Senate Bill sb1678

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    Florida Senate - 2004                                  SB 1678

    By the Committee on Governmental Oversight and Productivity





    302-1035B-04

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         39.2021, F.S.; authorizing a petition for an

  4         order to make public records pertaining to

  5         certain investigations by the Department of

  6         Children and Family Services; amending s.

  7         119.01, F.S.; establishing state policy with

  8         respect to public records; requiring

  9         governmental agencies to consider certain

10         factors in designing or acquiring electronic

11         recordkeeping systems; providing certain

12         restrictions with respect to electronic

13         recordkeeping systems and proprietary software;

14         requiring governmental agencies to provide

15         copies of public records stored in electronic

16         recordkeeping systems; authorizing agencies to

17         charge a fee for such copies; specifying

18         circumstances under which the financial,

19         business, and membership records of an

20         organization are public records; amending s.

21         119.011, F.S.; providing definitions; repealing

22         ss. 119.0115, 119.012, and 119.02, F.S.,

23         relating to specified exemption for certain

24         videotapes and video signals, records made

25         public by the use of public funds, and

26         penalties for violation of public records

27         requirements by a public officer; amending s.

28         119.021, F.S.; providing requirements for

29         governmental agencies in maintaining and

30         preserving public records; requiring the

31         Division of Library and Information Services of

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    Florida Senate - 2004                                  SB 1678
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 1         the Department of State to adopt rules for

 2         retaining and disposing of public records;

 3         authorizing the division to provide for

 4         archiving certain noncurrent records; providing

 5         for the destruction of certain records and the

 6         continued maintenance of certain records;

 7         providing for the disposition of records at the

 8         end of an official's term of office; requiring

 9         that a custodian of public records demand

10         delivery of records held unlawfully; repealing

11         ss. 119.031, 119.041, 119.05, and 119.06, F.S.,

12         relating to the retention and disposal of

13         public records and the delivery of records held

14         unlawfully; amending s. 119.07, F.S.; revising

15         provisions governing the inspection and copying

16         of public records; establishing fees for

17         copying; providing requirements for making

18         photographs; authorizing additional means of

19         copying; repealing s. 119.08, F.S., relating to

20         requirements for making photographs of public

21         records; amending s. 119.084, F.S.; deleting

22         certain provisions governing the maintenance of

23         public records in an electronic recordkeeping

24         system; repealing ss. 119.085 and 119.09, F.S.,

25         relating to remote electronic access to public

26         records and the program for records and

27         information management of the Department of

28         State; amending s. 119.10, F.S.; clarifying

29         provisions with respect to penalties for

30         violations of ch. 119, F.S.; amending s.

31         119.105, F.S.; clarifying provisions under

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 1         which certain police reports may be exempt from

 2         the public records law; amending s. 120.55,

 3         F.S.; revising provisions with respect to

 4         publication of the Florida Administrative Code

 5         to provide that the Department of State is

 6         required to compile and publish the code

 7         through a continuous revision system; amending

 8         s. 257.36, F.S.; providing procedures with

 9         respect to the official custody of records upon

10         the transfer of duties or responsibilities

11         between state agencies or the dissolution of a

12         state agency; amending s. 328.15, F.S.;

13         revising the classification of records of

14         notices and satisfaction of liens on vessels

15         maintained by the Department of Highway Safety

16         and Motor Vehicles; amending s. 372.5717, F.S.;

17         revising the classification of records of

18         hunter safety certification cards maintained by

19         the Fish and Wildlife Conservation Commission;

20         creating s. 415.1071, F.S.; authorizing a

21         petition for an order making public certain

22         investigatory records of the Department of

23         Children and Family Services; amending s.

24         560.121, F.S.; decreasing and qualifying the

25         period of retention for examination reports,

26         investigatory records, applications,

27         application records, and related information

28         compiled by the Department of Banking and

29         Finance under the Money Transmitters' Code;

30         amending s. 560.123, F.S.; decreasing the

31         period of retention for specified reports filed

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 1         by money transmitters with the Department of

 2         Banking and Finance under the Money

 3         Transmitters' Code; amending s. 560.129, F.S.;

 4         decreasing and qualifying the period of

 5         retention for examination reports,

 6         investigatory records, applications,

 7         application records, and related information

 8         compiled by the Department of Banking and

 9         Finance under the Money Transmitters' Code;

10         amending s. 624.311, F.S.; authorizing the

11         Department of Insurance to maintain an

12         electronic recordkeeping system for specified

13         records, statements, reports, and documents;

14         eliminating a standard for the reproduction of

15         such records, statements, reports, and

16         documents; amending s. 624.312, F.S.; providing

17         that reproductions from an electronic

18         recordkeeping system of specified documents and

19         records of the Department of Insurance shall be

20         treated as originals for the purpose of their

21         admissibility in evidence; amending s. 633.527,

22         F.S.; decreasing the period of retention for

23         specified examination test questions, answer

24         sheets, and grades in the possession of the

25         Division of State Fire Marshal of the

26         Department of Insurance; amending s. 655.50,

27         F.S.; revising requirements of the Department

28         of Banking and Finance with respect to

29         retention of copies of specified reports and

30         records of exemption submitted or filed by

31         financial institutions under the Florida

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 1         Control of Money Laundering in Financial

 2         Institutions Act; amending s. 945.25, F.S.;

 3         requiring the Department of Corrections to

 4         obtain and place in its records specified

 5         information on every person who may be

 6         sentenced to supervision or incarceration under

 7         the jurisdiction of the department; eliminating

 8         a requirement of the department, in its

 9         discretion, to obtain and place in its

10         permanent records specified information on

11         persons placed on probation and on persons who

12         may become subject to pardon and commutation of

13         sentence; amending s. 985.31, F.S.; revising

14         the classification of specified medical files

15         of serious or habitual juvenile offenders;

16         repealing s. 212.095(6)(d), F.S., which

17         requires the Department of Revenue to keep a

18         permanent record of the amounts of refunds

19         claimed and paid under ch. 212, F.S., and which

20         requires that such records shall be open to

21         public inspection; repealing s. 238.03(9),

22         F.S., relating to the authority of the

23         Department of Management Services to photograph

24         and reduce to microfilm as a permanent record

25         its ledger sheets showing the salaries and

26         contributions of members of the Teachers'

27         Retirement System of Florida, the records of

28         deceased members of the system, and the

29         authority to destroy the documents from which

30         such films derive; amending ss. 23.22,

31         101.5607, 112.533, 1012.31, 257.34, 257.35,

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 1         282.21, 287.0943, 320.05, 322.20, 338.223,

 2         378.406, 400.0077, 401.27, 403.111, 409.2577,

 3         455.219, 456.025, 627.311, 627.351, 633.527,

 4         668.50, and 794.024, F.S.; conforming

 5         cross-references; reenacting s. 947.13(2)(a),

 6         F.S., relating to the duty of the Parole

 7         Commission to examine specified records, to

 8         incorporate the amendment to s. 945.25, F.S.,

 9         in a reference thereto; repealing s. 430.015,

10         F.S.; removing a public necessity statement for

11         a public records exemption for identifying

12         information contained in records of elderly

13         persons collected and held by the Department of

14         Elderly Affairs; amending s. 440.132, F.S.;

15         removing a public necessity statement for a

16         public records exemption for investigatory

17         records of the Agency for Health Care

18         Administration made or received pursuant to a

19         workers' compensation managed care arrangement

20         and examination records necessary to complete

21         an investigation; repealing s. 723.0065, F.S.;

22         removing a public necessity statement for a

23         public records exemption for specified

24         financial records of mobile home park owners

25         acquired by the Division of Florida Land Sales,

26         Condominiums, and Mobile Homes of the

27         Department of Business and Professional

28         Regulation, and the Bureau of Mobile Homes of

29         the division; repealing s. 768.301, F.S.;

30         removing a public necessity statement for a

31         public records exemption for certain claims

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 1         files records and minutes of meetings and

 2         proceedings relating to risk management

 3         programs entered into by the state and its

 4         agencies and subdivisions, and a public

 5         meetings exemption for proceedings and meetings

 6         regarding claims filed; amending s. 943.031,

 7         F.S.; removing a public necessity statement for

 8         a public records and public meetings exemption

 9         for specified portions of meetings of the

10         Florida Violent Crime and Drug Control Council,

11         specified portions of public records generated

12         at closed council meetings, and documents

13         related to active criminal investigations or

14         matters constituting active criminal

15         intelligence; providing an effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Section 39.2021, Florida Statutes, is

20  created to read:

21         39.2021  Release of confidential information.--

22         (1)  Any person or organization, including the

23  Department of Children and Family Services, may petition the

24  court for an order making public the records of the Department

25  of Children and Family Services which pertain to

26  investigations of alleged abuse, abandonment, or neglect of a

27  child. The court shall determine if good cause exists for

28  public access to the records sought or a portion thereof. In

29  making this determination, the court shall balance the best

30  interests of the child who is the focus of the investigation

31  and the interest of that child's siblings, together with the

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 1  privacy right of other persons identified in the reports

 2  against the public interest. The public interest in access to

 3  such records is reflected in s. 119.01(1), and includes the

 4  need for citizens to know of and adequately evaluate the

 5  actions of the Department of Children and Family Services and

 6  the court system in providing children of this state with the

 7  protections enumerated in s. 39.001. However, this subsection

 8  does not contravene s. 39.202, which protects the name of any

 9  person reporting the abuse, abandonment, or neglect of a

10  child.

11         (2)  In cases involving serious bodily injury to a

12  child, the Department of Children and Family Services may

13  petition the court for an order for the immediate public

14  release of records of the department which pertain to the

15  protective investigation. The petition must be personally

16  served upon the child, the child's parent or guardian, and any

17  person named as an alleged perpetrator in the report of abuse,

18  abandonment, or neglect. The court must determine if good

19  cause exists for the public release of the records sought no

20  later than 24 hours, excluding Saturdays, Sundays, and legal

21  holidays, after the date the department filed the petition

22  with the court. If the court does not grant or deny the

23  petition within the 24-hour time period, the department may

24  release to the public summary information including:

25         (a)  A confirmation that an investigation has been

26  conducted concerning the alleged victim.

27         (b)  The dates and brief description of procedural

28  activities undertaken during the department's investigation.

29         (c)  The date of each judicial proceeding, a summary of

30  each participant's recommendations made at the judicial

31  proceeding, and the ruling of the court.

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 1  

 2  The summary information shall not include the name of, or

 3  other identifying information with respect to, any person

 4  identified in any investigation. In making a determination to

 5  release confidential information, the court shall balance the

 6  best interests of the child who is the focus of the

 7  investigation and the interests of that child's siblings,

 8  together with the privacy rights of other persons identified

 9  in the reports against the public interest for access to

10  public records. However, this subsection does not contravene

11  s. 39.202, which protects the name of any person reporting

12  abuse, abandonment, or neglect of a child.

13         (3)  When the court determines that good cause for

14  public access exists, the court shall direct that the

15  department redact the name of and other identifying

16  information with respect to any person identified in any

17  protective investigation report until such time as the court

18  finds that there is probable cause to believe that the person

19  identified committed an act of alleged abuse, abandonment, or

20  neglect.

21         Section 2.  Section 119.01, Florida Statutes, is

22  amended to read:

23         119.01  General state policy on public records.--

24         (1)  It is the policy of this state that all state,

25  county, and municipal records are shall be open for personal

26  inspection by any person.

27         (2)  The Legislature finds that, given advancements in

28  technology, Providing access to public records is a duty of

29  each agency by remote electronic means is an additional method

30  of access that agencies should strive to provide to the extent

31  feasible.  If an agency provides access to public records by

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 1  remote electronic means, then such access should be provided

 2  in the most cost-effective and efficient manner available to

 3  the agency providing the information.

 4         (2)(a)(3)  The Legislature finds that providing access

 5  to public records is a duty of each agency and that Automation

 6  of public records must not erode the right of access to those

 7  records. As each agency increases its use of and dependence on

 8  electronic recordkeeping, each agency must provide ensure

 9  reasonable public access to records electronically maintained

10  and must ensure that exempt or confidential records are not

11  disclosed except as otherwise permitted by law.

12         (b)  An agency must consider when designing or

13  acquiring an electronic recordkeeping system whether such

14  system is capable of providing data in some common format such

15  as, but not limited to, the American Standard Code for

16  Information Interchange.

17         (c)  An agency may not enter into a contract for the

18  creation or maintenance of a public records database if that

19  contract impairs the ability of the public to inspect or copy

20  the public records of the agency, including public records

21  that are on-line or stored in an electronic recordkeeping

22  system used by the agency.

23         (d)  Subject to the restrictions of copyright and trade

24  secret laws and public records exemptions, agency use of

25  proprietary software must not diminish the right of the public

26  to inspect and copy a public record.

27         (e)  Providing access to public records by remote

28  electronic means is an additional method of access that

29  agencies should strive to provide to the extent feasible. If

30  an agency provides access to public records by remote

31  electronic means, such access should be provided in the most

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 1  cost-effective and efficient manner available to the agency

 2  providing the information.

 3         (f)  Each agency that maintains a public record in an

 4  electronic recordkeeping system shall provide to any person,

 5  pursuant to this chapter, a copy of any public record in that

 6  system which is not exempted by law from public disclosure. An

 7  agency must provide a copy of the record in the medium

 8  requested if the agency maintains the record in that medium,

 9  and the agency may charge a fee in accordance with this

10  chapter. For the purpose of satisfying a public records

11  request, the fee to be charged by an agency if it elects to

12  provide a copy of a public record in a medium not routinely

13  used by the agency, or if it elects to compile information not

14  routinely developed or maintained by the agency or that

15  requires a substantial amount of manipulation or programming,

16  must be in accordance with s. 119.07(4).

17         (3)  If public funds are expended by an agency defined

18  in s. 119.011 in payment of dues or membership contributions

19  for any person, corporation, foundation, trust, association,

20  group, or other organization, all the financial, business, and

21  membership records of that person, corporation, foundation,

22  trust, association, group, or other organization which pertain

23  to the public agency are public records and subject to the

24  provisions of s. 119.07.

25         (4)  Each agency shall establish a program for the

26  disposal of records that do not have sufficient legal, fiscal,

27  administrative, or archival value in accordance with retention

28  schedules established by the records and information

29  management program of the Division of Library and Information

30  Services of the Department of State.

31  

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 1         Section 3.  Section 119.011, Florida Statutes, is

 2  amended to read:

 3         119.011  Definitions.--As used in For the purpose of

 4  this chapter, the term:

 5         (1)  "Actual cost of duplication" means the cost of the

 6  material and supplies used to duplicate the public record, but

 7  does not include labor cost or overhead cost associated with

 8  such duplication. "Public records" means all documents,

 9  papers, letters, maps, books, tapes, photographs, films, sound

10  recordings, data processing software, or other material,

11  regardless of the physical form, characteristics, or means of

12  transmission, made or received pursuant to law or ordinance or

13  in connection with the transaction of official business by any

14  agency.

15         (2)  "Agency" means any state, county, district,

16  authority, or municipal officer, department, division, board,

17  bureau, commission, or other separate unit of government

18  created or established by law including, for the purposes of

19  this chapter, the Commission on Ethics, the Public Service

20  Commission, and the Office of Public Counsel, and any other

21  public or private agency, person, partnership, corporation, or

22  business entity acting on behalf of any public agency.

23         (3)(a)  "Criminal intelligence information" means

24  information with respect to an identifiable person or group of

25  persons collected by a criminal justice agency in an effort to

26  anticipate, prevent, or monitor possible criminal activity.

27         (b)  "Criminal investigative information" means

28  information with respect to an identifiable person or group of

29  persons compiled by a criminal justice agency in the course of

30  conducting a criminal investigation of a specific act or

31  omission, including, but not limited to, information derived

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 1  from laboratory tests, reports of investigators or informants,

 2  or any type of surveillance.

 3         (c)  "Criminal intelligence information" and "criminal

 4  investigative information" shall not include:

 5         1.  The time, date, location, and nature of a reported

 6  crime.

