Senate Bill sb1678er

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    2004 Legislature                 CS for SB 1678, 1st Engrossed



  1                                 

  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;

22         correcting cross-references; repealing ss.

23         119.0115, 119.012, and 119.02, F.S., relating

24         to specified exemption for certain videotapes

25         and video signals, records made public by the

26         use of public funds, and penalties for

27         violation of public records requirements by a

28         public officer; amending s. 119.021, F.S.;

29         providing requirements for governmental

30         agencies in maintaining and preserving public

31         records; requiring the Division of Library and


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 1         Information Services of the Department of State

 2         to adopt rules for retaining and disposing of

 3         public records; authorizing the division to

 4         provide for archiving certain noncurrent

 5         records; providing for the destruction of

 6         certain records and the continued maintenance

 7         of certain records; providing for the

 8         disposition of records at the end of an

 9         official's term of office; requiring that a

10         custodian of public records demand delivery of

11         records held unlawfully; repealing ss. 119.031,

12         119.041, 119.05, and 119.06, F.S., relating to

13         the retention, disposal, and disposition of

14         public records and the delivery of records held

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

16         provisions governing the inspection and copying

17         of public records; establishing fees for

18         copying; providing requirements for making

19         photographs; authorizing additional means of

20         inspecting or copying public records; providing

21         requirements for making photographs of public

22         records; relocating an exemption from public

23         records requirements for any videotape or video

24         signal that, under an agreement with an agency

25         is produced, made, or received by or in the

26         custody of a federally licensed radio or

27         television station or its agents; repealing s.

28         119.08, F.S., relating to requirements for

29         making photographs of public records; amending

30         s. 119.084, F.S.; deleting certain provisions

31         governing the maintenance of public records in


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 1         an electronic recordkeeping system; repealing

 2         ss. 119.085 and 119.09, F.S., relating to

 3         remote electronic access to public records and

 4         the program for records and information

 5         management of the Department of State; amending

 6         s. 119.10, F.S.; clarifying provisions with

 7         respect to penalties for violations of ch. 119,

 8         F.S.; amending s. 119.105, F.S.; clarifying

 9         provisions under which certain police reports

10         may be exempt from the public records law;

11         amending s. 119.12, F.S.; conforming

12         provisions; amending s. 120.55, F.S.; revising

13         provisions with respect to publication of the

14         Florida Administrative Code to provide that the

15         Department of State is required to compile and

16         publish the code through a continuous revision

17         system; amending s. 257.36, F.S.; providing

18         procedures with respect to the official custody

19         of records upon the transfer of duties or

20         responsibilities between state agencies or the

21         dissolution of a state agency; amending s.

22         328.15, F.S.; revising the classification of

23         records of notices and satisfaction of liens on

24         vessels maintained by the Department of Highway

25         Safety and Motor Vehicles; amending s.

26         372.5717, F.S.; revising the classification of

27         records of hunter safety certification cards

28         maintained by the Fish and Wildlife

29         Conservation Commission; creating s. 415.1071,

30         F.S.; authorizing a petition for an order

31         making public certain investigatory records of


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 1         the Department of Children and Family Services;

 2         amending s. 560.121, F.S.; decreasing and

 3         qualifying the period of retention for

 4         examination reports, investigatory records,

 5         applications, application records, and related

 6         information compiled by the Office of Financial

 7         Regulation of the Financial Services Commission

 8         under the Money Transmitters' Code; amending s.

 9         560.123, F.S.; decreasing the period of

10         retention for specified reports filed by money

11         transmitters with the Department of Banking and

12         Finance under the Money Transmitters' Code;

13         amending s. 560.129, F.S.; decreasing and

14         qualifying the period of retention for

15         examination reports, investigatory records,

16         applications, application records, and related

17         information compiled by the Office of Financial

18         Regulation of the Financial Services Commission

19         under the Money Transmitters' Code; amending s.

20         624.311, F.S.; authorizing the Department of

21         Financial Services, the Financial Services

22         Commission, and the Office of Insurance

23         Regulation of the Financial Services Commission

24         to maintain an electronic recordkeeping system

25         for specified records, statements, reports, and

26         documents; eliminating a standard for the

27         reproduction of such records, statements,

28         reports, and documents; amending s. 624.312,

29         F.S.; providing that reproductions from an

30         electronic recordkeeping system of specified

31         documents and records of the Department of


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 1         Financial Services, the Financial Services

 2         Commission, and the Office of Insurance

 3         Regulation of the Financial Services Commission

 4         shall be treated as originals for the purpose

 5         of their admissibility in evidence; amending s.

 6         633.527, F.S.; decreasing the period of

 7         retention for specified examination test

 8         questions, answer sheets, and grades in the

 9         possession of the Division of State Fire

10         Marshal of the Department of Financial

11         Services; amending s. 655.50, F.S.; revising

12         requirements of the Office of Financial

13         Regulation with respect to retention of copies

14         of specified reports and records of exemption

15         submitted or filed by financial institutions

16         under the Florida Control of Money Laundering

17         in Financial Institutions Act; amending s.

18         945.25, F.S.; requiring the Department of

19         Corrections to obtain and place in its records

20         specified information on every person who may

21         be sentenced to supervision or incarceration

22         under the jurisdiction of the department;

23         eliminating a requirement of the department, in

24         its discretion, to obtain and place in its

25         permanent records specified information on

26         persons placed on probation and on persons who

27         may become subject to pardon and commutation of

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

29         the classification of specified medical files

30         of serious or habitual juvenile offenders;

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


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 1         requires the Department of Revenue to keep a

 2         permanent record of the amounts of certain

 3         refunds claimed and paid under ch. 212, F.S.,

 4         and which requires that such records shall be

 5         open to public inspection; repealing s.

