons, based on information compiled by the Chief
 8  Inspector General or by an agency inspector general, as named
 9  under the provisions of s. 112.3189, in the course of an
10  investigation.  An investigation is active if it is continuing
11  with a reasonable, good faith anticipation of resolution and
12  with reasonable dispatch.
13         2.  The Governor, in the case of the Chief Inspector
14  General, or agency head, in the case of an employee designated
15  as the agency inspector general under s. 112.3189, may certify
16  such investigatory records require an exemption to protect the
17  integrity of the investigation or avoid unwarranted damage to
18  an individual's good name or reputation. The certification
19  shall specify the nature and purpose of the investigation and
20  shall be kept with the exempt records and made public when the
21  records are made public.
22         3.  The provisions of this paragraph do not apply to
23  whistle-blower investigations conducted pursuant to the
24  provisions of ss. 112.3187, 112.3188, 112.3189, and 112.31895.
25         (x)  The social security numbers of all current and
26  former agency employees which numbers are contained in agency
27  employment records are exempt from subsection (1) and exempt
28  from s. 24(a), Art. I of the State Constitution. As used in
29  this paragraph, the term "agency" means an agency as defined
30  in s. 119.011.
31  
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 1         (y)  The audit report of an internal auditor prepared
 2  for or on behalf of a unit of local government becomes a
 3  public record when the audit becomes final. As used in this
 4  paragraph, "unit of local government" means a county,
 5  municipality, special district, local agency, authority,
 6  consolidated city-county government, or any other local
 7  governmental body or public body corporate or politic
 8  authorized or created by general or special law. An audit
 9  becomes final when the audit report is presented to the unit
10  of local government. Audit workpapers and notes related to
11  such audit report are confidential and exempt from the
12  provisions of subsection (1) and s. 24(a), Art. I of the State
13  Constitution until the audit is completed and the audit report
14  becomes final.
15         (z)  Any data, record, or document used directly or
16  solely by a municipally owned utility to prepare and submit a
17  bid relative to the sale, distribution, or use of any service,
18  commodity, or tangible personal property to any customer or
19  prospective customer shall be exempt from the provisions of
20  subsection (1) and s. 24(a), Art. I of the State Constitution.
21  This exemption commences when a municipal utility identifies
22  in writing a specific bid to which it intends to respond. This
23  exemption no longer applies when the contract for sale,
24  distribution, or use of the service, commodity, or tangible
25  personal property is executed, a decision is made not to
26  execute such contract, or the project is no longer under
27  active consideration. The exemption in this paragraph includes
28  the bid documents actually furnished in response to the
29  request for bids. However, the exemption for the bid documents
30  submitted no longer applies after the bids are opened by the
31  customer or prospective customer.
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 1         (aa)  Upon a request made in a form designated by the
 2  Department of Highway Safety and Motor Vehicles, personal
 3  information contained in a motor vehicle record that
 4  identifies the requester is exempt from subsection (1) and s.
 5  24(a), Art. I of the State Constitution except as provided in
 6  this paragraph. Personal information includes, but is not
 7  limited to, the requester's social security number, driver
 8  identification number, name, address, telephone number, and
 9  medical or disability information.  For purposes of this
10  paragraph, personal information does not include information
11  relating to vehicular crashes, driving violations, and
12  driver's status. Such request may be made only by the person
13  who is the subject of the motor vehicle record. For purposes
14  of this paragraph, "motor vehicle record" means any record
15  that pertains to a motor vehicle operator's permit, motor
16  vehicle title, motor vehicle registration, or identification
17  card issued by the Department of Highway Safety and Motor
18  Vehicles. Personal information contained in motor vehicle
19  records exempted by an individual's request pursuant to this
20  paragraph shall be released by the department for any of the
21  following uses:
22         1.  For use in connection with matters of motor vehicle
23  or driver safety and theft; motor vehicle emissions; motor
24  vehicle product alterations, recalls, or advisories;
25  performance monitoring of motor vehicles and dealers by motor
26  vehicle manufacturers; and removal of nonowner records from
27  the original owner records of motor vehicle manufacturers, to
28  carry out the purposes of the Automobile Information
29  Disclosure Act, the Motor Vehicle Information and Cost Saving
30  Act, the National Traffic and Motor Vehicle Safety Act of
31  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.
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 1         2.  For use by any government agency, including any
 2  court or law enforcement agency, in carrying out its
 3  functions, or any private person or entity acting on behalf of
 4  a federal, state, or local agency in carrying out its
 5  functions.
 6         3.  For use in connection with matters of motor vehicle
 7  or driver safety and theft; motor vehicle emissions; motor
 8  vehicle product alterations, recalls, or advisories;
 9  performance monitoring of motor vehicles, motor vehicle parts,
10  and dealers; motor vehicle market research activities,
11  including survey research; and removal of nonowner records
12  from the original owner records of motor vehicle
13  manufacturers.
14         4.  For use in the normal course of business by a
15  legitimate business or its agents, employees, or contractors,
16  but only:
17         a.  To verify the accuracy of personal information
18  submitted by the individual to the business or its agents,
19  employees, or contractors; and
20         b.  If such information as so submitted is not correct
21  or is no longer correct, to obtain the correct information,
22  but only for the purposes of preventing fraud by, pursuing
23  legal remedies against, or recovering on a debt or security
24  interest against, the individual.
25         5.  For use in connection with any civil, criminal,
26  administrative, or arbitral proceeding in any court or agency
27  or before any self-regulatory body for:
28         a.  Service of process by any certified process server,
29  special process server, or other person authorized to serve
30  process in this state.
31  
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 1         b.  Investigation in anticipation of litigation by an
 2  attorney licensed to practice law in this state or the agent
 3  of the attorney.
 4         c.  Investigation by any person in connection with any
 5  filed proceeding.
 6         d.  Execution or enforcement of judgments and orders.
 7         e.  Compliance with an order of any court.
 8         6.  For use in research activities and for use in
 9  producing statistical reports, so long as the personal
10  information is not published, redisclosed, or used to contact
11  individuals.
12         7.  For use by any insurer or insurance support
13  organization, or by a self-insured entity, or its agents,
14  employees, or contractors, in connection with claims
15  investigation activities, anti-fraud activities, rating, or
16  underwriting.
17         8.  For use in providing notice to the owners of towed
18  or impounded vehicles.
19         9.  For use by any licensed private investigative
20  agency or licensed security service for any purpose permitted
21  under this paragraph. Personal information obtained based on
22  an exempt driver's record may not be provided to a client who
23  cannot demonstrate a need based on a police report, court
24  order, or a business or personal relationship with the subject
25  of the investigation.
26         10.  For use by an employer or its agent or insurer to
27  obtain or verify information relating to a holder of a
28  commercial driver's license that is required under the
29  Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App.
30  2710 et seq.
31  
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 1         11.  For use in connection with the operation of
 2  private toll transportation facilities.
 3         12.  For bulk distribution for surveys, marketing, or
 4  solicitations when the department has implemented methods and
 5  procedures to ensure that:
 6         a.  Individuals are provided an opportunity, in a clear
 7  and conspicuous manner, to prohibit such uses; and
 8         b.  The information will be used, rented, or sold
 9  solely for bulk distribution for survey, marketing, and
10  solicitations, and that surveys, marketing, and solicitations
11  will not be directed at those individuals who have timely
12  requested that they not be directed at them.
13         13.  For any use if the requesting person demonstrates
14  that he or she has obtained the written consent of the person
15  who is the subject of the motor vehicle record.
16         14.  For any other use specifically authorized by state
17  law, if such use is related to the operation of a motor
18  vehicle or public safety.
19  
20  Personal information exempted from public disclosure according
21  to this paragraph may be disclosed by the Department of
22  Highway Safety and Motor Vehicles to an individual, firm,
23  corporation, or similar business entity whose primary business
24  interest is to resell or redisclose the personal information
25  to persons who are authorized to receive such information.
26  Prior to the department's disclosure of personal information,
27  such individual, firm, corporation, or similar business entity
28  must first enter into a contract with the department regarding
29  the care, custody, and control of the personal information to
30  ensure compliance with the federal Driver's Privacy Protection
31  Act of 1994 and applicable state laws. An authorized recipient
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 1  of personal information contained in a motor vehicle record,
 2  except a recipient under subparagraph 12., may contract with
 3  the Department of Highway Safety and Motor Vehicles to resell
 4  or redisclose the information for any use permitted under this
 5  paragraph. However, only authorized recipients of personal
 6  information under subparagraph 12. may resell or redisclose
 7  personal information pursuant to subparagraph 12. Any
 8  authorized recipient who resells or rediscloses personal
 9  information shall maintain, for a period of 5 years, records
10  identifying each person or entity that receives the personal
11  information and the permitted purpose for which it will be
12  used. Such records shall be made available for inspection upon
13  request by the department. The department shall adopt rules to
14  carry out the purposes of this paragraph and the federal
15  Driver's Privacy Protection Act of 1994, Title XXX, Pub. L.
16  No. 103-322. Rules adopted by the department shall provide for
17  the payment of applicable fees and, prior to the disclosure of
18  personal information pursuant to this paragraph, shall require
19  the meeting of conditions by the requesting person for the
20  purposes of obtaining reasonable assurance concerning the
21  identity of such requesting person, and, to the extent
22  required, assurance that the use will be only as authorized or
23  that the consent of the person who is the subject of the
24  personal information has been obtained. Such conditions may
25  include, but need not be limited to, the making and filing of
26  a written application in such form and containing such
27  information and certification requirements as the department
28  requires.