 7         2.  The name, sex, age, and address of a person

 8  arrested or of the victim of a crime except as provided in s.

 9  119.07(6)(f) s. 119.07(3)(f).

10         3.  The time, date, and location of the incident and of

11  the arrest.

12         4.  The crime charged.

13         5.  Documents given or required by law or agency rule

14  to be given to the person arrested, except as provided in s.

15  119.07(6)(f) s. 119.07(3)(f), and, except that the court in a

16  criminal case may order that certain information required by

17  law or agency rule to be given to the person arrested be

18  maintained in a confidential manner and exempt from the

19  provisions of s. 119.07(1) until released at trial if it is

20  found that the release of such information would:

21         a.  Be defamatory to the good name of a victim or

22  witness or would jeopardize the safety of such victim or

23  witness; and

24         b.  Impair the ability of a state attorney to locate or

25  prosecute a codefendant.

26         6.  Informations and indictments except as provided in

27  s. 905.26.

28         (d)  The word "active" shall have the following

29  meaning:

30         1.  Criminal intelligence information shall be

31  considered "active" as long as it is related to intelligence

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 1  gathering conducted with a reasonable, good faith belief that

 2  it will lead to detection of ongoing or reasonably anticipated

 3  criminal activities.

 4         2.  Criminal investigative information shall be

 5  considered "active" as long as it is related to an ongoing

 6  investigation which is continuing with a reasonable, good

 7  faith anticipation of securing an arrest or prosecution in the

 8  foreseeable future.

 9  

10  In addition, criminal intelligence and criminal investigative

11  information shall be considered "active" while such

12  information is directly related to pending prosecutions or

13  appeals.  The word "active" shall not apply to information in

14  cases which are barred from prosecution under the provisions

15  of s. 775.15 or other statute of limitation.

16         (4)  "Criminal justice agency" means:

17         (a)  Any law enforcement agency, court, or prosecutor;.

18  The term also includes

19         (b)  Any other agency charged by law with criminal law

20  enforcement duties;, or

21         (c)  Any agency having custody of criminal intelligence

22  information or criminal investigative information for the

23  purpose of assisting such law enforcement agencies in the

24  conduct of active criminal investigation or prosecution or for

25  the purpose of litigating civil actions under the Racketeer

26  Influenced and Corrupt Organization Act, during the time that

27  such agencies are in possession of criminal intelligence

28  information or criminal investigative information pursuant to

29  their criminal law enforcement duties; or.  The term also

30  includes

31         (d)  The Department of Corrections.

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 1         (5)  "Custodian of public records" means the elected or

 2  appointed state, county, or municipal officer charged with the

 3  responsibility of maintaining the office having public

 4  records, or his or her designee.

 5         (6)  "Data processing software" means the programs and

 6  routines used to employ and control the capabilities of data

 7  processing hardware, including, but not limited to, operating

 8  systems, compilers, assemblers, utilities, library routines,

 9  maintenance routines, applications, and computer networking

10  programs.

11         (7)  "Duplicated copies" means new copies produced by

12  duplicating, as defined in s. 283.30.

13         (8)  "Exemption" means a provision of general law which

14  provides that a specified record or meeting, or portion

15  thereof, is not subject to the access requirements of s.

16  119.07(1), s. 286.011, or s. 24, Art. I of the State

17  Constitution.

18         (9)  "Information technology resources" means data

19  processing hardware and software and services, communications,

20  supplies, personnel, facility resources, maintenance, and

21  training.

22         (10)  "Proprietary software" means data processing

23  software that is protected by copyright or trade secret laws.

24         (11)  "Public records" means all documents, papers,

25  letters, maps, books, tapes, photographs, films, sound

26  recordings, data processing software, or other material,

27  regardless of the physical form, characteristics, or means of

28  transmission, made or received pursuant to law or ordinance or

29  in connection with the transaction of official business by any

30  agency.

31  

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 1         (12)  "Redact" means to conceal from a copy of an

 2  original public record, or to conceal from an electronic image

 3  that is available for public viewing, that portion of the

 4  record containing exempt or confidential information.

 5         (13)  "Sensitive," for purposes of defining

 6  agency-produced software that is sensitive, means only those

 7  portions of data processing software, including the

 8  specifications and documentation, which are used to:

 9         (a)  Collect, process, store, and retrieve information

10  that is exempt from s. 119.07(1);

11         (b)  Collect, process, store, and retrieve financial

12  management information of the agency, such as payroll and

13  accounting records; or

14         (c)  Control and direct access authorizations and

15  security measures for automated systems.

16         Section 4.  Sections 119.0115, 119.012, and 119.02,

17  Florida Statutes, are repealed.

18         Section 5.  Section 119.021, Florida Statutes, is

19  amended to read:

20         (Substantial rewording of section. See

21         s. 119.021, F.S., for present text.)

22         119.021  Custodial requirements; maintenance,

23  preservation, and retention of public records.--

24         (1)  Public records shall be maintained and preserved

25  as follows:

26         (a)  All public records should be kept in the buildings

27  in which they are ordinarily used.

28         (b)  Insofar as practicable, a custodian of public

29  records of vital, permanent, or archival records shall keep

30  them in fireproof and waterproof safes, vaults, or rooms

31  

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 1  fitted with noncombustible materials and in such arrangement

 2  as to be easily accessible for convenient use.

 3         (c)1.  Record books should be copied or repaired,

 4  renovated, or rebound if worn, mutilated, damaged, or

 5  difficult to read.

 6         2.  Whenever any state, county, or municipal records

 7  are in need of repair, restoration, or rebinding, the head of

 8  the concerned state agency, department, board, or commission;

 9  the board of county commissioners of such county; or the

10  governing body of such municipality may authorize that such

11  records be removed from the building or office in which such

12  records are ordinarily kept for the length of time required to

13  repair, restore, or rebind them.

14         3.  Any public official who causes a record book to be

15  copied shall attest and certify under oath that the copy is an

16  accurate copy of the original book. The copy shall then have

17  the force and effect of the original.

18         (2)(a)  The Division of Library and Information

19  Services of the Department of State shall adopt rules to

20  establish retention schedules and a disposal process for

21  public records.

22         (b)  Each agency shall comply with the rules

23  establishing retention schedules and disposal processes for

24  public records which are adopted by the records and

25  information management program of the division.

26         (c)  Each public official shall systematically dispose

27  of records no longer needed, subject to the consent of the

28  records and information management program of the division in

29  accordance with s. 257.36.

30         (d)  The division may ascertain the condition of public

31  records and shall give advice and assistance to public

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 1  officials to solve problems related to the preservation,

 2  creation, filing, and public accessibility of public records

 3  in their custody. Public officials shall assist the division

 4  by preparing an inclusive inventory of categories of public

 5  records in their custody. The division shall establish a time

 6  period for the retention or disposal of each series of

 7  records. Upon the completion of the inventory and schedule,

 8  the division shall, subject to the availability of necessary

 9  space, staff, and other facilities for such purposes, make

10  space available in its records center for the filing of

11  semicurrent records so scheduled and in its archives for

12  noncurrent records of permanent value, and shall render such

13  other assistance as needed, including the microfilming of

14  records so scheduled.

15         (3)  Agency orders that comprise final agency action

16  and that must be indexed or listed pursuant to s. 120.53 have

17  continuing legal significance; therefore, notwithstanding any

18  other provision of this chapter or any provision of chapter

19  257, each agency shall permanently maintain records of such

20  orders pursuant to the applicable rules of the Department of

21  State.

22         (4)(a)  Whoever has custody of any public records shall

23  deliver, at the expiration of his or her term of office, to

24  his or her successor or, if there be none, to the records and

25  information management program of the Division of Library and

26  Information Services of the Department of State, all public

27  records kept or received by him or her in the transaction of

28  official business.

29         (b)  Whoever is entitled to custody of public records

30  shall demand them from any person having illegal possession of

31  them, who must forthwith deliver the same to him or her. Any

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 1  person unlawfully possessing public records must within 10

 2  days deliver such records to the lawful custodian of public

 3  records unless just cause exists for failing to deliver such

 4  records.

 5         Section 6.  Sections 119.031, 119.041, 119.05, and

 6  119.06, Florida Statutes, are repealed.

 7         Section 7.  Section 119.07, Florida Statutes, is

 8  amended to read:

 9         119.07  Inspection, examination, and copying

10  duplication of records; photographing public records; fees;

11  exemptions.--

12         (1)(a)  Every person who has custody of a public record

13  shall permit the record to be inspected and copied examined by

14  any person desiring to do so, at any reasonable time, under

15  reasonable conditions, and under supervision by the custodian

16  of the public records record or the custodian's designee.

17         (b)  A person who has custody of a public record who

18  asserts that an exemption applies to a part of such record

19  shall redact that portion of the record to which an exemption

20  has been asserted and validly applies, and such person shall

21  produce the remainder of such record for inspection and

22  copying.

23         (c)  If the person who has custody of a public record

24  contends that the record or part of it is exempt from

25  inspection and copying, he or she shall state the basis of the

26  exemption that he or she contends is applicable to the record,

27  including the statutory citation to an exemption created or

28  afforded by statute.

29         (d)  If requested by the person seeking to inspect or

30  copy the record, the custodian of public records shall state

31  

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 1  in writing and with particularity the reasons for the

 2  conclusion that the record is exempt or confidential.

 3         (e)  In any civil action in which an exemption to this

 4  section is asserted, if the exemption is alleged to exist

 5  under or by virtue of paragraph (6)(c), paragraph (6)(d),

 6  paragraph (6)(e), paragraph (6)(k), paragraph (6)(l), or

 7  paragraph (6)(o), the public record or part thereof in

 8  question shall be submitted to the court for an inspection in

 9  camera. If an exemption is alleged to exist under or by virtue

10  of paragraph (6)(b), an inspection in camera is discretionary

11  with the court. If the court finds that the asserted exemption

12  is not applicable, it shall order the public record or part

13  thereof in question to be immediately produced for inspection

14  or copying as requested by the person seeking such access.

15         (f)  Even if an assertion is made by the custodian of

16  public records that a requested record is not a public record

17  subject to public inspection or copying under this subsection,

18  the requested record shall, nevertheless, not be disposed of

19  for a period of 30 days after the date on which a written

20  request to inspect or copy the record was served on or

21  otherwise made to the custodian of public records by the

22  person seeking access to the record. If a civil action is

23  instituted within the 30-day period to enforce the provisions

24  of this section with respect to the requested record, the

25  custodian of public records may not dispose of the record

26  except by order of a court of competent jurisdiction after

27  notice to all affected parties.

28         (g)  The absence of a civil action instituted for the

29  purpose stated in paragraph (e) does not relieve the custodian

30  of public records of the duty to maintain the record as a

31  public record if the record is in fact a public record subject

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 1  to public inspection and copying under this subsection and

 2  does not otherwise excuse or exonerate the custodian of public

 3  records from any unauthorized or unlawful disposition of such

 4  record.

 5         (2)(a)  As an additional means of inspecting or copying

 6  public records, a custodian of public records may provide

 7  access to public records by remote electronic means, provided

 8  exempt or confidential information is not disclosed.

 9         (b)  The custodian of public records shall provide

10  safeguards to protect the contents of public records from

11  unauthorized remote electronic access or alteration and to

12  prevent the disclosure or modification of those portions of

13  public records which are exempt or confidential from

14  subsection (1) or s. 24, Art. I of the State Constitution.

15         (c)  Unless otherwise required by law, the custodian of

16  public records may charge a fee for remote electronic access,

17  granted under a contractual arrangement with a user, which fee

18  may include the direct and indirect costs of providing such

19  access. Fees for remote electronic access provided to the

20  general public shall be in accordance with the provisions of

21  this section.

22         (3)(a)  Any person shall have the right of access to

23  public records for the purpose of making photographs of the

24  record while in the possession, custody, and control of the

25  custodian of public records.

26         (b)  This subsection applies to the making of

27  photographs in the conventional sense by use of a camera

28  device to capture images of public records but excludes the

29  duplication of microfilm in the possession of the clerk of the

30  circuit court where a copy of the microfilm may be made

31  available by the clerk.

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 1         (c)  Photographing public records shall be done under

 2  the supervision of the custodian of public records, who may

 3  adopt and enforce reasonable rules governing the photographing

 4  of such records.

 5         (d)  Photographing of public records shall be done in

 6  the room where the public records are kept. If, in the

 7  judgment of the custodian of public records, this is

 8  impossible or impracticable, the work shall be done in another

 9  room or place, as nearly adjacent as possible to the room

10  where the public records are kept, to be determined by the

11  custodian of public records. Where provision of another room

12  or place for photographing is required, the expense of

13  providing the same shall be paid by the person desiring to

14  photograph the public record pursuant to paragraph (4)(e).

15         (4)  The custodian of public records shall furnish a

16  copy or a certified copy of the record upon payment of the fee

17  prescribed by law. or, If a fee is not prescribed by law, the

18  following fees are authorized:

19         (a)1.  Up to 15 cents per one-sided copy for duplicated

20  copies of not more than 14 inches by 8 1/2  inches;,

21         2.  No more than an additional 5 cents for each

22  two-sided copy; upon payment of not more than 15 cents per

23  one-sided copy, and

24         3.  For all other copies, upon payment of the actual

25  cost of duplication of the public record.  An agency may

26  charge no more than an additional 5 cents for each two-sided

27  duplicated copy.  For purposes of this section, duplicated

28  copies shall mean new copies produced by duplicating, as

29  defined in s. 283.30.  The phrase "actual cost of duplication"

30  means the cost of the material and supplies used to duplicate

31  

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 1  the record, but it does not include the labor cost or overhead

 2  cost associated with such duplication.  However,

 3         (b)  The charge for copies of county maps or aerial

 4  photographs supplied by county constitutional officers may

 5  also include a reasonable charge for the labor and overhead

 6  associated with their duplication.  Unless otherwise provided

 7  by law, the fees to be charged for duplication of public

 8  records shall be collected, deposited, and accounted for in

 9  the manner prescribed for other operating funds of the agency.

10         (c)  An agency may charge up to $1 per copy for a

11  certified copy of a public record.

12         (d)(b)  If the nature or volume of public records

13  requested to be inspected, examined, or copied pursuant to

14  this subsection is such as to require extensive use of

15  information technology resources or extensive clerical or

16  supervisory assistance by personnel of the agency involved, or

17  both, the agency may charge, in addition to the actual cost of

18  duplication, a special service charge, which shall be

19  reasonable and shall be based on the cost incurred for such

20  extensive use of information technology resources or the labor

21  cost of the personnel providing the service that is actually

22  incurred by the agency or attributable to the agency for the

23  clerical and supervisory assistance required, or both.

24         (e)1.  Where provision of another room or place is

25  necessary to photograph public records, the expense of

26  providing the same shall be paid by the person desiring to

27  photograph the public records.

28         2.  The custodian of public records may charge the

29  person making the photographs for supervision services at a

30  rate of compensation to be agreed upon by the person desiring

31  to make the photographs and the custodian of public records.

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 1  If they fail to agree as to the appropriate charge, the charge

 2  shall be determined by the custodian of public records.

 3  "Information technology resources" means data processing

 4  hardware and software and services, communications, supplies,

 5  personnel, facility resources, maintenance, and training.

 6         (5)(c)  When ballots are produced under this section

 7  for inspection or examination, no persons other than the

 8  supervisor of elections or the supervisor's employees shall

 9  touch the ballots.  The supervisor of elections shall make a

10  reasonable effort to notify all candidates by telephone or

11  otherwise of the time and place of the inspection or

12  examination. All such candidates, or their representatives,

13  shall be allowed to be present during the inspection or

14  examination.