 6         238.03(9), F.S., relating to the authority of

 7         the Department of Management Services to

 8         photograph and reduce to microfilm as a

 9         permanent record its ledger sheets showing the

10         salaries and contributions of members of the

11         Teachers' Retirement System of Florida, the

12         records of deceased members of the system, and

13         the authority to destroy the documents from

14         which such films derive; amending ss. 23.22,

15         27.02, 101.5607, 112.533, 1012.31, 257.34,

16         257.35, 282.21, 287.0943, 320.05, 322.20,

17         338.223, 401.27, 409.2577, 455.219, 456.025,

18         627.311, 627.351, 633.527, 668.50, 794.024, and

19         921.0022, F.S.; conforming cross-references;

20         reenacting s. 947.13(2)(a), F.S., relating to

21         the duty of the Parole Commission to examine

22         specified records, to incorporate the amendment

23         to s. 945.25, F.S., in a reference thereto;

24         repealing s. 430.015, F.S.; removing a public

25         necessity statement for a public records

26         exemption for identifying information contained

27         in records of elderly persons collected and

28         held by the Department of Elderly Affairs;

29         amending s. 440.132, F.S.; removing a public

30         necessity statement for a public records

31         exemption for investigatory records of the


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 1         Agency for Health Care Administration made or

 2         received pursuant to a workers' compensation

 3         managed care arrangement and examination

 4         records necessary to complete an investigation;

 5         repealing s. 723.0065, F.S.; removing a public

 6         necessity statement for a public records

 7         exemption for specified financial records of

 8         mobile home park owners acquired by the

 9         Division of Florida Land Sales, Condominiums,

10         and Mobile Homes of the Department of Business

11         and Professional Regulation, and the Bureau of

12         Mobile Homes of the division; repealing s.

13         768.301, F.S.; removing a public necessity

14         statement for a public records exemption for

15         certain claims files records and minutes of

16         meetings and proceedings relating to risk

17         management programs entered into by the state

18         and its agencies and subdivisions, and a public

19         meetings exemption for proceedings and meetings

20         regarding claims filed; amending s. 943.031,

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

22         a public records and public meetings exemption

23         for specified portions of meetings of the

24         Florida Violent Crime and Drug Control Council,

25         specified portions of public records generated

26         at closed council meetings, and documents

27         related to active criminal investigations or

28         matters constituting active criminal

29         intelligence; providing an effective date.

30  

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


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 1         Section 1.  Section 39.2021, Florida Statutes, is

 2  created to read:

 3         39.2021  Release of confidential information.--

 4         (1)  Any person or organization, including the

 5  Department of Children and Family Services, may petition the

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

 7  of Children and Family Services which pertain to

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

 9  child. The court shall determine whether good cause exists for

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

11  making this determination, the court shall balance the best

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

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

14  privacy rights of other persons identified in the reports,

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

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

17  need for citizens to know of and adequately evaluate the

18  actions of the Department of Children and Family Services and

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

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

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

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

23  child.

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

25  child, the Department of Children and Family Services may

26  petition the court for an order for the immediate public

27  release of records of the department which pertain to the

28  protective investigation. The petition must be personally

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

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

31  abandonment, or neglect. The court must determine whether good


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

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

 3  holidays, after the date the department filed the petition

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

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

 6  release to the public summary information including:

 7         (a)  A confirmation that an investigation has been

 8  conducted concerning the alleged victim.

 9         (b)  The dates and brief description of procedural

10  activities undertaken during the department's investigation.

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

12  each participant's recommendations made at the judicial

13  proceeding, and the ruling of the court.

14  

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

16  other identifying information with respect to, any person

17  identified in any investigation. In making a determination to

18  release confidential information, the court shall balance the

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

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

21  together with the privacy rights of other persons identified

22  in the reports against the public interest for access to

23  public records. However, this subsection does not contravene

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

25  abuse, abandonment, or neglect of a child.

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

27  public access exists, the court shall direct that the

28  department redact the name of, and other identifying

29  information with respect to, any person identified in any

30  protective investigation report until such time as the court

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


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

 2  neglect.

 3         Section 2.  Section 119.01, Florida Statutes, is

 4  amended to read:

 5         119.01  General state policy on public records.--

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

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

 8  inspection by any person.

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

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

11  each agency by remote electronic means is an additional method

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

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

14  remote electronic means, then such access should be provided

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

16  the agency providing the information.

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

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

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

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

21  electronic recordkeeping, each agency must provide ensure

22  reasonable public access to records electronically maintained

23  and must ensure that exempt or confidential records are not

24  disclosed except as otherwise permitted by law.

25         (b)  When designing or acquiring an electronic

26  recordkeeping system, an agency must consider whether such

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

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

29  Information Interchange.

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

31  creation or maintenance of a public records database if that


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

 2  the public records of the agency, including public records

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

 4  system used by the agency.

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

 6  secret laws and public records exemptions, agency use of

 7  proprietary software must not diminish the right of the public

 8  to inspect and copy a public record.

 9         (e)  Providing access to public records by remote

10  electronic means is an additional method of access that

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

12  an agency provides access to public records by remote

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

14  cost-effective and efficient manner available to the agency

15  providing the information.

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

17  electronic recordkeeping system shall provide to any person,

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

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

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

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

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

23  chapter. For the purpose of satisfying a public records

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

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

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

27  routinely developed or maintained by the agency or that

28  requires a substantial amount of manipulation or programming,

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

30         (3)  If public funds are expended by an agency in

31  payment of dues or membership contributions for any person,


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 1  corporation, foundation, trust, association, group, or other

 2  organization, all the financial, business, and membership

 3  records of that person, corporation, foundation, trust,

 4  association, group, or other organization which pertain to the

 5  public agency are public records and subject to the provisions

 6  of s. 119.07.

