HB 1147

1	A bill to be entitled
2	An act relating to public records; creating s. 39.2021,
3	F.S.; authorizing a petition for an order to make public
4	records pertaining to certain investigations by the
5	Department of Children and Family Services; amending s.
6	119.01, F.S.; establishing state policy with respect to
7	public records; requiring governmental agencies to
8	consider certain factors in designing or acquiring
9	electronic recordkeeping systems; providing certain
10	restrictions with respect to electronic recordkeeping
11	systems and proprietary software; requiring governmental
12	agencies to provide copies of public records stored in
13	electronic recordkeeping systems; authorizing agencies to
14	charge a fee for such copies; specifying circumstances
15	under which the financial, business, and membership
16	records of an organization are public records; amending s.
17	119.011, F.S.; providing definitions; correcting cross
18	references; repealing ss. 119.0115, 119.012, and 119.02,
19	F.S., relating to specified exemption for certain
20	videotapes and video signals, records made public by the
21	use of public funds, and penalties for violation of public
22	records requirements by a public officer; amending s.
23	119.021, F.S.; providing requirements for governmental
24	agencies in maintaining and preserving public records;
25	requiring the Division of Library and Information Services
26	of the Department of State to adopt rules for retaining
27	and disposing of public records; authorizing the division
28	to provide for archiving certain noncurrent records;
29	providing for the destruction of certain records and the
30	continued maintenance of certain records; providing for
31	the disposition of records at the end of an official's
32	term of office; requiring that a custodian of public
33	records demand delivery of records held unlawfully;
34	repealing ss. 119.031, 119.041, 119.05, and 119.06, F.S.,
35	relating to the retention, disposal, and disposition of
36	public records and the delivery of records held
37	unlawfully; amending s. 119.07, F.S.; revising provisions
38	governing the inspection and copying of public records;
39	authorizing additional means of inspecting or copying
40	public records; establishing fees for copying; providing
41	requirements for making photographs of public records;
42	providing an exemption from public records requirements
43	for any videotape or video signal that, under an agreement
44	with an agency, is produced, made, or received by, or is
45	in the custody of, a federally licensed radio or
46	television station or its agent; repealing s. 119.08,
47	F.S., relating to requirements for making photographs of
48	public records; amending s. 119.084, F.S.; deleting
49	certain provisions governing the maintenance of public
50	records in an electronic recordkeeping system; repealing
51	ss. 119.085 and 119.09, F.S., relating to remote
52	electronic access to public records and the program for
53	records and information management of the Department of
54	State; amending s. 119.10, F.S.; clarifying provisions
55	with respect to penalties for violations of ch. 119, F.S.;
56	amending s. 119.105, F.S.; clarifying provisions under
57	which certain police reports may be exempt from the public
58	records law; amending s. 119.12, F.S.; conforming
59	language; amending s. 120.55, F.S.; revising provisions
60	with respect to publication of the Florida Administrative
61	Code to provide that the Department of State is required
62	to compile and publish the code through a continuous
63	revision system; amending s. 257.36, F.S.; providing
64	procedures with respect to the official custody of records
65	upon the transfer of duties or responsibilities between
66	state agencies or the dissolution of a state agency;
67	amending s. 328.15, F.S.; revising the classification of
68	records of notices and satisfaction of liens on vessels
69	maintained by the Department of Highway Safety and Motor
70	Vehicles; amending s. 372.5717, F.S.; revising the
71	classification of records of hunter safety certification
72	cards maintained by the Fish and Wildlife Conservation
73	Commission; creating s. 415.1071, F.S.; authorizing a
74	petition for an order making public certain investigatory
75	records of the Department of Children and Family Services;
76	amending s. 560.121, F.S.; decreasing and qualifying the
77	period of retention for examination reports, investigatory
78	records, applications, application records, and related
79	information compiled by the Office of Financial Regulation
80	of the Financial Services Commission under the Money
81	Transmitters' Code; amending s. 560.123, F.S.; decreasing
82	the period of retention for specified reports filed by
83	money transmitters with the Office of Financial Regulation
84	of the Financial Services Commission under the Money
85	Transmitters' Code; amending s. 560.129, F.S.; decreasing
86	and qualifying the period of retention for examination
87	reports, investigatory records, applications, application
88	records, and related information compiled by the Office of
89	Financial Regulation of the Financial Services Commission
90	under the Money Transmitters' Code; amending s. 624.311,
91	F.S.; authorizing the Department of Financial Services,
92	the Financial Services Commission, and the Office of
93	Insurance Regulation of the Financial Services Commission
94	to maintain an electronic recordkeeping system for
95	specified records, statements, reports, and documents;
96	eliminating a standard for the reproduction of such
97	records, statements, reports, and documents; amending s.
98	624.312, F.S.; providing that reproductions from an
99	electronic recordkeeping system of specified documents and
100	records of the Department of Financial Services, the
101	Financial Services Commission, and the Office of Insurance
102	Regulation of the Financial Services Commission shall be
103	treated as originals for the purpose of their
104	admissibility in evidence; amending s. 633.527, F.S.;
105	decreasing the period of retention for specified
106	examination test questions, answer sheets, and grades in
107	the possession of the Division of State Fire Marshal of
108	the Department of Financial Services; amending s. 655.50,
109	F.S.; revising requirements of the Office of Financial
110	Regulation with respect to retention of copies of
111	specified reports and records of exemption submitted or
112	filed by financial institutions under the Florida Control
113	of Money Laundering in Financial Institutions Act;
114	amending s. 945.25, F.S.; requiring the Department of
115	Corrections to obtain and place in its records specified
116	information on every person who may be sentenced to
117	supervision or incarceration under the jurisdiction of the
118	department; eliminating a requirement of the department,
119	in its discretion, to obtain and place in its permanent
120	records specified information on persons placed on
121	probation and on persons who may become subject to pardon
122	and commutation of sentence; amending s. 985.31, F.S.;
123	revising the classification of specified medical files of
124	serious or habitual juvenile offenders; amending s.
125	212.095, F.S.; deleting provisions requiring the
126	Department of Revenue to keep a permanent record of the
127	amounts of certain refunds and requiring such records to
128	be open to public inspection; amending s. 238.03, F.S.;
129	deleting the authority of the Department of Management
130	Services to photograph and reduce to microfilm as a
131	permanent record certain ledger sheets and records and to
132	destroy the documents from which such films derive;
133	amending ss. 23.22, 27.02, 101.5607, 112.533, 1012.31,
134	282.21, 287.0943, 320.05, 322.20, 338.223, 401.27,
135	409.2577, 455.219, 456.025, 627.311, 627.351, 633.527,
136	668.50, 794.024, and 921.0022, F.S.; correcting cross
137	references; amending ss. 257.34 and 257.35, F.S.;
138	conforming language and correcting cross references;
139	reenacting s. 947.13(2)(a), F.S., relating to the duty of
140	the Parole Commission to examine specified records, to
141	incorporate the amendment to s. 945.25, F.S., in a
142	reference thereto; repealing s. 430.015, F.S.; removing a
143	public necessity statement for a public records exemption
144	for identifying information contained in records of
145	elderly persons collected and held by the Department of
146	Elderly Affairs; amending s. 440.132, F.S.; removing a
147	public necessity statement for a public records exemption
148	for investigatory records of the Agency for Health Care
149	Administration made or received pursuant to a workers'
150	compensation managed care arrangement and examination
151	records necessary to complete an investigation; repealing
152	s. 723.0065, F.S.; removing a public necessity statement
153	for a public records exemption for specified financial
154	records of mobile home park owners acquired by the
155	Division of Florida Land Sales, Condominiums, and Mobile
156	Homes of the Department of Business and Professional
157	Regulation; repealing s. 768.301, F.S.; removing a public
158	necessity statement for a public records exemption for
159	certain claims files records and minutes of meetings and
160	proceedings relating to risk management programs entered
161	into by the state and its agencies and subdivisions, and a
162	public meetings exemption for proceedings and meetings
163	regarding claims filed; amending s. 943.031, F.S.;
164	removing a public necessity statement for a public records
165	and public meetings exemption for specified portions of
166	meetings of the Florida Violent Crime and Drug Control
167	Council, specified portions of public records generated at
168	closed council meetings, and documents related to active
169	criminal investigations or matters constituting active
170	criminal intelligence; providing an effective date.
171
172	Be It Enacted by the Legislature of the State of Florida:
173
174	Section 1.  Section 39.2021, Florida Statutes, is created
175	to read:
176	39.2021  Release of confidential information.--
177	(1)  Any person or organization, including the Department
178	of Children and Family Services, may petition the court for an
179	order making public the records of the Department of Children
180	and Family Services that pertain to investigations of alleged
181	abuse, abandonment, or neglect of a child. The court shall
182	determine whether good cause exists for public access to the
183	records sought or a portion thereof. In making this
184	determination, the court shall balance the best interests of the
185	child who is the focus of the investigation and the interests of
186	that child's siblings, together with the privacy rights of other
187	persons identified in the reports, against the public interest.
188	The public interest in access to such records is reflected in s.
189	119.01(1) and includes the need for citizens to know of and
190	adequately evaluate the actions of the Department of Children
191	and Family Services and the court system in providing children
192	of this state with the protections enumerated in s. 39.001.
193	However, this subsection does not contravene s. 39.202, which
194	protects the name of any person reporting the abuse,
195	abandonment, or neglect of a child.
196	(2)  In cases involving serious bodily injury to a child,
197	the Department of Children and Family Services may petition the
198	court for an order for the immediate public release of records
199	of the department which pertain to the protective investigation.
200	The petition must be personally served upon the child, the
201	child's parent or guardian, and any person named as an alleged
202	perpetrator in the report of abuse, abandonment, or neglect. The
203	court must determine whether good cause exists for the public
204	release of the records sought no later than 24 hours, excluding
205	Saturdays, Sundays, and legal holidays, after the date the
206	department filed the petition with the court. If the court does
207	not grant or deny the petition within the 24-hour time period,
208	the department may release to the public summary information
209	including:
210	(a)  A confirmation that an investigation has been
211	conducted concerning the alleged victim.
212	(b)  The dates and a brief description of procedural
213	activities undertaken during the department's investigation.
214	(c)  The date of each judicial proceeding, a summary of
215	each participant's recommendations made at the judicial
216	proceeding, and the ruling of the court.
217
218	The summary information shall not include the name of, or other
219	identifying information with respect to, any person identified
220	in any investigation. In making a determination to release
221	confidential information, the court shall balance the best
222	interests of the child who is the focus of the investigation and
223	the interests of that child's siblings, together with the
224	privacy rights of other persons identified in the reports,
225	against the public interest for access to public records.
226	However, this subsection does not contravene s. 39.202, which
227	protects the name of any person reporting abuse, abandonment, or
228	neglect of a child.
229	(3)  When the court determines that good cause for public
230	access exists, the court shall direct that the department redact
231	the name of, and other identifying information with respect to,
232	any person identified in any protective investigation report
233	until such time as the court finds that there is probable cause
234	to believe that the person identified committed an act of
235	alleged abuse, abandonment, or neglect.
236	Section 2.  Section 119.01, Florida Statutes, is amended to
237	read:
238	119.01  General state policy on public records.--
239	(1)  It is the policy of this state that all state, county,
240	and municipal records are shall be open for personal inspection
241	by any person.
242	(2)  The Legislature finds that, given advancements in
243	technology, Providing access to public records is a duty of each
244	agency by remote electronic means is an additional method of
245	access that agencies should strive to provide to the extent
246	feasible.  If an agency provides access to public records by
247	remote electronic means, then such access should be provided in
248	the most cost-effective and efficient manner available to the
249	agency providing the information.
250	(2)(a)(3)  The Legislature finds that providing access to
251	public records is a duty of each agency and that Automation of
252	public records must not erode the right of access to those
253	records. As each agency increases its use of and dependence on
254	electronic recordkeeping, each agency must provide ensure
255	reasonable public access to records electronically maintained
256	and must ensure that exempt or confidential records are not
257	disclosed except as otherwise permitted by law.
258	(b)  When designing or acquiring an electronic
259	recordkeeping system, an agency must consider whether such
260	system is capable of providing data in some common format such
261	as, but not limited to, the American Standard Code for
262	Information Interchange.
263	(c)  An agency may not enter into a contract for the
264	creation or maintenance of a public records database if that
265	contract impairs the ability of the public to inspect or copy
266	the public records of the agency, including public records that
267	are on-line or stored in an electronic recordkeeping system used
268	by the agency.
269	(d)  Subject to the restrictions of copyright and trade
270	secret laws and public records exemptions, agency use of
271	proprietary software must not diminish the right of the public
272	to inspect and copy a public record.
273	(e)  Providing access to public records by remote
274	electronic means is an additional method of access that agencies
275	should strive to provide to the extent feasible. If an agency
276	provides access to public records by remote electronic means,
277	such access should be provided in the most cost-effective and
278	efficient manner available to the agency providing the
279	information.
280	(f)  Each agency that maintains a public record in an
281	electronic recordkeeping system shall provide to any person,
282	pursuant to this chapter, a copy of any public record in that
283	system which is not exempted by law from public disclosure. An
284	agency must provide a copy of the record in the medium requested
285	if the agency maintains the record in that medium, and the
286	agency may charge a fee in accordance with this chapter. For the
287	purpose of satisfying a public records request, the fee to be
288	charged by an agency if it elects to provide a copy of a public
289	record in a medium not routinely used by the agency, or if it
290	elects to compile information not routinely developed or
291	maintained by the agency or that requires a substantial amount
292	of manipulation or programming, must be in accordance with s.
293	119.07(4).
294	(3)  If public funds are expended by an agency in payment
295	of dues or membership contributions for any person, corporation,
296	foundation, trust, association, group, or other organization,
297	all the financial, business, and membership records of that
298	person, corporation, foundation, trust, association, group, or
299	other organization which pertain to the public agency are public
300	records and subject to the provisions of s. 119.07.
301	(4)  Each agency shall establish a program for the disposal
302	of records that do not have sufficient legal, fiscal,
303	administrative, or archival value in accordance with retention
304	schedules established by the records and information management
305	program of the Division of Library and Information Services of
306	the Department of State.
307	Section 3.  Section 119.011, Florida Statutes, is amended
308	to read:
309	119.011  Definitions.--As used in For the purpose of this
310	chapter, the term:
311	(1)  "Actual cost of duplication" means the cost of the
312	material and supplies used to duplicate the public record but
313	does not include labor cost or overhead cost associated with
314	such duplication. "Public records" means all documents, papers,
315	letters, maps, books, tapes, photographs, films, sound
316	recordings, data processing software, or other material,
317	regardless of the physical form, characteristics, or means of
318	transmission, made or received pursuant to law or ordinance or
319	in connection with the transaction of official business by any
320	agency.
321	(2)  "Agency" means any state, county, district, authority,
322	or municipal officer, department, division, board, bureau,
323	commission, or other separate unit of government created or
324	established by law including, for the purposes of this chapter,
325	the Commission on Ethics, the Public Service Commission, and the
326	Office of Public Counsel, and any other public or private
327	agency, person, partnership, corporation, or business entity
328	acting on behalf of any public agency.
329	(3)(a)  "Criminal intelligence information" means
330	information with respect to an identifiable person or group of
331	persons collected by a criminal justice agency in an effort to
332	anticipate, prevent, or monitor possible criminal activity.
333	(b)  "Criminal investigative information" means information
334	with respect to an identifiable person or group of persons
335	compiled by a criminal justice agency in the course of
336	conducting a criminal investigation of a specific act or
337	omission, including, but not limited to, information derived
338	from laboratory tests, reports of investigators or informants,
339	or any type of surveillance.
340	(c)  "Criminal intelligence information" and "criminal
341	investigative information" shall not include:
342	1.  The time, date, location, and nature of a reported
343	crime.
344	2.  The name, sex, age, and address of a person arrested or
345	of the victim of a crime except as provided in s.
346	119.07(6)(3)(f).
347	3.  The time, date, and location of the incident and of the
348	arrest.
349	4.  The crime charged.