29         (bb)1.  Medical history records, bank account numbers,
30  credit card numbers, telephone numbers, and information
31  related to health or property insurance furnished by an
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 1  individual to any agency pursuant to federal, state, or local
 2  housing assistance programs are confidential and exempt from
 3  the provisions of subsection (1) and s. 24(a), Art. I of the
 4  State Constitution. Any other information produced or received
 5  by any private or public entity in direct connection with
 6  federal, state, or local housing assistance programs, unless
 7  the subject of another federal or state exemption, is subject
 8  to subsection (1).
 9         2.  Governmental agencies or their agents are entitled
10  to access to the records specified in this paragraph for the
11  purposes of auditing federal, state, or local housing programs
12  or housing assistance programs. Such records may be used by an
13  agency, as needed, in any administrative or judicial
14  proceeding, provided such records are kept confidential and
15  exempt, unless otherwise ordered by a court.
16         3.  This paragraph is repealed effective October 2,
17  2003, and must be reviewed by the Legislature before that date
18  in accordance with s. 119.15, the Open Government Sunset
19  Review Act of 1995.
20         (cc)  All personal identifying information; bank
21  account numbers; and debit, charge, and credit card numbers
22  contained in records relating to an individual's personal
23  health or eligibility for health-related services made or
24  received by the Department of Health or its service providers
25  are confidential and exempt from the provisions of subsection
26  (1) and s. 24(a), Art. I of the State Constitution, except as
27  otherwise provided in this paragraph.  Information made
28  confidential and exempt by this paragraph shall be disclosed:
29         1.  With the express written consent of the individual
30  or the individual's legally authorized representative.
31  
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 1         2.  In a medical emergency, but only to the extent
 2  necessary to protect the health or life of the individual.
 3         3.  By court order upon a showing of good cause.
 4         4.  To a health research entity, if the entity seeks
 5  the records or data pursuant to a research protocol approved
 6  by the department, maintains the records or data in accordance
 7  with the approved protocol, and enters into a purchase and
 8  data-use agreement with the department, the fee provisions of
 9  which are consistent with subsection (4) paragraph (1)(a). The
10  department may deny a request for records or data if the
11  protocol provides for intrusive follow-back contacts, has not
12  been approved by a human studies institutional review board,
13  does not plan for the destruction of confidential records
14  after the research is concluded, is administratively
15  burdensome, or does not have scientific merit.  The agreement
16  must restrict the release of any information, which would
17  permit the identification of persons, limit the use of records
18  or data to the approved research protocol, and prohibit any
19  other use of the records or data.  Copies of records or data
20  issued pursuant to this subparagraph remain the property of
21  the department.
22  
23  This paragraph is subject to the Open Government Sunset Review
24  Act of 1995, in accordance with s. 119.15, and shall stand
25  repealed on October 2, 2006, unless reviewed and saved from
26  repeal through reenactment by the Legislature.
27         (dd)  Bank account numbers and debit, charge, and
28  credit card numbers held by an agency are exempt from
29  subsection (1) and s. 24(a), Art. I of the State Constitution.
30  This exemption applies to bank account numbers and debit,
31  charge, and credit card numbers held by an agency before, on,
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 1  or after the effective date of this exemption. This paragraph
 2  is subject to the Open Government Sunset Review Act of 1995 in
 3  accordance with s. 119.15, and shall stand repealed on October
 4  2, 2007, unless reviewed and saved from repeal through
 5  reenactment by the Legislature.
 6         (ee)  Building plans, blueprints, schematic drawings,
 7  and diagrams, including draft, preliminary, and final formats,
 8  which depict the internal layout and structural elements of a
 9  building, arena, stadium, water treatment facility, or other
10  structure owned or operated by an agency as defined in s.
11  119.011 are exempt from the provisions of subsection (1) and
12  s. 24(a), Art. I of the State Constitution. This exemption
13  applies to building plans, blueprints, schematic drawings, and
14  diagrams, including draft, preliminary, and final formats,
15  which depict the internal layout and structural elements of a
16  building, arena, stadium, water treatment facility, or other
17  structure owned or operated by an agency before, on, or after
18  the effective date of this act. Information made exempt by
19  this paragraph may be disclosed to another governmental entity
20  if disclosure is necessary for the receiving entity to perform
21  its duties and responsibilities; to a licensed architect,
22  engineer, or contractor who is performing work on or related
23  to the building, arena, stadium, water treatment facility, or
24  other structure owned or operated by an agency; or upon a
25  showing of good cause before a court of competent
26  jurisdiction.  The entities or persons receiving such
27  information shall maintain the exempt status of the
28  information. This paragraph is subject to the Open Government
29  Sunset Review Act of 1995 in accordance with s. 119.15, and
30  shall stand repealed on October 2, 2007, unless reviewed and
31  reenacted by the Legislature.
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 1         (ff)1.  Until January 1, 2006, if a social security
 2  number, made confidential and exempt pursuant to s. 119.0721
 3  s. 119.072, created pursuant to s. 1, ch. 2002-256, passed
 4  during the 2002 regular legislative session, or a complete
 5  bank account, debit, charge, or credit card number made exempt
 6  pursuant to paragraph (dd) s. 119.07(ee), created pursuant to
 7  s. 1, ch. 2002-257, passed during the 2002 regular legislative
 8  session, is or has been included in a court file, such number
 9  may be included as part of the court record available for
10  public inspection and copying unless redaction is requested by
11  the holder of such number, or by the holder's attorney or
12  legal guardian, in a signed, legibly written request
13  specifying the case name, case number, document heading, and
14  page number. The request must be delivered by mail, facsimile,
15  electronic transmission, or in person to the clerk of the
16  circuit court. The clerk of the circuit court does not have a
17  duty to inquire beyond the written request to verify the
18  identity of a person requesting redaction.  A fee may not be
19  charged for the redaction of a social security number or a
20  bank account, debit, charge, or credit card number pursuant to
21  such request.
22         2.  Any person who prepares or files a document to be
23  recorded in the official records by the county recorder as
24  provided in chapter 28 may not include a person's social
25  security number or complete bank account, debit, charge, or
26  credit card number in that document unless otherwise expressly
27  required by law. Until January 1, 2006, if a social security
28  number or a complete bank account, debit, charge or credit
29  card number is or has been included in a document presented to
30  the county recorder for recording in the official records of
31  the county, such number may be made available as part of the
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 1  official record available for public inspection and copying.
 2  Any person, or his or her attorney or legal guardian, may
 3  request that a county recorder remove from an image or copy of
 4  an official record placed on a county recorder's publicly
 5  available Internet website, or a publicly available Internet
 6  website used by a county recorder to display public records
 7  outside the office or otherwise made electronically available
 8  outside the county recorder's office to the general public,
 9  his or her social security number or complete bank account,
10  debit, charge, or credit card number contained in that
11  official record. Such request must be legibly written, signed
12  by the requester, and delivered by mail, facsimile, electronic
13  transmission, or in person to the county recorder. The request
14  must specify the identification page number of the document
15  that contains the number to be redacted. The county recorder
16  does not have a duty to inquire beyond the written request to
17  verify the identity of a person requesting redaction. A fee
18  may not be charged for redacting such numbers.
19         3.  Upon the effective date of this act, subsections
20  (3) and (4) of s. 119.0721 s. 119.072, do not apply to the
21  clerks of the circuit court or the county recorder with
22  respect to court records and official records.
23         4.  On January 1, 2006, and thereafter, the clerk of
24  the circuit court and the county recorder must keep complete
25  bank account, debit, charge, and credit card numbers exempt as
26  provided for in paragraph (dd) s. 119.07(3)(ee), and must keep
27  social security numbers confidential and exempt as provided
28  for in s. 119.0721 s. 119.072, without any person having to
29  request redaction.
30         (gg)  Any videotape or video signal which, under an
31  agreement with an agency, is produced, made, or received by,
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 1  or is in the custody of, a federally licensed radio or
 2  television station or its agent is exempt from this chapter.
 3         (7)(4)  Nothing in this section shall be construed to
 4  exempt from subsection (1) a public record which was made a
 5  part of a court file and which is not specifically closed by
 6  order of court, except as provided in paragraphs (c), (d),
 7  (e), (k), (l), and (o) of subsection (6) (3) and except
 8  information or records which may reveal the identity of a
 9  person who is a victim of a sexual offense as provided in
10  paragraph (f) of subsection (6) (3).
11         (5)  An exemption from this section does not imply an
12  exemption from or exception to s. 286.011.  The exemption from
13  or exception to s. 286.011 must be expressly provided.