15         (2)(a)  A person who has custody of a public record and

16  who asserts that an exemption provided in subsection (3) or in

17  a general or special law applies to a particular public record

18  or part of such record shall delete or excise from the record

19  only that portion of the record with respect to which an

20  exemption has been asserted and validly applies, and such

21  person shall produce the remainder of such record for

22  inspection and examination.  If the person who has custody of

23  a public record contends that the record or part of it is

24  exempt from inspection and examination, he or she shall state

25  the basis of the exemption which he or she contends is

26  applicable to the record, including the statutory citation to

27  an exemption created or afforded by statute, and, if requested

28  by the person seeking the right under this subsection to

29  inspect, examine, or copy the record, he or she shall state in

30  writing and with particularity the reasons for the conclusion

31  that the record is exempt.

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 1         (b)  In any civil action in which an exemption to

 2  subsection (1) is asserted, if the exemption is alleged to

 3  exist under or by virtue of paragraph (c), paragraph (d),

 4  paragraph (e), paragraph (k), paragraph (l), or paragraph (o)

 5  of subsection (3), the public record or part thereof in

 6  question shall be submitted to the court for an inspection in

 7  camera.  If an exemption is alleged to exist under or by

 8  virtue of paragraph (b) of subsection (3), an inspection in

 9  camera will be discretionary with the court.  If the court

10  finds that the asserted exemption is not applicable, it shall

11  order the public record or part thereof in question to be

12  immediately produced for inspection, examination, or copying

13  as requested by the person seeking such access.

14         (c)  Even if an assertion is made by the custodian of a

15  public record that a requested record is not a public record

16  subject to public inspection and examination under subsection

17  (1), the requested record shall, nevertheless, not be disposed

18  of for a period of 30 days after the date on which a written

19  request requesting the right to inspect, examine, or copy the

20  record was served on or otherwise made to the custodian of the

21  record by the person seeking access to the record.  If a civil

22  action is instituted within the 30-day period to enforce the

23  provisions of this section with respect to the requested

24  record, the custodian shall not dispose of the record except

25  by order of a court of competent jurisdiction after notice to

26  all affected parties.

27         (d)  The absence of a civil action instituted for the

28  purpose stated in paragraph (c) will not relieve the custodian

29  of the duty to maintain the record as a public record if the

30  record is in fact a public record subject to public inspection

31  and examination under subsection (1) and will not otherwise

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 1  excuse or exonerate the custodian from any unauthorized or

 2  unlawful disposition of such record.

 3         (6)(3)(a)  Examination questions and answer sheets of

 4  examinations administered by a governmental agency for the

 5  purpose of licensure, certification, or employment are exempt

 6  from the provisions of subsection (1) and s. 24(a), Art. I of

 7  the State Constitution.  A person who has taken such an

 8  examination shall have the right to review his or her own

 9  completed examination.

10         (b)1.  Active criminal intelligence information and

11  active criminal investigative information are exempt from the

12  provisions of subsection (1) and s. 24(a), Art. I of the State

13  Constitution.

14         2.  A request of a law enforcement agency to inspect or

15  copy a public record that is in the custody of another agency,

16  the custodian's response to the request, and any information

17  that would identify the public record that was requested by

18  the law enforcement agency or provided by the custodian are

19  exempt from the requirements of subsection (1) and s. 24(a),

20  Art. I of the State Constitution, during the period in which

21  the information constitutes criminal intelligence information

22  or criminal investigative information that is active. This

23  exemption is remedial in nature, and it is the intent of the

24  Legislature that the exemption be applied to requests for

25  information received before, on, or after the effective date

26  of this subparagraph. The law enforcement agency shall give

27  notice to the custodial agency when the criminal intelligence

28  information or criminal investigative information is no longer

29  active, so that the custodian's response to the request and

30  information that would identify the public record requested

31  are available to the public. This subparagraph is subject to

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 1  the Open Government Sunset Review Act of 1995 in accordance

 2  with s. 119.15 and shall stand repealed October 2, 2007,

 3  unless reviewed and saved from repeal through reenactment by

 4  the Legislature.

 5         (c)  Any information revealing the identity of a

 6  confidential informant or a confidential source is exempt from

 7  the provisions of subsection (1) and s. 24(a), Art. I of the

 8  State Constitution.

 9         (d)  Any information revealing surveillance techniques

10  or procedures or personnel is exempt from the provisions of

11  subsection (1) and s. 24(a), Art. I of the State Constitution.

12  Any comprehensive inventory of state and local law enforcement

13  resources compiled pursuant to part I, chapter 23, and any

14  comprehensive policies or plans compiled by a criminal justice

15  agency pertaining to the mobilization, deployment, or tactical

16  operations involved in responding to emergencies, as defined

17  in s. 252.34(3), are exempt from the provisions of subsection

18  (1) and s. 24(a), Art. I of the State Constitution and

19  unavailable for inspection, except by personnel authorized by

20  a state or local law enforcement agency, the office of the

21  Governor, the Department of Legal Affairs, the Department of

22  Law Enforcement, or the Department of Community Affairs as

23  having an official need for access to the inventory or

24  comprehensive policies or plans.

25         (e)  Any information revealing undercover personnel of

26  any criminal justice agency is exempt from the provisions of

27  subsection (1) and s. 24(a), Art. I of the State Constitution.

28         (f)1.  Any criminal intelligence information or

29  criminal investigative information including the photograph,

30  name, address, or other fact or information which reveals the

31  identity of the victim of the crime of sexual battery as

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 1  defined in chapter 794; the identity of the victim of a lewd

 2  or lascivious offense committed upon or in the presence of a

 3  person less than 16 years of age, as defined in chapter 800;

 4  or the identity of the victim of the crime of child abuse as

 5  defined by chapter 827 and any criminal intelligence

 6  information or criminal investigative information or other

 7  criminal record, including those portions of court records and

 8  court proceedings, which may reveal the identity of a person

 9  who is a victim of any sexual offense, including a sexual

10  offense proscribed in chapter 794, chapter 800, or chapter

11  827, is exempt from the provisions of subsection (1) and s.

12  24(a), Art. I of the State Constitution.

13         2.  In addition to subparagraph 1., any criminal

14  intelligence information or criminal investigative information

15  which is a photograph, videotape, or image of any part of the

16  body of the victim of a sexual offense prohibited under

17  chapter 794, chapter 800, or chapter 827, regardless of

18  whether the photograph, videotape, or image identifies the

19  victim, is confidential and exempt from subsection (1) and s.

20  24(a), Art. I of the State Constitution. This exemption

21  applies to photographs, videotapes, or images held as criminal

22  intelligence information or criminal investigative information

23  before, on, or after the effective date of the exemption.

24         (g)  Any criminal intelligence information or criminal

25  investigative information which reveals the personal assets of

26  the victim of a crime, other than property stolen or destroyed

27  during the commission of the crime, is exempt from the

28  provisions of subsection (1) and s. 24(a), Art. I of the State

29  Constitution.

30         (h)  All criminal intelligence and criminal

31  investigative information received by a criminal justice

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 1  agency prior to January 25, 1979, is exempt from the

 2  provisions of subsection (1) and s. 24(a), Art. I of the State

 3  Constitution.

 4         (i)1.  The home addresses, telephone numbers, social

 5  security numbers, and photographs of active or former law

 6  enforcement personnel, including correctional and correctional

 7  probation officers, personnel of the Department of Children

 8  and Family Services whose duties include the investigation of

 9  abuse, neglect, exploitation, fraud, theft, or other criminal

10  activities, personnel of the Department of Health whose duties

11  are to support the investigation of child abuse or neglect,

12  and personnel of the Department of Revenue or local

13  governments whose responsibilities include revenue collection

14  and enforcement or child support enforcement; the home

15  addresses, telephone numbers, social security numbers,

16  photographs, and places of employment of the spouses and

17  children of such personnel; and the names and locations of

18  schools and day care facilities attended by the children of

19  such personnel are exempt from the provisions of subsection

20  (1). The home addresses, telephone numbers, and photographs of

21  firefighters certified in compliance with s. 633.35; the home

22  addresses, telephone numbers, photographs, and places of

23  employment of the spouses and children of such firefighters;

24  and the names and locations of schools and day care facilities

25  attended by the children of such firefighters are exempt from

26  subsection (1). The home addresses and telephone numbers of

27  justices of the Supreme Court, district court of appeal

28  judges, circuit court judges, and county court judges; the

29  home addresses, telephone numbers, and places of employment of

30  the spouses and children of justices and judges; and the names

31  and locations of schools and day care facilities attended by

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 1  the children of justices and judges are exempt from the

 2  provisions of subsection (1). The home addresses, telephone

 3  numbers, social security numbers, and photographs of current

 4  or former state attorneys, assistant state attorneys,

 5  statewide prosecutors, or assistant statewide prosecutors; the

 6  home addresses, telephone numbers, social security numbers,

 7  photographs, and places of employment of the spouses and

 8  children of current or former state attorneys, assistant state

 9  attorneys, statewide prosecutors, or assistant statewide

10  prosecutors; and the names and locations of schools and day

11  care facilities attended by the children of current or former

12  state attorneys, assistant state attorneys, statewide

13  prosecutors, or assistant statewide prosecutors are exempt

14  from subsection (1) and s. 24(a), Art. I of the State

15  Constitution.

16         2.  The home addresses, telephone numbers, social

17  security numbers, and photographs of current or former human

18  resource, labor relations, or employee relations directors,

19  assistant directors, managers, or assistant managers of any

20  local government agency or water management district whose

21  duties include hiring and firing employees, labor contract

22  negotiation, administration, or other personnel-related

23  duties; the names, home addresses, telephone numbers, social

24  security numbers, photographs, and places of employment of the

25  spouses and children of such personnel; and the names and

26  locations of schools and day care facilities attended by the

27  children of such personnel are exempt from subsection (1) and

28  s. 24(a), Art. I of the State Constitution. This subparagraph

29  is subject to the Open Government Sunset Review Act of 1995 in

30  accordance with s. 119.15, and shall stand repealed on October

31  

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 1  2, 2006, unless reviewed and saved from repeal through

 2  reenactment by the Legislature.

 3         3.  The home addresses, telephone numbers, social

 4  security numbers, and photographs of current or former code

 5  enforcement officers; the names, home addresses, telephone

 6  numbers, social security numbers, photographs, and places of

 7  employment of the spouses and children of such persons; and

 8  the names and locations of schools and day care facilities

 9  attended by the children of such persons are exempt from

10  subsection (1) and s. 24(a), Art. I of the State Constitution.

11  This subparagraph is subject to the Open Government Sunset

12  Review Act of 1995 in accordance with s. 119.15, and shall

13  stand repealed on October 2, 2006, unless reviewed and saved

14  from repeal through reenactment by the Legislature.

15         4.  An agency that is the custodian of the personal

16  information specified in subparagraph 1., subparagraph 2., or

17  subparagraph 3. and that is not the employer of the officer,

18  employee, justice, judge, or other person specified in

19  subparagraph 1., subparagraph 2., or subparagraph 3. shall

20  maintain the exempt status confidentiality of the personal

21  information only if the officer, employee, justice, judge,

22  other person, or employing agency of the designated employee

23  submits a written request for maintenance of the exemption

24  confidentiality to the custodial agency.

25         (j)  Any information provided to an agency of state

26  government or to an agency of a political subdivision of the

27  state for the purpose of forming ridesharing arrangements,

28  which information reveals the identity of an individual who

29  has provided his or her name for ridesharing, as defined in s.

30  341.031, is exempt from the provisions of subsection (1) and

31  s. 24(a), Art. I of the State Constitution.

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 1         (k)  Any information revealing the substance of a

 2  confession of a person arrested is exempt from the provisions

 3  of subsection (1) and s. 24(a), Art. I of the State

 4  Constitution, until such time as the criminal case is finally

 5  determined by adjudication, dismissal, or other final

 6  disposition.

 7         (l)1.  A public record which was prepared by an agency

 8  attorney (including an attorney employed or retained by the

 9  agency or employed or retained by another public officer or

10  agency to protect or represent the interests of the agency

11  having custody of the record) or prepared at the attorney's

12  express direction, which reflects a mental impression,

13  conclusion, litigation strategy, or legal theory of the

14  attorney or the agency, and which was prepared exclusively for

15  civil or criminal litigation or for adversarial administrative

16  proceedings, or which was prepared in anticipation of imminent

17  civil or criminal litigation or imminent adversarial

18  administrative proceedings, is exempt from the provisions of

19  subsection (1) and s. 24(a), Art. I of the State Constitution

20  until the conclusion of the litigation or adversarial

21  administrative proceedings. For purposes of capital collateral

22  litigation as set forth in s. 27.7001, the Attorney General's

23  office is entitled to claim this exemption for those public

24  records prepared for direct appeal as well as for all capital

25  collateral litigation after direct appeal until execution of

26  sentence or imposition of a life sentence.

27         2.  This exemption is not waived by the release of such

28  public record to another public employee or officer of the

29  same agency or any person consulted by the agency attorney.

30  When asserting the right to withhold a public record pursuant

31  to this paragraph, the agency shall identify the potential

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 1  parties to any such criminal or civil litigation or

 2  adversarial administrative proceedings.  If a court finds that

 3  the document or other record has been improperly withheld

 4  under this paragraph, the party seeking access to such

 5  document or record shall be awarded reasonable attorney's fees

 6  and costs in addition to any other remedy ordered by the

 7  court.

 8         (m)  Sealed bids or proposals received by an agency

 9  pursuant to invitations to bid or requests for proposals are

10  exempt from the provisions of subsection (1) and s. 24(a),

11  Art. I of the State Constitution until such time as the agency

12  provides notice of a decision or intended decision pursuant to

13  s. 120.57(3)(a) or within 10 days after bid or proposal

14  opening, whichever is earlier.

15         (n)  When an agency of the executive branch of state

16  government seeks to acquire real property by purchase or

17  through the exercise of the power of eminent domain all

18  appraisals, other reports relating to value, offers, and

19  counteroffers must be in writing and are exempt from the

20  provisions of subsection (1) and s. 24(a), Art. I of the State

21  Constitution until execution of a valid option contract or a

22  written offer to sell that has been conditionally accepted by

23  the agency, at which time the exemption shall expire.  The

24  agency shall not finally accept the offer for a period of 30

25  days in order to allow public review of the transaction.  The

26  agency may give conditional acceptance to any option or offer

27  subject only to final acceptance by the agency after the

28  30-day review period.  If a valid option contract is not

29  executed, or if a written offer to sell is not conditionally

30  accepted by the agency, then the exemption from the provisions

31  of this chapter shall expire at the conclusion of the

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 1  condemnation litigation of the subject property. An agency of

 2  the executive branch may exempt title information, including

 3  names and addresses of property owners whose property is

 4  subject to acquisition by purchase or through the exercise of

 5  the power of eminent domain, from the provisions of subsection

 6  (1) and s. 24(a), Art. I of the State Constitution to the same

 7  extent as appraisals, other reports relating to value, offers,

 8  and counteroffers.  For the purpose of this paragraph, "option

 9  contract" means an agreement of an agency of the executive

10  branch of state government to purchase real property subject

11  to final agency approval.  This paragraph shall have no

12  application to other exemptions from the provisions of

13  subsection (1) which are contained in other provisions of law

14  and shall not be construed to be an express or implied repeal

15  thereof.

16         (o)  Data processing software obtained by an agency

17  under a licensing agreement which prohibits its disclosure and

18  which software is a trade secret, as defined in s. 812.081,

19  and agency-produced data processing software which is

20  sensitive are exempt from the provisions of subsection (1) and

21  s. 24(a), Art. I of the State Constitution.  The designation

22  of agency-produced software as sensitive shall not prohibit an

23  agency head from sharing or exchanging such software with

24  another public agency. As used in this paragraph:

25         1.  "Data processing software" means the programs and

26  routines used to employ and control the capabilities of data

27  processing hardware, including, but not limited to, operating

28  systems, compilers, assemblers, utilities, library routines,

29  maintenance routines, applications, and computer networking

30  programs.

31  

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 1         2.  "Sensitive" means only those portions of data

 2  processing software, including the specifications and

 3  documentation, used to:

 4         a.  Collect, process, store, and retrieve information

 5  which is exempt from the provisions of subsection (1);

 6         b.  Collect, process, store, and retrieve financial

 7  management information of the agency, such as payroll and

 8  accounting records; or

 9         c.  Control and direct access authorizations and

10  security measures for automated systems.