350	5.  Documents given or required by law or agency rule to be
351	given to the person arrested, except as provided in s.
352	119.07(6)(3)(f), and, except that the court in a criminal case
353	may order that certain information required by law or agency
354	rule to be given to the person arrested be maintained in a
355	confidential manner and exempt from the provisions of s.
356	119.07(1) until released at trial if it is found that the
357	release of such information would:
358	a.  Be defamatory to the good name of a victim or witness
359	or would jeopardize the safety of such victim or witness; and
360	b.  Impair the ability of a state attorney to locate or
361	prosecute a codefendant.
362	6.  Informations and indictments except as provided in s.
363	905.26.
364	(d)  The word "active" shall have the following meaning:
365	1.  Criminal intelligence information shall be considered
366	"active" as long as it is related to intelligence gathering
367	conducted with a reasonable, good faith belief that it will lead
368	to detection of ongoing or reasonably anticipated criminal
369	activities.
370	2.  Criminal investigative information shall be considered
371	"active" as long as it is related to an ongoing investigation
372	which is continuing with a reasonable, good faith anticipation
373	of securing an arrest or prosecution in the foreseeable future.
374
375	In addition, criminal intelligence and criminal investigative
376	information shall be considered "active" while such information
377	is directly related to pending prosecutions or appeals.  The
378	word "active" shall not apply to information in cases which are
379	barred from prosecution under the provisions of s. 775.15 or
380	other statute of limitation.
381	(4)  "Criminal justice agency" means:
382	(a)  Any law enforcement agency, court, or prosecutor;.
383	The term also includes
384	(b)  Any other agency charged by law with criminal law
385	enforcement duties;, or
386	(c)  Any agency having custody of criminal intelligence
387	information or criminal investigative information for the
388	purpose of assisting such law enforcement agencies in the
389	conduct of active criminal investigation or prosecution or for
390	the purpose of litigating civil actions under the Racketeer
391	Influenced and Corrupt Organization Act, during the time that
392	such agencies are in possession of criminal intelligence
393	information or criminal investigative information pursuant to
394	their criminal law enforcement duties; or.  The term also
395	includes
396	(d)  The Department of Corrections.
397	(5)  "Custodian of public records" means the elected or
398	appointed state, county, or municipal officer charged with the
399	responsibility of maintaining the office having public records,
400	or his or her designee.
401	(6)  "Data processing software" means the programs and
402	routines used to employ and control the capabilities of data
403	processing hardware, including, but not limited to, operating
404	systems, compilers, assemblers, utilities, library routines,
405	maintenance routines, applications, and computer networking
406	programs.
407	(7)  "Duplicated copies" means new copies produced by
408	duplicating, as defined in s. 283.30.
409	(8)  "Exemption" means a provision of general law which
410	provides that a specified record or meeting, or portion thereof,
411	is not subject to the access requirements of s. 119.07(1), s.
412	286.011, or s. 24, Art. I of the State Constitution.
413	(9)  "Information technology resources" means data
414	processing hardware and software and services, communications,
415	supplies, personnel, facility resources, maintenance, and
416	training.
417	(10)  "Proprietary software" means data processing software
418	that is protected by copyright or trade secret laws.
419	(11)  "Public records" means all documents, papers,
420	letters, maps, books, tapes, photographs, films, sound
421	recordings, data processing software, or other material,
422	regardless of the physical form, characteristics, or means of
423	transmission, made or received pursuant to law or ordinance or
424	in connection with the transaction of official business by any
425	agency.
426	(12)  "Redact" means to conceal within a copy of an
427	original public record, or within an electronic image of an
428	original public record that is available for public viewing,
429	that portion of the record containing exempt or confidential
430	information.
431	(13)  "Sensitive," for purposes of defining agency-produced
432	software that is sensitive, means only those portions of data
433	processing software, including the specifications and
434	documentation, which are used to:
435	(a)  Collect, process, store, and retrieve information that
436	is exempt from s. 119.07(1);
437	(b)  Collect, process, store, and retrieve financial
438	management information of the agency, such as payroll and
439	accounting records; or
440	(c)  Control and direct access authorizations and security
441	measures for automated systems.
442	Section 4.  Sections 119.0115, 119.012, and 119.02, Florida
443	Statutes, are repealed.
444	Section 5.  Section 119.021, Florida Statutes, is amended
445	to read:
446	(Substantial rewording of section. See
447	s. 119.021, F.S., for present text.)
448	119.021  Custodial requirements; maintenance, preservation,
449	and retention of public records.--
450	(1)  Public records shall be maintained and preserved as
451	follows:
452	(a)  All public records should be kept in the buildings in
453	which they are ordinarily used.
454	(b)  Insofar as practicable, a custodian of public records
455	of vital, permanent, or archival records shall keep them in
456	fireproof and waterproof safes, vaults, or rooms fitted with
457	noncombustible materials and in such arrangement as to be easily
458	accessible for convenient use.
459	(c)1.  Record books should be copied or repaired,
460	renovated, or rebound if worn, mutilated, damaged, or difficult
461	to read.
462	2.  Whenever any state, county, or municipal records are in
463	need of repair, restoration, or rebinding, the head of the
464	concerned state agency, department, board, or commission; the
465	board of county commissioners of such county; or the governing
466	body of such municipality may authorize that such records be
467	removed from the building or office in which such records are
468	ordinarily kept for the length of time required to repair,
469	restore, or rebind them.
470	3.  Any public official who causes a record book to be
471	copied shall attest and certify under oath that the copy is an
472	accurate copy of the original book. The copy shall then have the
473	force and effect of the original.
474	(2)(a)  The Division of Library and Information Services of
475	the Department of State shall adopt rules to establish retention
476	schedules and a disposal process for public records.
477	(b)  Each agency shall comply with the rules establishing
478	retention schedules and disposal processes for public records
479	which are adopted by the records and information management
480	program of the division.
481	(c)  Each public official shall systematically dispose of
482	records no longer needed, subject to the consent of the records
483	and information management program of the division in accordance
484	with s. 257.36.
485	(d)  The division may ascertain the condition of public
486	records and shall give advice and assistance to public officials
487	to solve problems related to the preservation, creation, filing,
488	and public accessibility of public records in their custody.
489	Public officials shall assist the division by preparing an
490	inclusive inventory of categories of public records in their
491	custody. The division shall establish a time period for the
492	retention or disposal of each series of records. Upon the
493	completion of the inventory and schedule, the division shall,
494	subject to the availability of necessary space, staff, and other
495	facilities for such purposes, make space available in its
496	records center for the filing of semicurrent records so
497	scheduled and in its archives for noncurrent records of
498	permanent value and shall render such other assistance as
499	needed, including the microfilming of records so scheduled.
500	(3)  Agency orders that comprise final agency action and
501	that must be indexed or listed pursuant to s. 120.53 have
502	continuing legal significance; therefore, notwithstanding any
503	other provision of this chapter or any provision of chapter 257,
504	each agency shall permanently maintain records of such orders
505	pursuant to the applicable rules of the Department of State.
506	(4)(a)  Whoever has custody of any public records shall
507	deliver, at the expiration of his or her term of office, to his
508	or her successor or, if there be none, to the records and
509	information management program of the Division of Library and
510	Information Services of the Department of State, all public
511	records kept or received by him or her in the transaction of
512	official business.
513	(b)  Whoever is entitled to custody of public records shall
514	demand them from any person having illegal possession of them,
515	who must forthwith deliver the same to him or her. Any person
516	unlawfully possessing public records must within 10 days deliver
517	such records to the lawful custodian of public records unless
518	just cause exists for failing to deliver such records.
519	Section 6.  Sections 119.031, 119.041, 119.05, and 119.06,
520	Florida Statutes, are repealed.
521	Section 7.  Section 119.07, Florida Statutes, is amended to
522	read:
523	119.07  Inspection, examination, and copying duplication of
524	records; photographing public records; fees; exemptions.--
525	(1)(a)  Every person who has custody of a public record
526	shall permit the record to be inspected and copied examined by
527	any person desiring to do so, at any reasonable time, under
528	reasonable conditions, and under supervision by the custodian of
529	the public records record or the custodian's designee.
530	(b)  A person who has custody of a public record who
531	asserts that an exemption applies to a part of such record shall
532	redact that portion of the record to which an exemption has been
533	asserted and validly applies, and such person shall produce the
534	remainder of such record for inspection and copying.
535	(c)  If the person who has custody of a public record
536	contends that all or part of the record is exempt from
537	inspection and copying, he or she shall state the basis of the
538	exemption that he or she contends is applicable to the record,
539	including the statutory citation to an exemption created or
540	afforded by statute.
541	(d)  If requested by the person seeking to inspect or copy
542	the record, the custodian of public records shall state in
543	writing and with particularity the reasons for the conclusion
544	that the record is exempt or confidential.
545	(e)  In any civil action in which an exemption to this
546	section is asserted, if the exemption is alleged to exist under
547	or by virtue of paragraph (6)(c), paragraph (6)(d), paragraph
548	(6)(e), paragraph (6)(k), paragraph (6)(l), or paragraph (6)(o),
549	the public record or part thereof in question shall be submitted
550	to the court for an inspection in camera. If an exemption is
551	alleged to exist under or by virtue of paragraph (6)(b), an
552	inspection in camera is discretionary with the court. If the
553	court finds that the asserted exemption is not applicable, it
554	shall order the public record or part thereof in question to be
555	immediately produced for inspection or copying as requested by
556	the person seeking such access.
557	(f)  Even if an assertion is made by the custodian of
558	public records that a requested record is not a public record
559	subject to public inspection or copying under this subsection,
560	the requested record shall not be disposed of for a period of 30
561	days after the date on which a written request to inspect or
562	copy the record was served on or otherwise made to the custodian
563	of public records by the person seeking access to the record. If
564	a civil action is instituted within the 30-day period to enforce
565	the provisions of this section with respect to the requested
566	record, the custodian of public records may not dispose of the
567	record except by order of a court of competent jurisdiction
568	after notice to all affected parties.
569	(g)  The absence of a civil action instituted for the
570	purpose stated in paragraph (e) does not relieve the custodian
571	of public records of the duty to maintain the record as a public
572	record if the record is in fact a public record subject to
573	public inspection and copying under this subsection and does not
574	otherwise excuse or exonerate the custodian of public records
575	from any unauthorized or unlawful disposition of such record.
576	(2)(a)  As an additional means of inspecting or copying
577	public records, a custodian of public records may provide access
578	to public records by remote electronic means, provided exempt or
579	confidential information is not disclosed.
580	(b)  The custodian of public records shall provide
581	safeguards to protect the contents of public records from
582	unauthorized remote electronic access or alteration and to
583	prevent the disclosure or modification of those portions of
584	public records which are exempt or confidential from subsection
585	(1) or s. 24, Art. I of the State Constitution.
586	(c)  Unless otherwise required by law, the custodian of
587	public records may charge a fee for remote electronic access,
588	granted under a contractual arrangement with a user, which fee
589	may include the direct and indirect costs of providing such
590	access. Fees for remote electronic access provided to the
591	general public shall be in accordance with the provisions of
592	this section.
593	(3)(a)  Any person shall have the right of access to public
594	records for the purpose of making photographs of the record
595	while such record is in the possession, custody, and control of
596	the custodian of public records.
597	(b)  This subsection applies to the making of photographs
598	in the conventional sense by use of a camera device to capture
599	images of public records but excludes the duplication of
600	microfilm in the possession of the clerk of the circuit court
601	where a copy of the microfilm may be made available by the
602	clerk.
603	(c)  Photographing public records shall be done under the
604	supervision of the custodian of public records, who may adopt
605	and enforce reasonable rules governing the photographing of such
606	records.
607	(d)  Photographing of public records shall be done in the
608	room where the public records are kept. If, in the judgment of
609	the custodian of public records, this is impossible or
610	impracticable, photographing shall be done in another room or
611	place, as nearly adjacent as possible to the room where the
612	public records are kept, to be determined by the custodian of
613	public records. Where provision of another room or place for
614	photographing is required, the expense of providing the same
615	shall be paid by the person desiring to photograph the public
616	record pursuant to paragraph (4)(e).
617	(4)  The custodian of public records shall furnish a copy
618	or a certified copy of the record upon payment of the fee
619	prescribed by law. or, If a fee is not prescribed by law, the
620	following fees are authorized:
621	(a)1.  Up to 15 cents per one-sided copy for duplicated
622	copies of not more than 14 inches by 8 1/2  inches.,
623	2.  No more than an additional 5 cents for each two-sided
624	copy. upon payment of not more than 15 cents per one-sided copy,
625	and
626	3.  For all other copies, upon payment of the actual cost
627	of duplication of the public record.  An agency may charge no
628	more than an additional 5 cents for each two-sided duplicated
629	copy.  For purposes of this section, duplicated copies shall
630	mean new copies produced by duplicating, as defined in s.
631	283.30.  The phrase "actual cost of duplication" means the cost
632	of the material and supplies used to duplicate the record, but
633	it does not include the labor cost or overhead cost associated
634	with such duplication.  However,
635	(b)  The charge for copies of county maps or aerial
636	photographs supplied by county constitutional officers may also
637	include a reasonable charge for the labor and overhead
638	associated with their duplication.  Unless otherwise provided by
639	law, the fees to be charged for duplication of public records
640	shall be collected, deposited, and accounted for in the manner
641	prescribed for other operating funds of the agency.
642	(c)  An agency may charge up to $1 per copy for a certified
643	copy of a public record.
644	(d)(b)  If the nature or volume of public records requested
645	to be inspected, examined, or copied pursuant to this subsection
646	is such as to require extensive use of information technology
647	resources or extensive clerical or supervisory assistance by
648	personnel of the agency involved, or both, the agency may
649	charge, in addition to the actual cost of duplication, a special
650	service charge, which shall be reasonable and shall be based on
651	the cost incurred for such extensive use of information
652	technology resources or the labor cost of the personnel
653	providing the service that is actually incurred by the agency or
654	attributable to the agency for the clerical and supervisory
655	assistance required, or both.
656	(e)1.  Where provision of another room or place is
657	necessary to photograph public records, the expense of providing
658	the same shall be paid by the person desiring to photograph the
659	public records.
660	2.  The custodian of public records may charge the person
661	making the photographs for supervision services at a rate of
662	compensation to be agreed upon by the person desiring to make
663	the photographs and the custodian of public records. If they
664	fail to agree as to the appropriate charge, the charge shall be
665	determined by the custodian of public records. "Information
666	technology resources" means data processing hardware and
667	software and services, communications, supplies, personnel,
668	facility resources, maintenance, and training.
669	(5)(c)  When ballots are produced under this section for
670	inspection or examination, no persons other than the supervisor
671	of elections or the supervisor's employees shall touch the
672	ballots.  The supervisor of elections shall make a reasonable
673	effort to notify all candidates by telephone or otherwise of the
674	time and place of the inspection or examination. All such
675	candidates, or their representatives, shall be allowed to be
676	present during the inspection or examination.
677	(2)(a)  A person who has custody of a public record and who
678	asserts that an exemption provided in subsection (3) or in a
679	general or special law applies to a particular public record or
680	part of such record shall delete or excise from the record only
681	that portion of the record with respect to which an exemption
682	has been asserted and validly applies, and such person shall
683	produce the remainder of such record for inspection and
684	examination.  If the person who has custody of a public record
685	contends that the record or part of it is exempt from inspection
686	and examination, he or she shall state the basis of the
687	exemption which he or she contends is applicable to the record,
688	including the statutory citation to an exemption created or
689	afforded by statute, and, if requested by the person seeking the
690	right under this subsection to inspect, examine, or copy the
691	record, he or she shall state in writing and with particularity
692	the reasons for the conclusion that the record is exempt.
693	(b)  In any civil action in which an exemption to
694	subsection (1) is asserted, if the exemption is alleged to exist
695	under or by virtue of paragraph (c), paragraph (d), paragraph
696	(e), paragraph (k), paragraph (l), or paragraph (o) of
697	subsection (3), the public record or part thereof in question
698	shall be submitted to the court for an inspection in camera.  If
699	an exemption is alleged to exist under or by virtue of paragraph
700	(b) of subsection (3), an inspection in camera will be
701	discretionary with the court.  If the court finds that the
702	asserted exemption is not applicable, it shall order the public
703	record or part thereof in question to be immediately produced
704	for inspection, examination, or copying as requested by the
705	person seeking such access.