14         (8)(6)  Nothing in subsection (6) (3) or any other
15  general or special law shall limit the access of the Auditor
16  General, the Office of Program Policy Analysis and Government
17  Accountability, or any state, county, municipal, university,
18  board of community college, school district, or special
19  district internal auditor to public records when such person
20  states in writing that such records are needed for a properly
21  authorized audit, examination, or investigation. Such person
22  shall maintain the exempt or confidential status
23  confidentiality of a any public record records that is exempt
24  or are confidential or exempt from the provisions of
25  subsection (1), and shall be subject to the same penalties as
26  the custodian custodians of that record those public records
27  for public disclosure of such record violating
28  confidentiality.
29         (7)(a)  Any person or organization, including the
30  Department of Children and Family Services, may petition the
31  court for an order making public the records of the Department
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 1  of Children and Family Services that pertain to investigations
 2  of alleged abuse, neglect, abandonment, or exploitation of a
 3  child or a vulnerable adult. The court shall determine if good
 4  cause exists for public access to the records sought or a
 5  portion thereof. In making this determination, the court shall
 6  balance the best interest of the vulnerable adult or child who
 7  is the focus of the investigation, and in the case of the
 8  child, the interest of that child's siblings, together with
 9  the privacy right of other persons identified in the reports
10  against the public interest. The public interest in access to
11  such records is reflected in s. 119.01(1), and includes the
12  need for citizens to know of and adequately evaluate the
13  actions of the Department of Children and Family Services and
14  the court system in providing vulnerable adults and children
15  of this state with the protections enumerated in ss. 39.001
16  and 415.101.  However, this subsection does not contravene ss.
17  39.202 and 415.107, which protect the name of any person
18  reporting the abuse, neglect, or exploitation of a child or a
19  vulnerable adult.
20         (b)  In cases involving serious bodily injury to a
21  child or a vulnerable adult, the Department of Children and
22  Family Services may petition the court for an order for the
23  immediate public release of records of the department which
24  pertain to the protective investigation. The petition must be
25  personally served upon the child or vulnerable adult, the
26  child's parents or guardian, the legal guardian of that
27  person, if any, and any person named as an alleged perpetrator
28  in the report of abuse, neglect, abandonment, or exploitation.
29  The court must determine if good cause exists for the public
30  release of the records sought no later than 24 hours,
31  excluding Saturdays, Sundays, and legal holidays, after the
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 1  date the department filed the petition with the court. If the
 2  court has neither granted nor denied the petition within the
 3  24-hour time period, the department may release to the public
 4  summary information including:
 5         1.  A confirmation that an investigation has been
 6  conducted concerning the alleged victim.
 7         2.  The dates and brief description of procedural
 8  activities undertaken during the department's investigation.
 9         3.  The date of each judicial proceeding, a summary of
10  each participant's recommendations made at the judicial
11  proceedings, and the rulings of the court.
12  
13  The summary information may not include the name of, or other
14  identifying information with respect to, any person identified
15  in any investigation. In making a determination to release
16  confidential information, the court shall balance the best
17  interests of the vulnerable adult or child who is the focus of
18  the investigation and, in the case of the child, the interests
19  of that child's siblings, together with the privacy rights of
20  other persons identified in the reports against the public
21  interest for access to public records. However, this paragraph
22  does not contravene ss. 39.202 and 415.107, which protect the
23  name of any person reporting abuse, neglect, or exploitation
24  of a child or a vulnerable adult.
25         (c)  When the court determines that good cause for
26  public access exists, the court shall direct that the
27  department redact the name of and other identifying
28  information with respect to any person identified in any
29  protective investigation report until such time as the court
30  finds that there is probable cause to believe that the person
31  
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 1  identified committed an act of alleged abuse, neglect, or
 2  abandonment.
 3         (9)(8)  The provisions of this section are not intended
 4  to expand or limit the provisions of Rule 3.220, Florida Rules
 5  of Criminal Procedure, regarding the right and extent of
 6  discovery by the state or by a defendant in a criminal
 7  prosecution or in collateral postconviction proceedings.  This
 8  section may not be used by any inmate as the basis for failing
 9  to timely litigate any postconviction action.
10         Section 9.  Section 119.08, Florida Statutes, is
11  repealed.
12         Section 10.  Section 119.084, Florida Statutes, is
13  amended to read:
14         119.084  Definitions; copyright of data processing
15  software created by governmental agencies; sale price and
16  licensing fee; access to public records; prohibited
17  contracts.--
18         (1)  As used in this section, the term:
19         (a)  "agency" has the same meaning as in s. 119.011(2),
20  except that the term does not include any private agency,
21  person, partnership, corporation, or business entity.
22         (b)  "Data processing software" means the programs and
23  routines used to employ and control the capabilities of data
24  processing hardware, including, but not limited to, operating
25  systems, compilers, assemblers, utilities, library routines,
26  maintenance routines, applications, and computer networking
27  programs.
28         (c)  "Proprietary software" means data processing
29  software that is protected by copyright or trade secret laws.
30         (2)  Any agency is authorized to acquire and hold
31  copyrights for data processing software created by the agency
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 1  and to enforce its rights pertaining to such copyrights,
 2  provided that the agency complies with the requirements of
 3  this section.
 4         (a)  Any agency that has acquired a copyright for data
 5  processing software created by the agency may sell or license
 6  the copyrighted data processing software to any public agency
 7  or private person and may establish a price for the sale and a
 8  license fee for the use of such data processing software.
 9  Proceeds from the sale or licensing of copyrighted data
10  processing software shall be deposited by the agency into a
11  trust fund for the agency's appropriate use for authorized
12  purposes.  Counties, municipalities, and other political
13  subdivisions of the state may designate how such sale and
14  licensing proceeds are to be used. The price for the sale of
15  and the fee for the licensing of copyrighted data processing
16  software may be based on market considerations. However, the
17  prices or fees for the sale or licensing of copyrighted data
18  processing software to an individual or entity solely for
19  application to information maintained or generated by the
20  agency that created the copyrighted data processing software
21  shall be determined pursuant to s. 119.07(4)(1).
22         (b)  The provisions of this subsection are supplemental
23  to, and shall not supplant or repeal, any other provision of
24  law that authorizes an agency to acquire and hold copyrights.
25         (3)  Subject to the restrictions of copyright and trade
26  secret laws and public records exemptions, agency use of
27  proprietary software must not diminish the right of the public
28  to inspect and copy a public record.
29         (4)  An agency must consider when designing or
30  acquiring an electronic recordkeeping system that such system
31  is capable of providing data in some common format such as,
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 1  but not limited to, the American Standard Code for Information
 2  Interchange.
 3         (5)  Each agency that maintains a public record in an
 4  electronic recordkeeping system shall provide to any person,
 5  pursuant to this chapter, a copy of any public record in that
 6  system which is not exempted by law from public disclosure.
 7  An agency must provide a copy of the record in the medium
 8  requested if the agency maintains the record in that medium,
 9  and the agency may charge a fee which shall be in accordance
10  with this chapter.  For the purpose of satisfying a public
11  records request, the fee to be charged by an agency if it
12  elects to provide a copy of a public record in a medium not
13  routinely used by the agency, or if it elects to compile
14  information not routinely developed or maintained by the
15  agency or that requires a substantial amount of manipulation
16  or programming, must be in accordance with s. 119.07(1)(b).
17         (6)  An agency may not enter into a contract for the
18  creation or maintenance of a public records database if that
19  contract impairs the ability of the public to inspect or copy
20  the public records of that agency, including public records
21  that are on-line or stored in an electronic recordkeeping
22  system used by the agency. Such contract may not allow any
23  impediment that as a practical matter makes it more difficult
24  for the public to inspect or copy the records than to inspect
25  or copy the agency's records. The fees and costs for the
26  production of such records may not be more than the fees or
27  costs charged by the agency.
28         (3)(7)  This section is subject to the Open Government
29  Sunset Review Act of 1995 in accordance with s. 119.15 and
30  shall stand repealed on October 2, 2006, unless reviewed and
31  saved from repeal through reenactment by the Legislature.
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 1         Section 11.  Sections 119.085 and 119.09, Florida
 2  Statutes, are repealed.
 3         Section 12.  Section 119.10, Florida Statutes, is
 4  amended to read:
 5         119.10  Violation of chapter; penalties.--
 6         (1)  Any public officer who violates any provision of
 7  this chapter is guilty of a noncriminal infraction, punishable
 8  by fine not exceeding $500.
 9         (2)  Any person who willfully and knowingly violates:
10  violating
11         (a)  Any of the provisions of this chapter commits is
12  guilty of a misdemeanor of the first degree, punishable as
13  provided in s. 775.082 or s. 775.083.
14         (b)(3)  Section Any person who willfully and knowingly
15  violates s. 119.105 commits a felony of the third degree,
16  punishable as provided in s. 775.082, s. 775.083, or s.
17  775.084.
18         Section 13.  Section 119.105, Florida Statutes, is
19  amended to read:
20         119.105  Protection of victims of crimes or
21  accidents.--Police reports are public records except as
22  otherwise made exempt or confidential by general or special
23  law. Every person is allowed to examine nonexempt or
24  nonconfidential police reports. No person who inspects or
25  copies police reports for the purpose of obtaining the names
26  and addresses of the victims of crimes or accidents shall use
27  any information contained therein for any commercial
28  solicitation of the victims or relatives of the victims of the
29  reported crimes or accidents. Nothing herein shall prohibit
30  the publication of such information by any news media or the
31  
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 1  use of such information for any other data collection or
 2  analysis purposes.