11         (p)  All complaints and other records in the custody of

12  any unit of local government which relate to a complaint of

13  discrimination relating to race, color, religion, sex,

14  national origin, age, handicap, marital status, sale or rental

15  of housing, the provision of brokerage services, or the

16  financing of housing are exempt from the provisions of

17  subsection (1) and s. 24(a), Art. I of the State Constitution

18  until a finding is made relating to probable cause, the

19  investigation of the complaint becomes inactive, or the

20  complaint or other record is made part of the official record

21  of any hearing or court proceeding.  This provision shall not

22  affect any function or activity of the Florida Commission on

23  Human Relations.  Any state or federal agency which is

24  authorized to have access to such complaints or records by any

25  provision of law shall be granted such access in the

26  furtherance of such agency's statutory duties, notwithstanding

27  the provisions of this section. This paragraph shall not be

28  construed to modify or repeal any special or local act.

29         (q)  All complaints and other records in the custody of

30  any agency in the executive branch of state government which

31  relate to a complaint of discrimination relating to race,

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 1  color, religion, sex, national origin, age, handicap, or

 2  marital status in connection with hiring practices, position

 3  classifications, salary, benefits, discipline, discharge,

 4  employee performance, evaluation, or other related activities

 5  are exempt from the provisions of subsection (1) and s. 24(a),

 6  Art. I of the State Constitution until a finding is made

 7  relating to probable cause, the investigation of the complaint

 8  becomes inactive, or the complaint or other record is made

 9  part of the official record of any hearing or court

10  proceeding.  This provision shall not affect any function or

11  activity of the Florida Commission on Human Relations.  Any

12  state or federal agency which is authorized to have access to

13  such complaints or records by any provision of law shall be

14  granted such access in the furtherance of such agency's

15  statutory duties, notwithstanding the provisions of this

16  section.

17         (r)  All records supplied by a telecommunications

18  company, as defined by s. 364.02, to a state or local

19  governmental agency which contain the name, address, and

20  telephone number of subscribers are confidential and exempt

21  from the provisions of subsection (1) and s. 24(a), Art. I of

22  the State Constitution.

23         (s)1.  Any document that reveals the identity, home or

24  employment telephone number, home or employment address, or

25  personal assets of the victim of a crime and identifies that

26  person as the victim of a crime, which document is received by

27  any agency that regularly receives information from or

28  concerning the victims of crime, is exempt from the provisions

29  of subsection (1) and s. 24(a), Art. I of the State

30  Constitution. Any information not otherwise held confidential

31  or exempt from the provisions of subsection (1) which reveals

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 1  the home or employment telephone number, home or employment

 2  address, or personal assets of a person who has been the

 3  victim of sexual battery, aggravated child abuse, aggravated

 4  stalking, harassment, aggravated battery, or domestic violence

 5  is exempt from the provisions of subsection (1) and s. 24(a),

 6  Art. I of the State Constitution, upon written request by the

 7  victim, which must include official verification that an

 8  applicable crime has occurred. Such information shall cease to

 9  be exempt 5 years after the receipt of the written request.

10  Any state or federal agency that is authorized to have access

11  to such documents by any provision of law shall be granted

12  such access in the furtherance of such agency's statutory

13  duties, notwithstanding the provisions of this section.

14         2.a.  Any information in a videotaped statement of a

15  minor who is alleged to be or who is a victim of sexual

16  battery, lewd acts, or other sexual misconduct proscribed in

17  chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s.

18  847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which

19  reveals that minor's identity, including, but not limited to,

20  the minor's face; the minor's home, school, church, or

21  employment telephone number; the minor's home, school, church,

22  or employment address; the name of the minor's school, church,

23  or place of employment; or the personal assets of the minor;

24  and which identifies that minor as the victim of a crime

25  described in this subparagraph, held by a law enforcement

26  agency, is confidential and exempt from subsection (1) and s.

27  24(a), Art. I of the State Constitution. Any governmental

28  agency that is authorized to have access to such statements by

29  any provision of law shall be granted such access in the

30  furtherance of the agency's statutory duties, notwithstanding

31  the provisions of this section.

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 1         b.  A public employee or officer who has access to a

 2  videotaped statement of a minor who is alleged to be or who is

 3  a victim of sexual battery, lewd acts, or other sexual

 4  misconduct proscribed in chapter 800 or in s. 794.011, s.

 5  827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or

 6  s. 847.0145, may not willfully and knowingly disclose

 7  videotaped information that reveals the minor's identity to a

 8  person who is not assisting in the investigation or

 9  prosecution of the alleged offense or to any person other than

10  the defendant, the defendant's attorney, or a person specified

11  in an order entered by the court having jurisdiction of the

12  alleged offense. A person who violates this provision commits

13  a misdemeanor of the first degree, punishable as provided in

14  s. 775.082 or s. 775.083.

15         (t)  Any financial statement which an agency requires a

16  prospective bidder to submit in order to prequalify for

17  bidding or for responding to a proposal for a road or any

18  other public works project is exempt from the provisions of

19  subsection (1) and s. 24(a), Art. I of the State Constitution.

20         (u)  Where the alleged victim chooses not to file a

21  complaint and requests that records of the complaint remain

22  confidential, all records relating to an allegation of

23  employment discrimination are confidential and exempt from the

24  provisions of subsection (1) and s. 24(a), Art. I of the State

25  Constitution.

26         (v)  Medical information pertaining to a prospective,

27  current, or former officer or employee of an agency which, if

28  disclosed, would identify that officer or employee is exempt

29  from the provisions of subsection (1) and s. 24(a), Art. I of

30  the State Constitution. However, such information may be

31  disclosed if the person to whom the information pertains or

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 1  the person's legal representative provides written permission

 2  or pursuant to court order.

 3         (w)1.  If certified pursuant to subparagraph 2., an

 4  investigatory record of the Chief Inspector General within the

 5  Executive Office of the Governor or of the employee designated

 6  by an agency head as the agency inspector general under s.

 7  112.3189 is exempt from the provisions of subsection (1) and

 8  s. 24(a), Art. I of the State Constitution until the

 9  registration ceases to be active, or a report detailing the

10  investigation is provided to the Governor or the agency head,

11  or 60 days from the inception of the investigation for which

12  the record was made or received, whichever first occurs.

13  Investigatory records are those records which are related to

14  the investigation of an alleged, specific act or omission or

15  other wrongdoing, with respect to an identifiable person or

16  group of persons, based on information compiled by the Chief

17  Inspector General or by an agency inspector general, as named

18  under the provisions of s. 112.3189, in the course of an

19  investigation.  An investigation is active if it is continuing

20  with a reasonable, good faith anticipation of resolution and

21  with reasonable dispatch.

22         2.  The Governor, in the case of the Chief Inspector

23  General, or agency head, in the case of an employee designated

24  as the agency inspector general under s. 112.3189, may certify

25  such investigatory records require an exemption to protect the

26  integrity of the investigation or avoid unwarranted damage to

27  an individual's good name or reputation.  The certification

28  shall specify the nature and purpose of the investigation and

29  shall be kept with the exempt records and made public when the

30  records are made public.

31  

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 1         3.  The provisions of this paragraph do not apply to

 2  whistle-blower investigations conducted pursuant to the

 3  provisions of ss. 112.3187, 112.3188, 112.3189, and 112.31895.

 4         (x)  The social security numbers of all current and

 5  former agency employees which numbers are contained in agency

 6  employment records are exempt from subsection (1) and exempt

 7  from s. 24(a), Art. I of the State Constitution.  As used in

 8  this paragraph, the term "agency" means an agency as defined

 9  in s. 119.011.

10         (y)  The audit report of an internal auditor prepared

11  for or on behalf of a unit of local government becomes a

12  public record when the audit becomes final.  As used in this

13  paragraph, "unit of local government" means a county,

14  municipality, special district, local agency, authority,

15  consolidated city-county government, or any other local

16  governmental body or public body corporate or politic

17  authorized or created by general or special law.  An audit

18  becomes final when the audit report is presented to the unit

19  of local government.  Audit workpapers and notes related to

20  such audit report are confidential and exempt from the

21  provisions of subsection (1) and s. 24(a), Art. I of the State

22  Constitution until the audit is completed and the audit report

23  becomes final.

24         (z)  Any data, record, or document used directly or

25  solely by a municipally owned utility to prepare and submit a

26  bid relative to the sale, distribution, or use of any service,

27  commodity, or tangible personal property to any customer or

28  prospective customer shall be exempt from the provisions of

29  subsection (1) and s. 24(a), Art. I of the State Constitution.

30  This exemption commences when a municipal utility identifies

31  in writing a specific bid to which it intends to respond. This

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 1  exemption no longer applies when the contract for sale,

 2  distribution, or use of the service, commodity, or tangible

 3  personal property is executed, a decision is made not to

 4  execute such contract, or the project is no longer under

 5  active consideration. The exemption in this paragraph includes

 6  the bid documents actually furnished in response to the

 7  request for bids. However, the exemption for the bid documents

 8  submitted no longer applies after the bids are opened by the

 9  customer or prospective customer.

10         (aa)  Upon a request made in a form designated by the

11  Department of Highway Safety and Motor Vehicles, personal

12  information contained in a motor vehicle record that

13  identifies the requester is exempt from subsection (1) and s.

14  24(a), Art. I of the State Constitution except as provided in

15  this paragraph.  Personal information includes, but is not

16  limited to, the requester's social security number, driver

17  identification number, name, address, telephone number, and

18  medical or disability information.  For purposes of this

19  paragraph, personal information does not include information

20  relating to vehicular crashes, driving violations, and

21  driver's status.  Such request may be made only by the person

22  who is the subject of the motor vehicle record.  For purposes

23  of this paragraph, "motor vehicle record" means any record

24  that pertains to a motor vehicle operator's permit, motor

25  vehicle title, motor vehicle registration, or identification

26  card issued by the Department of Highway Safety and Motor

27  Vehicles.  Personal information contained in motor vehicle

28  records exempted by an individual's request pursuant to this

29  paragraph shall be released by the department for any of the

30  following uses:

31  

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 1         1.  For use in connection with matters of motor vehicle

 2  or driver safety and theft; motor vehicle emissions; motor

 3  vehicle product alterations, recalls, or advisories;

 4  performance monitoring of motor vehicles and dealers by motor

 5  vehicle manufacturers; and removal of nonowner records from

 6  the original owner records of motor vehicle manufacturers, to

 7  carry out the purposes of the Automobile Information

 8  Disclosure Act, the Motor Vehicle Information and Cost Saving

 9  Act, the National Traffic and Motor Vehicle Safety Act of

10  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

11         2.  For use by any government agency, including any

12  court or law enforcement agency, in carrying out its

13  functions, or any private person or entity acting on behalf of

14  a federal, state, or local agency in carrying out its

15  functions.

16         3.  For use in connection with matters of motor vehicle

17  or driver safety and theft; motor vehicle emissions; motor

18  vehicle product alterations, recalls, or advisories;

19  performance monitoring of motor vehicles, motor vehicle parts,

20  and dealers; motor vehicle market research activities,

21  including survey research; and removal of nonowner records

22  from the original owner records of motor vehicle

23  manufacturers.

24         4.  For use in the normal course of business by a

25  legitimate business or its agents, employees, or contractors,

26  but only:

27         a.  To verify the accuracy of personal information

28  submitted by the individual to the business or its agents,

29  employees, or contractors; and

30         b.  If such information as so submitted is not correct

31  or is no longer correct, to obtain the correct information,

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 1  but only for the purposes of preventing fraud by, pursuing

 2  legal remedies against, or recovering on a debt or security

 3  interest against, the individual.

 4         5.  For use in connection with any civil, criminal,

 5  administrative, or arbitral proceeding in any court or agency

 6  or before any self-regulatory body for:

 7         a.  Service of process by any certified process server,

 8  special process server, or other person authorized to serve

 9  process in this state.

10         b.  Investigation in anticipation of litigation by an

11  attorney licensed to practice law in this state or the agent

12  of the attorney.

13         c.  Investigation by any person in connection with any

14  filed proceeding.

15         d.  Execution or enforcement of judgments and orders.

16         e.  Compliance with an order of any court.

17         6.  For use in research activities and for use in

18  producing statistical reports, so long as the personal

19  information is not published, redisclosed, or used to contact

20  individuals.

21         7.  For use by any insurer or insurance support

22  organization, or by a self-insured entity, or its agents,

23  employees, or contractors, in connection with claims

24  investigation activities, anti-fraud activities, rating, or

25  underwriting.

26         8.  For use in providing notice to the owners of towed

27  or impounded vehicles.

28         9.  For use by any licensed private investigative

29  agency or licensed security service for any purpose permitted

30  under this paragraph. Personal information obtained based on

31  an exempt driver's record may not be provided to a client who

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 1  cannot demonstrate a need based on a police report, court

 2  order, or a business or personal relationship with the subject

 3  of the investigation.

 4         10.  For use by an employer or its agent or insurer to

 5  obtain or verify information relating to a holder of a

 6  commercial driver's license that is required under the

 7  Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App.

 8  2710 et seq.

 9         11.  For use in connection with the operation of

10  private toll transportation facilities.

11         12.  For bulk distribution for surveys, marketing, or

12  solicitations when the department has implemented methods and

13  procedures to ensure that:

14         a.  Individuals are provided an opportunity, in a clear

15  and conspicuous manner, to prohibit such uses; and

16         b.  The information will be used, rented, or sold

17  solely for bulk distribution for survey, marketing, and

18  solicitations, and that surveys, marketing, and solicitations

19  will not be directed at those individuals who have timely

20  requested that they not be directed at them.

21         13.  For any use if the requesting person demonstrates

22  that he or she has obtained the written consent of the person

23  who is the subject of the motor vehicle record.

24         14.  For any other use specifically authorized by state

25  law, if such use is related to the operation of a motor

26  vehicle or public safety.

27  

28  Personal information exempted from public disclosure according

29  to this paragraph may be disclosed by the Department of

30  Highway Safety and Motor Vehicles to an individual, firm,

31  corporation, or similar business entity whose primary business

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 1  interest is to resell or redisclose the personal information

 2  to persons who are authorized to receive such information.

 3  Prior to the department's disclosure of personal information,

 4  such individual, firm, corporation, or similar business entity

 5  must first enter into a contract with the department regarding

 6  the care, custody, and control of the personal information to

 7  ensure compliance with the federal Driver's Privacy Protection

 8  Act of 1994 and applicable state laws. An authorized recipient

 9  of personal information contained in a motor vehicle record,

10  except a recipient under subparagraph 12., may contract with

11  the Department of Highway Safety and Motor Vehicles to resell

12  or redisclose the information for any use permitted under this

13  paragraph. However, only authorized recipients of personal

14  information under subparagraph 12. may resell or redisclose

15  personal information pursuant to subparagraph 12. Any

16  authorized recipient who resells or rediscloses personal

17  information shall maintain, for a period of 5 years, records

18  identifying each person or entity that receives the personal

19  information and the permitted purpose for which it will be

20  used. Such records shall be made available for inspection upon

21  request by the department. The department shall adopt rules to

22  carry out the purposes of this paragraph and the federal

23  Driver's Privacy Protection Act of 1994, Title XXX, Pub. L.

24  No. 103-322. Rules adopted by the department shall provide for

25  the payment of applicable fees and, prior to the disclosure of

26  personal information pursuant to this paragraph, shall require

27  the meeting of conditions by the requesting person for the

28  purposes of obtaining reasonable assurance concerning the

29  identity of such requesting person, and, to the extent

30  required, assurance that the use will be only as authorized or

31  that the consent of the person who is the subject of the

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 1  personal information has been obtained.  Such conditions may

 2  include, but need not be limited to, the making and filing of

 3  a written application in such form and containing such

 4  information and certification requirements as the department

 5  requires.