706	(c)  Even if an assertion is made by the custodian of a
707	public record that a requested record is not a public record
708	subject to public inspection and examination under subsection
709	(1), the requested record shall, nevertheless, not be disposed
710	of for a period of 30 days after the date on which a written
711	request requesting the right to inspect, examine, or copy the
712	record was served on or otherwise made to the custodian of the
713	record by the person seeking access to the record.  If a civil
714	action is instituted within the 30-day period to enforce the
715	provisions of this section with respect to the requested record,
716	the custodian shall not dispose of the record except by order of
717	a court of competent jurisdiction after notice to all affected
718	parties.
719	(d)  The absence of a civil action instituted for the
720	purpose stated in paragraph (c) will not relieve the custodian
721	of the duty to maintain the record as a public record if the
722	record is in fact a public record subject to public inspection
723	and examination under subsection (1) and will not otherwise
724	excuse or exonerate the custodian from any unauthorized or
725	unlawful disposition of such record.
726	(6)(3)(a)  Examination questions and answer sheets of
727	examinations administered by a governmental agency for the
728	purpose of licensure, certification, or employment are exempt
729	from the provisions of subsection (1) and s. 24(a), Art. I of
730	the State Constitution.  A person who has taken such an
731	examination shall have the right to review his or her own
732	completed examination.
733	(b)1.  Active criminal intelligence information and active
734	criminal investigative information are exempt from the
735	provisions of subsection (1) and s. 24(a), Art. I of the State
736	Constitution.
737	2.  A request of a law enforcement agency to inspect or
738	copy a public record that is in the custody of another agency,
739	the custodian's response to the request, and any information
740	that would identify the public record that was requested by the
741	law enforcement agency or provided by the custodian are exempt
742	from the requirements of subsection (1) and s. 24(a), Art. I of
743	the State Constitution, during the period in which the
744	information constitutes criminal intelligence information or
745	criminal investigative information that is active. This
746	exemption is remedial in nature, and it is the intent of the
747	Legislature that the exemption be applied to requests for
748	information received before, on, or after the effective date of
749	this subparagraph. The law enforcement agency shall give notice
750	to the custodial agency when the criminal intelligence
751	information or criminal investigative information is no longer
752	active, so that the custodian's response to the request and
753	information that would identify the public record requested are
754	available to the public. This subparagraph is subject to the
755	Open Government Sunset Review Act of 1995 in accordance with s.
756	119.15 and shall stand repealed October 2, 2007, unless reviewed
757	and saved from repeal through reenactment by the Legislature.
758	(c)  Any information revealing the identity of a
759	confidential informant or a confidential source is exempt from
760	the provisions of subsection (1) and s. 24(a), Art. I of the
761	State Constitution.
762	(d)  Any information revealing surveillance techniques or
763	procedures or personnel is exempt from the provisions of
764	subsection (1) and s. 24(a), Art. I of the State Constitution.
765	Any comprehensive inventory of state and local law enforcement
766	resources compiled pursuant to part I, chapter 23, and any
767	comprehensive policies or plans compiled by a criminal justice
768	agency pertaining to the mobilization, deployment, or tactical
769	operations involved in responding to emergencies, as defined in
770	s. 252.34(3), are exempt from the provisions of subsection (1)
771	and s. 24(a), Art. I of the State Constitution and unavailable
772	for inspection, except by personnel authorized by a state or
773	local law enforcement agency, the office of the Governor, the
774	Department of Legal Affairs, the Department of Law Enforcement,
775	or the Department of Community Affairs as having an official
776	need for access to the inventory or comprehensive policies or
777	plans.
778	(e)  Any information revealing undercover personnel of any
779	criminal justice agency is exempt from the provisions of
780	subsection (1) and s. 24(a), Art. I of the State Constitution.
781	(f)1.  Any criminal intelligence information or criminal
782	investigative information including the photograph, name,
783	address, or other fact or information which reveals the identity
784	of the victim of the crime of sexual battery as defined in
785	chapter 794; the identity of the victim of a lewd or lascivious
786	offense committed upon or in the presence of a person less than
787	16 years of age, as defined in chapter 800; or the identity of
788	the victim of the crime of child abuse as defined by chapter 827
789	and any criminal intelligence information or criminal
790	investigative information or other criminal record, including
791	those portions of court records and court proceedings, which may
792	reveal the identity of a person who is a victim of any sexual
793	offense, including a sexual offense proscribed in chapter 794,
794	chapter 800, or chapter 827, is exempt from the provisions of
795	subsection (1) and s. 24(a), Art. I of the State Constitution.
796	2.  In addition to subparagraph 1., any criminal
797	intelligence information or criminal investigative information
798	which is a photograph, videotape, or image of any part of the
799	body of the victim of a sexual offense prohibited under chapter
800	794, chapter 800, or chapter 827, regardless of whether the
801	photograph, videotape, or image identifies the victim, is
802	confidential and exempt from subsection (1) and s. 24(a), Art. I
803	of the State Constitution. This exemption applies to
804	photographs, videotapes, or images held as criminal intelligence
805	information or criminal investigative information before, on, or
806	after the effective date of the exemption.
807	(g)  Any criminal intelligence information or criminal
808	investigative information which reveals the personal assets of
809	the victim of a crime, other than property stolen or destroyed
810	during the commission of the crime, is exempt from the
811	provisions of subsection (1) and s. 24(a), Art. I of the State
812	Constitution.
813	(h)  All criminal intelligence and criminal investigative
814	information received by a criminal justice agency prior to
815	January 25, 1979, is exempt from the provisions of subsection
816	(1) and s. 24(a), Art. I of the State Constitution.
817	(i)1.  The home addresses, telephone numbers, social
818	security numbers, and photographs of active or former law
819	enforcement personnel, including correctional and correctional
820	probation officers, personnel of the Department of Children and
821	Family Services whose duties include the investigation of abuse,
822	neglect, exploitation, fraud, theft, or other criminal
823	activities, personnel of the Department of Health whose duties
824	are to support the investigation of child abuse or neglect, and
825	personnel of the Department of Revenue or local governments
826	whose responsibilities include revenue collection and
827	enforcement or child support enforcement; the home addresses,
828	telephone numbers, social security numbers, photographs, and
829	places of employment of the spouses and children of such
830	personnel; and the names and locations of schools and day care
831	facilities attended by the children of such personnel are exempt
832	from the provisions of subsection (1). The home addresses,
833	telephone numbers, and photographs of firefighters certified in
834	compliance with s. 633.35; the home addresses, telephone
835	numbers, photographs, and places of employment of the spouses
836	and children of such firefighters; and the names and locations
837	of schools and day care facilities attended by the children of
838	such firefighters are exempt from subsection (1). The home
839	addresses and telephone numbers of justices of the Supreme
840	Court, district court of appeal judges, circuit court judges,
841	and county court judges; the home addresses, telephone numbers,
842	and places of employment of the spouses and children of justices
843	and judges; and the names and locations of schools and day care
844	facilities attended by the children of justices and judges are
845	exempt from the provisions of subsection (1). The home
846	addresses, telephone numbers, social security numbers, and
847	photographs of current or former state attorneys, assistant
848	state attorneys, statewide prosecutors, or assistant statewide
849	prosecutors; the home addresses, telephone numbers, social
850	security numbers, photographs, and places of employment of the
851	spouses and children of current or former state attorneys,
852	assistant state attorneys, statewide prosecutors, or assistant
853	statewide prosecutors; and the names and locations of schools
854	and day care facilities attended by the children of current or
855	former state attorneys, assistant state attorneys, statewide
856	prosecutors, or assistant statewide prosecutors are exempt from
857	subsection (1) and s. 24(a), Art. I of the State Constitution.
858	2.  The home addresses, telephone numbers, social security
859	numbers, and photographs of current or former human resource,
860	labor relations, or employee relations directors, assistant
861	directors, managers, or assistant managers of any local
862	government agency or water management district whose duties
863	include hiring and firing employees, labor contract negotiation,
864	administration, or other personnel-related duties; the names,
865	home addresses, telephone numbers, social security numbers,
866	photographs, and places of employment of the spouses and
867	children of such personnel; and the names and locations of
868	schools and day care facilities attended by the children of such
869	personnel are exempt from subsection (1) and s. 24(a), Art. I of
870	the State Constitution. This subparagraph is subject to the Open
871	Government Sunset Review Act of 1995 in accordance with s.
872	119.15, and shall stand repealed on October 2, 2006, unless
873	reviewed and saved from repeal through reenactment by the
874	Legislature.
875	3.  The home addresses, telephone numbers, social security
876	numbers, and photographs of current or former code enforcement
877	officers; the names, home addresses, telephone numbers, social
878	security numbers, photographs, and places of employment of the
879	spouses and children of such persons; and the names and
880	locations of schools and day care facilities attended by the
881	children of such persons are exempt from subsection (1) and s.
882	24(a), Art. I of the State Constitution. This subparagraph is
883	subject to the Open Government Sunset Review Act of 1995 in
884	accordance with s. 119.15, and shall stand repealed on October
885	2, 2006, unless reviewed and saved from repeal through
886	reenactment by the Legislature.
887	4.  An agency that is the custodian of the personal
888	information specified in subparagraph 1., subparagraph 2., or
889	subparagraph 3. and that is not the employer of the officer,
890	employee, justice, judge, or other person specified in
891	subparagraph 1., subparagraph 2., or subparagraph 3. shall
892	maintain the exempt status confidentiality of the personal
893	information only if the officer, employee, justice, judge, other
894	person, or employing agency of the designated employee submits a
895	written request for maintenance of the exemption confidentiality
896	to the custodial agency.
897	(j)  Any information provided to an agency of state
898	government or to an agency of a political subdivision of the
899	state for the purpose of forming ridesharing arrangements, which
900	information reveals the identity of an individual who has
901	provided his or her name for ridesharing, as defined in s.
902	341.031, is exempt from the provisions of subsection (1) and s.
903	24(a), Art. I of the State Constitution.
904	(k)  Any information revealing the substance of a
905	confession of a person arrested is exempt from the provisions of
906	subsection (1) and s. 24(a), Art. I of the State Constitution,
907	until such time as the criminal case is finally determined by
908	adjudication, dismissal, or other final disposition.
909	(l)1.  A public record which was prepared by an agency
910	attorney (including an attorney employed or retained by the
911	agency or employed or retained by another public officer or
912	agency to protect or represent the interests of the agency
913	having custody of the record) or prepared at the attorney's
914	express direction, which reflects a mental impression,
915	conclusion, litigation strategy, or legal theory of the attorney
916	or the agency, and which was prepared exclusively for civil or
917	criminal litigation or for adversarial administrative
918	proceedings, or which was prepared in anticipation of imminent
919	civil or criminal litigation or imminent adversarial
920	administrative proceedings, is exempt from the provisions of
921	subsection (1) and s. 24(a), Art. I of the State Constitution
922	until the conclusion of the litigation or adversarial
923	administrative proceedings. For purposes of capital collateral
924	litigation as set forth in s. 27.7001, the Attorney General's
925	office is entitled to claim this exemption for those public
926	records prepared for direct appeal as well as for all capital
927	collateral litigation after direct appeal until execution of
928	sentence or imposition of a life sentence.
929	2.  This exemption is not waived by the release of such
930	public record to another public employee or officer of the same
931	agency or any person consulted by the agency attorney.  When
932	asserting the right to withhold a public record pursuant to this
933	paragraph, the agency shall identify the potential parties to
934	any such criminal or civil litigation or adversarial
935	administrative proceedings.  If a court finds that the document
936	or other record has been improperly withheld under this
937	paragraph, the party seeking access to such document or record
938	shall be awarded reasonable attorney's fees and costs in
939	addition to any other remedy ordered by the court.
940	(m)  Sealed bids or proposals received by an agency
941	pursuant to invitations to bid or requests for proposals are
942	exempt from the provisions of subsection (1) and s. 24(a), Art.
943	I of the State Constitution until such time as the agency
944	provides notice of a decision or intended decision pursuant to
945	s. 120.57(3)(a) or within 10 days after bid or proposal opening,
946	whichever is earlier.
947	(n)  When an agency of the executive branch of state
948	government seeks to acquire real property by purchase or through
949	the exercise of the power of eminent domain all appraisals,
950	other reports relating to value, offers, and counteroffers must
951	be in writing and are exempt from the provisions of subsection
952	(1) and s. 24(a), Art. I of the State Constitution until
953	execution of a valid option contract or a written offer to sell
954	that has been conditionally accepted by the agency, at which
955	time the exemption shall expire.  The agency shall not finally
956	accept the offer for a period of 30 days in order to allow
957	public review of the transaction.  The agency may give
958	conditional acceptance to any option or offer subject only to
959	final acceptance by the agency after the 30-day review period.
960	If a valid option contract is not executed, or if a written
961	offer to sell is not conditionally accepted by the agency, then
962	the exemption from the provisions of this chapter shall expire
963	at the conclusion of the condemnation litigation of the subject
964	property. An agency of the executive branch may exempt title
965	information, including names and addresses of property owners
966	whose property is subject to acquisition by purchase or through
967	the exercise of the power of eminent domain, from the provisions
968	of subsection (1) and s. 24(a), Art. I of the State Constitution
969	to the same extent as appraisals, other reports relating to
970	value, offers, and counteroffers.  For the purpose of this
971	paragraph, "option contract" means an agreement of an agency of
972	the executive branch of state government to purchase real
973	property subject to final agency approval.  This paragraph shall
974	have no application to other exemptions from the provisions of
975	subsection (1) which are contained in other provisions of law
976	and shall not be construed to be an express or implied repeal
977	thereof.
978	(o)  Data processing software obtained by an agency under a
979	licensing agreement which prohibits its disclosure and which
980	software is a trade secret, as defined in s. 812.081, and
981	agency-produced data processing software which is sensitive are
982	exempt from the provisions of subsection (1) and s. 24(a), Art.
983	I of the State Constitution.  The designation of agency-produced
984	software as sensitive shall not prohibit an agency head from
985	sharing or exchanging such software with another public agency.
986	As used in this paragraph:
987	1.  "Data processing software" means the programs and
988	routines used to employ and control the capabilities of data
989	processing hardware, including, but not limited to, operating
990	systems, compilers, assemblers, utilities, library routines,
991	maintenance routines, applications, and computer networking
992	programs.
993	2.  "Sensitive" means only those portions of data
994	processing software, including the specifications and
995	documentation, used to:
996	a.  Collect, process, store, and retrieve information which
997	is exempt from the provisions of subsection (1);
998	b.  Collect, process, store, and retrieve financial
999	management information of the agency, such as payroll and
1000	accounting records; or
1001	c.  Control and direct access authorizations and security
1002	measures for automated systems.
1003	(p)  All complaints and other records in the custody of any
1004	unit of local government which relate to a complaint of
1005	discrimination relating to race, color, religion, sex, national
1006	origin, age, handicap, marital status, sale or rental of
1007	housing, the provision of brokerage services, or the financing
1008	of housing are exempt from the provisions of subsection (1) and
1009	s. 24(a), Art. I of the State Constitution until a finding is
1010	made relating to probable cause, the investigation of the
1011	complaint becomes inactive, or the complaint or other record is
1012	made part of the official record of any hearing or court
1013	proceeding.  This provision shall not affect any function or
1014	activity of the Florida Commission on Human Relations.  Any
1015	state or federal agency which is authorized to have access to
1016	such complaints or records by any provision of law shall be
1017	granted such access in the furtherance of such agency's
1018	statutory duties, notwithstanding the provisions of this
1019	section. This paragraph shall not be construed to modify or
1020	repeal any special or local act.