 3         Section 14.  Paragraph (a) of subsection (1) of section
 4  120.55, Florida Statutes, is amended to read:
 5         120.55  Publication.--
 6         (1)  The Department of State shall:
 7         (a)1.  Through a continuous revision system, compile
 8  and publish the "Florida Administrative Code." The Florida
 9  Administrative Code shall contain Publish in a permanent
10  compilation entitled "Florida Administrative Code" all rules
11  adopted by each agency, citing the specific rulemaking
12  authority pursuant to which each rule was adopted, all history
13  notes as authorized in s. 120.545(9), and complete indexes to
14  all rules contained in the code. Supplementation shall be made
15  as often as practicable, but at least monthly.  The department
16  may contract with a publishing firm for the publication, in a
17  timely and useful form, of the Florida Administrative Code;
18  however, the department shall retain responsibility for the
19  code as provided in this section.  This publication shall be
20  the official compilation of the administrative rules of this
21  state.  The Department of State shall retain the copyright
22  over the Florida Administrative Code.
23         2.  Rules general in form but applicable to only one
24  school district, community college district, or county, or a
25  part thereof, or state university rules relating to internal
26  personnel or business and finance shall not be published in
27  the Florida Administrative Code. Exclusion from publication in
28  the Florida Administrative Code shall not affect the validity
29  or effectiveness of such rules.
30         3.  At the beginning of the section of the code dealing
31  with an agency that files copies of its rules with the
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 1  department, the department shall publish the address and
 2  telephone number of the executive offices of each agency, the
 3  manner by which the agency indexes its rules, a listing of all
 4  rules of that agency excluded from publication in the code,
 5  and a statement as to where those rules may be inspected.
 6         4.  Forms shall not be published in the Florida
 7  Administrative Code; but any form which an agency uses in its
 8  dealings with the public, along with any accompanying
 9  instructions, shall be filed with the committee before it is
10  used. Any form or instruction which meets the definition of
11  "rule" provided in s. 120.52 shall be incorporated by
12  reference into the appropriate rule.  The reference shall
13  specifically state that the form is being incorporated by
14  reference and shall include the number, title, and effective
15  date of the form and an explanation of how the form may be
16  obtained.
17         Section 15.  Paragraph (b) of subsection (2) of section
18  257.36, Florida Statutes, is amended to read:
19         257.36  Records and information management.--
20         (2)
21         (b)  Title to any record detained in any records center
22  shall remain in the agency transferring such record to the
23  division. When the Legislature transfers any duty or
24  responsibility of an agency to another agency, the receiving
25  agency shall be the custodian of public records with regard to
26  the public records associated with that transferred duty or
27  responsibility, and shall be responsible for the records
28  storage service charges of the division. If an agency is
29  dissolved and the legislation dissolving that agency does not
30  assign an existing agency as the custodian of public records
31  for the dissolved agency's records, then the Cabinet is the
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 1  custodian of public records for the dissolved agency, unless
 2  the Cabinet otherwise designates a custodian. The Cabinet or
 3  the agency designated by the Cabinet shall be responsible for
 4  the records storage service charges of the division.
 5         Section 16.  Subsection (5) of section 328.15, Florida
 6  Statutes, is amended to read:
 7         328.15  Notice of lien on vessel; recording.--
 8         (5)  The Department of Highway Safety and Motor
 9  Vehicles shall make such rules and regulations as it deems
10  necessary or proper for the effective administration of this
11  law. The department may by rule require that a notice of
12  satisfaction of a lien be notarized. The department shall
13  prepare the forms of the notice of lien and the satisfaction
14  of lien to be supplied, at a charge not to exceed 50 percent
15  more than cost, to applicants for recording the liens or
16  satisfactions and shall keep a permanent record of such
17  notices of lien and satisfactions available for inspection by
18  the public at all reasonable times. The division is authorized
19  to furnish certified copies of such satisfactions for a fee of
20  $1, which certified copies shall be admissible in evidence in
21  all courts of this state under the same conditions and to the
22  same effect as certified copies of other public records.
23         Section 17.  Subsection (4) of section 372.5717,
24  Florida Statutes, is amended to read:
25         372.5717  Hunter safety course; requirements;
26  penalty.--
27         (4)  The commission shall issue a permanent hunter
28  safety certification card to each person who successfully
29  completes the hunter safety course.  The commission shall
30  maintain permanent records of hunter safety certification
31  
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 1  cards issued and shall establish procedures for replacing lost
 2  or destroyed cards.
 3         Section 18.  Section 415.1071, Florida Statutes, is
 4  created to read:
 5         415.1071  Release of confidential information.--
 6         (1)  Any person or organization, including the
 7  Department of Children and Family Services, may petition the
 8  court for an order making public the records of the Department
 9  of Children and Family Services that pertain to investigations
10  of alleged abuse, neglect, or exploitation of a vulnerable
11  adult. The court shall determine if good cause exists for
12  public access to the records sought or a portion thereof. In
13  making this determination, the court shall balance the best
14  interest of the vulnerable adult who is the focus of the
15  investigation together with the privacy right of other persons
16  identified in the reports against the public interest. The
17  public interest in access to such records is reflected in s.
18  119.01(1), and includes the need for citizens to know of and
19  adequately evaluate the actions of the Department of Children
20  and Family Services and the court system in providing
21  vulnerable adults of this state with the protections
22  enumerated in s. 415.101. However, this subsection does not
23  contravene s. 415.107, which protects the name of any person
24  reporting the abuse, neglect, or exploitation of a vulnerable
25  adult.
26         (2)  In cases involving serious bodily injury to a
27  vulnerable adult, the Department of Children and Family
28  Services may petition the court for an order for the immediate
29  public release of records of the department which pertain to
30  the protective investigation. The petition must be personally
31  served upon the vulnerable adult, the legal guardian of that
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 1  person, if any, and any person named as an alleged perpetrator
 2  in the report of abuse, neglect, or exploitation. The court
 3  must determine if good cause exists for the public release of
 4  the records sought no later than 24 hours, excluding
 5  Saturdays, Sundays, and legal holidays, after the date the
 6  department filed the petition with the court. If the court has
 7  neigher granted nor denied the petition within the 24-hour
 8  time period, the department may release to the public summary
 9  information including:
10         (a)  A confirmation that an investigation has been
11  conducted concerning the alleged victim.
12         (b)  The dates and brief description of procedural
13  activities undertaken during the department's investigation.
14         (c)  The date of each judicial proceeding, a summary of
15  each participant's recommendations made at the judicial
16  proceeding, and the ruling of the court.
17  
18  The summary information may not include the name of, or other
19  identifying information with respect to, any person identified
20  in any investigation. In making a determination to release
21  confidential information, the court shall balance the best
22  interests of the vulnerable adult who is the focus of the
23  investigation together with the privacy rights of other
24  persons identified in the reports against the public interest
25  for access to public records. However, this paragraph does not
26  contravene s. 415.107, which protects the name of any person
27  reporting abuse, neglect, or exploitation of a vulnerable
28  adult.
29         (3)  When the court determines that good cause for
30  public access exists, the court shall direct that the
31  department redact the name of and other identifying
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 1  information with respect to any person identified in any
 2  protective investigation report until such time as the court
 3  finds that there is probable cause to believe that the person
 4  identified committed an act of alleged abuse, neglect, or
 5  exploitation.
 6         Section 19.  Subsection (2) of section 560.121, Florida
 7  Statutes, is amended to read:
 8         560.121  Records; limited restrictions upon public
 9  access.--
10         (2)  Examination reports, investigatory records,
11  applications, and related information compiled by the
12  department, or photographic copies thereof, shall be retained
13  by the department for a period of at least 3 10 years from the
14  date that the examination or investigation ceases to be
15  active. Application records, and related information compiled
16  by the department, or photographic copies thereof, shall be
17  retained by the department for a period of at least 2 years
18  from the date that the registration ceases to be active.
19         Section 20.  Subsection (6) of section 560.123, Florida
20  Statutes, is amended to read:
21         560.123  Florida control of money laundering in the
22  Money Transmitters' Code; reports of transactions involving
23  currency or monetary instruments; when required; purpose;
24  definitions; penalties; corpus delicti.--
25         (6)  The department must retain a copy of all reports
26  received under subsection (5) for a minimum of 3 5 calendar
27  years after receipt of the report. However, if a report or
28  information contained in a report is known by the department
29  to be the subject of an existing criminal proceeding, the
30  report must be retained for a minimum of 10 calendar years
31  from the date of receipt.
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 1         Section 21.  Subsection (5) of section 560.129, Florida
 2  Statutes, is amended to read:
 3         560.129  Confidentiality.--
 4         (5)  Examination reports, investigatory records,
 5  applications, and related information compiled by the
 6  department, or photographic copies thereof, shall be retained
 7  by the department for a period of at least 3 10 years from the
 8  date that the examination or investigation ceases to be
 9  active. Application records, and related information compiled
10  by the department, or photographic copies thereof, shall be
11  retained by the department for a period of at least 2 years
12  from the date that the registration ceases to be active.