 6         (bb)  Medical history records and information related

 7  to health or property insurance provided to the Department of

 8  Community Affairs, the Florida Housing Finance Corporation, a

 9  county, a municipality, or a local housing finance agency by

10  an applicant for or a participant in a federal, state, or

11  local housing assistance program are confidential and exempt

12  from the provisions of subsection (1) and s. 24(a), Art. I of

13  the State Constitution. Governmental entities or their agents

14  shall have access to such confidential and exempt records and

15  information for the purpose of auditing federal, state, or

16  local housing programs or housing assistance programs. Such

17  confidential and exempt records and information may be used in

18  any administrative or judicial proceeding, provided such

19  records are kept confidential and exempt unless otherwise

20  ordered by a court.

21         (cc)  All personal identifying information; bank

22  account numbers; and debit, charge, and credit card numbers

23  contained in records relating to an individual's personal

24  health or eligibility for health-related services made or

25  received by the Department of Health or its service providers

26  are confidential and exempt from the provisions of subsection

27  (1) and s. 24(a), Art. I of the State Constitution, except as

28  otherwise provided in this paragraph.  Information made

29  confidential and exempt by this paragraph shall be disclosed:

30         1.  With the express written consent of the individual

31  or the individual's legally authorized representative.

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 1         2.  In a medical emergency, but only to the extent

 2  necessary to protect the health or life of the individual.

 3         3.  By court order upon a showing of good cause.

 4         4.  To a health research entity, if the entity seeks

 5  the records or data pursuant to a research protocol approved

 6  by the department, maintains the records or data in accordance

 7  with the approved protocol, and enters into a purchase and

 8  data-use agreement with the department, the fee provisions of

 9  which are consistent with subsection (4) paragraph (1)(a).

10  The department may deny a request for records or data if the

11  protocol provides for intrusive follow-back contacts, has not

12  been approved by a human studies institutional review board,

13  does not plan for the destruction of confidential records

14  after the research is concluded, is administratively

15  burdensome, or does not have scientific merit.  The agreement

16  must restrict the release of any information, which would

17  permit the identification of persons, limit the use of records

18  or data to the approved research protocol, and prohibit any

19  other use of the records or data.  Copies of records or data

20  issued pursuant to this subparagraph remain the property of

21  the department.

22  

23  This paragraph is subject to the Open Government Sunset Review

24  Act of 1995, in accordance with s. 119.15, and shall stand

25  repealed on October 2, 2006, unless reviewed and saved from

26  repeal through reenactment by the Legislature.

27         (dd)  Bank account numbers and debit, charge, and

28  credit card numbers held by an agency are exempt from

29  subsection (1) and s. 24(a), Art. I of the State Constitution.

30  This exemption applies to bank account numbers and debit,

31  charge, and credit card numbers held by an agency before, on,

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 1  or after the effective date of this exemption. This paragraph

 2  is subject to the Open Government Sunset Review Act of 1995 in

 3  accordance with s. 119.15, and shall stand repealed on October

 4  2, 2007, unless reviewed and saved from repeal through

 5  reenactment by the Legislature.

 6         (ee)  Building plans, blueprints, schematic drawings,

 7  and diagrams, including draft, preliminary, and final formats,

 8  which depict the internal layout and structural elements of a

 9  building, arena, stadium, water treatment facility, or other

10  structure owned or operated by an agency as defined in s.

11  119.011 are exempt from the provisions of subsection (1) and

12  s. 24(a), Art. I of the State Constitution. This exemption

13  applies to building plans, blueprints, schematic drawings, and

14  diagrams, including draft, preliminary, and final formats,

15  which depict the internal layout and structural elements of a

16  building, arena, stadium, water treatment facility, or other

17  structure owned or operated by an agency before, on, or after

18  the effective date of this act. Information made exempt by

19  this paragraph may be disclosed to another governmental entity

20  if disclosure is necessary for the receiving entity to perform

21  its duties and responsibilities; to a licensed architect,

22  engineer, or contractor who is performing work on or related

23  to the building, arena, stadium, water treatment facility, or

24  other structure owned or operated by an agency; or upon a

25  showing of good cause before a court of competent

26  jurisdiction.  The entities or persons receiving such

27  information shall maintain the exempt status of the

28  information. This paragraph is subject to the Open Government

29  Sunset Review Act of 1995 in accordance with s. 119.15, and

30  shall stand repealed on October 2, 2007, unless reviewed and

31  reenacted by the Legislature.

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 1         (ff)1.  Until January 1, 2006, if a social security

 2  number, made confidential and exempt pursuant to s. 119.0721,

 3  created pursuant to s. 1, ch. 2002-256, passed during the 2002

 4  regular legislative session, or a complete bank account,

 5  debit, charge, or credit card number made exempt pursuant to

 6  paragraph (dd), created pursuant to s. 1, ch. 2002-257, passed

 7  during the 2002 regular legislative session, is or has been

 8  included in a court file, such number may be included as part

 9  of the court record available for public inspection and

10  copying unless redaction is requested by the holder of such

11  number, or by the holder's attorney or legal guardian, in a

12  signed, legibly written request specifying the case name, case

13  number, document heading, and page number. The request must be

14  delivered by mail, facsimile, electronic transmission, or in

15  person to the clerk of the circuit court. The clerk of the

16  circuit court does not have a duty to inquire beyond the

17  written request to verify the identity of a person requesting

18  redaction.  A fee may not be charged for the redaction of a

19  social security number or a bank account, debit, charge, or

20  credit card number pursuant to such request.

21         2.  Any person who prepares or files a document to be

22  recorded in the official records by the county recorder as

23  provided in chapter 28 may not include a person's social

24  security number or complete bank account, debit, charge, or

25  credit card number in that document unless otherwise expressly

26  required by law. Until January 1, 2006, if a social security

27  number or a complete bank account, debit, charge or credit

28  card number is or has been included in a document presented to

29  the county recorder for recording in the official records of

30  the county, such number may be made available as part of the

31  official record available for public inspection and copying.

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 1  Any person, or his or her attorney or legal guardian, may

 2  request that a county recorder remove from an image or copy of

 3  an official record placed on a county recorder's publicly

 4  available Internet website, or a publicly available Internet

 5  website used by a county recorder to display public records

 6  outside the office or otherwise made electronically available

 7  outside the county recorder's office to the general public,

 8  his or her social security number or complete account, debit,

 9  charge, or credit card number contained in that official

10  record. Such request must be legibly written, signed by the

11  requester, and delivered by mail, facsimile, electronic

12  transmission, or in person to the county recorder. The request

13  must specify the identification page number of the document

14  that contains the number to be redacted. The county recorder

15  does not have a duty to inquire beyond the written request to

16  verify the identity of a person requesting redaction. A fee

17  may not be charged for redacting such numbers.

18         3.  Upon the effective date of this act, subsections

19  (3) and (4) of s. 119.0721, do not apply to the clerks of the

20  court or the county recorder with respect to circuit court

21  records and official records.

22         4.  On January 1, 2006, and thereafter, the clerk of

23  the circuit court and the county recorder must keep complete

24  bank account, debit, charge, and credit card numbers exempt as

25  provided for in paragraph (dd), and must keep social security

26  numbers confidential and exempt as provided for in s.

27  119.0721, without any person having to request redaction.

28         (gg)  All personal identifying information contained in

29  records relating to a person's health held by local

30  governmental entities or their service providers for the

31  purpose of determining eligibility for paratransit services

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 1  under Title II of the Americans with Disabilities Act or

 2  eligibility for the transportation disadvantaged program as

 3  provided in part I of chapter 427 is confidential and exempt

 4  from the provisions of subsection (1) and s. 24(a), Art. I of

 5  the State Constitution, except as otherwise provided herein.

 6  This exemption applies to personal identifying information

 7  contained in such records held by local governmental entities

 8  or their service providers before, on, or after the effective

 9  date of this exemption. Information made confidential and

10  exempt by this paragraph shall be disclosed:

11         1.  With the express written consent of the individual

12  or the individual's legally authorized representative;

13         2.  In a medical emergency, but only to the extent

14  necessary to protect the health or life of the individual;

15         3.  By court order upon a showing of good cause; or

16         4.  For the purpose of determining eligibility for

17  paratransit services if the individual or the individual's

18  legally authorized representative has filed an appeal or

19  petition before an administrative body of a local government

20  or a court.

21         (hh)  Any videotape or video signal that, under an

22  agreement with an agency, is produced, made, or received by,

23  or is in the custody of, a federally-licensed radio or

24  television station or its agent is exempt from this chapter.

25         (7)(4)  Nothing in this section shall be construed to

26  exempt from subsection (1) a public record which was made a

27  part of a court file and which is not specifically closed by

28  order of court, except as provided in paragraphs (c), (d),

29  (e), (k), (l), and (o) of subsection (6) (3) and except

30  information or records which may reveal the identity of a

31  

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 1  person who is a victim of a sexual offense as provided in

 2  paragraph (f) of subsection (6) (3).

 3         (5)  An exemption from this section does not imply an

 4  exemption from or exception to s. 286.011.  The exemption from

 5  or exception to s. 286.011 must be expressly provided.

 6         (8)(6)  Nothing in subsection (6) (3) or any other

 7  general or special law shall limit the access of the Auditor

 8  General, the Office of Program Policy Analysis and Government

 9  Accountability, or any state, county, municipal, university,

10  board of community college, school district, or special

11  district internal auditor to public records when such person

12  states in writing that such records are needed for a properly

13  authorized audit, examination, or investigation. Such person

14  shall maintain the exempt or confidential status of a

15  confidentiality of any public record records that is exempt or

16  are confidential or exempt from the provisions of subsection

17  (1) and shall be subject to the same penalties as the

18  custodian custodians of that record those public records for

19  public disclosure of such record violating confidentiality.

20         (9)  An exemption from this section does not imply an

21  exemption from s. 286.011. The exemption from s. 286.011 must

22  be expressly provided.

23         (7)(a)  Any person or organization, including the

24  Department of Children and Family Services, may petition the

25  court for an order making public the records of the Department

26  of Children and Family Services that pertain to investigations

27  of alleged abuse, neglect, abandonment, or exploitation of a

28  child or a vulnerable adult. The court shall determine if good

29  cause exists for public access to the records sought or a

30  portion thereof. In making this determination, the court shall

31  balance the best interest of the vulnerable adult or child who

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 1  is the focus of the investigation, and in the case of the

 2  child, the interest of that child's siblings, together with

 3  the privacy right of other persons identified in the reports

 4  against the public interest. The public interest in access to

 5  such records is reflected in s. 119.01(1), and includes the

 6  need for citizens to know of and adequately evaluate the

 7  actions of the Department of Children and Family Services and

 8  the court system in providing vulnerable adults and children

 9  of this state with the protections enumerated in ss. 39.001

10  and 415.101.  However, this subsection does not contravene ss.

11  39.202 and 415.107, which protect the name of any person

12  reporting the abuse, neglect, or exploitation of a child or a

13  vulnerable adult.

14         (b)  In cases involving serious bodily injury to a

15  child or a vulnerable adult, the Department of Children and

16  Family Services may petition the court for an order for the

17  immediate public release of records of the department which

18  pertain to the protective investigation. The petition must be

19  personally served upon the child or vulnerable adult, the

20  child's parents or guardian, the legal guardian of that

21  person, if any, and any person named as an alleged perpetrator

22  in the report of abuse, neglect, abandonment, or exploitation.

23  The court must determine if good cause exists for the public

24  release of the records sought no later than 24 hours,

25  excluding Saturdays, Sundays, and legal holidays, after the

26  date the department filed the petition with the court. If the

27  court has neither granted nor denied the petition within the

28  24-hour time period, the department may release to the public

29  summary information including:

30         1.  A confirmation that an investigation has been

31  conducted concerning the alleged victim.

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 1         2.  The dates and brief description of procedural

 2  activities undertaken during the department's investigation.

 3         3.  The date of each judicial proceeding, a summary of

 4  each participant's recommendations made at the judicial

 5  proceedings, and the rulings of the court.

 6  

 7  The summary information may not include the name of, or other

 8  identifying information with respect to, any person identified

 9  in any investigation. In making a determination to release

10  confidential information, the court shall balance the best

11  interests of the vulnerable adult or child who is the focus of

12  the investigation and, in the case of the child, the interests

13  of that child's siblings, together with the privacy rights of

14  other persons identified in the reports against the public

15  interest for access to public records. However, this paragraph

16  does not contravene ss. 39.202 and 415.107, which protect the

17  name of any person reporting abuse, neglect, or exploitation

18  of a child or a vulnerable adult.

19         (c)  When the court determines that good cause for

20  public access exists, the court shall direct that the

21  department redact the name of and other identifying

22  information with respect to any person identified in any

23  protective investigation report until such time as the court

24  finds that there is probable cause to believe that the person

25  identified committed an act of alleged abuse, neglect, or

26  abandonment.

27         (10)(8)  The provisions of this section are not

28  intended to expand or limit the provisions of Rule 3.220,

29  Florida Rules of Criminal Procedure, regarding the right and

30  extent of discovery by the state or by a defendant in a

31  criminal prosecution or in collateral postconviction

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 1  proceedings.  This section may not be used by any inmate as

 2  the basis for failing to timely litigate any postconviction

 3  action.

 4         Section 8.  Section 119.08, Florida Statutes, is

 5  repealed.

 6         Section 9.  Section 119.084, Florida Statutes, is

 7  amended to read:

 8         119.084  Definitions; copyright of data processing

 9  software created by governmental agencies; sale price and

10  licensing fee; access to public records; prohibited

11  contracts.--

12         (1)  As used in this section,:

13         (a)  "agency" has the same meaning as in s. 119.011(2),

14  except that the term does not include any private agency,

15  person, partnership, corporation, or business entity.

16         (b)  "Data processing software" means the programs and

17  routines used to employ and control the capabilities of data

18  processing hardware, including, but not limited to, operating

19  systems, compilers, assemblers, utilities, library routines,

20  maintenance routines, applications, and computer networking

21  programs.

22         (c)  "Proprietary software" means data processing

23  software that is protected by copyright or trade secret laws.

24         (2)  Any agency is authorized to acquire and hold

25  copyrights for data processing software created by the agency

26  and to enforce its rights pertaining to such copyrights,

27  provided that the agency complies with the requirements of

28  this section.

29         (a)  Any agency that has acquired a copyright for data

30  processing software created by the agency may sell or license

31  the copyrighted data processing software to any public agency

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 1  or private person and may establish a price for the sale and a

 2  license fee for the use of such data processing software.

 3  Proceeds from the sale or licensing of copyrighted data

 4  processing software shall be deposited by the agency into a

 5  trust fund for the agency's appropriate use for authorized

 6  purposes.  Counties, municipalities, and other political

 7  subdivisions of the state may designate how such sale and

 8  licensing proceeds are to be used. The price for the sale of

 9  and the fee for the licensing of copyrighted data processing

10  software may be based on market considerations. However, the

11  prices or fees for the sale or licensing of copyrighted data

12  processing software to an individual or entity solely for

13  application to information maintained or generated by the

14  agency that created the copyrighted data processing software

15  shall be determined pursuant to s. 119.07(4) s. 119.07(1).

16         (b)  The provisions of this subsection are supplemental

17  to, and shall not supplant or repeal, any other provision of

18  law that authorizes an agency to acquire and hold copyrights.

19         (3)  Subject to the restrictions of copyright and trade

20  secret laws and public records exemptions, agency use of

21  proprietary software must not diminish the right of the public

22  to inspect and copy a public record.

23         (4)  An agency must consider when designing or

24  acquiring an electronic recordkeeping system that such system

25  is capable of providing data in some common format such as,

26  but not limited to, the American Standard Code for Information

27  Interchange.

28         (5)  Each agency that maintains a public record in an

29  electronic recordkeeping system shall provide to any person,

30  pursuant to this chapter, a copy of any public record in that

31  system which is not exempted by law from public disclosure.