1021	(q)  All complaints and other records in the custody of any
1022	agency in the executive branch of state government which relate
1023	to a complaint of discrimination relating to race, color,
1024	religion, sex, national origin, age, handicap, or marital status
1025	in connection with hiring practices, position classifications,
1026	salary, benefits, discipline, discharge, employee performance,
1027	evaluation, or other related activities are exempt from the
1028	provisions of subsection (1) and s. 24(a), Art. I of the State
1029	Constitution until a finding is made relating to probable cause,
1030	the investigation of the complaint becomes inactive, or the
1031	complaint or other record is made part of the official record of
1032	any hearing or court proceeding.  This provision shall not
1033	affect any function or activity of the Florida Commission on
1034	Human Relations.  Any state or federal agency which is
1035	authorized to have access to such complaints or records by any
1036	provision of law shall be granted such access in the furtherance
1037	of such agency's statutory duties, notwithstanding the
1038	provisions of this section.
1039	(r)  All records supplied by a telecommunications company,
1040	as defined by s. 364.02, to a state or local governmental agency
1041	which contain the name, address, and telephone number of
1042	subscribers are confidential and exempt from the provisions of
1043	subsection (1) and s. 24(a), Art. I of the State Constitution.
1044	(s)1.  Any document that reveals the identity, home or
1045	employment telephone number, home or employment address, or
1046	personal assets of the victim of a crime and identifies that
1047	person as the victim of a crime, which document is received by
1048	any agency that regularly receives information from or
1049	concerning the victims of crime, is exempt from the provisions
1050	of subsection (1) and s. 24(a), Art. I of the State
1051	Constitution. Any information not otherwise held confidential or
1052	exempt from the provisions of subsection (1) which reveals the
1053	home or employment telephone number, home or employment address,
1054	or personal assets of a person who has been the victim of sexual
1055	battery, aggravated child abuse, aggravated stalking,
1056	harassment, aggravated battery, or domestic violence is exempt
1057	from the provisions of subsection (1) and s. 24(a), Art. I of
1058	the State Constitution, upon written request by the victim,
1059	which must include official verification that an applicable
1060	crime has occurred. Such information shall cease to be exempt 5
1061	years after the receipt of the written request. Any state or
1062	federal agency that is authorized to have access to such
1063	documents by any provision of law shall be granted such access
1064	in the furtherance of such agency's statutory duties,
1065	notwithstanding the provisions of this section.
1066	2.a.  Any information in a videotaped statement of a minor
1067	who is alleged to be or who is a victim of sexual battery, lewd
1068	acts, or other sexual misconduct proscribed in chapter 800 or in
1069	s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
1070	847.0133, or s. 847.0145, which reveals that minor's identity,
1071	including, but not limited to, the minor's face; the minor's
1072	home, school, church, or employment telephone number; the
1073	minor's home, school, church, or employment address; the name of
1074	the minor's school, church, or place of employment; or the
1075	personal assets of the minor; and which identifies that minor as
1076	the victim of a crime described in this subparagraph, held by a
1077	law enforcement agency, is confidential and exempt from
1078	subsection (1) and s. 24(a), Art. I of the State Constitution.
1079	Any governmental agency that is authorized to have access to
1080	such statements by any provision of law shall be granted such
1081	access in the furtherance of the agency's statutory duties,
1082	notwithstanding the provisions of this section.
1083	b.  A public employee or officer who has access to a
1084	videotaped statement of a minor who is alleged to be or who is a
1085	victim of sexual battery, lewd acts, or other sexual misconduct
1086	proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
1087	847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145,
1088	may not willfully and knowingly disclose videotaped information
1089	that reveals the minor's identity to a person who is not
1090	assisting in the investigation or prosecution of the alleged
1091	offense or to any person other than the defendant, the
1092	defendant's attorney, or a person specified in an order entered
1093	by the court having jurisdiction of the alleged offense. A
1094	person who violates this provision commits a misdemeanor of the
1095	first degree, punishable as provided in s. 775.082 or s.
1096	775.083.
1097	(t)  Any financial statement which an agency requires a
1098	prospective bidder to submit in order to prequalify for bidding
1099	or for responding to a proposal for a road or any other public
1100	works project is exempt from the provisions of subsection (1)
1101	and s. 24(a), Art. I of the State Constitution.
1102	(u)  Where the alleged victim chooses not to file a
1103	complaint and requests that records of the complaint remain
1104	confidential, all records relating to an allegation of
1105	employment discrimination are confidential and exempt from the
1106	provisions of subsection (1) and s. 24(a), Art. I of the State
1107	Constitution.
1108	(v)  Medical information pertaining to a prospective,
1109	current, or former officer or employee of an agency which, if
1110	disclosed, would identify that officer or employee is exempt
1111	from the provisions of subsection (1) and s. 24(a), Art. I of
1112	the State Constitution. However, such information may be
1113	disclosed if the person to whom the information pertains or the
1114	person's legal representative provides written permission or
1115	pursuant to court order.
1116	(w)1.  If certified pursuant to subparagraph 2., an
1117	investigatory record of the Chief Inspector General within the
1118	Executive Office of the Governor or of the employee designated
1119	by an agency head as the agency inspector general under s.
1120	112.3189 is exempt from the provisions of subsection (1) and s.
1121	24(a), Art. I of the State Constitution until the investigation
1122	ceases to be active, or a report detailing the investigation is
1123	provided to the Governor or the agency head, or 60 days from the
1124	inception of the investigation for which the record was made or
1125	received, whichever first occurs. Investigatory records are
1126	those records which are related to the investigation of an
1127	alleged, specific act or omission or other wrongdoing, with
1128	respect to an identifiable person or group of persons, based on
1129	information compiled by the Chief Inspector General or by an
1130	agency inspector general, as named under the provisions of s.
1131	112.3189, in the course of an investigation.  An investigation
1132	is active if it is continuing with a reasonable, good faith
1133	anticipation of resolution and with reasonable dispatch.
1134	2.  The Governor, in the case of the Chief Inspector
1135	General, or agency head, in the case of an employee designated
1136	as the agency inspector general under s. 112.3189, may certify
1137	such investigatory records require an exemption to protect the
1138	integrity of the investigation or avoid unwarranted damage to an
1139	individual's good name or reputation.  The certification shall
1140	specify the nature and purpose of the investigation and shall be
1141	kept with the exempt records and made public when the records
1142	are made public.
1143	3.  The provisions of this paragraph do not apply to
1144	whistle-blower investigations conducted pursuant to the
1145	provisions of ss. 112.3187, 112.3188, 112.3189, and 112.31895.
1146	(x)  The social security numbers of all current and former
1147	agency employees which numbers are contained in agency
1148	employment records are exempt from subsection (1) and exempt
1149	from s. 24(a), Art. I of the State Constitution.  As used in
1150	this paragraph, the term "agency" means an agency as defined in
1151	s. 119.011.
1152	(y)  The audit report of an internal auditor prepared for
1153	or on behalf of a unit of local government becomes a public
1154	record when the audit becomes final.  As used in this paragraph,
1155	"unit of local government" means a county, municipality, special
1156	district, local agency, authority, consolidated city-county
1157	government, or any other local governmental body or public body
1158	corporate or politic authorized or created by general or special
1159	law.  An audit becomes final when the audit report is presented
1160	to the unit of local government.  Audit workpapers and notes
1161	related to such audit report are confidential and exempt from
1162	the provisions of subsection (1) and s. 24(a), Art. I of the
1163	State Constitution until the audit is completed and the audit
1164	report becomes final.
1165	(z)  Any data, record, or document used directly or solely
1166	by a municipally owned utility to prepare and submit a bid
1167	relative to the sale, distribution, or use of any service,
1168	commodity, or tangible personal property to any customer or
1169	prospective customer shall be exempt from the provisions of
1170	subsection (1) and s. 24(a), Art. I of the State Constitution.
1171	This exemption commences when a municipal utility identifies in
1172	writing a specific bid to which it intends to respond. This
1173	exemption no longer applies when the contract for sale,
1174	distribution, or use of the service, commodity, or tangible
1175	personal property is executed, a decision is made not to execute
1176	such contract, or the project is no longer under active
1177	consideration. The exemption in this paragraph includes the bid
1178	documents actually furnished in response to the request for
1179	bids. However, the exemption for the bid documents submitted no
1180	longer applies after the bids are opened by the customer or
1181	prospective customer.
1182	(aa)  Upon a request made in a form designated by the
1183	Department of Highway Safety and Motor Vehicles, personal
1184	information contained in a motor vehicle record that identifies
1185	the requester is exempt from subsection (1) and s. 24(a), Art. I
1186	of the State Constitution except as provided in this paragraph.
1187	Personal information includes, but is not limited to, the
1188	requester's social security number, driver identification
1189	number, name, address, telephone number, and medical or
1190	disability information.  For purposes of this paragraph,
1191	personal information does not include information relating to
1192	vehicular crashes, driving violations, and driver's status.
1193	Such request may be made only by the person who is the subject
1194	of the motor vehicle record.  For purposes of this paragraph,
1195	"motor vehicle record" means any record that pertains to a motor
1196	vehicle operator's permit, motor vehicle title, motor vehicle
1197	registration, or identification card issued by the Department of
1198	Highway Safety and Motor Vehicles.  Personal information
1199	contained in motor vehicle records exempted by an individual's
1200	request pursuant to this paragraph shall be released by the
1201	department for any of the following uses:
1202	1.  For use in connection with matters of motor vehicle or
1203	driver safety and theft; motor vehicle emissions; motor vehicle
1204	product alterations, recalls, or advisories; performance
1205	monitoring of motor vehicles and dealers by motor vehicle
1206	manufacturers; and removal of nonowner records from the original
1207	owner records of motor vehicle manufacturers, to carry out the
1208	purposes of the Automobile Information Disclosure Act, the Motor
1209	Vehicle Information and Cost Saving Act, the National Traffic
1210	and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
1211	1992, and the Clean Air Act.
1212	2.  For use by any government agency, including any court
1213	or law enforcement agency, in carrying out its functions, or any
1214	private person or entity acting on behalf of a federal, state,
1215	or local agency in carrying out its functions.
1216	3.  For use in connection with matters of motor vehicle or
1217	driver safety and theft; motor vehicle emissions; motor vehicle
1218	product alterations, recalls, or advisories; performance
1219	monitoring of motor vehicles, motor vehicle parts, and dealers;
1220	motor vehicle market research activities, including survey
1221	research; and removal of nonowner records from the original
1222	owner records of motor vehicle manufacturers.
1223	4.  For use in the normal course of business by a
1224	legitimate business or its agents, employees, or contractors,
1225	but only:
1226	a.  To verify the accuracy of personal information
1227	submitted by the individual to the business or its agents,
1228	employees, or contractors; and
1229	b.  If such information as so submitted is not correct or
1230	is no longer correct, to obtain the correct information, but
1231	only for the purposes of preventing fraud by, pursuing legal
1232	remedies against, or recovering on a debt or security interest
1233	against, the individual.
1234	5.  For use in connection with any civil, criminal,
1235	administrative, or arbitral proceeding in any court or agency or
1236	before any self-regulatory body for:
1237	a.  Service of process by any certified process server,
1238	special process server, or other person authorized to serve
1239	process in this state.
1240	b.  Investigation in anticipation of litigation by an
1241	attorney licensed to practice law in this state or the agent of
1242	the attorney.
1243	c.  Investigation by any person in connection with any
1244	filed proceeding.
1245	d.  Execution or enforcement of judgments and orders.
1246	e.  Compliance with an order of any court.
1247	6.  For use in research activities and for use in producing
1248	statistical reports, so long as the personal information is not
1249	published, redisclosed, or used to contact individuals.
1250	7.  For use by any insurer or insurance support
1251	organization, or by a self-insured entity, or its agents,
1252	employees, or contractors, in connection with claims
1253	investigation activities, anti-fraud activities, rating, or
1254	underwriting.
1255	8.  For use in providing notice to the owners of towed or
1256	impounded vehicles.
1257	9.  For use by any licensed private investigative agency or
1258	licensed security service for any purpose permitted under this
1259	paragraph. Personal information obtained based on an exempt
1260	driver's record may not be provided to a client who cannot
1261	demonstrate a need based on a police report, court order, or a
1262	business or personal relationship with the subject of the
1263	investigation.
1264	10.  For use by an employer or its agent or insurer to
1265	obtain or verify information relating to a holder of a
1266	commercial driver's license that is required under the
1267	Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App. 2710
1268	et seq.
1269	11.  For use in connection with the operation of private
1270	toll transportation facilities.
1271	12.  For bulk distribution for surveys, marketing, or
1272	solicitations when the department has implemented methods and
1273	procedures to ensure that:
1274	a.  Individuals are provided an opportunity, in a clear and
1275	conspicuous manner, to prohibit such uses; and
1276	b.  The information will be used, rented, or sold solely
1277	for bulk distribution for survey, marketing, and solicitations,
1278	and that surveys, marketing, and solicitations will not be
1279	directed at those individuals who have timely requested that
1280	they not be directed at them.
1281	13.  For any use if the requesting person demonstrates that
1282	he or she has obtained the written consent of the person who is
1283	the subject of the motor vehicle record.
1284	14.  For any other use specifically authorized by state
1285	law, if such use is related to the operation of a motor vehicle
1286	or public safety.
1287
1288	Personal information exempted from public disclosure according
1289	to this paragraph may be disclosed by the Department of Highway
1290	Safety and Motor Vehicles to an individual, firm, corporation,
1291	or similar business entity whose primary business interest is to
1292	resell or redisclose the personal information to persons who are
1293	authorized to receive such information.  Prior to the
1294	department's disclosure of personal information, such
1295	individual, firm, corporation, or similar business entity must
1296	first enter into a contract with the department regarding the
1297	care, custody, and control of the personal information to ensure
1298	compliance with the federal Driver's Privacy Protection Act of
1299	1994 and applicable state laws. An authorized recipient of
1300	personal information contained in a motor vehicle record, except
1301	a recipient under subparagraph 12., may contract with the
1302	Department of Highway Safety and Motor Vehicles to resell or
1303	redisclose the information for any use permitted under this
1304	paragraph. However, only authorized recipients of personal
1305	information under subparagraph 12. may resell or redisclose
1306	personal information pursuant to subparagraph 12. Any authorized
1307	recipient who resells or rediscloses personal information shall
1308	maintain, for a period of 5 years, records identifying each
1309	person or entity that receives the personal information and the
1310	permitted purpose for which it will be used. Such records shall
1311	be made available for inspection upon request by the department.
1312	The department shall adopt rules to carry out the purposes of
1313	this paragraph and the federal Driver's Privacy Protection Act
1314	of 1994, Title XXX, Pub. L. No. 103-322. Rules adopted by the
1315	department shall provide for the payment of applicable fees and,
1316	prior to the disclosure of personal information pursuant to this
1317	paragraph, shall require the meeting of conditions by the
1318	requesting person for the purposes of obtaining reasonable
1319	assurance concerning the identity of such requesting person,
1320	and, to the extent required, assurance that the use will be only
1321	as authorized or that the consent of the person who is the
1322	subject of the personal information has been obtained.  Such
1323	conditions may include, but need not be limited to, the making
1324	and filing of a written application in such form and containing
1325	such information and certification requirements as the
1326	department requires.
1327	(bb)  Medical history records and information related to
1328	health or property insurance provided to the Department of
1329	Community Affairs, the Florida Housing Finance Corporation, a
1330	county, a municipality, or a local housing finance agency by an
1331	applicant for or a participant in a federal, state, or local
1332	housing assistance program are confidential and exempt from the
1333	provisions of subsection (1) and s. 24(a), Art. I of the State
1334	Constitution. Governmental entities or their agents shall have
1335	access to such confidential and exempt records and information
1336	for the purpose of auditing federal, state, or local housing
1337	programs or housing assistance programs. Such confidential and
1338	exempt records and information may be used in any administrative
1339	or judicial proceeding, provided such records are kept
1340	confidential and exempt unless otherwise ordered by a court.