13         Section 22.  Subsection (3) of section 624.311, Florida
14  Statutes, is amended to read:
15         624.311  Records; reproductions; destruction.--
16         (3)  The department may photograph, microphotograph, or
17  reproduce on film, or maintain in an electronic recordkeeping
18  system whereby each page will be reproduced in exact
19  conformity with the original, all financial records, financial
20  statements of domestic insurers, reports of business
21  transacted in this state by foreign insurers and alien
22  insurers, reports of examination of domestic insurers, and
23  such other records and documents on file in its office as it
24  may in its discretion select.
25         Section 23.  Subsection (1) of section 624.312, Florida
26  Statutes, is amended to read:
27         624.312  Reproductions and certified copies of records
28  as evidence.--
29         (1)  Photographs or microphotographs in the form of
30  film or prints, or other reproductions from an electronic
31  recordkeeping system, of documents and records made under s.
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 1  624.311(3), or made under former s. 624.311(3) before October
 2  1, 1982, shall have the same force and effect as the originals
 3  thereof and shall be treated as originals for the purpose of
 4  their admissibility in evidence.  Duly certified or
 5  authenticated reproductions of such photographs or
 6  microphotographs or reproductions from an electronic
 7  recordkeeping system shall be as admissible in evidence as the
 8  originals.
 9         Section 24.  Subsection (2) of section 633.527, Florida
10  Statutes, is amended to read:
11         633.527  Records concerning applicant; extent of
12  confidentiality.--
13         (2)  All examination test questions, answer sheets, and
14  grades shall be retained for a period of 2 5 years from the
15  date of the examination.
16         Section 25.  Subsection (8) of section 655.50, Florida
17  Statutes, is amended to read:
18         655.50  Florida Control of Money Laundering in
19  Financial Institutions Act; reports of transactions involving
20  currency or monetary instruments; when required; purpose;
21  definitions; penalties.--
22         (8)(a)  The department shall retain a copy of all
23  reports received under subsection (4) for a minimum of 5
24  calendar years after receipt of the report. However, if a
25  report or information contained in a report is known by the
26  department to be the subject of an existing criminal
27  proceeding, the report shall be retained for a minimum of 10
28  calendar years after receipt of the report.
29         (a)(b)  Each financial institution shall maintain for a
30  minimum of 5 calendar years full and complete records of all
31  
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 1  financial transactions, including all records required by 31
 2  C.F.R. parts 103.33 and 103.34.
 3         (b)(c)  The financial institution shall retain a copy
 4  of all reports filed with the department under subsection (4)
 5  for a minimum of 5 calendar years after submission of the
 6  report. However, if a report or information contained in a
 7  report is known by the financial institution to be the subject
 8  of an existing criminal proceeding, the report shall be
 9  retained for a minimum of 10 calendar years after submission
10  of the report.
11         (c)(d)  The financial institution shall retain a copy
12  of all records of exemption for each designation of exempt
13  person made pursuant to subsection (6) for a minimum of 5
14  calendar years after termination of exempt status of such
15  customer. However, if it is known by the financial institution
16  that the customer or the transactions of the customer are the
17  subject of an existing criminal proceeding, the records shall
18  be retained for a minimum of 10 calendar years after
19  termination of exempt status of such customer.
20         Section 26.  Section 945.25, Florida Statutes, is
21  amended to read:
22         945.25  Records.--
23         (1)  It shall be the duty of the Department of
24  Corrections to obtain and place in its permanent records
25  information as complete as practicable may be practicably
26  available on every person who may be sentenced to supervision
27  or incarceration under the jurisdiction of the department
28  become subject to parole.  Such information shall be obtained
29  as soon as possible after imposition of sentence and shall, in
30  the discretion of the department, include, among other things:
31  
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 1         (a)  A copy of the indictment or information and a
 2  complete statement of the facts of the crime for which such
 3  person has been sentenced.
 4         (b)  The court in which the person was sentenced.
 5         (c)  The terms of the sentence.
 6         (d)  The name of the presiding judge, the prosecuting
 7  officers, the investigating officers, and the attorneys for
 8  the person convicted.
 9         (e)  A copy of all probation reports which may have
10  been made.
11         (f)  Any social, physical, mental, psychiatric, or
12  criminal record of such person.
13         (2)  The department, in its discretion, shall also
14  obtain and place in its permanent records such information on
15  every person who may be placed on probation, and on every
16  person who may become subject to pardon and commutation of
17  sentence.
18         (2)(3)  It shall be the duty of the court and its
19  prosecuting officials to furnish to the department upon its
20  request such information and also to furnish such copies of
21  such minutes and other records as may be in their possession
22  or under their control.
23         (3)(4)  Following the initial hearing provided for in
24  s. 947.172(1), the commission shall prepare and the department
25  shall include in the official record a copy of the
26  seriousness-of-offense and favorable-parole-outcome scores and
27  shall include a listing of the specific factors and
28  information used in establishing a presumptive parole release
29  date for the inmate.
30         Section 27.  Paragraph (e) of subsection (4) of section
31  985.31, Florida Statutes, is amended to read:
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 1         985.31  Serious or habitual juvenile offender.--
 2         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
 3         (e)  The results of any serologic blood or urine test
 4  on a serious or habitual juvenile offender shall become a part
 5  of that child's permanent medical file. Upon transfer of the
 6  child to any other designated treatment facility, such file
 7  shall be transferred in an envelope marked confidential. The
 8  results of any test designed to identify the human
 9  immunodeficiency virus, or its antigen or antibody, shall be
10  accessible only to persons designated by rule of the
11  department. The provisions of such rule shall be consistent
12  with the guidelines established by the Centers for Disease
13  Control and Prevention.
14         Section 28.  Paragraph (d) of subsection (6) of section
15  212.095, Florida Statutes, is repealed.
16         Section 29.  Subsection (9) of section 238.03, Florida
17  Statutes, is repealed.
18         Section 30.  Paragraph (a) of subsection (5) of section
19  15.09, Florida Statutes, is amended to read:
20         15.09  Fees.--
21         (5)(a)  There is created within the Department of State
22  a Public Access Data Systems Trust Fund, which shall be used
23  by the department to purchase information systems and
24  equipment that provide greater public accessibility to the
25  information and records maintained by it. Notwithstanding any
26  other provision of law, the Divisions of Licensing, Elections,
27  and Corporations of the department shall transfer each fiscal
28  year to the Public Access Data Systems Trust Fund from their
29  respective trust funds:
30  
31  
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 1         1.  An amount equal to 2 percent of all revenues
 2  received for the processing of documents, filings, or
 3  information requests.
 4         2.  All public access network revenues collected
 5  pursuant to s. 15.16 or s. 119.01(2)(f) 119.085.
 6         Section 31.  Paragraph (f) of subsection (1) of section
 7  23.22, Florida Statutes, is amended to read:
 8         23.22  Paperwork reduction; activities of
 9  departments.--
10         (1)  In order to reduce the amount of paperwork
11  associated with the collection of information from
12  individuals, private-sector organizations, and local
13  governments and to provide more efficient and effective
14  assistance to such individuals and organizations in completing
15  necessary paperwork required by the government, each
16  department head shall, to the extent feasible:
17         (f)  Collaborate with the Division of Library and
18  Information Services, pursuant to s. 119.021(2)(d) 119.09, to
19  identify and index records retention requirements placed on
20  private-sector organizations and local governments in Florida,
21  clarify and reduce the requirements, and educate the affected
22  entities through various communications media, including
23  voice, data, video, radio, and image.
24         Section 32.  Paragraph (d) of subsection (1) of section
25  101.5607, Florida Statutes, is amended to read:
26         101.5607  Department of State to maintain voting system
27  information; prepare software.--
28         (1)
29         (d)  Section 119.07(6)(3)(o) applies to all software on
30  file with the Department of State.
31  
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 1         Section 33.  Paragraph (b) of subsection (2) of section
 2  112.533, Florida Statutes, is amended to read:
 3         112.533  Receipt and processing of complaints.--
 4         (2)
 5         (b)  This subsection does not apply to any public
 6  record which is exempt from public disclosure pursuant to s.
 7  119.07(6)(3). For the purposes of this subsection, an
 8  investigation shall be considered active as long as it is
 9  continuing with a reasonable, good faith anticipation that an
10  administrative finding will be made in the foreseeable future.
11  An investigation shall be presumed to be inactive if no
12  finding is made within 45 days after the complaint is filed.
13         Section 34.  Paragraph (e) of subsection (2) of section
14  1012.31, Florida Statutes, is amended to read:
15         1012.31  Personnel files.--Public school system
16  employee personnel files shall be maintained according to the
17  following provisions:
18         (2)
19         (e)  Upon request, an employee, or any person
20  designated in writing by the employee, shall be permitted to
21  examine the personnel file of such employee.  The employee
22  shall be permitted conveniently to reproduce any materials in
23  the file, at a cost no greater than the fees prescribed in s.
24  119.07(4)(1).