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 1  An agency must provide a copy of the record in the medium

 2  requested if the agency maintains the record in that medium,

 3  and the agency may charge a fee which shall be in accordance

 4  with this chapter.  For the purpose of satisfying a public

 5  records request, the fee to be charged by an agency if it

 6  elects to provide a copy of a public record in a medium not

 7  routinely used by the agency, or if it elects to compile

 8  information not routinely developed or maintained by the

 9  agency or that requires a substantial amount of manipulation

10  or programming, must be in accordance with s. 119.07(1)(b).

11         (6)  An agency may not enter into a contract for the

12  creation or maintenance of a public records database if that

13  contract impairs the ability of the public to inspect or copy

14  the public records of that agency, including public records

15  that are on-line or stored in an electronic recordkeeping

16  system used by the agency. Such contract may not allow any

17  impediment that as a practical matter makes it more difficult

18  for the public to inspect or copy the records than to inspect

19  or copy the agency's records. The fees and costs for the

20  production of such records may not be more than the fees or

21  costs charged by the agency.

22         (3)(7)  This section is subject to the Open Government

23  Sunset Review Act of 1995 in accordance with s. 119.15 and

24  shall stand repealed on October 2, 2006, unless reviewed and

25  saved from repeal through reenactment by the Legislature.

26         Section 10.  Sections 119.085 and 119.09, Florida

27  Statutes, are repealed.

28         Section 11.  Section 119.10, Florida Statutes, is

29  amended to read:

30         119.10  Violation of chapter; penalties.--

31         (1)  Any public officer who:

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 1         (a)  Violates any provision of this chapter is guilty

 2  of a noncriminal infraction, punishable by fine not exceeding

 3  $500.

 4         (b)  Knowingly violates the provisions of s. 119.07(1)

 5  is subject to suspension and removal or impeachment and, in

 6  addition, commits a misdemeanor of the first degree,

 7  punishable as provided in s. 775.082 or s. 775.083.

 8         (2)  Any person who willfully and knowingly violates:

 9  violating

10         (a)  Any of the provisions of this chapter commits is

11  guilty of a misdemeanor of the first degree, punishable as

12  provided in s. 775.082 or s. 775.083.

13         (b)(3)  Section Any person who willfully and knowingly

14  violates s. 119.105 commits a felony of the third degree,

15  punishable as provided in s. 775.082, s. 775.083, or s.

16  775.084.

17         Section 12.  Section 119.105, Florida Statutes, is

18  amended to read:

19         119.105  Protection of victims of crimes or

20  accidents.--Police reports are public records except as

21  otherwise made exempt or confidential by general or special

22  law. Every person is allowed to examine nonexempt or

23  nonconfidential police reports. A person who comes into

24  possession of exempt or confidential information contained in

25  police reports may not use that information for any commercial

26  solicitation of the victims or relatives of the victims of the

27  reported crimes or accidents and may not knowingly disclose

28  such information to any third party for the purpose of such

29  solicitation during the period of time that information

30  remains exempt or confidential. This section does not prohibit

31  the publication of such information to the general public by

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 1  any news media legally entitled to possess that information or

 2  the use of such information for any other data collection or

 3  analysis purposes by those entitled to possess that

 4  information.

 5         Section 13.  Paragraph (a) of subsection (1) of section

 6  120.55, Florida Statutes, is amended to read:

 7         120.55  Publication.--

 8         (1)  The Department of State shall:

 9         (a)1.  Through a continuous revision system, compile

10  and publish the "Florida Administrative Code." The Florida

11  Administrative Code shall contain Publish in a permanent

12  compilation entitled "Florida Administrative Code" all rules

13  adopted by each agency, citing the specific rulemaking

14  authority pursuant to which each rule was adopted, all history

15  notes as authorized in s. 120.545(9), and complete indexes to

16  all rules contained in the code. Supplementation shall be made

17  as often as practicable, but at least monthly.  The department

18  may contract with a publishing firm for the publication, in a

19  timely and useful form, of the Florida Administrative Code;

20  however, the department shall retain responsibility for the

21  code as provided in this section.  This publication shall be

22  the official compilation of the administrative rules of this

23  state.  The Department of State shall retain the copyright

24  over the Florida Administrative Code.

25         2.  Rules general in form but applicable to only one

26  school district, community college district, or county, or a

27  part thereof, or state university rules relating to internal

28  personnel or business and finance shall not be published in

29  the Florida Administrative Code. Exclusion from publication in

30  the Florida Administrative Code shall not affect the validity

31  or effectiveness of such rules.

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 1         3.  At the beginning of the section of the code dealing

 2  with an agency that files copies of its rules with the

 3  department, the department shall publish the address and

 4  telephone number of the executive offices of each agency, the

 5  manner by which the agency indexes its rules, a listing of all

 6  rules of that agency excluded from publication in the code,

 7  and a statement as to where those rules may be inspected.

 8         4.  Forms shall not be published in the Florida

 9  Administrative Code; but any form which an agency uses in its

10  dealings with the public, along with any accompanying

11  instructions, shall be filed with the committee before it is

12  used. Any form or instruction which meets the definition of

13  "rule" provided in s. 120.52 shall be incorporated by

14  reference into the appropriate rule.  The reference shall

15  specifically state that the form is being incorporated by

16  reference and shall include the number, title, and effective

17  date of the form and an explanation of how the form may be

18  obtained.

19         Section 14.  Paragraph (b) of subsection (2) of section

20  257.36, Florida Statutes, is amended to read:

21         257.36  Records and information management.--

22         (2)

23         (b)  Title to any record detained in any records center

24  shall remain in the agency transferring such record to the

25  division. When the Legislature transfers any duty or

26  responsibility of an agency to another agency, the receiving

27  agency shall be the custodian of public records with regard to

28  the public records associated with that transferred duty or

29  responsibility, and shall be responsible for the records

30  storage service charges of the division. If an agency is

31  dissolved and the legislation dissolving that agency does not

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 1  assign an existing agency as the custodian of public records

 2  for the dissolved agency's records, then the Cabinet is the

 3  custodian of public records for the dissolved agency, unless

 4  the Cabinet otherwise designates a custodian. The Cabinet or

 5  the agency designated by the Cabinet shall be responsible for

 6  the records storage service charges of the division.

 7         Section 15.  Subsection (5) of section 328.15, Florida

 8  Statutes, is amended to read:

 9         328.15  Notice of lien on vessel; recording.--

10         (5)  The Department of Highway Safety and Motor

11  Vehicles shall make such rules and regulations as it deems

12  necessary or proper for the effective administration of this

13  law. The department may by rule require that a notice of

14  satisfaction of a lien be notarized. The department shall

15  prepare the forms of the notice of lien and the satisfaction

16  of lien to be supplied, at a charge not to exceed 50 percent

17  more than cost, to applicants for recording the liens or

18  satisfactions and shall keep a permanent record of such

19  notices of lien and satisfactions available for inspection by

20  the public at all reasonable times. The division is authorized

21  to furnish certified copies of such satisfactions for a fee of

22  $1, which certified copies shall be admissible in evidence in

23  all courts of this state under the same conditions and to the

24  same effect as certified copies of other public records.

25         Section 16.  Subsection (4) of section 372.5717,

26  Florida Statutes, is amended to read:

27         372.5717  Hunter safety course; requirements;

28  penalty.--

29         (4)  The commission shall issue a permanent hunter

30  safety certification card to each person who successfully

31  completes the hunter safety course.  The commission shall

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 1  maintain permanent records of hunter safety certification

 2  cards issued and shall establish procedures for replacing lost

 3  or destroyed cards.

 4         Section 17.  Section 415.1071, Florida Statutes, is

 5  created to read:

 6         415.1071  Release of confidential information.--

 7         (1)  Any person or organization, including the

 8  Department of Children and Family Services, may petition the

 9  court for an order making public the records of the Department

10  of Children and Family Services which pertain to

11  investigations of alleged abuse, neglect, or exploitation of a

12  vulnerable adult. The court shall determine if good cause

13  exists for public access to the records sought or a portion

14  thereof. In making this determination, the court shall balance

15  the best interests of the vulnerable adult who is the focus of

16  the investigation together with the privacy right of other

17  persons identified in the reports against the public interest.

18  The public interest in access to such records is reflected in

19  s. 119.01(1), and includes the need for citizens to know of

20  and adequately evaluate the actions of the Department of

21  Children and Family Services and the court system in providing

22  vulnerable adults of this state with the protections

23  enumerated in s. 415.101. However, this subsection does not

24  contravene s. 415.107, which protects the name of any person

25  reporting the abuse, neglect, or exploitation of a vulnerable

26  adult.

27         (2)  In cases involving serious bodily injury to a

28  vulnerable adult, the Department of Children and Family

29  Services may petition the court for an order for the immediate

30  public release of records of the department which pertain to

31  the protective investigation. The petition must be personally

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 1  served upon the vulnerable adult, the legal guardian of that

 2  person, if any, and any person named as an alleged perpetrator

 3  in the report of abuse, neglect, or exploitation. The court

 4  must determine if good cause exists for the public release of

 5  the records sought no later than 24 hours, excluding

 6  Saturdays, Sundays, and legal holidays, after the date the

 7  department filed the petition with the court. If the court

 8  does not grant or deny the petition within the 24-hour time

 9  period, the department may release to the public summary

10  information including:

11         (a)  A confirmation that an investigation has been

12  conducted concerning the alleged victim.

13         (b)  The dates and brief description of procedural

14  activities undertaken during the department's investigation.

15         (c)  The date of each judicial proceeding, a summary of

16  each participant's recommendations made at the judicial

17  proceeding, and the ruling of the court.

18  

19  The summary information shall not include the name of, or

20  other identifying information with respect to, any person

21  identified in any investigation. In making a determination to

22  release confidential information, the court shall balance the

23  best interests of the vulnerable adult who is the focus of the

24  investigation together with the privacy rights of other

25  persons identified in the reports against the public interest

26  for access to public records. However, this subsection does

27  not contravene s. 415.107, which protects the name of any

28  person reporting abuse, neglect, or exploitation of a

29  vulnerable adult.

30         (3)  When the court determines that good cause for

31  public access exists, the court shall direct that the

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 1  department redact the name of and other identifying

 2  information with respect to any person identified in any

 3  protective investigation report until such time as the court

 4  finds that there is probable cause to believe that the person

 5  identified committed an act of alleged abuse, neglect, or

 6  exploitation.

 7         Section 18.  Subsection (2) of section 560.121, Florida

 8  Statutes, is amended to read:

 9         560.121  Records; limited restrictions upon public

10  access.--

11         (2)  Examination reports, investigatory records,

12  applications, and related information compiled by the office,

13  or photographic copies thereof, shall be retained by the

14  office for a period of at least 3 10 years following the date

15  that the examination or investigation ceases to be active.

16  Application records, and related information compiled by the

17  department, or photographic copies thereof, shall be retained

18  by the department for a period of at least 2 years following

19  the date that the registration ceases to be active.

20         Section 19.  Subsection (6) of section 560.123, Florida

21  Statutes, is amended to read:

22         560.123  Florida control of money laundering in the

23  Money Transmitters' Code; reports of transactions involving

24  currency or monetary instruments; when required; purpose;

25  definitions; penalties; corpus delicti.--

26         (6)  The office must retain a copy of all reports

27  received under subsection (5) for a minimum of 3 5 calendar

28  years after receipt of the report. However, if a report or

29  information contained in a report is known by the office to be

30  the subject of an existing criminal proceeding, the report

31  

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 1  must be retained for a minimum of 10 calendar years from the

 2  date of receipt.

 3         Section 20.  Subsection (4) of section 560.129, Florida

 4  Statutes, is amended to read:

 5         560.129  Confidentiality.--

 6         (4)  Examination reports, investigatory records,

 7  applications, and related information compiled by the office,

 8  or photographic copies thereof, shall be retained by the

 9  office for a period of at least 3 10 years following the date

10  that the examination or investigation ceases to be active.

11  Application records, and related information compiled by the

12  department, or photographic copies thereof, shall be retained

13  by the department for a period of at least 2 years following

14  the date that the registration ceases to be active.

15         Section 21.  Subsection (3) of section 624.311, Florida

16  Statutes, is amended to read:

17         624.311  Records; reproductions; destruction.--

18         (3)  The department, commission, and office may each

19  photograph, microphotograph, or reproduce on film, or maintain

20  in an electronic recordkeeping system whereby each page will

21  be reproduced in exact conformity with the original, all

22  financial records, financial statements of domestic insurers,

23  reports of business transacted in this state by foreign

24  insurers and alien insurers, reports of examination of

25  domestic insurers, and such other records and documents on

26  file in its office as it may in its discretion select.

27         Section 22.  Subsection (1) of section 624.312, Florida

28  Statutes, is amended to read:

29         624.312  Reproductions and certified copies of records

30  as evidence.--

31  

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 1         (1)  Photographs or microphotographs in the form of

 2  film or prints, or other reproductions from an electronic

 3  recordkeeping system, of documents and records made under s.

 4  624.311(3), or made under former s. 624.311(3) before October

 5  1, 1982, shall have the same force and effect as the originals

 6  thereof and shall be treated as originals for the purpose of

 7  their admissibility in evidence.  Duly certified or

 8  authenticated reproductions of such photographs, or

 9  microphotographs, or reproductions from an electronic

10  recordkeeping system, shall be as admissible in evidence as

11  the originals.

12         Section 23.  Subsection (2) of section 633.527, Florida

13  Statutes, is amended to read:

14         633.527  Records concerning applicant; extent of

15  confidentiality.--

16         (2)  All examination test questions, answer sheets, and

17  grades shall be retained for a period of 2 5 years following

18  from the date of the examination.

19         Section 24.  Subsection (8) of section 655.50, Florida

20  Statutes, is amended to read:

21         655.50  Florida Control of Money Laundering in

22  Financial Institutions Act; reports of transactions involving

23  currency or monetary instruments; when required; purpose;

24  definitions; penalties.--

25         (8)(a)  The office shall retain a copy of all reports

26  received under subsection (4) for a minimum of 5 calendar

27  years after receipt of the report. However, if a report or

28  information contained in a report is known by the office to be

29  the subject of an existing criminal proceeding, the report

30  shall be retained for a minimum of 10 calendar years after

31  receipt of the report.

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 1         (a)(b)  Each financial institution shall maintain for a

 2  minimum of 5 calendar years full and complete records of all

 3  financial transactions, including all records required by 31

 4  C.F.R. parts 103.33 and 103.34.

 5         (b)(c)  The financial institution shall retain a copy

 6  of all reports filed with the office under subsection (4) for

 7  a minimum of 5 calendar years after submission of the report.

 8  However, if a report or information contained in a report is

 9  known by the financial institution to be the subject of an

10  existing criminal proceeding, the report shall be retained for

11  a minimum of 10 calendar years after submission of the report.

12         (c)(d)  The financial institution shall retain a copy

13  of all records of exemption for each designation of exempt

14  person made pursuant to subsection (6) for a minimum of 5

15  calendar years after termination of exempt status of such

16  customer. However, if it is known by the financial institution

17  that the customer or the transactions of the customer are the

18  subject of an existing criminal proceeding, the records shall

19  be retained for a minimum of 10 calendar years after

20  termination of exempt status of such customer.

21         Section 25.  Section 945.25, Florida Statutes, is

22  amended to read:

23         945.25  Records.--

24         (1)  It shall be the duty of the Department of

25  Corrections to obtain and place in its permanent records

26  information as complete as practicable may be practicably

27  available on every person who may be sentenced to supervision

28  or incarceration under the jurisdiction of the department

29  become subject to parole.  Such information shall be obtained

30  as soon as possible after imposition of sentence and shall, in

31  the discretion of the department, include, among other things:

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 1         (a)  A copy of the indictment or information and a

 2  complete statement of the facts of the crime for which such

 3  person has been sentenced.

 4         (b)  The court in which the person was sentenced.

 5         (c)  The terms of the sentence.

 6         (d)  The name of the presiding judge, the prosecuting

 7  officers, the investigating officers, and the attorneys for

 8  the person convicted.

 9         (e)  A copy of all probation reports which may have

10  been made.

11         (f)  Any social, physical, mental, psychiatric, or

12  criminal record of such person.