1341	(cc)  All personal identifying information; bank account
1342	numbers; and debit, charge, and credit card numbers contained in
1343	records relating to an individual's personal health or
1344	eligibility for health-related services made or received by the
1345	Department of Health or its service providers are confidential
1346	and exempt from the provisions of subsection (1) and s. 24(a),
1347	Art. I of the State Constitution, except as otherwise provided
1348	in this paragraph.  Information made confidential and exempt by
1349	this paragraph shall be disclosed:
1350	1.  With the express written consent of the individual or
1351	the individual's legally authorized representative.
1352	2.  In a medical emergency, but only to the extent
1353	necessary to protect the health or life of the individual.
1354	3.  By court order upon a showing of good cause.
1355	4.  To a health research entity, if the entity seeks the
1356	records or data pursuant to a research protocol approved by the
1357	department, maintains the records or data in accordance with the
1358	approved protocol, and enters into a purchase and data-use
1359	agreement with the department, the fee provisions of which are
1360	consistent with subsection (4) paragraph (1)(a).  The department
1361	may deny a request for records or data if the protocol provides
1362	for intrusive follow-back contacts, has not been approved by a
1363	human studies institutional review board, does not plan for the
1364	destruction of confidential records after the research is
1365	concluded, is administratively burdensome, or does not have
1366	scientific merit.  The agreement must restrict the release of
1367	any information, which would permit the identification of
1368	persons, limit the use of records or data to the approved
1369	research protocol, and prohibit any other use of the records or
1370	data.  Copies of records or data issued pursuant to this
1371	subparagraph remain the property of the department.
1372
1373	This paragraph is subject to the Open Government Sunset Review
1374	Act of 1995, in accordance with s. 119.15, and shall stand
1375	repealed on October 2, 2006, unless reviewed and saved from
1376	repeal through reenactment by the Legislature.
1377	(dd)  Bank account numbers and debit, charge, and credit
1378	card numbers held by an agency are exempt from subsection (1)
1379	and s. 24(a), Art. I of the State Constitution. This exemption
1380	applies to bank account numbers and debit, charge, and credit
1381	card numbers held by an agency before, on, or after the
1382	effective date of this exemption. This paragraph is subject to
1383	the Open Government Sunset Review Act of 1995 in accordance with
1384	s. 119.15, and shall stand repealed on October 2, 2007, unless
1385	reviewed and saved from repeal through reenactment by the
1386	Legislature.
1387	(ee)  Building plans, blueprints, schematic drawings, and
1388	diagrams, including draft, preliminary, and final formats, which
1389	depict the internal layout and structural elements of a
1390	building, arena, stadium, water treatment facility, or other
1391	structure owned or operated by an agency as defined in s.
1392	119.011 are exempt from the provisions of subsection (1) and s.
1393	24(a), Art. I of the State Constitution. This exemption applies
1394	to building plans, blueprints, schematic drawings, and diagrams,
1395	including draft, preliminary, and final formats, which depict
1396	the internal layout and structural elements of a building,
1397	arena, stadium, water treatment facility, or other structure
1398	owned or operated by an agency before, on, or after the
1399	effective date of this act. Information made exempt by this
1400	paragraph may be disclosed to another governmental entity if
1401	disclosure is necessary for the receiving entity to perform its
1402	duties and responsibilities; to a licensed architect, engineer,
1403	or contractor who is performing work on or related to the
1404	building, arena, stadium, water treatment facility, or other
1405	structure owned or operated by an agency; or upon a showing of
1406	good cause before a court of competent jurisdiction.  The
1407	entities or persons receiving such information shall maintain
1408	the exempt status of the information. This paragraph is subject
1409	to the Open Government Sunset Review Act of 1995 in accordance
1410	with s. 119.15, and shall stand repealed on October 2, 2007,
1411	unless reviewed and reenacted by the Legislature.
1412	(ff)1.  Until January 1, 2006, if a social security number,
1413	made confidential and exempt pursuant to s. 119.0721, created
1414	pursuant to s. 1, ch. 2002-256, passed during the 2002 regular
1415	legislative session, or a complete bank account, debit, charge,
1416	or credit card number made exempt pursuant to paragraph (dd),
1417	created pursuant to s. 1, ch. 2002-257, passed during the 2002
1418	regular legislative session, is or has been included in a court
1419	file, such number may be included as part of the court record
1420	available for public inspection and copying unless redaction is
1421	requested by the holder of such number, or by the holder's
1422	attorney or legal guardian, in a signed, legibly written request
1423	specifying the case name, case number, document heading, and
1424	page number. The request must be delivered by mail, facsimile,
1425	electronic transmission, or in person to the clerk of the
1426	circuit court. The clerk of the circuit court does not have a
1427	duty to inquire beyond the written request to verify the
1428	identity of a person requesting redaction.  A fee may not be
1429	charged for the redaction of a social security number or a bank
1430	account, debit, charge, or credit card number pursuant to such
1431	request.
1432	2.  Any person who prepares or files a document to be
1433	recorded in the official records by the county recorder as
1434	provided in chapter 28 may not include a person's social
1435	security number or complete bank account, debit, charge, or
1436	credit card number in that document unless otherwise expressly
1437	required by law. Until January 1, 2006, if a social security
1438	number or a complete bank account, debit, charge or credit card
1439	number is or has been included in a document presented to the
1440	county recorder for recording in the official records of the
1441	county, such number may be made available as part of the
1442	official record available for public inspection and copying. Any
1443	person, or his or her attorney or legal guardian, may request
1444	that a county recorder remove from an image or copy of an
1445	official record placed on a county recorder's publicly available
1446	Internet website, or a publicly available Internet website used
1447	by a county recorder to display public records outside the
1448	office or otherwise made electronically available outside the
1449	county recorder's office to the general public, his or her
1450	social security number or complete account, debit, charge, or
1451	credit card number contained in that official record. Such
1452	request must be legibly written, signed by the requester, and
1453	delivered by mail, facsimile, electronic transmission, or in
1454	person to the county recorder. The request must specify the
1455	identification page number of the document that contains the
1456	number to be redacted. The county recorder does not have a duty
1457	to inquire beyond the written request to verify the identity of
1458	a person requesting redaction. A fee may not be charged for
1459	redacting such numbers.
1460	3.  Upon the effective date of this act, subsections (3)
1461	and (4) of s. 119.0721, do not apply to the clerks of the court
1462	or the county recorder with respect to circuit court records and
1463	official records.
1464	4.  On January 1, 2006, and thereafter, the clerk of the
1465	circuit court and the county recorder must keep complete bank
1466	account, debit, charge, and credit card numbers exempt as
1467	provided for in paragraph (dd), and must keep social security
1468	numbers confidential and exempt as provided for in s. 119.0721,
1469	without any person having to request redaction.
1470	(gg)  All personal identifying information contained in
1471	records relating to a person's health held by local governmental
1472	entities or their service providers for the purpose of
1473	determining eligibility for paratransit services under Title II
1474	of the Americans with Disabilities Act or eligibility for the
1475	transportation disadvantaged program as provided in part I of
1476	chapter 427 is confidential and exempt from the provisions of
1477	subsection (1) and s. 24(a), Art. I of the State Constitution,
1478	except as otherwise provided herein. This exemption applies to
1479	personal identifying information contained in such records held
1480	by local governmental entities or their service providers
1481	before, on, or after the effective date of this exemption.
1482	Information made confidential and exempt by this paragraph shall
1483	be disclosed:
1484	1.  With the express written consent of the individual or
1485	the individual's legally authorized representative;
1486	2.  In a medical emergency, but only to the extent
1487	necessary to protect the health or life of the individual;
1488	3.  By court order upon a showing of good cause; or
1489	4.  For the purpose of determining eligibility for
1490	paratransit services if the individual or the individual's
1491	legally authorized representative has filed an appeal or
1492	petition before an administrative body of a local government or
1493	a court.
1494	(hh)  Any videotape or video signal that, under an
1495	agreement with an agency, is produced, made, or received by, or
1496	is in the custody of, a federally licensed radio or television
1497	station or its agent is exempt from this chapter.
1498	(7)(4)  Nothing in this section shall be construed to
1499	exempt from subsection (1) a public record which was made a part
1500	of a court file and which is not specifically closed by order of
1501	court, except as provided in paragraphs (c), (d), (e), (k), (l),
1502	and (o) of subsection (6) (3) and except information or records
1503	which may reveal the identity of a person who is a victim of a
1504	sexual offense as provided in paragraph (f) of subsection (6)
1505	(3).
1506	(5)  An exemption from this section does not imply an
1507	exemption from or exception to s. 286.011.  The exemption from
1508	or exception to s. 286.011 must be expressly provided.
1509	(8)(6)  Nothing in subsection (6) (3) or any other general
1510	or special law shall limit the access of the Auditor General,
1511	the Office of Program Policy Analysis and Government
1512	Accountability, or any state, county, municipal, university,
1513	board of community college, school district, or special district
1514	internal auditor to public records when such person states in
1515	writing that such records are needed for a properly authorized
1516	audit, examination, or investigation. Such person shall maintain
1517	the exempt or confidential status of a confidentiality of any
1518	public record records that is exempt or are confidential or
1519	exempt from the provisions of subsection (1) and shall be
1520	subject to the same penalties as the custodian custodians of
1521	that record those public records for public disclosure of such
1522	record violating confidentiality.
1523	(9)  An exemption from this section does not imply an
1524	exemption from s. 286.011. The exemption from s. 286.011 must be
1525	expressly provided.
1526	(7)(a)  Any person or organization, including the
1527	Department of Children and Family Services, may petition the
1528	court for an order making public the records of the Department
1529	of Children and Family Services that pertain to investigations
1530	of alleged abuse, neglect, abandonment, or exploitation of a
1531	child or a vulnerable adult. The court shall determine if good
1532	cause exists for public access to the records sought or a
1533	portion thereof. In making this determination, the court shall
1534	balance the best interest of the vulnerable adult or child who
1535	is the focus of the investigation, and in the case of the child,
1536	the interest of that child's siblings, together with the privacy
1537	right of other persons identified in the reports against the
1538	public interest. The public interest in access to such records
1539	is reflected in s. 119.01(1), and includes the need for citizens
1540	to know of and adequately evaluate the actions of the Department
1541	of Children and Family Services and the court system in
1542	providing vulnerable adults and children of this state with the
1543	protections enumerated in ss. 39.001 and 415.101.  However, this
1544	subsection does not contravene ss. 39.202 and 415.107, which
1545	protect the name of any person reporting the abuse, neglect, or
1546	exploitation of a child or a vulnerable adult.
1547	(b)  In cases involving serious bodily injury to a child or
1548	a vulnerable adult, the Department of Children and Family
1549	Services may petition the court for an order for the immediate
1550	public release of records of the department which pertain to the
1551	protective investigation. The petition must be personally served
1552	upon the child or vulnerable adult, the child's parents or
1553	guardian, the legal guardian of that person, if any, and any
1554	person named as an alleged perpetrator in the report of abuse,
1555	neglect, abandonment, or exploitation. The court must determine
1556	if good cause exists for the public release of the records
1557	sought no later than 24 hours, excluding Saturdays, Sundays, and
1558	legal holidays, after the date the department filed the petition
1559	with the court. If the court has neither granted nor denied the
1560	petition within the 24-hour time period, the department may
1561	release to the public summary information including:
1562	1.  A confirmation that an investigation has been conducted
1563	concerning the alleged victim.
1564	2.  The dates and brief description of procedural
1565	activities undertaken during the department's investigation.
1566	3.  The date of each judicial proceeding, a summary of each
1567	participant's recommendations made at the judicial proceedings,
1568	and the rulings of the court.
1569
1570	The summary information may not include the name of, or other
1571	identifying information with respect to, any person identified
1572	in any investigation. In making a determination to release
1573	confidential information, the court shall balance the best
1574	interests of the vulnerable adult or child who is the focus of
1575	the investigation and, in the case of the child, the interests
1576	of that child's siblings, together with the privacy rights of
1577	other persons identified in the reports against the public
1578	interest for access to public records. However, this paragraph
1579	does not contravene ss. 39.202 and 415.107, which protect the
1580	name of any person reporting abuse, neglect, or exploitation of
1581	a child or a vulnerable adult.
1582	(c)  When the court determines that good cause for public
1583	access exists, the court shall direct that the department redact
1584	the name of and other identifying information with respect to
1585	any person identified in any protective investigation report
1586	until such time as the court finds that there is probable cause
1587	to believe that the person identified committed an act of
1588	alleged abuse, neglect, or abandonment.
1589	(10)(8)  The provisions of this section are not intended to
1590	expand or limit the provisions of Rule 3.220, Florida Rules of
1591	Criminal Procedure, regarding the right and extent of discovery
1592	by the state or by a defendant in a criminal prosecution or in
1593	collateral postconviction proceedings.  This section may not be
1594	used by any inmate as the basis for failing to timely litigate
1595	any postconviction action.
1596	Section 8.  Section 119.08, Florida Statutes, is repealed.
1597	Section 9.  Section 119.084, Florida Statutes, is amended
1598	to read:
1599	119.084  Definitions; Copyright of data processing software
1600	created by governmental agencies; sale price and licensing fee;
1601	access to public records; prohibited contracts.--
1602	(1)  As used in this section,:
1603	(a)  "agency" has the same meaning as in s. 119.011(2),
1604	except that the term does not include any private agency,
1605	person, partnership, corporation, or business entity.
1606	(b)  "Data processing software" means the programs and
1607	routines used to employ and control the capabilities of data
1608	processing hardware, including, but not limited to, operating
1609	systems, compilers, assemblers, utilities, library routines,
1610	maintenance routines, applications, and computer networking
1611	programs.
1612	(c)  "Proprietary software" means data processing software
1613	that is protected by copyright or trade secret laws.
1614	(2)  Any agency is authorized to acquire and hold
1615	copyrights for data processing software created by the agency
1616	and to enforce its rights pertaining to such copyrights,
1617	provided that the agency complies with the requirements of this
1618	section.
1619	(a)  Any agency that has acquired a copyright for data
1620	processing software created by the agency may sell or license
1621	the copyrighted data processing software to any public agency or
1622	private person and may establish a price for the sale and a
1623	license fee for the use of such data processing software.
1624	Proceeds from the sale or licensing of copyrighted data
1625	processing software shall be deposited by the agency into a
1626	trust fund for the agency's appropriate use for authorized
1627	purposes.  Counties, municipalities, and other political
1628	subdivisions of the state may designate how such sale and
1629	licensing proceeds are to be used. The price for the sale of and
1630	the fee for the licensing of copyrighted data processing
1631	software may be based on market considerations. However, the
1632	prices or fees for the sale or licensing of copyrighted data
1633	processing software to an individual or entity solely for
1634	application to information maintained or generated by the agency
1635	that created the copyrighted data processing software shall be
1636	determined pursuant to s. 119.07(4)(1).
1637	(b)  The provisions of this subsection are supplemental to,
1638	and shall not supplant or repeal, any other provision of law
1639	that authorizes an agency to acquire and hold copyrights.
1640	(3)  Subject to the restrictions of copyright and trade
1641	secret laws and public records exemptions, agency use of
1642	proprietary software must not diminish the right of the public
1643	to inspect and copy a public record.
1644	(4)  An agency must consider when designing or acquiring an
1645	electronic recordkeeping system that such system is capable of
1646	providing data in some common format such as, but not limited
1647	to, the American Standard Code for Information Interchange.
1648	(5)  Each agency that maintains a public record in an
1649	electronic recordkeeping system shall provide to any person,
1650	pursuant to this chapter, a copy of any public record in that
1651	system which is not exempted by law from public disclosure.  An
1652	agency must provide a copy of the record in the medium requested
1653	if the agency maintains the record in that medium, and the
1654	agency may charge a fee which shall be in accordance with this
1655	chapter.  For the purpose of satisfying a public records
1656	request, the fee to be charged by an agency if it elects to
1657	provide a copy of a public record in a medium not routinely used
1658	by the agency, or if it elects to compile information not
1659	routinely developed or maintained by the agency or that requires
1660	a substantial amount of manipulation or programming, must be in
1661	accordance with s. 119.07(1)(b).