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

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

 9  administrative, or archival value in accordance with retention

10  schedules established by the records and information

11  management program of the Division of Library and Information

12  Services of the Department of State.

13         Section 3.  Section 119.011, Florida Statutes, is

14  amended to read:

15         119.011  Definitions.--As used in For the purpose of

16  this chapter, the term:

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

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

19  does not include labor cost or overhead cost associated with

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

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

22  recordings, data processing software, or other material,

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

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

25  in connection with the transaction of official business by any

26  agency.

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

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

29  bureau, commission, or other separate unit of government

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

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


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

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

 3  business entity acting on behalf of any public agency.

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

 5  information with respect to an identifiable person or group of

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

 7  anticipate, prevent, or monitor possible criminal activity.

 8         (b)  "Criminal investigative information" means

 9  information with respect to an identifiable person or group of

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

11  conducting a criminal investigation of a specific act or

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

13  from laboratory tests, reports of investigators or informants,

14  or any type of surveillance.

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

16  investigative information" shall not include:

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

18  crime.

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

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

21  119.07(6)(f) s. 119.07(3)(f).

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

23  the arrest.

24         4.  The crime charged.

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

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

27  119.07(6)(f) s. 119.07(3)(f), and, except that the court in a

28  criminal case may order that certain information required by

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

30  maintained in a confidential manner and exempt from the

31  


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

 2  found that the release of such information would:

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

 4  witness or would jeopardize the safety of such victim or

 5  witness; and

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

 7  prosecute a codefendant.

 8         6.  Informations and indictments except as provided in

 9  s. 905.26.

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

11  meaning:

12         1.  Criminal intelligence information shall be

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

14  gathering conducted with a reasonable, good faith belief that

15  it will lead to detection of ongoing or reasonably anticipated

16  criminal activities.

17         2.  Criminal investigative information shall be

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

19  investigation which is continuing with a reasonable, good

20  faith anticipation of securing an arrest or prosecution in the

21  foreseeable future.

22  

23  In addition, criminal intelligence and criminal investigative

24  information shall be considered "active" while such

25  information is directly related to pending prosecutions or

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

27  cases which are barred from prosecution under the provisions

28  of s. 775.15 or other statute of limitation.

29         (4)  "Criminal justice agency" means:

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

31  The term also includes


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

 2  enforcement duties;, or

 3         (c)  Any agency having custody of criminal intelligence

 4  information or criminal investigative information for the

 5  purpose of assisting such law enforcement agencies in the

 6  conduct of active criminal investigation or prosecution or for

 7  the purpose of litigating civil actions under the Racketeer

 8  Influenced and Corrupt Organization Act, during the time that

 9  such agencies are in possession of criminal intelligence

10  information or criminal investigative information pursuant to

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

12  includes

13         (d)  The Department of Corrections.

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

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

16  responsibility of maintaining the office having public

17  records, or his or her designee.

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

19  routines used to employ and control the capabilities of data

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

21  systems, compilers, assemblers, utilities, library routines,

22  maintenance routines, applications, and computer networking

23  programs.

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

25  duplicating, as defined in s. 283.30.

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

27  provides that a specified record or meeting, or portion

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

29  119.07(1), s. 286.011, or s. 24, Art. I of the State

30  Constitution.

31  


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 1         (9)  "Information technology resources" means data

 2  processing hardware and software and services, communications,

 3  supplies, personnel, facility resources, maintenance, and

 4  training.

 5         (10)  "Proprietary software" means data processing

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

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

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

 9  recordings, data processing software, or other material,

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

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

12  in connection with the transaction of official business by any

13  agency.

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

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

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

17  record containing exempt or confidential information.

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

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

20  portions of data processing software, including the

21  specifications and documentation, which are used to:

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

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

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

25  management information of the agency, such as payroll and

26  accounting records; or

27         (c)  Control and direct access authorizations and

28  security measures for automated systems.

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

30  Florida Statutes, are repealed.

31  


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 1         Section 5.  Section 119.021, Florida Statutes, is

 2  amended to read:

 3         (Substantial rewording of section. See

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

 5         119.021  Custodial requirements; maintenance,

 6  preservation, and retention of public records.--

 7         (1)  Public records shall be maintained and preserved

 8  as follows:

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

10  in which they are ordinarily used.

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

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

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

14  fitted with noncombustible materials and in such arrangement

15  as to be easily accessible for convenient use.

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

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

18  difficult to read.

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

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

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

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

23  governing body of such municipality may authorize that such

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

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

26  repair, restore, or rebind them.

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

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

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

30  the force and effect of the original.

31  


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    ENROLLED

    2004 Legislature                 CS for SB 1678, 1st Engrossed



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

 2  Services of the Department of State shall adopt rules to

 3  establish retention schedules and a disposal process for

 4  public records.

 5         (b)  Each agency shall comply with the rules

 6  establishing retention schedules and disposal processes for

 7  public records which are adopted by the records and

 8  information management program of the division.

 9         (c)  Each public official shall systematically dispose

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

11  records and information management program of the division in

12  accordance with s. 257.36.

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

14  records and shall give advice and assistance to public

15  officials to solve problems related to the preservation,

16  creation, filing, and public accessibility of public records

17  in their custody. Public officials shall assist the division

18  by preparing an inclusive inventory of categories of public

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

20  period for the retention or disposal of each series of

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

22  the division shall, subject to the availability of necessary

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

24  space available in its records center for the filing of

25  semicurrent records so scheduled and in its archives for

26  noncurrent records of permanent value, and shall render such

27  other assistance as needed, including the microfilming of

28  records so scheduled.

