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.

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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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