1662	(6)  An agency may not enter into a contract for the
1663	creation or maintenance of a public records database if that
1664	contract impairs the ability of the public to inspect or copy
1665	the public records of that agency, including public records that
1666	are on-line or stored in an electronic recordkeeping system used
1667	by the agency. Such contract may not allow any impediment that
1668	as a practical matter makes it more difficult for the public to
1669	inspect or copy the records than to inspect or copy the agency's
1670	records. The fees and costs for the production of such records
1671	may not be more than the fees or costs charged by the agency.
1672	(3)(7)  This section is subject to the Open Government
1673	Sunset Review Act of 1995 in accordance with s. 119.15 and shall
1674	stand repealed on October 2, 2006, unless reviewed and saved
1675	from repeal through reenactment by the Legislature.
1676	Section 10.  Sections 119.085 and 119.09, Florida Statutes,
1677	are repealed.
1678	Section 11.  Section 119.10, Florida Statutes, is amended
1679	to read:
1680	119.10  Violation of chapter; penalties.--
1681	(1)  Any public officer who:
1682	(a)  Violates any provision of this chapter commits is
1683	guilty of a noncriminal infraction, punishable by fine not
1684	exceeding $500.
1685	(b)     Knowingly violates the provisions of s. 119.07(1) is
1686	subject to suspension and removal or impeachment and, in
1687	addition, commits a misdemeanor of the first degree, punishable
1688	as provided in s. 775.082 or s. 775.083.
1689	(2)  Any person who willfully and knowingly violates:
1690	violating
1691	(a)  Any of the provisions of this chapter commits is
1692	guilty of a misdemeanor of the first degree, punishable as
1693	provided in s. 775.082 or s. 775.083.
1694	(b)(3)  Section Any person who willfully and knowingly
1695	violates s. 119.105 commits a felony of the third degree,
1696	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1697	Section 12.  Section 119.105, Florida Statutes, is amended
1698	to read:
1699	119.105  Protection of victims of crimes or
1700	accidents.--Police reports are public records except as
1701	otherwise made exempt or confidential by general or special law.
1702	Every person is allowed to examine nonexempt or nonconfidential
1703	police reports. A person who comes into possession of exempt or
1704	confidential information contained in police reports may not use
1705	that information for any commercial solicitation of the victims
1706	or relatives of the victims of the reported crimes or accidents
1707	and may not knowingly disclose such information to any third
1708	party for the purpose of such solicitation during the period of
1709	time that information remains exempt or confidential. This
1710	section does not prohibit the publication of such information to
1711	the general public by any news media legally entitled to possess
1712	that information or the use of such information for any other
1713	data collection or analysis purposes by those entitled to
1714	possess that information.
1715	Section 13.  Subsection (1) of section 119.12, Florida
1716	Statutes, is amended to read:
1717	119.12  Attorney's fees.--
1718	(1)  If a civil action is filed against an agency to
1719	enforce the provisions of this chapter and if the court
1720	determines that such agency unlawfully refused to permit a
1721	public record to be inspected, examined, or copied, the court
1722	shall assess and award, against the agency responsible, the
1723	reasonable costs of enforcement including reasonable attorneys'
1724	fees.
1725	Section 14.  Paragraph (a) of subsection (1) of section
1726	120.55, Florida Statutes, is amended to read:
1727	120.55  Publication.--
1728	(1)  The Department of State shall:
1729	(a)1.  Through a continuous revision system, compile and
1730	publish the "Florida Administrative Code." The Florida
1731	Administrative Code shall contain Publish in a permanent
1732	compilation entitled "Florida Administrative Code" all rules
1733	adopted by each agency, citing the specific rulemaking authority
1734	pursuant to which each rule was adopted, all history notes as
1735	authorized in s. 120.545(9), and complete indexes to all rules
1736	contained in the code. Supplementation shall be made as often as
1737	practicable, but at least monthly.  The department may contract
1738	with a publishing firm for the publication, in a timely and
1739	useful form, of the Florida Administrative Code; however, the
1740	department shall retain responsibility for the code as provided
1741	in this section.  This publication shall be the official
1742	compilation of the administrative rules of this state.  The
1743	Department of State shall retain the copyright over the Florida
1744	Administrative Code.
1745	2.  Rules general in form but applicable to only one school
1746	district, community college district, or county, or a part
1747	thereof, or state university rules relating to internal
1748	personnel or business and finance shall not be published in the
1749	Florida Administrative Code. Exclusion from publication in the
1750	Florida Administrative Code shall not affect the validity or
1751	effectiveness of such rules.
1752	3.  At the beginning of the section of the code dealing
1753	with an agency that files copies of its rules with the
1754	department, the department shall publish the address and
1755	telephone number of the executive offices of each agency, the
1756	manner by which the agency indexes its rules, a listing of all
1757	rules of that agency excluded from publication in the code, and
1758	a statement as to where those rules may be inspected.
1759	4.  Forms shall not be published in the Florida
1760	Administrative Code; but any form which an agency uses in its
1761	dealings with the public, along with any accompanying
1762	instructions, shall be filed with the committee before it is
1763	used. Any form or instruction which meets the definition of
1764	"rule" provided in s. 120.52 shall be incorporated by reference
1765	into the appropriate rule.  The reference shall specifically
1766	state that the form is being incorporated by reference and shall
1767	include the number, title, and effective date of the form and an
1768	explanation of how the form may be obtained.
1769	Section 15.  Paragraph (b) of subsection (2) of section
1770	257.36, Florida Statutes, is amended to read:
1771	257.36  Records and information management.--
1772	(2)
1773	(b)  Title to any record detained in any records center
1774	shall remain in the agency transferring such record to the
1775	division. When the Legislature transfers any duty or
1776	responsibility of an agency to another agency, the receiving
1777	agency shall be the custodian of public records with regard to
1778	the public records associated with that transferred duty or
1779	responsibility and shall be responsible for the records storage
1780	service charges of the division. If an agency is dissolved and
1781	the legislation dissolving that agency does not assign an
1782	existing agency as the custodian of public records for the
1783	dissolved agency's records, then the Cabinet is the custodian of
1784	public records for the dissolved agency unless the Cabinet
1785	otherwise designates a custodian. The Cabinet or the agency
1786	designated by the Cabinet shall be responsible for the records
1787	storage service charges of the division.
1788	Section 16.  Subsection (5) of section 328.15, Florida
1789	Statutes, is amended to read:
1790	328.15  Notice of lien on vessel; recording.--
1791	(5)  The Department of Highway Safety and Motor Vehicles
1792	shall make such rules and regulations as it deems necessary or
1793	proper for the effective administration of this law. The
1794	department may by rule require that a notice of satisfaction of
1795	a lien be notarized. The department shall prepare the forms of
1796	the notice of lien and the satisfaction of lien to be supplied,
1797	at a charge not to exceed 50 percent more than cost, to
1798	applicants for recording the liens or satisfactions and shall
1799	keep a permanent record of such notices of lien and
1800	satisfactions available for inspection by the public at all
1801	reasonable times. The division is authorized to furnish
1802	certified copies of such satisfactions for a fee of $1, which
1803	certified copies shall be admissible in evidence in all courts
1804	of this state under the same conditions and to the same effect
1805	as certified copies of other public records.
1806	Section 17.  Subsection (4) of section 372.5717, Florida
1807	Statutes, is amended to read:
1808	372.5717  Hunter safety course; requirements; penalty.--
1809	(4)  The commission shall issue a permanent hunter safety
1810	certification card to each person who successfully completes the
1811	hunter safety course.  The commission shall maintain permanent
1812	records of hunter safety certification cards issued and shall
1813	establish procedures for replacing lost or destroyed cards.
1814	Section 18.  Section 415.1071, Florida Statutes, is created
1815	to read:
1816	415.1071  Release of confidential information.--
1817	(1)  Any person or organization, including the Department
1818	of Children and Family Services, may petition the court for an
1819	order making public the records of the Department of Children
1820	and Family Services that pertain to investigations of alleged
1821	abuse, neglect, or exploitation of a vulnerable adult. The court
1822	shall determine whether good cause exists for public access to
1823	the records sought or a portion thereof. In making this
1824	determination, the court shall balance the best interests of the
1825	vulnerable adult who is the focus of the investigation, together
1826	with the privacy rights of other persons identified in the
1827	reports, against the public interest. The public interest in
1828	access to such records is reflected in s. 119.01(1) and includes
1829	the need for citizens to know of and adequately evaluate the
1830	actions of the Department of Children and Family Services and
1831	the court system in providing vulnerable adults of this state
1832	with the protections enumerated in s. 415.101. However, this
1833	subsection does not contravene s. 415.107, which protects the
1834	name of any person reporting the abuse, neglect, or exploitation
1835	of a vulnerable adult.
1836	(2)  In cases involving serious bodily injury to a
1837	vulnerable adult, the Department of Children and Family Services
1838	may petition the court for an order for the immediate public
1839	release of records of the department which pertain to the
1840	protective investigation. The petition must be personally served
1841	upon the vulnerable adult, the vulnerable adult's legal
1842	guardian, if any, and any person named as an alleged perpetrator
1843	in the report of abuse, neglect, or exploitation. The court must
1844	determine whether good cause exists for the public release of
1845	the records sought no later than 24 hours, excluding Saturdays,
1846	Sundays, and legal holidays, after the date the department filed
1847	the petition with the court. If the court does not grant or deny
1848	the petition within the 24-hour time period, the department may
1849	release to the public summary information including:
1850	(a)  A confirmation that an investigation has been
1851	conducted concerning the alleged victim.
1852	(b)  The dates and a brief description of procedural
1853	activities undertaken during the department's investigation.
1854	(c)  The date of each judicial proceeding, a summary of
1855	each participant's recommendations made at the judicial
1856	proceeding, and the ruling of the court.
1857
1858	The summary information shall not include the name of, or other
1859	identifying information with respect to, any person identified
1860	in any investigation. In making a determination to release
1861	confidential information, the court shall balance the best
1862	interests of the vulnerable adult who is the focus of the
1863	investigation, together with the privacy rights of other persons
1864	identified in the reports, against the public interest for
1865	access to public records. However, this subsection does not
1866	contravene s. 415.107, which protects the name of any person
1867	reporting abuse, neglect, or exploitation of a vulnerable adult.
1868	(3)  When the court determines that good cause for public
1869	access exists, the court shall direct that the department redact
1870	the name of, and other identifying information with respect to,
1871	any person identified in any protective investigation report
1872	until such time as the court finds that there is probable cause
1873	to believe that the person identified committed an act of
1874	alleged abuse, neglect, or exploitation.
1875	Section 19.  Subsection (2) of section 560.121, Florida
1876	Statutes, is amended to read:
1877	560.121  Records; limited restrictions upon public
1878	access.--
1879	(2)  Examination reports, investigatory records,
1880	applications, and related information compiled by the office, or
1881	photographic copies thereof, shall be retained by the office for
1882	a period of at least 3 10 years following the date that the
1883	examination or investigation ceases to be active. Application
1884	records and related information compiled by the office, or
1885	photographic copies thereof, shall be retained by the office for
1886	a period of at least 2 years following the date that the
1887	registration ceases to be active.
1888	Section 20.  Subsection (6) of section 560.123, Florida
1889	Statutes, is amended to read:
1890	560.123  Florida control of money laundering in the Money
1891	Transmitters' Code; reports of transactions involving currency
1892	or monetary instruments; when required; purpose; definitions;
1893	penalties; corpus delicti.--
1894	(6)  The office must retain a copy of all reports received
1895	under subsection (5) for a minimum of 3 5 calendar years after
1896	receipt of the report. However, if a report or information
1897	contained in a report is known by the office to be the subject
1898	of an existing criminal proceeding, the report must be retained
1899	for a minimum of 10 calendar years from the date of receipt.
1900	Section 21.  Subsection (4) of section 560.129, Florida
1901	Statutes, is amended to read:
1902	560.129  Confidentiality.--
1903	(4)  Examination reports, investigatory records,
1904	applications, and related information compiled by the office, or
1905	photographic copies thereof, shall be retained by the office for
1906	a period of at least 3 10 years following the date that the
1907	examination or investigation ceases to be active. Application
1908	records and related information compiled by the office, or
1909	photographic copies thereof, shall be retained by the office for
1910	a period of at least 2 years following the date that the
1911	registration ceases to be active.
1912	Section 22.  Subsection (3) of section 624.311, Florida
1913	Statutes, is amended to read:
1914	624.311  Records; reproductions; destruction.--
1915	(3)  The department, commission, and office may each
1916	photograph, microphotograph, or reproduce on film, or maintain
1917	in an electronic recordkeeping system whereby each page will be
1918	reproduced in exact conformity with the original, all financial
1919	records, financial statements of domestic insurers, reports of
1920	business transacted in this state by foreign insurers and alien
1921	insurers, reports of examination of domestic insurers, and such
1922	other records and documents on file in its office as it may in
1923	its discretion select.
1924	Section 23.  Subsection (1) of section 624.312, Florida
1925	Statutes, is amended to read:
1926	624.312  Reproductions and certified copies of records as
1927	evidence.--
1928	(1)  Photographs or microphotographs in the form of film or
1929	prints, or other reproductions from an electronic recordkeeping
1930	system, of documents and records made under s. 624.311(3), or
1931	made under former s. 624.311(3) before October 1, 1982, shall
1932	have the same force and effect as the originals thereof and
1933	shall be treated as originals for the purpose of their
1934	admissibility in evidence.  Duly certified or authenticated
1935	reproductions of such photographs or microphotographs, or other
1936	reproductions from an electronic recordkeeping system, shall be
1937	as admissible in evidence as the originals.
1938	Section 24.  Subsection (2) of section 633.527, Florida
1939	Statutes, is amended to read:
1940	633.527  Records concerning applicant; extent of
1941	confidentiality.--
1942	(2)  All examination test questions, answer sheets, and
1943	grades shall be retained for a period of 2 5 years following
1944	from the date of the examination.
1945	Section 25.  Subsection (8) of section 655.50, Florida
1946	Statutes, is amended to read:
1947	655.50  Florida Control of Money Laundering in Financial
1948	Institutions Act; reports of transactions involving currency or
1949	monetary instruments; when required; purpose; definitions;
1950	penalties.--
1951	(8)(a)  The office shall retain a copy of all reports
1952	received under subsection (4) for a minimum of 5 calendar years
1953	after receipt of the report. However, if a report or information
1954	contained in a report is known by the office to be the subject
1955	of an existing criminal proceeding, the report shall be retained
1956	for a minimum of 10 calendar years after receipt of the report.
1957	(a)(b)  Each financial institution shall maintain for a
1958	minimum of 5 calendar years full and complete records of all
1959	financial transactions, including all records required by 31
1960	C.F.R. parts 103.33 and 103.34.
1961	(b)(c)  The financial institution shall retain a copy of
1962	all reports filed with the office under subsection (4) for a
1963	minimum of 5 calendar years after submission of the report.
1964	However, if a report or information contained in a report is
1965	known by the financial institution to be the subject of an
1966	existing criminal proceeding, the report shall be retained for a
1967	minimum of 10 calendar years after submission of the report.
1968	(c)(d)  The financial institution shall retain a copy of
1969	all records of exemption for each designation of exempt person
1970	made pursuant to subsection (6) for a minimum of 5 calendar
1971	years after termination of exempt status of such customer.
1972	However, if it is known by the financial institution that the
1973	customer or the transactions of the customer are the subject of
1974	an existing criminal proceeding, the records shall be retained
1975	for a minimum of 10 calendar years after termination of exempt
1976	status of such customer.
1977	Section 26.  Section 945.25, Florida Statutes, is amended
1978	to read:
1979	945.25  Records.--
1980	(1)  It shall be the duty of the Department of Corrections
1981	to obtain and place in its permanent records information as
1982	complete as practicable may be practicably available on every
1983	person who may be sentenced to supervision or incarceration
1984	under the jurisdiction of the department become subject to
1985	parole.  Such information shall be obtained as soon as possible
1986	after imposition of sentence and shall, in the discretion of the
1987	department, include, among other things:
1988	(a)  A copy of the indictment or information and a complete
1989	statement of the facts of the crime for which such person has
1990	been sentenced.