29         (3)  Agency orders that comprise final agency action

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

31  continuing legal significance; therefore, notwithstanding any


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 1  other provision of this chapter or any provision of chapter

 2  257, each agency shall permanently maintain records of such

 3  orders pursuant to the applicable rules of the Department of

 4  State.

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

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

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

 8  information management program of the Division of Library and

 9  Information Services of the Department of State, all public

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

11  official business.

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

13  shall demand them from any person having illegal possession of

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

15  person unlawfully possessing public records must within 10

16  days deliver such records to the lawful custodian of public

17  records unless just cause exists for failing to deliver such

18  records.

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

20  119.06, Florida Statutes, are repealed.

21         Section 7.  Section 119.07, Florida Statutes, is

22  amended to read:

23         119.07  Inspection, examination, and copying

24  duplication of records; photographing public records; fees;

25  exemptions.--

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

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

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

29  reasonable conditions, and under supervision by the custodian

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

31  


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    ENROLLED

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

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

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

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

 5  produce the remainder of such record for inspection and

 6  copying.

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

 8  contends that all or part of the record is exempt from

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

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

11  including the statutory citation to an exemption created or

12  afforded by statute.

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

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

15  in writing and with particularity the reasons for the

16  conclusion that the record is exempt or confidential.

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

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

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

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

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

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

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

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

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

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

27  thereof in question to be immediately produced for inspection

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

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

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

31  subject to public inspection or copying under this subsection,


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    ENROLLED

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

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

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

 4  otherwise made to the custodian of public records by the

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

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

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

 8  custodian of public records may not dispose of the record

 9  except by order of a court of competent jurisdiction after

10  notice to all affected parties.

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

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

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

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

15  to public inspection and copying under this subsection and

16  does not otherwise excuse or exonerate the custodian of public

17  records from any unauthorized or unlawful disposition of such

18  record.

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

20  public records, a custodian of public records may provide

21  access to public records by remote electronic means, provided

22  exempt or confidential information is not disclosed.

23         (b)  The custodian of public records shall provide

24  safeguards to protect the contents of public records from

25  unauthorized remote electronic access or alteration and to

26  prevent the disclosure or modification of those portions of

27  public records which are exempt or confidential from

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

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

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

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


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    ENROLLED

    2004 Legislature                 CS for SB 1678, 1st Engrossed



 1  may include the direct and indirect costs of providing such

 2  access. Fees for remote electronic access provided to the

 3  general public shall be in accordance with the provisions of

 4  this section.

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

 6  public records for the purpose of making photographs of the

 7  record while such record is in the possession, custody, and

 8  control of the custodian of public records.

 9         (b)  This subsection applies to the making of

10  photographs in the conventional sense by use of a camera

11  device to capture images of public records but excludes the

12  duplication of microfilm in the possession of the clerk of the

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

14  available by the clerk.

15         (c)  Photographing public records shall be done under

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

17  adopt and enforce reasonable rules governing the photographing

18  of such records.

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

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

21  judgment of the custodian of public records, this is

22  impossible or impracticable, photographing shall be done in

23  another room or place, as nearly adjacent as possible to the

24  room where the public records are kept, to be determined by

25  the custodian of public records. Where provision of another

26  room or place for photographing is required, the expense of

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

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

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

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

31  


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    ENROLLED

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

 2  following fees are authorized:

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

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

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

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

 7  one-sided copy, and

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

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

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

11  duplicated copy.  For purposes of this section, duplicated

12  copies shall mean new copies produced by duplicating, as

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

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

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

16  cost associated with such duplication.  However,

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

18  photographs supplied by county constitutional officers may

19  also include a reasonable charge for the labor and overhead

20  associated with their duplication.  Unless otherwise provided

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

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

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

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

25  certified copy of a public record.

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

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

28  this subsection is such as to require extensive use of

29  information technology resources or extensive clerical or

30  supervisory assistance by personnel of the agency involved, or

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


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    ENROLLED

    2004 Legislature                 CS for SB 1678, 1st Engrossed



 1  duplication, a special service charge, which shall be

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

 3  extensive use of information technology resources or the labor

 4  cost of the personnel providing the service that is actually

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

 6  clerical and supervisory assistance required, or both.

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

 8  necessary to photograph public records, the expense of

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

10  photograph the public records.

11         2.  The custodian of public records may charge the

12  person making the photographs for supervision services at a

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

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

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

16  shall be determined by the custodian of public records.

17  "Information technology resources" means data processing

18  hardware and software and services, communications, supplies,

19  personnel, facility resources, maintenance, and training.

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

21  for inspection or examination, no persons other than the

22  supervisor of elections or the supervisor's employees shall

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

24  reasonable effort to notify all candidates by telephone or

25  otherwise of the time and place of the inspection or

26  examination. All such candidates, or their representatives,

27  shall be allowed to be present during the inspection or

28  examination.

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

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

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


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    ENROLLED

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

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

 3  exemption has been asserted and validly applies, and such

 4  person shall produce the remainder of such record for

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

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

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

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

 9  applicable to the record, including the statutory citation to

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

11  by the person seeking the right under this subsection to

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

13  writing and with particularity the reasons for the conclusion

14  that the record is exempt.

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

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

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

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

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

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

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

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

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

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

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

26  immediately produced for inspection, examination, or copying

27  as requested by the person seeking such access.

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

29  public record that a requested record is not a public record

30  subject to public inspection and examination under subsection

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


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    ENROLLED

    2004 Legislature                 CS for SB 1678, 1st Engrossed



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

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

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

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

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

 6  provisions of this section with respect to the requested

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

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

 9  all affected parties.

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

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

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

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

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

15  excuse or exonerate the custodian from any unauthorized or

16  unlawful disposition of such record.