25         Section 35.  Subsection (1) of section 257.34, Florida
26  Statutes, is amended to read:
27         257.34  Florida International Archive and Repository.--
28         (1)  There is created within the Division of Library
29  and Information Services of the Department of State the
30  Florida International Archive and Repository for the
31  preservation of those public records, as defined in s.
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 1  119.011(11)(1), manuscripts, international judgments involving
 2  disputes between domestic and foreign businesses, and all
 3  other public matters that the department or the Florida
 4  Council of International Development deems relevant to
 5  international issues. It is the duty and responsibility of the
 6  division to:
 7         (a)  Organize and administer the Florida International
 8  Archive and Repository.
 9         (b)  Preserve and administer records that are
10  transferred to its custody; accept, arrange, and preserve
11  them, according to approved archival and repository practices;
12  and permit them, at reasonable times and under the supervision
13  of the division, to be inspected, examined, and copied. All
14  public records transferred to the custody of the division are
15  subject to the provisions of s. 119.07(1).
16         (c)  Assist the records and information management
17  program in the determination of retention values for records.
18         (d)  Cooperate with and assist, insofar as practicable,
19  state institutions, departments, agencies, counties,
20  municipalities, and individuals engaged in internationally
21  related activities.
22         (e)  Provide a public research room where, under rules
23  established by the division, the materials in the
24  international archive and repository may be studied.
25         (f)  Conduct, promote, and encourage research in
26  international trade, government, and culture and maintain a
27  program of information, assistance, coordination, and guidance
28  for public officials, educational institutions, libraries, the
29  scholarly community, and the general public engaged in such
30  research.
31  
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 1         (g)  Cooperate with and, insofar as practicable, assist
 2  agencies, libraries, institutions, and individuals in projects
 3  concerned with internationally related issues and preserve
 4  original materials relating to internationally related issues.
 5         (h)  Assist and cooperate with the records and
 6  information management program in the training and information
 7  program described in s. 257.36(1)(g).
 8         Section 36.  Subsection (1) of section 257.35, Florida
 9  Statutes, is amended to read:
10         257.35  Florida State Archives.--
11         (1)  There is created within the Division of Library
12  and Information Services of the Department of State the
13  Florida State Archives for the preservation of those public
14  records, as defined in s. 119.011(11)(1), manuscripts, and
15  other archival material that have been determined by the
16  division to have sufficient historical or other value to
17  warrant their continued preservation and have been accepted by
18  the division for deposit in its custody. It is the duty and
19  responsibility of the division to:
20         (a)  Organize and administer the Florida State
21  Archives.
22         (b)  Preserve and administer such records as shall be
23  transferred to its custody; accept, arrange, and preserve
24  them, according to approved archival practices; and permit
25  them, at reasonable times and under the supervision of the
26  division, to be inspected, examined, and copied.  All public
27  records transferred to the custody of the division shall be
28  subject to the provisions of s. 119.07(1), except that any
29  public record or other record provided by law to be
30  confidential or prohibited from inspection by the public shall
31  be made accessible only after a period of 50 years from the
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 1  date of the creation of the record.  Any nonpublic manuscript
 2  or other archival material which is placed in the keeping of
 3  the division under special terms and conditions, shall be made
 4  accessible only in accordance with such law terms and
 5  conditions and shall be exempt from the provisions of s.
 6  119.07(1) to the extent necessary to meet the terms and
 7  conditions for a nonpublic manuscript or other archival
 8  material.
 9         (c)  Assist the records and information management
10  program in the determination of retention values for records.
11         (d)  Cooperate with and assist insofar as practicable
12  state institutions, departments, agencies, counties,
13  municipalities, and individuals engaged in activities in the
14  field of state archives, manuscripts, and history and accept
15  from any person any paper, book, record, or similar material
16  which in the judgment of the division warrants preservation in
17  the state archives.
18         (e)  Provide a public research room where, under rules
19  established by the division, the materials in the state
20  archives may be studied.
21         (f)  Conduct, promote, and encourage research in
22  Florida history, government, and culture and maintain a
23  program of information, assistance, coordination, and guidance
24  for public officials, educational institutions, libraries, the
25  scholarly community, and the general public engaged in such
26  research.
27         (g)  Cooperate with and, insofar as practicable, assist
28  agencies, libraries, institutions, and individuals in projects
29  designed to preserve original source materials relating to
30  Florida history, government, and culture and prepare and
31  publish handbooks, guides, indexes, and other literature
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 1  directed toward encouraging the preservation and use of the
 2  state's documentary resources.
 3         (h)  Encourage and initiate efforts to preserve,
 4  collect, process, transcribe, index, and research the oral
 5  history of Florida government.
 6         (i)  Assist and cooperate with the records and
 7  information management program in the training and information
 8  program described in s. 257.36(1)(g).
 9         Section 37.  Section 282.21, Florida Statutes, is
10  amended to read:
11         282.21  The State Technology Office's electronic access
12  services.--The State Technology Office may collect fees for
13  providing remote electronic access pursuant to s. 119.01(2)(f)
14  119.085. The fees may be imposed on individual transactions or
15  as a fixed subscription for a designated period of time.  All
16  fees collected under this section shall be deposited in the
17  appropriate trust fund of the program or activity that made
18  the remote electronic access available.
19         Section 38.  Paragraph (h) of subsection (2) of section
20  287.0943, Florida Statutes, is amended to read:
21         287.0943  Certification of minority business
22  enterprises.--
23         (2)
24         (h)  The certification procedures should allow an
25  applicant seeking certification to designate on the
26  application form the information the applicant considers to be
27  proprietary, confidential business information. As used in
28  this paragraph, "proprietary, confidential business
29  information" includes, but is not limited to, any information
30  that would be exempt from public inspection pursuant to the
31  provisions of s. 119.07(6)(3); trade secrets; internal
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 1  auditing controls and reports; contract costs; or other
 2  information the disclosure of which would injure the affected
 3  party in the marketplace or otherwise violate s. 286.041. The
 4  executor in receipt of the application shall issue written and
 5  final notice of any information for which noninspection is
 6  requested but not provided for by law.
 7         Section 39.  Subsection (1) of section 320.05, Florida
 8  Statutes, is amended to read:
 9         320.05  Records of the department; inspection
10  procedure; lists and searches; fees.--
11         (1)  Except as provided in ss. 119.07(6)(3) and
12  320.025(3), the department may release records as provided in
13  this section.
14         Section 40.  Subsection (8) of section 322.20, Florida
15  Statutes, is amended to read:
16         322.20  Records of the department; fees; destruction of
17  records.--
18         (8)  Except as provided in s. 119.07(6)(3), the
19  department may release records as provided in this section.
20         Section 41.  Paragraph (b) of subsection (2) of section
21  338.223, Florida Statutes, is amended to read:
22         338.223  Proposed turnpike projects.--
23         (2)
24         (b)  In accordance with the legislative intent
25  expressed in s. 337.273, and after the requirements of
26  paragraph (1)(c) have been met, the department may acquire
27  lands and property before making a final determination of the
28  economic feasibility of a project. The requirements of
29  paragraph (1)(c) do not apply to hardship and protective
30  purchases of advance right-of-way by the department. The cost
31  of advance acquisition of right-of-way may be paid from bonds
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 1  issued under s. 337.276 or from turnpike revenues. For
 2  purposes of this paragraph, the term "hardship purchase" means
 3  purchase from a property owner of a residential dwelling of
 4  not more than four units who is at a disadvantage due to
 5  health impairment, job loss, or significant loss of rental
 6  income. For purposes of this paragraph, the term "protective
 7  purchase" means that a purchase to limit development,
 8  building, or other intensification of land uses within the
 9  area right-of-way is needed for transportation facilities. The
10  department shall give written notice to the Department of
11  Environmental Protection 30 days before final agency
12  acceptance as set forth in s. 119.07(6)(3)(n), which notice
13  shall allow the Department of Environmental Protection to
14  comment. Hardship and protective purchases of right-of-way
15  shall not influence the environmental feasibility of a
16  project, including the decision relative to the need to
17  construct the project or the selection of a specific location.
18  Costs to acquire and dispose of property acquired as hardship
19  and protective purchases are considered costs of doing
20  business for the department and are not to be considered in
21  the determination of environmental feasibility for the
22  project.
23         Section 42.  Paragraph (a) of subsection (1) of section
24  378.406, Florida Statutes, is amended to read:
25         378.406  Confidentiality of records; availability of
26  information.--
27         (1)(a)  Any information relating to prospecting, rock
28  grades, or secret processes or methods of operation which may
29  be required, ascertained, or discovered by inspection or
30  investigation shall be exempt from the provisions of s.
31  119.07(1), shall not be disclosed in public hearings, and
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 1  shall be kept confidential by any member, officer, or employee
 2  of the department, if the applicant requests the department to
 3  keep such information confidential and informs the department
 4  of the basis for such confidentiality. Should the secretary
 5  determine that such information requested to be kept
 6  confidential shall not be kept confidential, the secretary
 7  shall provide the operator with not less than 30 days' notice
 8  of his or her intent to release the information. When making
 9  his or her determination, the secretary shall consider the
10  public purposes specified in s. 119.15(4)(b) 119.14(4)(b).