1991	(b)  The court in which the person was sentenced.
1992	(c)  The terms of the sentence.
1993	(d)  The name of the presiding judge, the prosecuting
1994	officers, the investigating officers, and the attorneys for the
1995	person convicted.
1996	(e)  A copy of all probation reports which may have been
1997	made.
1998	(f)  Any social, physical, mental, psychiatric, or criminal
1999	record of such person.
2000	(2)  The department, in its discretion, shall also obtain
2001	and place in its permanent records such information on every
2002	person who may be placed on probation, and on every person who
2003	may become subject to pardon and commutation of sentence.
2004	(2)(3)  It shall be the duty of the court and its
2005	prosecuting officials to furnish to the department upon its
2006	request such information and also to furnish such copies of such
2007	minutes and other records as may be in their possession or under
2008	their control.
2009	(3)(4)  Following the initial hearing provided for in s.
2010	947.172(1), the commission shall prepare and the department
2011	shall include in the official record a copy of the seriousness-
2012	of-offense and favorable-parole-outcome scores and shall include
2013	a listing of the specific factors and information used in
2014	establishing a presumptive parole release date for the inmate.
2015	Section 27.  Paragraph (e) of subsection (4) of section
2016	985.31, Florida Statutes, is amended to read:
2017	985.31  Serious or habitual juvenile offender.--
2018	(4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
2019	(e)  The results of any serologic blood or urine test on a
2020	serious or habitual juvenile offender shall become a part of
2021	that child's permanent medical file. Upon transfer of the child
2022	to any other designated treatment facility, such file shall be
2023	transferred in an envelope marked confidential. The results of
2024	any test designed to identify the human immunodeficiency virus,
2025	or its antigen or antibody, shall be accessible only to persons
2026	designated by rule of the department. The provisions of such
2027	rule shall be consistent with the guidelines established by the
2028	Centers for Disease Control and Prevention.
2029	Section 28.  Paragraph (d) of subsection (6) of section
2030	212.095, Florida Statutes, is amended to read:
2031	212.095  Refunds.--
2032	(6)
2033	(d)  The department shall keep a permanent record of the
2034	amount of refund claimed and paid to each claimant. Such records
2035	shall be open to public inspection.
2036	Section 29.  Subsection (9) of section 238.03, Florida
2037	Statutes, is amended to read:
2038	238.03  Administration.--
2039	(9)  The department is authorized to photograph and reduce
2040	to microfilm as a permanent record, its ledger sheets showing
2041	the salary and contributions of members of the retirement
2042	system, also the records of deceased members of the system and
2043	thereupon to destroy the documents from which such films are
2044	photographed.
2045	Section 30.  Paragraph (f) of subsection (1) of section
2046	23.22, Florida Statutes, is amended to read:
2047	23.22  Paperwork reduction; activities of departments.--
2048	(1)  In order to reduce the amount of paperwork associated
2049	with the collection of information from individuals, private-
2050	sector organizations, and local governments and to provide more
2051	efficient and effective assistance to such individuals and
2052	organizations in completing necessary paperwork required by the
2053	government, each department head shall, to the extent feasible:
2054	(f)  Collaborate with the Division of Library and
2055	Information Services, pursuant to s. 119.021(2) 119.09, to
2056	identify and index records retention requirements placed on
2057	private-sector organizations and local governments in Florida,
2058	clarify and reduce the requirements, and educate the affected
2059	entities through various communications media, including voice,
2060	data, video, radio, and image.
2061	Section 31.  Subsection (2) of section 27.02, Florida
2062	Statutes, is amended to read:
2063	27.02  Duties before court.--
2064	(2)  The state attorney shall provide to the defendant all
2065	discovery materials required pursuant to the applicable rule of
2066	procedure and may charge fees as provided for in s.
2067	119.07(4)(1)(a), not to exceed 15 cents per page for a copy of a
2068	noncertified copy of a public record. However, these fees may be
2069	deferred if the defendant has been determined to be indigent as
2070	provided in s. 27.52.
2071	Section 32.  Paragraph (d) of subsection (1) of section
2072	101.5607, Florida Statutes, is amended to read:
2073	101.5607  Department of State to maintain voting system
2074	information; prepare software.--
2075	(1)
2076	(d)  Section 119.07(6)(3)(o) applies to all software on
2077	file with the Department of State.
2078	Section 33.  Paragraph (b) of subsection (2) of section
2079	112.533, Florida Statutes, is amended to read:
2080	112.533  Receipt and processing of complaints.--
2081	(2)
2082	(b)  This subsection does not apply to any public record
2083	which is exempt from public disclosure pursuant to s.
2084	119.07(6)(3). For the purposes of this subsection, an
2085	investigation shall be considered active as long as it is
2086	continuing with a reasonable, good faith anticipation that an
2087	administrative finding will be made in the foreseeable future.
2088	An investigation shall be presumed to be inactive if no finding
2089	is made within 45 days after the complaint is filed.
2090	Section 34.  Paragraph (e) of subsection (2) of section
2091	1012.31, Florida Statutes, is amended to read:
2092	1012.31  Personnel files.--Public school system employee
2093	personnel files shall be maintained according to the following
2094	provisions:
2095	(2)
2096	(e)  Upon request, an employee, or any person designated in
2097	writing by the employee, shall be permitted to examine the
2098	personnel file of such employee.  The employee shall be
2099	permitted conveniently to reproduce any materials in the file,
2100	at a cost no greater than the fees prescribed in s.
2101	119.07(4)(1).
2102	Section 35.  Subsection (1) of section 257.34, Florida
2103	Statutes, is amended to read:
2104	257.34  Florida International Archive and Repository.--
2105	(1)  There is created within the Division of Library and
2106	Information Services of the Department of State the Florida
2107	International Archive and Repository for the preservation of
2108	those public records, as defined in s. 119.011(11)(1),
2109	manuscripts, international judgments involving disputes between
2110	domestic and foreign businesses, and all other public matters
2111	that the department or the Florida Council of International
2112	Development deems relevant to international issues. It is the
2113	duty and responsibility of the division to:
2114	(a)  Organize and administer the Florida International
2115	Archive and Repository.
2116	(b)  Preserve and administer records that are transferred
2117	to its custody; accept, arrange, and preserve them, according to
2118	approved archival and repository practices; and permit them, at
2119	reasonable times and under the supervision of the division, to
2120	be inspected, examined, and copied. All public records
2121	transferred to the custody of the division are subject to the
2122	provisions of s. 119.07(1).
2123	(c)  Assist the records and information management program
2124	in the determination of retention values for records.
2125	(d)  Cooperate with and assist, insofar as practicable,
2126	state institutions, departments, agencies, counties,
2127	municipalities, and individuals engaged in internationally
2128	related activities.
2129	(e)  Provide a public research room where, under rules
2130	established by the division, the materials in the international
2131	archive and repository may be studied.
2132	(f)  Conduct, promote, and encourage research in
2133	international trade, government, and culture and maintain a
2134	program of information, assistance, coordination, and guidance
2135	for public officials, educational institutions, libraries, the
2136	scholarly community, and the general public engaged in such
2137	research.
2138	(g)  Cooperate with and, insofar as practicable, assist
2139	agencies, libraries, institutions, and individuals in projects
2140	concerned with internationally related issues and preserve
2141	original materials relating to internationally related issues.
2142	(h)  Assist and cooperate with the records and information
2143	management program in the training and information program
2144	described in s. 257.36(1)(g).
2145	Section 36.  Subsection (1) of section 257.35, Florida
2146	Statutes, is amended to read:
2147	257.35  Florida State Archives.--
2148	(1)  There is created within the Division of Library and
2149	Information Services of the Department of State the Florida
2150	State Archives for the preservation of those public records, as
2151	defined in s. 119.011(11)(1), manuscripts, and other archival
2152	material that have been determined by the division to have
2153	sufficient historical or other value to warrant their continued
2154	preservation and have been accepted by the division for deposit
2155	in its custody. It is the duty and responsibility of the
2156	division to:
2157	(a)  Organize and administer the Florida State Archives.
2158	(b)  Preserve and administer such records as shall be
2159	transferred to its custody; accept, arrange, and preserve them,
2160	according to approved archival practices; and permit them, at
2161	reasonable times and under the supervision of the division, to
2162	be inspected, examined, and copied.  All public records
2163	transferred to the custody of the division shall be subject to
2164	the provisions of s. 119.07(1), except that any public record or
2165	other record provided by law to be confidential or prohibited
2166	from inspection by the public shall be made accessible only
2167	after a period of 50 years from the date of the creation of the
2168	record.  Any nonpublic manuscript or other archival material
2169	which is placed in the keeping of the division under special
2170	terms and conditions, shall be made accessible only in
2171	accordance with such law terms and conditions and shall be
2172	exempt from the provisions of s. 119.07(1) to the extent
2173	necessary to meet the terms and conditions for a nonpublic
2174	manuscript or other archival material.
2175	(c)  Assist the records and information management program
2176	in the determination of retention values for records.
2177	(d)  Cooperate with and assist insofar as practicable state
2178	institutions, departments, agencies, counties, municipalities,
2179	and individuals engaged in activities in the field of state
2180	archives, manuscripts, and history and accept from any person
2181	any paper, book, record, or similar material which in the
2182	judgment of the division warrants preservation in the state
2183	archives.
2184	(e)  Provide a public research room where, under rules
2185	established by the division, the materials in the state archives
2186	may be studied.
2187	(f)  Conduct, promote, and encourage research in Florida
2188	history, government, and culture and maintain a program of
2189	information, assistance, coordination, and guidance for public
2190	officials, educational institutions, libraries, the scholarly
2191	community, and the general public engaged in such research.
2192	(g)  Cooperate with and, insofar as practicable, assist
2193	agencies, libraries, institutions, and individuals in projects
2194	designed to preserve original source materials relating to
2195	Florida history, government, and culture and prepare and publish
2196	handbooks, guides, indexes, and other literature directed toward
2197	encouraging the preservation and use of the state's documentary
2198	resources.
2199	(h)  Encourage and initiate efforts to preserve, collect,
2200	process, transcribe, index, and research the oral history of
2201	Florida government.
2202	(i)  Assist and cooperate with the records and information
2203	management program in the training and information program
2204	described in s. 257.36(1)(g).
2205	Section 37.  Section 282.21, Florida Statutes, is amended
2206	to read:
2207	282.21  The State Technology Office's electronic access
2208	services.--The State Technology Office may collect fees for
2209	providing remote electronic access pursuant to s. 119.01(2)(f)
2210	119.085. The fees may be imposed on individual transactions or
2211	as a fixed subscription for a designated period of time.  All
2212	fees collected under this section shall be deposited in the
2213	appropriate trust fund of the program or activity that made the
2214	remote electronic access available.
2215	Section 38.  Paragraph (h) of subsection (2) of section
2216	287.0943, Florida Statutes, is amended to read:
2217	287.0943  Certification of minority business enterprises.--
2218	(2)
2219	(h)  The certification procedures should allow an applicant
2220	seeking certification to designate on the application form the
2221	information the applicant considers to be proprietary,
2222	confidential business information. As used in this paragraph,
2223	"proprietary, confidential business information" includes, but
2224	is not limited to, any information that would be exempt from
2225	public inspection pursuant to the provisions of s. 119.07(6)(3);
2226	trade secrets; internal auditing controls and reports; contract
2227	costs; or other information the disclosure of which would injure
2228	the affected party in the marketplace or otherwise violate s.
2229	286.041. The executor in receipt of the application shall issue
2230	written and final notice of any information for which
2231	noninspection is requested but not provided for by law.
2232	Section 39.  Subsection (1) of section 320.05, Florida
2233	Statutes, is amended to read:
2234	320.05  Records of the department; inspection procedure;
2235	lists and searches; fees.--
2236	(1)  Except as provided in ss. 119.07(6)(3) and 320.025(3),
2237	the department may release records as provided in this section.
2238	Section 40.  Subsection (8) of section 322.20, Florida
2239	Statutes, is amended to read:
2240	322.20  Records of the department; fees; destruction of
2241	records.--
2242	(8)  Except as provided in s. 119.07(6)(3), the department
2243	may release records as provided in this section.
2244	Section 41.  Paragraph (b) of subsection (2) of section
2245	338.223, Florida Statutes, is amended to read:
2246	338.223  Proposed turnpike projects.--
2247	(2)
2248	(b)  In accordance with the legislative intent expressed in
2249	s. 337.273, and after the requirements of paragraph (1)(c) have
2250	been met, the department may acquire lands and property before
2251	making a final determination of the economic feasibility of a
2252	project. The requirements of paragraph (1)(c) do not apply to
2253	hardship and protective purchases of advance right-of-way by the
2254	department. The cost of advance acquisition of right-of-way may
2255	be paid from bonds issued under s. 337.276 or from turnpike
2256	revenues. For purposes of this paragraph, the term "hardship
2257	purchase" means purchase from a property owner of a residential
2258	dwelling of not more than four units who is at a disadvantage
2259	due to health impairment, job loss, or significant loss of
2260	rental income. For purposes of this paragraph, the term
2261	"protective purchase" means that a purchase to limit
2262	development, building, or other intensification of land uses
2263	within the area right-of-way is needed for transportation
2264	facilities. The department shall give written notice to the
2265	Department of Environmental Protection 30 days before final
2266	agency acceptance as set forth in s. 119.07(6)(3)(n), which
2267	notice shall allow the Department of Environmental Protection to
2268	comment. Hardship and protective purchases of right-of-way shall
2269	not influence the environmental feasibility of a project,
2270	including the decision relative to the need to construct the
2271	project or the selection of a specific location. Costs to
2272	acquire and dispose of property acquired as hardship and
2273	protective purchases are considered costs of doing business for
2274	the department and are not to be considered in the determination
2275	of environmental feasibility for the project.
2276	Section 42.  Subsection (5) of section 401.27, Florida
2277	Statutes, is amended to read:
2278	401.27  Personnel; standards and certification.--
2279	(5)  The certification examination must be offered monthly.
2280	The department shall issue an examination admission notice to
2281	the applicant advising him or her of the time and place of the
2282	examination for which he or she is scheduled.  Individuals
2283	achieving a passing score on the certification examination may
2284	be issued a temporary certificate with their examination grade
2285	report.  The department must issue an original certification
2286	within 45 days after the examination. Examination questions and
2287	answers are not subject to discovery but may be introduced into
2288	evidence and considered only in camera in any administrative
2289	proceeding under chapter 120. If an administrative hearing is
2290	held, the department shall provide challenged examination
2291	questions and answers to the administrative law judge. The
2292	department shall establish by rule the procedure by which an
2293	applicant, and the applicant's attorney, may review examination
2294	questions and answers in accordance with s. 119.07(6)(3)(a).