17         (6)(3)(a)  Examination questions and answer sheets of

18  examinations administered by a governmental agency for the

19  purpose of licensure, certification, or employment are exempt

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

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

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

23  completed examination.

24         (b)1.  Active criminal intelligence information and

25  active criminal investigative information are exempt from the

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

27  Constitution.

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

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

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

31  that would identify the public record that was requested by


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 1  the law enforcement agency or provided by the custodian are

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

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

 4  the information constitutes criminal intelligence information

 5  or criminal investigative information that is active. This

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

 7  Legislature that the exemption be applied to requests for

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

 9  of this subparagraph. The law enforcement agency shall give

10  notice to the custodial agency when the criminal intelligence

11  information or criminal investigative information is no longer

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

13  information that would identify the public record requested

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

15  the Open Government Sunset Review Act of 1995 in accordance

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

17  unless reviewed and saved from repeal through reenactment by

18  the Legislature.

19         (c)  Any information revealing the identity of a

20  confidential informant or a confidential source is exempt from

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

22  State Constitution.

23         (d)  Any information revealing surveillance techniques

24  or procedures or personnel is exempt from the provisions of

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

26  Any comprehensive inventory of state and local law enforcement

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

28  comprehensive policies or plans compiled by a criminal justice

29  agency pertaining to the mobilization, deployment, or tactical

30  operations involved in responding to emergencies, as defined

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


                                  27

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    ENROLLED

    2004 Legislature                 CS for SB 1678, 1st Engrossed



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

 2  unavailable for inspection, except by personnel authorized by

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

 4  Governor, the Department of Legal Affairs, the Department of

 5  Law Enforcement, or the Department of Community Affairs as

 6  having an official need for access to the inventory or

 7  comprehensive policies or plans.

 8         (e)  Any information revealing undercover personnel of

 9  any criminal justice agency is exempt from the provisions of

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

11         (f)1.  Any criminal intelligence information or

12  criminal investigative information including the photograph,

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

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

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

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

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

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

19  defined by chapter 827 and any criminal intelligence

20  information or criminal investigative information or other

21  criminal record, including those portions of court records and

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

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

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

25  827, is exempt from the provisions of subsection (1) and s.

26  24(a), Art. I of the State Constitution.

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

28  intelligence information or criminal investigative information

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

30  body of the victim of a sexual offense prohibited under

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


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 1  whether the photograph, videotape, or image identifies the

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

 3  24(a), Art. I of the State Constitution. This exemption

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

 5  intelligence information or criminal investigative information

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

 7         (g)  Any criminal intelligence information or criminal

 8  investigative information which reveals the personal assets of

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

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

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

12  Constitution.

13         (h)  All criminal intelligence and criminal

14  investigative information received by a criminal justice

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

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

17  Constitution.

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

19  security numbers, and photographs of active or former law

20  enforcement personnel, including correctional and correctional

21  probation officers, personnel of the Department of Children

22  and Family Services whose duties include the investigation of

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

24  activities, personnel of the Department of Health whose duties

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

26  and personnel of the Department of Revenue or local

27  governments whose responsibilities include revenue collection

28  and enforcement or child support enforcement; the home

29  addresses, telephone numbers, social security numbers,

30  photographs, and places of employment of the spouses and

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


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 1  schools and day care facilities attended by the children of

 2  such personnel are exempt from the provisions of subsection

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

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

 5  addresses, telephone numbers, photographs, and places of

 6  employment of the spouses and children of such firefighters;

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

 8  attended by the children of such firefighters are exempt from

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

10  justices of the Supreme Court, district court of appeal

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

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

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

14  and locations of schools and day care facilities attended by

15  the children of justices and judges are exempt from the

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

17  numbers, social security numbers, and photographs of current

18  or former state attorneys, assistant state attorneys,

19  statewide prosecutors, or assistant statewide prosecutors; the

20  home addresses, telephone numbers, social security numbers,

21  photographs, and places of employment of the spouses and

22  children of current or former state attorneys, assistant state

23  attorneys, statewide prosecutors, or assistant statewide

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

25  care facilities attended by the children of current or former

26  state attorneys, assistant state attorneys, statewide

27  prosecutors, or assistant statewide prosecutors are exempt

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

29  Constitution.

30         2.  The home addresses, telephone numbers, social

31  security numbers, and photographs of current or former human


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 1  resource, labor relations, or employee relations directors,

 2  assistant directors, managers, or assistant managers of any

 3  local government agency or water management district whose

 4  duties include hiring and firing employees, labor contract

 5  negotiation, administration, or other personnel-related

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

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

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

 9  locations of schools and day care facilities attended by the

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

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

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

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

14  2, 2006, unless reviewed and saved from repeal through

15  reenactment by the Legislature.

16         3.  The home addresses, telephone numbers, social

17  security numbers, and photographs of current or former code

18  enforcement officers; the names, home addresses, telephone

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

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

21  the names and locations of schools and day care facilities

22  attended by the children of such persons are exempt from

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

24  This subparagraph is subject to the Open Government Sunset

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

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

27  from repeal through reenactment by the Legislature.

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

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

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

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


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

 2  maintain the exempt status confidentiality of the personal

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

 4  other person, or employing agency of the designated employee

 5  submits a written request for maintenance of the exemption

 6  confidentiality to the custodial agency.

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

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

 9  state for the purpose of forming ridesharing arrangements,

10  which information reveals the identity of an individual who

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

12  341.031, is exempt from the provisions of subsection (1) and

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

14         (k)  Any information revealing the substance of a

15  confession of a person arrested is exempt from the provisions

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

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

18  determined by adjudication, dismissal, or other final

19  disposition.