11         Section 43.  Paragraph (c) of subsection (1) of section
12  400.0077, Florida Statutes, is amended to read:
13         400.0077  Confidentiality.--
14         (1)  The following are confidential and exempt from the
15  provisions of s. 119.07(1):
16         (c)  Any other information about a complaint, including
17  any problem identified by an ombudsman council as a result of
18  an investigation, unless an ombudsman council determines that
19  the information does not meet any of the criteria specified in
20  s. 119.15(4)(b) 119.14(4)(b); or unless the information is to
21  collect data for submission to those entities specified in s.
22  712(c) of the federal Older Americans Act for the purpose of
23  identifying and resolving significant problems.
24         Section 44.  Subsection (5) of section 401.27, Florida
25  Statutes, is amended to read:
26         401.27  Personnel; standards and certification.--
27         (5)  The certification examination must be offered
28  monthly.  The department shall issue an examination admission
29  notice to the applicant advising him or her of the time and
30  place of the examination for which he or she is scheduled.
31  Individuals achieving a passing score on the certification
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 1  examination may be issued a temporary certificate with their
 2  examination grade report.  The department must issue an
 3  original certification within 45 days after the examination.
 4  Examination questions and answers are not subject to discovery
 5  but may be introduced into evidence and considered only in
 6  camera in any administrative proceeding under chapter 120. If
 7  an administrative hearing is held, the department shall
 8  provide challenged examination questions and answers to the
 9  administrative law judge. The department shall establish by
10  rule the procedure by which an applicant, and the applicant's
11  attorney, may review examination questions and answers in
12  accordance with s. 119.07(6)(3)(a).
13         Section 45.  Subsection (1) of section 403.111, Florida
14  Statutes, is amended to read:
15         403.111  Confidential records.--
16         (1)  Any information, other than effluent data and
17  those records described in 42 U.S.C. s. 7661a(b)(8), relating
18  to secret processes or secret methods of manufacture or
19  production, or relating to costs of production, profits, or
20  other financial information which is otherwise not public
21  record, which may be required, ascertained, or discovered by
22  inspection or investigation shall be exempt from the
23  provisions of s. 119.07(1), shall not be disclosed in public
24  hearings, and shall be kept confidential by any member,
25  officer, or employee of the department, upon a showing
26  satisfactory to the department that the information should be
27  kept confidential.  The person from whom the information is
28  obtained must request that the department keep such
29  information confidential and must inform the department of the
30  basis for the claim of confidentiality.  The department shall,
31  subject to notice and opportunity for hearing, determine
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 1  whether the information requested to be kept confidential
 2  should or should not be kept confidential.  The department
 3  shall determine whether the information submitted should be
 4  kept confidential pursuant to the public purpose test as
 5  stated in s. 119.15(4)(b)3. 119.14(4)(b)3.
 6         Section 46.  Section 409.2577, Florida Statutes, is
 7  amended to read:
 8         409.2577  Parent locator service.--The department shall
 9  establish a parent locator service to assist in locating
10  parents who have deserted their children and other persons
11  liable for support of dependent children.  The department
12  shall use all sources of information available, including the
13  Federal Parent Locator Service, and may request and shall
14  receive information from the records of any person or the
15  state or any of its political subdivisions or any officer
16  thereof. Any agency as defined in s. 120.52, any political
17  subdivision, and any other person shall, upon request, provide
18  the department any information relating to location, salary,
19  insurance, social security, income tax, and employment history
20  necessary to locate parents who owe or potentially owe a duty
21  of support pursuant to Title IV-D of the Social Security Act.
22  This provision shall expressly take precedence over any other
23  statutory nondisclosure provision which limits the ability of
24  an agency to disclose such information, except that law
25  enforcement information as provided in s. 119.07(6)(3)(i) is
26  not required to be disclosed, and except that confidential
27  taxpayer information possessed by the Department of Revenue
28  shall be disclosed only to the extent authorized in s.
29  213.053(15).  Nothing in this section requires the disclosure
30  of information if such disclosure is prohibited by federal
31  law. Information gathered or used by the parent locator
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 1  service is confidential and exempt from the provisions of s.
 2  119.07(1). Additionally, the department is authorized to
 3  collect any additional information directly bearing on the
 4  identity and whereabouts of a person owing or asserted to be
 5  owing an obligation of support for a dependent child. The
 6  department shall, upon request, make information available
 7  only to public officials and agencies of this state; political
 8  subdivisions of this state, including any agency thereof
 9  providing child support enforcement services to non-Title IV-D
10  clients; the custodial parent, legal guardian, attorney, or
11  agent of the child; and other states seeking to locate parents
12  who have deserted their children and other persons liable for
13  support of dependents, for the sole purpose of establishing,
14  modifying, or enforcing their liability for support, and shall
15  make such information available to the Department of Children
16  and Family Services for the purpose of diligent search
17  activities pursuant to chapter 39. If the department has
18  reasonable evidence of domestic violence or child abuse and
19  the disclosure of information could be harmful to the
20  custodial parent or the child of such parent, the child
21  support program director or designee shall notify the
22  Department of Children and Family Services and the Secretary
23  of the United States Department of Health and Human Services
24  of this evidence. Such evidence is sufficient grounds for the
25  department to disapprove an application for location services.
26         Section 47.  Subsection (6) of section 455.219, Florida
27  Statutes, is amended to read:
28         455.219  Fees; receipts; disposition; periodic
29  management reports.--
30         (6)  The department or the appropriate board shall
31  charge a fee not to exceed $25 for the certification of a
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 1  public record.  The fee shall be determined by rule of the
 2  department. The department or the appropriate board shall
 3  assess a fee for duplication of a public record as provided in
 4  s. 119.07(4)(1)(a) and (b).
 5         Section 48.  Subsection (11) of section 456.025,
 6  Florida Statutes, is amended to read:
 7         456.025  Fees; receipts; disposition.--
 8         (11)  The department or the appropriate board shall
 9  charge a fee not to exceed $25 for the certification of a
10  public record. The fee shall be determined by rule of the
11  department. The department or the appropriate board shall
12  assess a fee for duplicating a public record as provided in s.
13  119.07(4)(1)(a) and (b).
14         Section 49.  Paragraph (l) of subsection (3) of section
15  627.311, Florida Statutes, is amended to read:
16         627.311  Joint underwriters and joint reinsurers.--
17         (3)  The department may, after consultation with
18  insurers licensed to write automobile insurance in this state,
19  approve a joint underwriting plan for purposes of equitable
20  apportionment or sharing among insurers of automobile
21  liability insurance and other motor vehicle insurance, as an
22  alternate to the plan required in s. 627.351(1).  All insurers
23  authorized to write automobile insurance in this state shall
24  subscribe to the plan and participate therein.  The plan shall
25  be subject to continuous review by the department which may at
26  any time disapprove the entire plan or any part thereof if it
27  determines that conditions have changed since prior approval
28  and that in view of the purposes of the plan changes are
29  warranted. Any disapproval by the department shall be subject
30  to the provisions of chapter 120.  If adopted, the plan and
31  the association created under the plan:
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 1         (l)1.  Shall be subject to the public records
 2  requirements of chapter 119 and the public meeting
 3  requirements of s. 286.011.  However, the following records of
 4  the Florida Automobile Joint Underwriting Association are
 5  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 6  of the State Constitution:
 7         a.  Underwriting files, except that a policyholder or
 8  an applicant shall have access to his or her own underwriting
 9  files.
10         b.  Claims files, until termination of all litigation
11  and settlement of all claims arising out of the same incident,
12  although portions of the claims files may remain exempt, as
13  otherwise provided by law. Confidential and exempt claims file
14  records may be released to other governmental agencies upon
15  written request and demonstration of need; such records held
16  by the receiving agency remain confidential and exempt as
17  provided by this paragraph.
18         c.  Records obtained or generated by an internal
19  auditor pursuant to a routine audit, until the audit is
20  completed or, if the audit is conducted as part of an
21  investigation, until the investigation is closed or ceases to
22  be active.  An investigation is considered "active" while the
23  investigation is being conducted with a reasonable, good faith
24  belief that it could lead to the filing of administrative,
25  civil, or criminal proceedings.
26         d.  Matters reasonably encompassed in privileged
27  attorney-client communications.
28         e.  Proprietary information licensed to the association
29  under contract when the contract provides for the
30  confidentiality of such proprietary information.
31  
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 1         f.  All information relating to the medical condition
 2  or medical status of an association employee which is not
 3  relevant to the employee's capacity to perform his or her
 4  duties, except as otherwise provided in this paragraph.
 5  Information which is exempt shall include, but is not limited
 6  to, information relating to workers' compensation, insurance
 7  benefits, and retirement or disability benefits.
 8         g.  All records relative to an employee's participation
 9  in an employee assistance program designed to assist any
10  employee who has a behavioral or medical disorder, substance
11  abuse problem, or emotional difficulty which affects the
12  employee's job performance, except as otherwise provided in s.
13  112.0455(11).
14         h.  Information relating to negotiations for financing,
15  reinsurance, depopulation, or contractual services, until the
16  conclusion of the negotiations.