2295	Section 43.  Section 409.2577, Florida Statutes, is amended
2296	to read:
2297	409.2577  Parent locator service.--The department shall
2298	establish a parent locator service to assist in locating parents
2299	who have deserted their children and other persons liable for
2300	support of dependent children.  The department shall use all
2301	sources of information available, including the Federal Parent
2302	Locator Service, and may request and shall receive information
2303	from the records of any person or the state or any of its
2304	political subdivisions or any officer thereof. Any agency as
2305	defined in s. 120.52, any political subdivision, and any other
2306	person shall, upon request, provide the department any
2307	information relating to location, salary, insurance, social
2308	security, income tax, and employment history necessary to locate
2309	parents who owe or potentially owe a duty of support pursuant to
2310	Title IV-D of the Social Security Act.  This provision shall
2311	expressly take precedence over any other statutory nondisclosure
2312	provision which limits the ability of an agency to disclose such
2313	information, except that law enforcement information as provided
2314	in s. 119.07(6)(3)(i) is not required to be disclosed, and
2315	except that confidential taxpayer information possessed by the
2316	Department of Revenue shall be disclosed only to the extent
2317	authorized in s. 213.053(15).  Nothing in this section requires
2318	the disclosure of information if such disclosure is prohibited
2319	by federal law. Information gathered or used by the parent
2320	locator service is confidential and exempt from the provisions
2321	of s. 119.07(1). Additionally, the department is authorized to
2322	collect any additional information directly bearing on the
2323	identity and whereabouts of a person owing or asserted to be
2324	owing an obligation of support for a dependent child. The
2325	department shall, upon request, make information available only
2326	to public officials and agencies of this state; political
2327	subdivisions of this state, including any agency thereof
2328	providing child support enforcement services to non-Title IV-D
2329	clients; the custodial parent, legal guardian, attorney, or
2330	agent of the child; and other states seeking to locate parents
2331	who have deserted their children and other persons liable for
2332	support of dependents, for the sole purpose of establishing,
2333	modifying, or enforcing their liability for support, and shall
2334	make such information available to the Department of Children
2335	and Family Services for the purpose of diligent search
2336	activities pursuant to chapter 39. If the department has
2337	reasonable evidence of domestic violence or child abuse and the
2338	disclosure of information could be harmful to the custodial
2339	parent or the child of such parent, the child support program
2340	director or designee shall notify the Department of Children and
2341	Family Services and the Secretary of the United States
2342	Department of Health and Human Services of this evidence. Such
2343	evidence is sufficient grounds for the department to disapprove
2344	an application for location services.
2345	Section 44.  Subsection (6) of section 455.219, Florida
2346	Statutes, is amended to read:
2347	455.219  Fees; receipts; disposition; periodic management
2348	reports.--
2349	(6)  The department or the appropriate board shall charge a
2350	fee not to exceed $25 for the certification of a public record.
2351	The fee shall be determined by rule of the department. The
2352	department or the appropriate board shall assess a fee for
2353	duplication of a public record as provided in s. 119.07(4)(1)(a)
2354	and (b).
2355	Section 45.  Subsection (11) of section 456.025, Florida
2356	Statutes, is amended to read:
2357	456.025  Fees; receipts; disposition.--
2358	(11)  The department or the appropriate board shall charge
2359	a fee not to exceed $25 for the certification of a public
2360	record. The fee shall be determined by rule of the department.
2361	The department or the appropriate board shall assess a fee for
2362	duplicating a public record as provided in s. 119.07(4)(1)(a)
2363	and (b).
2364	Section 46.  Paragraph (b) of subsection (4) of section
2365	627.311, Florida Statutes, is amended to read:
2366	627.311  Joint underwriters and joint reinsurers; public
2367	records and public meetings exemptions.--
2368	(4)  The Florida Automobile Joint Underwriting Association:
2369	(b)  Shall keep portions of association meetings during
2370	which confidential and exempt underwriting files or confidential
2371	and exempt claims files are discussed exempt from the provisions
2372	of s. 286.011 and s. 24(b), Art. I of the State Constitution.
2373	All closed portions of association meetings shall be recorded by
2374	a court reporter. The court reporter shall record the times of
2375	commencement and termination of the meeting, all discussion and
2376	proceedings, the names of all persons present at any time, and
2377	the names of all persons speaking. No portion of any closed
2378	meeting shall be off the record. Subject to the provisions of
2379	this paragraph and s. 119.07(1)(b)-(d)(2)(a), the court
2380	reporter's notes of any closed meeting shall be retained by the
2381	association for a minimum of 5 years. A copy of the transcript,
2382	less any confidential and exempt information, of any closed
2383	meeting during which confidential and exempt claims files are
2384	discussed shall become public as to individual claims files
2385	after settlement of that claim.
2386	Section 47.  Paragraph (n) of subsection (6) of section
2387	627.351, Florida Statutes, is amended to read:
2388	627.351  Insurance risk apportionment plans.--
2389	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
2390	(n)1.  The following records of the corporation are
2391	confidential and exempt from the provisions of s. 119.07(1) and
2392	s. 24(a), Art. I of the State Constitution:
2393	a.  Underwriting files, except that a policyholder or an
2394	applicant shall have access to his or her own underwriting
2395	files.
2396	b.  Claims files, until termination of all litigation and
2397	settlement of all claims arising out of the same incident,
2398	although portions of the claims files may remain exempt, as
2399	otherwise provided by law. Confidential and exempt claims file
2400	records may be released to other governmental agencies upon
2401	written request and demonstration of need; such records held by
2402	the receiving agency remain confidential and exempt as provided
2403	for herein.
2404	c.  Records obtained or generated by an internal auditor
2405	pursuant to a routine audit, until the audit is completed, or if
2406	the audit is conducted as part of an investigation, until the
2407	investigation is closed or ceases to be active.  An
2408	investigation is considered "active" while the investigation is
2409	being conducted with a reasonable, good faith belief that it
2410	could lead to the filing of administrative, civil, or criminal
2411	proceedings.
2412	d.  Matters reasonably encompassed in privileged attorney-
2413	client communications.
2414	e.  Proprietary information licensed to the corporation
2415	under contract and the contract provides for the confidentiality
2416	of such proprietary information.
2417	f.  All information relating to the medical condition or
2418	medical status of a corporation employee which is not relevant
2419	to the employee's capacity to perform his or her duties, except
2420	as otherwise provided in this paragraph. Information which is
2421	exempt shall include, but is not limited to, information
2422	relating to workers' compensation, insurance benefits, and
2423	retirement or disability benefits.
2424	g.  Upon an employee's entrance into the employee
2425	assistance program, a program to assist any employee who has a
2426	behavioral or medical disorder, substance abuse problem, or
2427	emotional difficulty which affects the employee's job
2428	performance, all records relative to that participation shall be
2429	confidential and exempt from the provisions of s. 119.07(1) and
2430	s. 24(a), Art. I of the State Constitution, except as otherwise
2431	provided in s. 112.0455(11).
2432	h.  Information relating to negotiations for financing,
2433	reinsurance, depopulation, or contractual services, until the
2434	conclusion of the negotiations.
2435	i.  Minutes of closed meetings regarding underwriting
2436	files, and minutes of closed meetings regarding an open claims
2437	file until termination of all litigation and settlement of all
2438	claims with regard to that claim, except that information
2439	otherwise confidential or exempt by law will be redacted.
2440
2441	When an authorized insurer is considering underwriting a risk
2442	insured by the corporation, relevant underwriting files and
2443	confidential claims files may be released to the insurer
2444	provided the insurer agrees in writing, notarized and under
2445	oath, to maintain the confidentiality of such files.  When a
2446	file is transferred to an insurer that file is no longer a
2447	public record because it is not held by an agency subject to the
2448	provisions of the public records law. Underwriting files and
2449	confidential claims files may also be released to staff of and
2450	the board of governors of the market assistance plan established
2451	pursuant to s. 627.3515, who must retain the confidentiality of
2452	such files, except such files may be released to authorized
2453	insurers that are considering assuming the risks to which the
2454	files apply, provided the insurer agrees in writing, notarized
2455	and under oath, to maintain the confidentiality of such files.
2456	Finally, the corporation or the board or staff of the market
2457	assistance plan may make the following information obtained from
2458	underwriting files and confidential claims files available to
2459	licensed general lines insurance agents: name, address, and
2460	telephone number of the residential property owner or insured;
2461	location of the risk; rating information; loss history; and
2462	policy type.  The receiving licensed general lines insurance
2463	agent must retain the confidentiality of the information
2464	received.
2465	2.  Portions of meetings of the corporation are exempt from
2466	the provisions of s. 286.011 and s. 24(b), Art. I of the State
2467	Constitution wherein confidential underwriting files or
2468	confidential open claims files are discussed.  All portions of
2469	corporation meetings which are closed to the public shall be
2470	recorded by a court reporter. The court reporter shall record
2471	the times of commencement and termination of the meeting, all
2472	discussion and proceedings, the names of all persons present at
2473	any time, and the names of all persons speaking.  No portion of
2474	any closed meeting shall be off the record.  Subject to the
2475	provisions hereof and s. 119.07(1)(b)-(d)(2)(a), the court
2476	reporter's notes of any closed meeting shall be retained by the
2477	corporation for a minimum of 5 years. A copy of the transcript,
2478	less any exempt matters, of any closed meeting wherein claims
2479	are discussed shall become public as to individual claims after
2480	settlement of the claim.
2481	Section 48.  Subsection (1) of section 633.527, Florida
2482	Statutes, is amended to read:
2483	633.527  Records concerning applicant; extent of
2484	confidentiality.--
2485	(1)  Test material is made confidential by s.
2486	119.07(6)(3)(a). An applicant may waive in writing the
2487	confidentiality of his or her examination answer sheet for the
2488	purpose of discussion with the State Fire Marshal or his or her
2489	staff.
2490	Section 49.  Paragraph (m) of subsection (2) of section
2491	668.50, Florida Statutes, is amended to read:
2492	668.50  Uniform Electronic Transaction Act.--
2493	(2)  DEFINITIONS.--As used in this section:
2494	(m)  "Record" means information that is inscribed on a
2495	tangible medium or that is stored in an electronic or other
2496	medium and is retrievable in perceivable form, including public
2497	records as defined in s. 119.011(11)(1).
2498	Section 50.  Subsection (1) of section 794.024, Florida
2499	Statutes, is amended to read:
2500	794.024  Unlawful to disclose identifying information.--
2501	(1)  A public employee or officer who has access to the
2502	photograph, name, or address of a person who is alleged to be
2503	the victim of an offense described in this chapter, chapter 800,
2504	s. 827.03, s. 827.04, or s. 827.071 may not willfully and
2505	knowingly disclose it to a person who is not assisting in the
2506	investigation or prosecution of the alleged offense or to any
2507	person other than the defendant, the defendant's attorney, a
2508	person specified in an order entered by the court having
2509	jurisdiction of the alleged offense, or organizations authorized
2510	to receive such information made exempt by s. 119.07(6)(3)(f),
2511	or to a rape crisis center or sexual assault counselor, as
2512	defined in s. 90.5035(1)(b), who will be offering services to
2513	the victim.
2514	Section 51.  Paragraph (c) of subsection (3) of section
2515	921.0022, Florida Statutes, is amended to read:
2516	921.0022  Criminal Punishment Code; offense severity
2517	ranking chart.--
2518	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
2519
	(c)  LEVEL 3
2520
	119.10(2)(b) (3) 3rd Unlawful use of confidential information from police reports.
2521
	316.066(3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash reports.
2522
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
2523
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
2524
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
2525
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
2526
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
2527
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
2528
	327.35(2)(b) 3rd Felony BUI.
2529
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
2530
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
2531
	370.12(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
2532
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
2533
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
2534
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
2535
	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
2536
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
2537
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
2538
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
2539
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
2540
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
2541
	697.08 3rd Equity skimming.
2542
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
2543
	796.05(1) 3rd Live on earnings of a prostitute.
2544
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
2545
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
2546
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
2547
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
2548
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
2549
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
2550
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
2551
	817.233 3rd Burning to defraud insurer.
2552
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
2553
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
2554
	817.236 3rd Filing a false motor vehicle insurance application.
2555
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
2556
	817.413(2) 3rd Sale of used goods as new.
2557
	817.505(4) 3rd Patient brokering.
2558
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
2559
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
2560
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
2561
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
2562
	843.19 3rd Injure, disable, or kill police dog or horse.
2563
	860.15(3) 3rd Overcharging for repairs and parts.
2564
	870.01(2) 3rd Riot; inciting or encouraging.
2565
	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
2566
	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
2567
	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
2568
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
2569
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
2570
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
2571
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
2572
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
2573
	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
2574
	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
2575
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
2576
	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
2577
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
2578
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
2579
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
2580
	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
2581	Section 52.  For the purpose of incorporating the amendment
2582	to section 945.25, Florida Statutes, in a reference thereto,
2583	paragraph (a) of subsection (2) of section 947.13, Florida
2584	Statutes, is reenacted to read:
2585	947.13  Powers and duties of commission.--
2586	(2)(a)  The commission shall immediately examine records of
2587	the department under s. 945.25, and any other records which it
2588	obtains, and may make such other investigations as may be
2589	necessary.
2590	Section 53.  Section 430.015, Florida Statutes, is
2591	repealed.
2592	Section 54.  Section 440.132, Florida Statutes, is amended
2593	to read:
2594	440.132  Investigatory records relating to workers'
2595	compensation managed care arrangements; confidentiality.--
2596	(1)  All investigatory records of the Agency for Health
2597	Care Administration made or received pursuant to s. 440.134 and
2598	any examination records necessary to complete an investigation
2599	are confidential and exempt from the provisions of s. 119.07(1)
2600	and s. 24(a), Art. I of the State Constitution until the
2601	investigation is completed or ceases to be active, except that
2602	portions of medical records which specifically identify patients
2603	must remain confidential and exempt. An investigation is
2604	considered "active" while such investigation is being conducted
2605	by the agency with a reasonable, good faith belief that it may
2606	lead to the filing of administrative, civil, or criminal
2607	proceedings. An investigation does not cease to be active if the
2608	agency is proceeding with reasonable dispatch and there is good
2609	faith belief that action may be initiated by the agency or other
2610	administrative or law enforcement agency.
2611	(2)  The Legislature finds that it is a public necessity
2612	that these investigatory and examination records be held
2613	confidential and exempt during an investigation in order not to
2614	compromise the investigation and disseminate potentially
2615	inaccurate information. To the extent this information is made
2616	available to the public, those persons being investigated will
2617	have access to such information which would potentially defeat
2618	the purpose of the investigation. This would impede the
2619	effective and efficient operation of investigatory governmental
2620	functions.
2621	Section 55.  Sections 723.0065 and 768.301, Florida
2622	Statutes, are repealed.
2623	Section 56.  Paragraph (a) of subsection (7) of section
2624	943.031, Florida Statutes, is amended to read:
2625	943.031  Florida Violent Crime and Drug Control
2626	Council.--The Legislature finds that there is a need to develop
2627	and implement a statewide strategy to address violent criminal
2628	activity and drug control efforts by state and local law
2629	enforcement agencies, including investigations of illicit money
2630	laundering. In recognition of this need, the Florida Violent
2631	Crime and Drug Control Council is created within the department.
2632	The council shall serve in an advisory capacity to the
2633	department.
2634	(7)  CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL MEETINGS
2635	AND RECORDS.--
2636	(a)1.  The Legislature finds that during limited portions
2637	of the meetings of the Florida Violent Crime and Drug Control
2638	Council it is necessary that the council be presented with and
2639	discuss details, information, and documents related to active
2640	criminal investigations or matters constituting active criminal
2641	intelligence, as those concepts are defined by s. 119.011. These
2642	presentations and discussions are necessary for the council to
2643	make its funding decisions as required by the Legislature. The
2644	Legislature finds that to reveal the contents of documents
2645	containing active criminal investigative or intelligence
2646	information or to allow active criminal investigative or active
2647	criminal intelligence matters to be discussed in a meeting open
2648	to the public negatively impacts the ability of law enforcement
2649	agencies to efficiently continue their investigative or
2650	intelligence gathering activities. The Legislature finds that
2651	information coming before the council that pertains to active
2652	criminal investigations or intelligence should remain
2653	confidential and exempt from public disclosure. The Legislature
2654	finds that the Florida Violent Crime and Drug Control Council
2655	may, by declaring only those portions of council meetings in
2656	which active criminal investigative or active criminal
2657	intelligence information is to be presented or discussed closed
2658	to the public, assure an appropriate balance between the policy
2659	of this state that meetings be public and the policy of this
2660	state to facilitate efficient law enforcement efforts.
2661	2.  The Legislature finds that it is a public necessity
2662	that portions of the meetings of the Florida Violent Crime and
2663	Drug Control Council be closed when the confidential details,
2664	information, and documents related to active criminal
2665	investigations or matters constituting active criminal
2666	intelligence are discussed. The Legislature further finds that
2667	it is no less a public necessity that portions of public records
2668	generated at closed council meetings, such as tape recordings,
2669	minutes, and notes, memorializing the discussions regarding such
2670	confidential details, information, and documents related to
2671	active criminal investigations or matters constituting active
2672	criminal intelligence, also shall be held confidential.
2673	Section 57.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.