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

21  attorney (including an attorney employed or retained by the

22  agency or employed or retained by another public officer or

23  agency to protect or represent the interests of the agency

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

25  express direction, which reflects a mental impression,

26  conclusion, litigation strategy, or legal theory of the

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

28  civil or criminal litigation or for adversarial administrative

29  proceedings, or which was prepared in anticipation of imminent

30  civil or criminal litigation or imminent adversarial

31  administrative proceedings, is exempt from the provisions of


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    ENROLLED

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

 2  until the conclusion of the litigation or adversarial

 3  administrative proceedings. For purposes of capital collateral

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

 5  office is entitled to claim this exemption for those public

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

 7  collateral litigation after direct appeal until execution of

 8  sentence or imposition of a life sentence.

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

10  public record to another public employee or officer of the

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

12  When asserting the right to withhold a public record pursuant

13  to this paragraph, the agency shall identify the potential

14  parties to any such criminal or civil litigation or

15  adversarial administrative proceedings.  If a court finds that

16  the document or other record has been improperly withheld

17  under this paragraph, the party seeking access to such

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

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

20  court.

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

22  pursuant to invitations to bid or requests for proposals are

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

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

25  provides notice of a decision or intended decision pursuant to

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

27  opening, whichever is earlier.

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

29  government seeks to acquire real property by purchase or

30  through the exercise of the power of eminent domain all

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


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 1  counteroffers must be in writing and are exempt from the

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

 3  Constitution until execution of a valid option contract or a

 4  written offer to sell that has been conditionally accepted by

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

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

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

 8  agency may give conditional acceptance to any option or offer

 9  subject only to final acceptance by the agency after the

10  30-day review period.  If a valid option contract is not

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

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

13  of this chapter shall expire at the conclusion of the

14  condemnation litigation of the subject property. An agency of

15  the executive branch may exempt title information, including

16  names and addresses of property owners whose property is

17  subject to acquisition by purchase or through the exercise of

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

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

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

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

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

23  branch of state government to purchase real property subject

24  to final agency approval.  This paragraph shall have no

25  application to other exemptions from the provisions of

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

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

28  thereof.

29         (o)  Data processing software obtained by an agency

30  under a licensing agreement which prohibits its disclosure and

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


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 1  and agency-produced data processing software which is

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

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

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

 5  agency head from sharing or exchanging such software with

 6  another public agency. As used in this paragraph:

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

 8  routines used to employ and control the capabilities of data

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

10  systems, compilers, assemblers, utilities, library routines,

11  maintenance routines, applications, and computer networking

12  programs.

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

14  processing software, including the specifications and

15  documentation, used to:

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

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

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

19  management information of the agency, such as payroll and

20  accounting records; or

21         c.  Control and direct access authorizations and

22  security measures for automated systems.

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

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

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

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

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

28  financing of housing are exempt from the provisions of

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

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

31  investigation of the complaint becomes inactive, or the


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

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

 3  affect any function or activity of the Florida Commission on

 4  Human Relations.  Any state or federal agency which is

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

 6  provision of law shall be granted such access in the

 7  furtherance of such agency's statutory duties, notwithstanding

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

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

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

11  any agency in the executive branch of state government which

12  relate to a complaint of discrimination relating to race,

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

14  marital status in connection with hiring practices, position

15  classifications, salary, benefits, discipline, discharge,

16  employee performance, evaluation, or other related activities

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

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

19  relating to probable cause, the investigation of the complaint

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

21  part of the official record of any hearing or court

22  proceeding.  This provision shall not affect any function or

23  activity of the Florida Commission on Human Relations.  Any

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

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

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

27  statutory duties, notwithstanding the provisions of this

28  section.

29         (r)  All records supplied by a telecommunications

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

31  governmental agency which contain the name, address, and


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 1  telephone number of subscribers are confidential and exempt

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

 3  the State Constitution.

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

 5  employment telephone number, home or employment address, or

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

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

 8  any agency that regularly receives information from or

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

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

11  Constitution. Any information not otherwise held confidential

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

13  the home or employment telephone number, home or employment

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

15  victim of sexual battery, aggravated child abuse, aggravated

16  stalking, harassment, aggravated battery, or domestic violence

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

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

19  victim, which must include official verification that an

20  applicable crime has occurred. Such information shall cease to

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

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

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

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

25  duties, notwithstanding the provisions of this section.

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

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

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

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

30  847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which

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


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

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

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

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

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

 6  described in this subparagraph, held by a law enforcement

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

 8  24(a), Art. I of the State Constitution. Any governmental

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

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

11  furtherance of the agency's statutory duties, notwithstanding

12  the provisions of this section.

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

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

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

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

17  827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or

18  s. 847.0145, may not willfully and knowingly disclose

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

20  person who is not assisting in the investigation or

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

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

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

24  alleged offense. A person who violates this provision commits

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

26  s. 775.082 or s. 775.083.

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

28  prospective bidder to submit in order to prequalify for

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

30  other public works project is exempt from the provisions of

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


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

 2  complaint and requests that records of the complaint remain

 3  confidential, all records relating to an allegation of

 4  employment discrimination are confidential and exempt from the

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

 6  Constitution.

 7         (v)  Medical information pertaining to a prospective,

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

 9  disclosed, would identify that officer or employee is exempt

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

11  the State Constitution. However, such information may be

12  disclosed if the person to whom the information pertains or

13  the person's legal representative provides written permission

14  or pursuant to court order.

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

16  investigatory record of the Chief Inspector General within the

17  Executive Office of the Governor or of the employee designated

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

19  112.3189 is exempt from the provisions of subsection (1) and

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

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

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

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

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

25  Investigatory records are those records which are related to

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

27  other wrongdoing, with respect to an identifiable person or

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

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

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

31  investigation.  An investigation is active if it is continuing


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 1  with a reasonable, good faith anticipation of resolution and

 2  with reasonable dispatch.