17         i.  Minutes of closed meetings regarding underwriting
18  files, and minutes of closed meetings regarding an open claims
19  file until termination of all litigation and settlement of all
20  claims with regard to that claim, except that information
21  otherwise confidential or exempt by law must be redacted.
22  
23  When an authorized insurer is considering underwriting a risk
24  insured by the association, relevant underwriting files and
25  confidential claims files may be released to the insurer
26  provided the insurer agrees in writing, notarized and under
27  oath, to maintain the confidentiality of such files.  When a
28  file is transferred to an insurer, that file is no longer a
29  public record because it is not held by an agency subject to
30  the provisions of the public records law. The association may
31  make the following information obtained from underwriting
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 1  files and confidential claims files available to licensed
 2  general lines insurance agents:  name, address, and telephone
 3  number of the automobile owner or insured; location of the
 4  risk; rating information; loss history; and policy type.  The
 5  receiving licensed general lines insurance agent must retain
 6  the confidentiality of the information received.
 7         2.  Portions of meetings of the Florida Automobile
 8  Joint Underwriting Association during which confidential
 9  underwriting files or confidential open claims files are
10  discussed are exempt from the provisions of s. 286.011 and s.
11  24(b), Art. I of the State Constitution.  All portions of
12  association meetings which are closed to the public shall be
13  recorded by a court reporter.  The court reporter shall record
14  the times of commencement and termination of the meeting, all
15  discussion and proceedings, the names of all persons present
16  at any time, and the names of all persons speaking.  No
17  portion of any closed meeting shall be off the record.
18  Subject to the provisions of this paragraph and s.
19  119.07(1)(b)-(d)(2)(a), the court reporter's notes of any
20  closed meeting shall be retained by the association for a
21  minimum of 5 years.  A copy of the transcript, less any exempt
22  matters, of any closed meeting during which claims are
23  discussed shall become public as to individual claims after
24  settlement of the claim.
25  
26  This paragraph is subject to the Open Government Sunset Review
27  Act of 1995 in accordance with s. 119.15, and shall stand
28  repealed on October 2, 2003, unless reviewed and saved from
29  repeal through reenactment by the Legislature.
30         Section 50.  Paragraph (n) of subsection (6) of section
31  627.351, Florida Statutes, is amended to read:
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 1         627.351  Insurance risk apportionment plans.--
 2         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
 3         (n)1.  The following records of the corporation are
 4  confidential and exempt from the provisions of s. 119.07(1)
 5  and s. 24(a), Art. I of the State Constitution:
 6         a.  Underwriting files, except that a policyholder or
 7  an applicant shall have access to his or her own underwriting
 8  files.
 9         b.  Claims files, until termination of all litigation
10  and settlement of all claims arising out of the same incident,
11  although portions of the claims files may remain exempt, as
12  otherwise provided by law. Confidential and exempt claims file
13  records may be released to other governmental agencies upon
14  written request and demonstration of need; such records held
15  by the receiving agency remain confidential and exempt as
16  provided for herein.
17         c.  Records obtained or generated by an internal
18  auditor pursuant to a routine audit, until the audit is
19  completed, or if the audit is conducted as part of an
20  investigation, until the investigation is closed or ceases to
21  be active.  An investigation is considered "active" while the
22  investigation is being conducted with a reasonable, good faith
23  belief that it could lead to the filing of administrative,
24  civil, or criminal proceedings.
25         d.  Matters reasonably encompassed in privileged
26  attorney-client communications.
27         e.  Proprietary information licensed to the corporation
28  under contract and the contract provides for the
29  confidentiality of such proprietary information.
30         f.  All information relating to the medical condition
31  or medical status of a corporation employee which is not
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 1  relevant to the employee's capacity to perform his or her
 2  duties, except as otherwise provided in this paragraph.
 3  Information which is exempt shall include, but is not limited
 4  to, information relating to workers' compensation, insurance
 5  benefits, and retirement or disability benefits.
 6         g.  Upon an employee's entrance into the employee
 7  assistance program, a program to assist any employee who has a
 8  behavioral or medical disorder, substance abuse problem, or
 9  emotional difficulty which affects the employee's job
10  performance, all records relative to that participation shall
11  be confidential and exempt from the provisions of s. 119.07(1)
12  and s. 24(a), Art. I of the State Constitution, except as
13  otherwise provided in s. 112.0455(11).
14         h.  Information relating to negotiations for financing,
15  reinsurance, depopulation, or contractual services, until the
16  conclusion of the negotiations.
17         i.  Minutes of closed meetings regarding underwriting
18  files, and minutes of closed meetings regarding an open claims
19  file until termination of all litigation and settlement of all
20  claims with regard to that claim, except that information
21  otherwise confidential or exempt by law will be redacted.
22  
23  When an authorized insurer is considering underwriting a risk
24  insured by the corporation, relevant underwriting files and
25  confidential claims files may be released to the insurer
26  provided the insurer agrees in writing, notarized and under
27  oath, to maintain the confidentiality of such files.  When a
28  file is transferred to an insurer that file is no longer a
29  public record because it is not held by an agency subject to
30  the provisions of the public records law. Underwriting files
31  and confidential claims files may also be released to staff of
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 1  and the board of governors of the market assistance plan
 2  established pursuant to s. 627.3515, who must retain the
 3  confidentiality of such files, except such files may be
 4  released to authorized insurers that are considering assuming
 5  the risks to which the files apply, provided the insurer
 6  agrees in writing, notarized and under oath, to maintain the
 7  confidentiality of such files.  Finally, the corporation or
 8  the board or staff of the market assistance plan may make the
 9  following information obtained from underwriting files and
10  confidential claims files available to licensed general lines
11  insurance agents: name, address, and telephone number of the
12  residential property owner or insured; location of the risk;
13  rating information; loss history; and policy type.  The
14  receiving licensed general lines insurance agent must retain
15  the confidentiality of the information received.
16         2.  Portions of meetings of the corporation are exempt
17  from the provisions of s. 286.011 and s. 24(b), Art. I of the
18  State Constitution wherein confidential underwriting files or
19  confidential open claims files are discussed.  All portions of
20  corporation meetings which are closed to the public shall be
21  recorded by a court reporter. The court reporter shall record
22  the times of commencement and termination of the meeting, all
23  discussion and proceedings, the names of all persons present
24  at any time, and the names of all persons speaking.  No
25  portion of any closed meeting shall be off the record.
26  Subject to the provisions hereof and s.
27  119.07(1)(b)-(d)(2)(a), the court reporter's notes of any
28  closed meeting shall be retained by the corporation for a
29  minimum of 5 years. A copy of the transcript, less any exempt
30  matters, of any closed meeting wherein claims are discussed
31  
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 1  shall become public as to individual claims after settlement
 2  of the claim.
 3         Section 51.  Subsection (1) of section 633.527, Florida
 4  Statutes, is amended to read:
 5         633.527  Records concerning applicant; extent of
 6  confidentiality.--
 7         (1)  Test material is made confidential by s.
 8  119.07(6)(3)(a). An applicant may waive in writing the
 9  confidentiality of his or her examination answer sheet for the
10  purpose of discussion with the State Fire Marshal or his or
11  her staff.
12         Section 52.  Paragraph (m) of subsection (2) of section
13  668.50, Florida Statutes, is amended to read:
14         668.50  Uniform Electronic Transaction Act.--
15         (2)  DEFINITIONS.--As used in this section:
16         (m)  "Record" means information that is inscribed on a
17  tangible medium or that is stored in an electronic or other
18  medium and is retrievable in perceivable form, including
19  public records as defined in s. 119.011(11)(1).
20         Section 53.  Subsection (1) of section 794.024, Florida
21  Statutes, is amended to read:
22         794.024  Unlawful to disclose identifying
23  information.--
24         (1)  A public employee or officer who has access to the
25  photograph, name, or address of a person who is alleged to be
26  the victim of an offense described in this chapter, chapter
27  800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and
28  knowingly disclose it to a person who is not assisting in the
29  investigation or prosecution of the alleged offense or to any
30  person other than the defendant, the defendant's attorney, a
31  person specified in an order entered by the court having
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 1  jurisdiction of the alleged offense, or organizations
 2  authorized to receive such information made exempt by s.
 3  119.07(6)(3)(f), or to a rape crisis center or sexual assault
 4  counselor, as defined in s. 90.5035(1)(b), who will be
 5  offering services to the victim.
 6         Section 54.  For the purpose of incorporating the
 7  amendments to section 945.25, Florida Statutes, in a reference
 8  thereto, paragraph (a) of subsection (2) of section 947.13,
 9  Florida Statutes, is reenacted to read:
10         947.13  Powers and duties of commission.--
11         (2)(a)  The commission shall immediately examine
12  records of the department under s. 945.25, and any other
13  records which it obtains, and may make such other
14  investigations as may be necessary.
15         Section 55.  This act shall take effect July 1, 2003.
16  
17            *****************************************
18                          SENATE SUMMARY
19    Reorganizes various provisions of chapter 119, F.S.,
      which governs the maintenance and dissemination of public
20    records by state agencies and local governments. (See
      bill for details.)
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
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