13         (2)  The department, in its discretion, shall also

14  obtain and place in its permanent records such information on

15  every person who may be placed on probation, and on every

16  person who may become subject to pardon and commutation of

17  sentence.

18         (2)(3)  It shall be the duty of the court and its

19  prosecuting officials to furnish to the department upon its

20  request such information and also to furnish such copies of

21  such minutes and other records as may be in their possession

22  or under their control.

23         (3)(4)  Following the initial hearing provided for in

24  s. 947.172(1), the commission shall prepare and the department

25  shall include in the official record a copy of the

26  seriousness-of-offense and favorable-parole-outcome scores and

27  shall include a listing of the specific factors and

28  information used in establishing a presumptive parole release

29  date for the inmate.

30         Section 26.  Paragraph (e) of subsection (4) of section

31  985.31, Florida Statutes, is amended to read:

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 1         985.31  Serious or habitual juvenile offender.--

 2         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

 3         (e)  The results of any serologic blood or urine test

 4  on a serious or habitual juvenile offender shall become a part

 5  of that child's permanent medical file. Upon transfer of the

 6  child to any other designated treatment facility, such file

 7  shall be transferred in an envelope marked confidential. The

 8  results of any test designed to identify the human

 9  immunodeficiency virus, or its antigen or antibody, shall be

10  accessible only to persons designated by rule of the

11  department. The provisions of such rule shall be consistent

12  with the guidelines established by the Centers for Disease

13  Control and Prevention.

14         Section 27.  Paragraph (d) of subsection (6) of section

15  212.095, Florida Statutes, is repealed.

16         Section 28.  Subsection (9) of section 238.03, Florida

17  Statutes, is repealed.

18         Section 29.  Paragraph (f) of subsection (1) of section

19  23.22, Florida Statutes, is amended to read:

20         23.22  Paperwork reduction; activities of

21  departments.--

22         (1)  In order to reduce the amount of paperwork

23  associated with the collection of information from

24  individuals, private-sector organizations, and local

25  governments and to provide more efficient and effective

26  assistance to such individuals and organizations in completing

27  necessary paperwork required by the government, each

28  department head shall, to the extent feasible:

29         (f)  Collaborate with the Division of Library and

30  Information Services, pursuant to s. 119.021(2) s. 119.09, to

31  identify and index records retention requirements placed on

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 1  private-sector organizations and local governments in Florida,

 2  clarify and reduce the requirements, and educate the affected

 3  entities through various communications media, including

 4  voice, data, video, radio, and image.

 5         Section 30.  Paragraph (d) of subsection (1) of section

 6  101.5607, Florida Statutes, is amended to read:

 7         101.5607  Department of State to maintain voting system

 8  information; prepare software.--

 9         (1)

10         (d)  Section 119.07(6)(o) 119.07(3)(o) applies to all

11  software on file with the Department of State.

12         Section 31.  Paragraph (b) of subsection (2) of section

13  112.533, Florida Statutes, is amended to read:

14         112.533  Receipt and processing of complaints.--

15         (2)

16         (b)  This subsection does not apply to any public

17  record which is exempt from public disclosure pursuant to s.

18  119.07(6) s. 119.07(3). For the purposes of this subsection,

19  an investigation shall be considered active as long as it is

20  continuing with a reasonable, good faith anticipation that an

21  administrative finding will be made in the foreseeable future.

22  An investigation shall be presumed to be inactive if no

23  finding is made within 45 days after the complaint is filed.

24         Section 32.  Paragraph (e) of subsection (2) of section

25  1012.31, Florida Statutes, is amended to read:

26         1012.31  Personnel files.--Public school system

27  employee personnel files shall be maintained according to the

28  following provisions:

29         (2)

30         (e)  Upon request, an employee, or any person

31  designated in writing by the employee, shall be permitted to

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 1  examine the personnel file of such employee.  The employee

 2  shall be permitted conveniently to reproduce any materials in

 3  the file, at a cost no greater than the fees prescribed in s.

 4  119.07(4) s. 119.07(1).

 5         Section 33.  Subsection (1) of section 257.34, Florida

 6  Statutes, is amended to read:

 7         257.34  Florida International Archive and Repository.--

 8         (1)  There is created within the Division of Library

 9  and Information Services of the Department of State the

10  Florida International Archive and Repository for the

11  preservation of those public records, as defined in s.

12  119.011(11) s. 119.011(1), manuscripts, international

13  judgments involving disputes between domestic and foreign

14  businesses, and all other public matters that the department

15  or the Florida Council of International Development deems

16  relevant to international issues. It is the duty and

17  responsibility of the division to:

18         (a)  Organize and administer the Florida International

19  Archive and Repository.

20         (b)  Preserve and administer records that are

21  transferred to its custody; accept, arrange, and preserve

22  them, according to approved archival and repository practices;

23  and permit them, at reasonable times and under the supervision

24  of the division, to be inspected, examined, and copied. All

25  public records transferred to the custody of the division are

26  subject to the provisions of s. 119.07(1).

27         (c)  Assist the records and information management

28  program in the determination of retention values for records.

29         (d)  Cooperate with and assist, insofar as practicable,

30  state institutions, departments, agencies, counties,

31  

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 1  municipalities, and individuals engaged in internationally

 2  related activities.

 3         (e)  Provide a public research room where, under rules

 4  established by the division, the materials in the

 5  international archive and repository may be studied.

 6         (f)  Conduct, promote, and encourage research in

 7  international trade, government, and culture and maintain a

 8  program of information, assistance, coordination, and guidance

 9  for public officials, educational institutions, libraries, the

10  scholarly community, and the general public engaged in such

11  research.

12         (g)  Cooperate with and, insofar as practicable, assist

13  agencies, libraries, institutions, and individuals in projects

14  concerned with internationally related issues and preserve

15  original materials relating to internationally related issues.

16         (h)  Assist and cooperate with the records and

17  information management program in the training and information

18  program described in s. 257.36(1)(g).

19         Section 34.  Subsection (1) of section 257.35, Florida

20  Statutes, is amended to read:

21         257.35  Florida State Archives.--

22         (1)  There is created within the Division of Library

23  and Information Services of the Department of State the

24  Florida State Archives for the preservation of those public

25  records, as defined in s. 119.011(11) s. 119.011(1),

26  manuscripts, and other archival material that have been

27  determined by the division to have sufficient historical or

28  other value to warrant their continued preservation and have

29  been accepted by the division for deposit in its custody. It

30  is the duty and responsibility of the division to:

31  

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 1         (a)  Organize and administer the Florida State

 2  Archives.

 3         (b)  Preserve and administer such records as shall be

 4  transferred to its custody; accept, arrange, and preserve

 5  them, according to approved archival practices; and permit

 6  them, at reasonable times and under the supervision of the

 7  division, to be inspected, examined, and copied.  All public

 8  records transferred to the custody of the division shall be

 9  subject to the provisions of s. 119.07(1), except that any

10  public record or other record provided by law to be

11  confidential or prohibited from inspection by the public shall

12  be made accessible only after a period of 50 years from the

13  date of the creation of the record.  Any nonpublic manuscript

14  or other archival material which is placed in the keeping of

15  the division under special terms and conditions, shall be made

16  accessible only in accordance with such law terms and

17  conditions and shall be exempt from the provisions of s.

18  119.07(1) to the extent necessary to meet the terms and

19  conditions for a nonpublic manuscript or other archival

20  material.

21         (c)  Assist the records and information management

22  program in the determination of retention values for records.

23         (d)  Cooperate with and assist insofar as practicable

24  state institutions, departments, agencies, counties,

25  municipalities, and individuals engaged in activities in the

26  field of state archives, manuscripts, and history and accept

27  from any person any paper, book, record, or similar material

28  which in the judgment of the division warrants preservation in

29  the state archives.

30  

31  

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 1         (e)  Provide a public research room where, under rules

 2  established by the division, the materials in the state

 3  archives may be studied.

 4         (f)  Conduct, promote, and encourage research in

 5  Florida history, government, and culture and maintain a

 6  program of information, assistance, coordination, and guidance

 7  for public officials, educational institutions, libraries, the

 8  scholarly community, and the general public engaged in such

 9  research.

10         (g)  Cooperate with and, insofar as practicable, assist

11  agencies, libraries, institutions, and individuals in projects

12  designed to preserve original source materials relating to

13  Florida history, government, and culture and prepare and

14  publish handbooks, guides, indexes, and other literature

15  directed toward encouraging the preservation and use of the

16  state's documentary resources.

17         (h)  Encourage and initiate efforts to preserve,

18  collect, process, transcribe, index, and research the oral

19  history of Florida government.

20         (i)  Assist and cooperate with the records and

21  information management program in the training and information

22  program described in s. 257.36(1)(g).

23         Section 35.  Section 282.21, Florida Statutes, is

24  amended to read:

25         282.21  The State Technology Office's electronic access

26  services.--The State Technology Office may collect fees for

27  providing remote electronic access pursuant to s. 119.01(2)(f)

28  s. 119.085. The fees may be imposed on individual transactions

29  or as a fixed subscription for a designated period of time.

30  All fees collected under this section shall be deposited in

31  

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 1  the appropriate trust fund of the program or activity that

 2  made the remote electronic access available.

 3         Section 36.  Paragraph (h) of subsection (2) of section

 4  287.0943, Florida Statutes, is amended to read:

 5         287.0943  Certification of minority business

 6  enterprises.--

 7         (2)

 8         (h)  The certification procedures should allow an

 9  applicant seeking certification to designate on the

10  application form the information the applicant considers to be

11  proprietary, confidential business information. As used in

12  this paragraph, "proprietary, confidential business

13  information" includes, but is not limited to, any information

14  that would be exempt from public inspection pursuant to the

15  provisions of s. 119.07(6) s. 119.07(3); trade secrets;

16  internal auditing controls and reports; contract costs; or

17  other information the disclosure of which would injure the

18  affected party in the marketplace or otherwise violate s.

19  286.041. The executor in receipt of the application shall

20  issue written and final notice of any information for which

21  noninspection is requested but not provided for by law.

22         Section 37.  Subsection (1) of section 320.05, Florida

23  Statutes, is amended to read:

24         320.05  Records of the department; inspection

25  procedure; lists and searches; fees.--

26         (1)  Except as provided in ss. 119.07(6) 119.07(3) and

27  320.025(3), the department may release records as provided in

28  this section.

29         Section 38.  Subsection (8) of section 322.20, Florida

30  Statutes, is amended to read:

31  

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 1         322.20  Records of the department; fees; destruction of

 2  records.--

 3         (8)  Except as provided in s. 119.07(6) s. 119.07(3),

 4  the department may release records as provided in this

 5  section.

 6         Section 39.  Paragraph (b) of subsection (2) of section

 7  338.223, Florida Statutes, is amended to read:

 8         338.223  Proposed turnpike projects.--

 9         (2)

10         (b)  In accordance with the legislative intent

11  expressed in s. 337.273, and after the requirements of

12  paragraph (1)(c) have been met, the department may acquire

13  lands and property before making a final determination of the

14  economic feasibility of a project. The requirements of

15  paragraph (1)(c) do not apply to hardship and protective

16  purchases of advance right-of-way by the department. The cost

17  of advance acquisition of right-of-way may be paid from bonds

18  issued under s. 337.276 or from turnpike revenues. For

19  purposes of this paragraph, the term "hardship purchase" means

20  purchase from a property owner of a residential dwelling of

21  not more than four units who is at a disadvantage due to

22  health impairment, job loss, or significant loss of rental

23  income. For purposes of this paragraph, the term "protective

24  purchase" means that a purchase to limit development,

25  building, or other intensification of land uses within the

26  area right-of-way is needed for transportation facilities. The

27  department shall give written notice to the Department of

28  Environmental Protection 30 days before final agency

29  acceptance as set forth in s. 119.07(6)(n) s. 119.07(3)(n),

30  which notice shall allow the Department of Environmental

31  Protection to comment. Hardship and protective purchases of

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 1  right-of-way shall not influence the environmental feasibility

 2  of a project, including the decision relative to the need to

 3  construct the project or the selection of a specific location.

 4  Costs to acquire and dispose of property acquired as hardship

 5  and protective purchases are considered costs of doing

 6  business for the department and are not to be considered in

 7  the determination of environmental feasibility for the

 8  project.

 9         Section 40.  Paragraph (a) of subsection (1) of section

10  378.406, Florida Statutes, is amended to read:

11         378.406  Confidentiality of records; availability of

12  information.--

13         (1)(a)  Any information relating to prospecting, rock

14  grades, or secret processes or methods of operation which may

15  be required, ascertained, or discovered by inspection or

16  investigation shall be exempt from the provisions of s.

17  119.07(1), shall not be disclosed in public hearings, and

18  shall be kept confidential by any member, officer, or employee

19  of the department, if the applicant requests the department to

20  keep such information confidential and informs the department

21  of the basis for such confidentiality. Should the secretary

22  determine that such information requested to be kept

23  confidential shall not be kept confidential, the secretary

24  shall provide the operator with not less than 30 days' notice

25  of his or her intent to release the information. When making

26  his or her determination, the secretary shall consider the

27  public purposes specified in s. 119.15(4)(b) s. 119.14(4)(b).

28         Section 41.  Paragraph (c) of subsection (1) of section

29  400.0077, Florida Statutes, is amended to read:

30         400.0077  Confidentiality.--

31  

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 1         (1)  The following are confidential and exempt from the

 2  provisions of s. 119.07(1):

 3         (c)  Any other information about a complaint, including

 4  any problem identified by an ombudsman council as a result of

 5  an investigation, unless an ombudsman council determines that

 6  the information does not meet any of the criteria specified in

 7  s. 119.15(4)(b) s. 119.14(4)(b); or unless the information is

 8  to collect data for submission to those entities specified in

 9  s. 712(c) of the federal Older Americans Act for the purpose

10  of identifying and resolving significant problems.

11         Section 42.  Subsection (5) of section 401.27, Florida

12  Statutes, is amended to read:

13         401.27  Personnel; standards and certification.--

14         (5)  The certification examination must be offered

15  monthly.  The department shall issue an examination admission

16  notice to the applicant advising him or her of the time and

17  place of the examination for which he or she is scheduled.

18  Individuals achieving a passing score on the certification

19  examination may be issued a temporary certificate with their

20  examination grade report.  The department must issue an

21  original certification within 45 days after the examination.

22  Examination questions and answers are not subject to discovery

23  but may be introduced into evidence and considered only in

24  camera in any administrative proceeding under chapter 120. If

25  an administrative hearing is held, the department shall

26  provide challenged examination questions and answers to the

27  administrative law judge. The department shall establish by

28  rule the procedure by which an applicant, and the applicant's

29  attorney, may review examination questions and answers in

30  accordance with s. 119.07(6)(a) s. 119.07(3)(a).

31  

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 1         Section 43.  Subsection (1) of section 403.111, Florida

 2  Statutes, is amended to read:

 3         403.111  Confidential records.--

 4         (1)  Any information, other than effluent data and

 5  those records described in 42 U.S.C. s. 7661a(b)(8), relating

 6  to secret processes or secret methods of manufacture or

 7  production, or relating to costs of production, profits, or

 8  other financial information which is otherwise not public

 9  record, which may be required, ascertained, or discovered by

10  inspection or investigation shall be exempt from the

11  provisions of s. 119.07(1), shall not be disclosed in public

12  hearings, and shall be kept confidential by any member,

13  officer, or employee of the department, upon a showing

14  satisfactory to the department that the information should be

15  kept confidential.  The person from whom the information is

16  obtained must request that the department keep such

17  information confidential and must inform the department of the

18  basis for the claim of confidentiality.  The department shall,

19  subject to notice and opportunity for hearing, determine

20  whether the information requested to be kept confidential

21  should or should not be kept confidential.  The department

22  shall determine whether the information submitted should be

23  kept confidential pursuant to the public purpose test as

24  stated in s. 119.15(4)(b)3 s. 119.14(4)(b)3.