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

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

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

 6  such investigatory records require an exemption to protect the

 7  integrity of the investigation or avoid unwarranted damage to

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

 9  shall specify the nature and purpose of the investigation and

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

11  records are made public.

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

13  whistle-blower investigations conducted pursuant to the

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

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

16  former agency employees which numbers are contained in agency

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

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

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

20  in s. 119.011.

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

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

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

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

25  municipality, special district, local agency, authority,

26  consolidated city-county government, or any other local

27  governmental body or public body corporate or politic

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

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

30  of local government.  Audit workpapers and notes related to

31  such audit report are confidential and exempt from the


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

 2  Constitution until the audit is completed and the audit report

 3  becomes final.

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

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

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

 7  commodity, or tangible personal property to any customer or

 8  prospective customer shall be exempt from the provisions of

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

10  This exemption commences when a municipal utility identifies

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

12  exemption no longer applies when the contract for sale,

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

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

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

16  active consideration. The exemption in this paragraph includes

17  the bid documents actually furnished in response to the

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

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

20  customer or prospective customer.

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

22  Department of Highway Safety and Motor Vehicles, personal

23  information contained in a motor vehicle record that

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

25  24(a), Art. I of the State Constitution except as provided in

26  this paragraph.  Personal information includes, but is not

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

28  identification number, name, address, telephone number, and

29  medical or disability information.  For purposes of this

30  paragraph, personal information does not include information

31  relating to vehicular crashes, driving violations, and


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    ENROLLED

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

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

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

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

 5  vehicle title, motor vehicle registration, or identification

 6  card issued by the Department of Highway Safety and Motor

 7  Vehicles.  Personal information contained in motor vehicle

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

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

10  following uses:

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

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

13  vehicle product alterations, recalls, or advisories;

14  performance monitoring of motor vehicles and dealers by motor

15  vehicle manufacturers; and removal of nonowner records from

16  the original owner records of motor vehicle manufacturers, to

17  carry out the purposes of the Automobile Information

18  Disclosure Act, the Motor Vehicle Information and Cost Saving

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

20  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

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

22  court or law enforcement agency, in carrying out its

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

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

25  functions.

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

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

28  vehicle product alterations, recalls, or advisories;

29  performance monitoring of motor vehicles, motor vehicle parts,

30  and dealers; motor vehicle market research activities,

31  including survey research; and removal of nonowner records


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    ENROLLED

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 1  from the original owner records of motor vehicle

 2  manufacturers.

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

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

 5  but only:

 6         a.  To verify the accuracy of personal information

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

 8  employees, or contractors; and

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

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

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

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

13  interest against, the individual.

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

15  administrative, or arbitral proceeding in any court or agency

16  or before any self-regulatory body for:

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

18  special process server, or other person authorized to serve

19  process in this state.

20         b.  Investigation in anticipation of litigation by an

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

22  of the attorney.

23         c.  Investigation by any person in connection with any

24  filed proceeding.

25         d.  Execution or enforcement of judgments and orders.

26         e.  Compliance with an order of any court.

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

28  producing statistical reports, so long as the personal

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

30  individuals.

31  


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 1         7.  For use by any insurer or insurance support

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

 3  employees, or contractors, in connection with claims

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

 5  underwriting.

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

 7  or impounded vehicles.

 8         9.  For use by any licensed private investigative

 9  agency or licensed security service for any purpose permitted

10  under this paragraph. Personal information obtained based on

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

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

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

14  of the investigation.

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

16  obtain or verify information relating to a holder of a

17  commercial driver's license that is required under the

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

19  2710 et seq.

20         11.  For use in connection with the operation of

21  private toll transportation facilities.

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

23  solicitations when the department has implemented methods and

24  procedures to ensure that:

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

26  and conspicuous manner, to prohibit such uses; and

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

28  solely for bulk distribution for survey, marketing, and

29  solicitations, and that surveys, marketing, and solicitations

30  will not be directed at those individuals who have timely

31  requested that they not be directed at them.


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 1         13.  For any use if the requesting person demonstrates

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

 3  who is the subject of the motor vehicle record.

 4         14.  For any other use specifically authorized by state

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

 6  vehicle or public safety.

 7  

 8  Personal information exempted from public disclosure according

 9  to this paragraph may be disclosed by the Department of

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

11  corporation, or similar business entity whose primary business

12  interest is to resell or redisclose the personal information

13  to persons who are authorized to receive such information.

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

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

16  must first enter into a contract with the department regarding

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

18  ensure compliance with the federal Driver's Privacy Protection

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

20  of personal information contained in a motor vehicle record,

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

22  the Department of Highway Safety and Motor Vehicles to resell

23  or redisclose the information for any use permitted under this

24  paragraph. However, only authorized recipients of personal

25  information under subparagraph 12. may resell or redisclose

26  personal information pursuant to subparagraph 12. Any

27  authorized recipient who resells or rediscloses personal

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

29  identifying each person or entity that receives the personal

30  information and the permitted purpose for which it will be

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


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    ENROLLED

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

 2  carry out the purposes of this paragraph and the federal

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

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

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

 6  personal information pursuant to this paragraph, shall require

 7  the meeting of conditions by the requesting person for the

 8  purposes of obtaining reasonable assurance concerning the

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

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

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

12  personal information has been obtained.  Such conditions may

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

14  a written application in such form and containing such

15  information and certification requirements as the department

16  requires.

17         (bb)  Medical history records and information related

18  to health or property insurance provided to the Department of

19  Community Affairs, the Florida Housing Finance Corporation, a

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

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

22  local housing assistance program are confidential and exempt

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

24  the State Constitution. Governmental entities or their agents

25  shall have access to such confidential and exempt records and

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

27  local housing programs or housing assistance programs. Such

28  confidential and exempt records and information may be used in

29  any administrative or judicial proceeding, provided such

30  records are kept confidential and exempt unless otherwise

31  ordered by a court.