25         Section 44.  Section 409.2577, Florida Statutes, is

26  amended to read:

27         409.2577  Parent locator service.--The department shall

28  establish a parent locator service to assist in locating

29  parents who have deserted their children and other persons

30  liable for support of dependent children.  The department

31  shall use all sources of information available, including the

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 1  Federal Parent Locator Service, and may request and shall

 2  receive information from the records of any person or the

 3  state or any of its political subdivisions or any officer

 4  thereof. Any agency as defined in s. 120.52, any political

 5  subdivision, and any other person shall, upon request, provide

 6  the department any information relating to location, salary,

 7  insurance, social security, income tax, and employment history

 8  necessary to locate parents who owe or potentially owe a duty

 9  of support pursuant to Title IV-D of the Social Security Act.

10  This provision shall expressly take precedence over any other

11  statutory nondisclosure provision which limits the ability of

12  an agency to disclose such information, except that law

13  enforcement information as provided in s. 119.07(6)(i) s.

14  119.07(3)(i) is not required to be disclosed, and except that

15  confidential taxpayer information possessed by the Department

16  of Revenue shall be disclosed only to the extent authorized in

17  s. 213.053(15).  Nothing in this section requires the

18  disclosure of information if such disclosure is prohibited by

19  federal law. Information gathered or used by the parent

20  locator service is confidential and exempt from the provisions

21  of s. 119.07(1). Additionally, the department is authorized to

22  collect any additional information directly bearing on the

23  identity and whereabouts of a person owing or asserted to be

24  owing an obligation of support for a dependent child. The

25  department shall, upon request, make information available

26  only to public officials and agencies of this state; political

27  subdivisions of this state, including any agency thereof

28  providing child support enforcement services to non-Title IV-D

29  clients; the custodial parent, legal guardian, attorney, or

30  agent of the child; and other states seeking to locate parents

31  who have deserted their children and other persons liable for

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 1  support of dependents, for the sole purpose of establishing,

 2  modifying, or enforcing their liability for support, and shall

 3  make such information available to the Department of Children

 4  and Family Services for the purpose of diligent search

 5  activities pursuant to chapter 39. If the department has

 6  reasonable evidence of domestic violence or child abuse and

 7  the disclosure of information could be harmful to the

 8  custodial parent or the child of such parent, the child

 9  support program director or designee shall notify the

10  Department of Children and Family Services and the Secretary

11  of the United States Department of Health and Human Services

12  of this evidence. Such evidence is sufficient grounds for the

13  department to disapprove an application for location services.

14         Section 45.  Subsection (6) of section 455.219, Florida

15  Statutes, is amended to read:

16         455.219  Fees; receipts; disposition; periodic

17  management reports.--

18         (6)  The department or the appropriate board shall

19  charge a fee not to exceed $25 for the certification of a

20  public record.  The fee shall be determined by rule of the

21  department. The department or the appropriate board shall

22  assess a fee for duplication of a public record as provided in

23  s. 119.07(4) s. 119.07(1)(a) and (b).

24         Section 46.  Subsection (11) of section 456.025,

25  Florida Statutes, is amended to read:

26         456.025  Fees; receipts; disposition.--

27         (11)  The department or the appropriate board shall

28  charge a fee not to exceed $25 for the certification of a

29  public record. The fee shall be determined by rule of the

30  department. The department or the appropriate board shall

31  

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 1  assess a fee for duplicating a public record as provided in s.

 2  119.07(4) s. 119.07(1)(a) and (b).

 3         Section 47.  Paragraph (b) of subsection (4) of section

 4  627.311, Florida Statutes, is amended to read:

 5         627.311  Joint underwriters and joint reinsurers;

 6  public records and public meetings exemptions.--

 7         (4)  The Florida Automobile Joint Underwriting

 8  Association:

 9         (b)  Shall keep portions of association meetings during

10  which confidential and exempt underwriting files or

11  confidential and exempt claims files are discussed exempt from

12  the provisions of s. 286.011 and s. 24(b), Art. I of the State

13  Constitution. All closed portions of association meetings

14  shall be recorded by a court reporter. The court reporter

15  shall record the times of commencement and termination of the

16  meeting, all discussion and proceedings, the names of all

17  persons present at any time, and the names of all persons

18  speaking. No portion of any closed meeting shall be off the

19  record. Subject to the provisions of this paragraph and s.

20  119.07(1)(b)-(d) s. 119.07(2)(a), the court reporter's notes

21  of any closed meeting shall be retained by the association for

22  a minimum of 5 years. A copy of the transcript, less any

23  confidential and exempt information, of any closed meeting

24  during which confidential and exempt claims files are

25  discussed shall become public as to individual claims files

26  after settlement of that claim.

27         Section 48.  Paragraph (n) of subsection (6) of section

28  627.351, Florida Statutes, is amended to read:

29         627.351  Insurance risk apportionment plans.--

30         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

31  

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 1         (n)1.  The following records of the corporation are

 2  confidential and exempt from the provisions of s. 119.07(1)

 3  and s. 24(a), Art. I of the State Constitution:

 4         a.  Underwriting files, except that a policyholder or

 5  an applicant shall have access to his or her own underwriting

 6  files.

 7         b.  Claims files, until termination of all litigation

 8  and settlement of all claims arising out of the same incident,

 9  although portions of the claims files may remain exempt, as

10  otherwise provided by law. Confidential and exempt claims file

11  records may be released to other governmental agencies upon

12  written request and demonstration of need; such records held

13  by the receiving agency remain confidential and exempt as

14  provided for herein.

15         c.  Records obtained or generated by an internal

16  auditor pursuant to a routine audit, until the audit is

17  completed, or if the audit is conducted as part of an

18  investigation, until the investigation is closed or ceases to

19  be active.  An investigation is considered "active" while the

20  investigation is being conducted with a reasonable, good faith

21  belief that it could lead to the filing of administrative,

22  civil, or criminal proceedings.

23         d.  Matters reasonably encompassed in privileged

24  attorney-client communications.

25         e.  Proprietary information licensed to the corporation

26  under contract and the contract provides for the

27  confidentiality of such proprietary information.

28         f.  All information relating to the medical condition

29  or medical status of a corporation employee which is not

30  relevant to the employee's capacity to perform his or her

31  duties, except as otherwise provided in this paragraph.

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 1  Information which is exempt shall include, but is not limited

 2  to, information relating to workers' compensation, insurance

 3  benefits, and retirement or disability benefits.

 4         g.  Upon an employee's entrance into the employee

 5  assistance program, a program to assist any employee who has a

 6  behavioral or medical disorder, substance abuse problem, or

 7  emotional difficulty which affects the employee's job

 8  performance, all records relative to that participation shall

 9  be confidential and exempt from the provisions of s. 119.07(1)

10  and s. 24(a), Art. I of the State Constitution, except as

11  otherwise provided in s. 112.0455(11).

12         h.  Information relating to negotiations for financing,

13  reinsurance, depopulation, or contractual services, until the

14  conclusion of the negotiations.

15         i.  Minutes of closed meetings regarding underwriting

16  files, and minutes of closed meetings regarding an open claims

17  file until termination of all litigation and settlement of all

18  claims with regard to that claim, except that information

19  otherwise confidential or exempt by law will be redacted.

20  

21  When an authorized insurer is considering underwriting a risk

22  insured by the corporation, relevant underwriting files and

23  confidential claims files may be released to the insurer

24  provided the insurer agrees in writing, notarized and under

25  oath, to maintain the confidentiality of such files.  When a

26  file is transferred to an insurer that file is no longer a

27  public record because it is not held by an agency subject to

28  the provisions of the public records law. Underwriting files

29  and confidential claims files may also be released to staff of

30  and the board of governors of the market assistance plan

31  established pursuant to s. 627.3515, who must retain the

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 1  confidentiality of such files, except such files may be

 2  released to authorized insurers that are considering assuming

 3  the risks to which the files apply, provided the insurer

 4  agrees in writing, notarized and under oath, to maintain the

 5  confidentiality of such files.  Finally, the corporation or

 6  the board or staff of the market assistance plan may make the

 7  following information obtained from underwriting files and

 8  confidential claims files available to licensed general lines

 9  insurance agents: name, address, and telephone number of the

10  residential property owner or insured; location of the risk;

11  rating information; loss history; and policy type.  The

12  receiving licensed general lines insurance agent must retain

13  the confidentiality of the information received.

14         2.  Portions of meetings of the corporation are exempt

15  from the provisions of s. 286.011 and s. 24(b), Art. I of the

16  State Constitution wherein confidential underwriting files or

17  confidential open claims files are discussed.  All portions of

18  corporation meetings which are closed to the public shall be

19  recorded by a court reporter. The court reporter shall record

20  the times of commencement and termination of the meeting, all

21  discussion and proceedings, the names of all persons present

22  at any time, and the names of all persons speaking.  No

23  portion of any closed meeting shall be off the record.

24  Subject to the provisions hereof and s. 119.07(1)(b)-(d) s.

25  119.07(2)(a), the court reporter's notes of any closed meeting

26  shall be retained by the corporation for a minimum of 5 years.

27  A copy of the transcript, less any exempt matters, of any

28  closed meeting wherein claims are discussed shall become

29  public as to individual claims after settlement of the claim.

30         Section 49.  Subsection (1) of section 633.527, Florida

31  Statutes, is amended to read:

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 1         633.527  Records concerning applicant; extent of

 2  confidentiality.--

 3         (1)  Test material is made confidential by s.

 4  119.07(6)(a) s. 119.07(3)(a). An applicant may waive in

 5  writing the confidentiality of his or her examination answer

 6  sheet for the purpose of discussion with the State Fire

 7  Marshal or his or her staff.

 8         Section 50.  Paragraph (m) of subsection (2) of section

 9  668.50, Florida Statutes, is amended to read:

10         668.50  Uniform Electronic Transaction Act.--

11         (2)  DEFINITIONS.--As used in this section:

12         (m)  "Record" means information that is inscribed on a

13  tangible medium or that is stored in an electronic or other

14  medium and is retrievable in perceivable form, including

15  public records as defined in s. 119.011 s. 119.011(1).

16         Section 51.  Subsection (1) of section 794.024, Florida

17  Statutes, is amended to read:

18         794.024  Unlawful to disclose identifying

19  information.--

20         (1)  A public employee or officer who has access to the

21  photograph, name, or address of a person who is alleged to be

22  the victim of an offense described in this chapter, chapter

23  800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and

24  knowingly disclose it to a person who is not assisting in the

25  investigation or prosecution of the alleged offense or to any

26  person other than the defendant, the defendant's attorney, a

27  person specified in an order entered by the court having

28  jurisdiction of the alleged offense, or organizations

29  authorized to receive such information made exempt by s.

30  119.07(6)(f) s. 119.07(3)(f), or to a rape crisis center or

31  

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 1  sexual assault counselor, as defined in s. 90.5035(1)(b), who

 2  will be offering services to the victim.

 3         Section 52.  For the purpose of incorporating the

 4  amendments to section 945.25, Florida Statutes, in a reference

 5  thereto, paragraph (a) of subsection (2) of section 947.13,

 6  Florida Statutes, is reenacted to read:

 7         947.13  Powers and duties of commission.--

 8         (2)(a)  The commission shall immediately examine

 9  records of the department under s. 945.25, and any other

10  records which it obtains, and may make such other

11  investigations as may be necessary.

12         Section 53.  Section 430.015, Florida Statutes, is

13  repealed.

14         Section 54.  Section 440.132, Florida Statutes, is

15  amended to read:

16         440.132  Investigatory records relating to workers'

17  compensation managed care arrangements; confidentiality.--

18         (1)  All investigatory records of the Agency for Health

19  Care Administration made or received pursuant to s. 440.134

20  and any examination records necessary to complete an

21  investigation are confidential and exempt from the provisions

22  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

23  until the investigation is completed or ceases to be active,

24  except that portions of medical records which specifically

25  identify patients must remain confidential and exempt. An

26  investigation is considered "active" while such investigation

27  is being conducted by the agency with a reasonable, good faith

28  belief that it may lead to the filing of administrative,

29  civil, or criminal proceedings. An investigation does not

30  cease to be active if the agency is proceeding with reasonable

31  dispatch and there is good faith belief that action may be

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 1  initiated by the agency or other administrative or law

 2  enforcement agency.

 3         (2)  The Legislature finds that it is a public

 4  necessity that these investigatory and examination records be

 5  held confidential and exempt during an investigation in order

 6  not to compromise the investigation and disseminate

 7  potentially inaccurate information. To the extent this

 8  information is made available to the public, those persons

 9  being investigated will have access to such information which

10  would potentially defeat the purpose of the investigation.

11  This would impede the effective and efficient operation of

12  investigatory governmental functions.

13         Section 55.  Sections 723.0065 and 768.301, Florida

14  Statutes, are repealed.

15         Section 56.  Paragraph (a) of subsection (7) of section

16  943.031, Florida Statutes, is amended to read:

17         943.031  Florida Violent Crime and Drug Control

18  Council.--The Legislature finds that there is a need to

19  develop and implement a statewide strategy to address violent

20  criminal activity and drug control efforts by state and local

21  law enforcement agencies, including investigations of illicit

22  money laundering. In recognition of this need, the Florida

23  Violent Crime and Drug Control Council is created within the

24  department. The council shall serve in an advisory capacity to

25  the department.

26         (7)  CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL

27  MEETINGS AND RECORDS.--

28         (a)1.  The Legislature finds that during limited

29  portions of the meetings of the Florida Violent Crime and Drug

30  Control Council it is necessary that the council be presented

31  with and discuss details, information, and documents related

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 1  to active criminal investigations or matters constituting

 2  active criminal intelligence, as those concepts are defined by

 3  s. 119.011. These presentations and discussions are necessary

 4  for the council to make its funding decisions as required by

 5  the Legislature. The Legislature finds that to reveal the

 6  contents of documents containing active criminal investigative

 7  or intelligence information or to allow active criminal

 8  investigative or active criminal intelligence matters to be

 9  discussed in a meeting open to the public negatively impacts

10  the ability of law enforcement agencies to efficiently

11  continue their investigative or intelligence gathering

12  activities. The Legislature finds that information coming

13  before the council that pertains to active criminal

14  investigations or intelligence should remain confidential and

15  exempt from public disclosure. The Legislature finds that the

16  Florida Violent Crime and Drug Control Council may, by

17  declaring only those portions of council meetings in which

18  active criminal investigative or active criminal intelligence

19  information is to be presented or discussed closed to the

20  public, assure an appropriate balance between the policy of

21  this state that meetings be public and the policy of this

22  state to facilitate efficient law enforcement efforts.

23         2.  The Legislature finds that it is a public necessity

24  that portions of the meetings of the Florida Violent Crime and

25  Drug Control Council be closed when the confidential details,

26  information, and documents related to active criminal

27  investigations or matters constituting active criminal

28  intelligence are discussed. The Legislature further finds that

29  it is no less a public necessity that portions of public

30  records generated at closed council meetings, such as tape

31  recordings, minutes, and notes, memorializing the discussions

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 1  regarding such confidential details, information, and

 2  documents related to active criminal investigations or matters

 3  constituting active criminal intelligence, also shall be held

 4  confidential.

 5         Section 57.  This act shall take effect October 1,

 6  2004.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Revises various provisions governing public records.
      Provides a procedure by which a person or organization
11    may petition the court for the release of records
      relating to investigations of alleged abuse, abandonment,
12    or neglect of a child or investigations of alleged abuse,
      neglect, or exploitation of a vulnerable adult. Provides
13    requirements for state agencies in designing or acquiring
      electronic recordkeeping systems. Provides for the
14    release of electronic records. Requires governmental
      agencies to maintain and preserve certain records.
15    Specified duties of the Division of Library and
      Information Services of the Department of State. Revises
16    provisions governing the inspection and copying of public
      records. Revises requirements with respect to the
17    publication of the Florida Administrative Code. Revises
      the classification of records retained by various state
18    agencies. Revises the period that certain records must be
      maintained. Requires that certain electronic records be
19    considered as original records. (See bill for details.)

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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