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 1         (cc)  All personal identifying information; bank

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

 3  contained in records relating to an individual's personal

 4  health or eligibility for health-related services made or

 5  received by the Department of Health or its service providers

 6  are confidential and exempt from the provisions of subsection

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

 8  otherwise provided in this paragraph.  Information made

 9  confidential and exempt by this paragraph shall be disclosed:

10         1.  With the express written consent of the individual

11  or the individual's legally authorized representative.

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

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

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

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

16  the records or data pursuant to a research protocol approved

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

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

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

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

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

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

23  been approved by a human studies institutional review board,

24  does not plan for the destruction of confidential records

25  after the research is concluded, is administratively

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

27  must restrict the release of any information, which would

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

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

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

31  


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    ENROLLED

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 1  issued pursuant to this subparagraph remain the property of

 2  the department.

 3  

 4  This paragraph is subject to the Open Government Sunset Review

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

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

 7  repeal through reenactment by the Legislature.

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

 9  credit card numbers held by an agency are exempt from

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

11  This exemption applies to bank account numbers and debit,

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

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

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

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

16  2, 2007, unless reviewed and saved from repeal through

17  reenactment by the Legislature.

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

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

20  which depict the internal layout and structural elements of a

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

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

23  119.011 are exempt from the provisions of subsection (1) and

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

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

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

27  which depict the internal layout and structural elements of a

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

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

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

31  this paragraph may be disclosed to another governmental entity


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 1  if disclosure is necessary for the receiving entity to perform

 2  its duties and responsibilities; to a licensed architect,

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

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

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

 6  showing of good cause before a court of competent

 7  jurisdiction.  The entities or persons receiving such

 8  information shall maintain the exempt status of the

 9  information. This paragraph is subject to the Open Government

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

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

12  reenacted by the Legislature.

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

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

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

16  regular legislative session, or a complete bank account,

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

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

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

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

21  of the court record available for public inspection and

22  copying unless redaction is requested by the holder of such

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

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

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

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

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

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

29  written request to verify the identity of a person requesting

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

31  


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

 2  credit card number pursuant to such request.

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

 4  recorded in the official records by the county recorder as

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

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

 7  credit card number in that document unless otherwise expressly

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

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

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

11  the county recorder for recording in the official records of

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

13  official record available for public inspection and copying.

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

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

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

17  available Internet website, or a publicly available Internet

18  website used by a county recorder to display public records

19  outside the office or otherwise made electronically available

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

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

22  charge, or credit card number contained in that official

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

24  requester, and delivered by mail, facsimile, electronic

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

26  must specify the identification page number of the document

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

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

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

30  may not be charged for redacting such numbers.

31  


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

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

 3  court or the county recorder with respect to circuit court

 4  records and official records.

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

 6  the circuit court and the county recorder must keep complete

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

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

 9  numbers confidential and exempt as provided for in s.

10  119.0721, without any person having to request redaction.

11         (gg)  All personal identifying information contained in

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

13  governmental entities or their service providers for the

14  purpose of determining eligibility for paratransit services

15  under Title II of the Americans with Disabilities Act or

16  eligibility for the transportation disadvantaged program as

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

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

19  the State Constitution, except as otherwise provided herein.

20  This exemption applies to personal identifying information

21  contained in such records held by local governmental entities

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

23  date of this exemption. Information made confidential and

24  exempt by this paragraph shall be disclosed:

25         1.  With the express written consent of the individual

26  or the individual's legally authorized representative;

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

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

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

30         4.  For the purpose of determining eligibility for

31  paratransit services if the individual or the individual's


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 1  legally authorized representative has filed an appeal or

 2  petition before an administrative body of a local government

 3  or a court.

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

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

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

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

 8         (7)(4)  Nothing in this section shall be construed to

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

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

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

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

13  information or records which may reveal the identity of a

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

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

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

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

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

19         (8)(6)  Nothing in subsection (6) (3) or any other

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

21  General, the Office of Program Policy Analysis and Government

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

23  board of community college, school district, or special

24  district internal auditor to public records when such person

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

26  authorized audit, examination, or investigation. Such person

27  shall maintain the exempt or confidential status of a

28  confidentiality of any public record records that is exempt or

29  are confidential or exempt from the provisions of subsection

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

31  


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 1  custodian custodians of that record those public records for

 2  public disclosure of such record violating confidentiality.

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

 4  exemption from s. 286.011. The exemption from s. 286.011 must

 5  be expressly provided.

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

 7  Department of Children and Family Services, may petition the

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

 9  of Children and Family Services that pertain to investigations

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

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

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

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

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

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

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

17  the privacy right of other persons identified in the reports

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

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

20  need for citizens to know of and adequately evaluate the

21  actions of the Department of Children and Family Services and

22  the court system in providing vulnerable adults and children

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

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

25  39.202 and 415.107, which protect the name of any person

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

27  vulnerable adult.

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

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

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

31  immediate public release of records of the department which


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 1  pertain to the protective investigation. The petition must be

 2  personally served upon the child or vulnerable adult, the

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

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

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

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

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

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

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

10  court has neither granted nor denied the petition within the

11  24-hour time period, the department may release to the public

12  summary information including:

13         1.  A confirmation that an investigation has been

14  conducted concerning the alleged victim.

15         2.  The dates and brief description of procedural

16  activities undertaken during the department's investigation.

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

18  each participant's recommendations made at the judicial

19  proceedings, and the rulings of the court.

20  

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

22  identifying information with respect to, any person identified

23  in any investigation. In making a determination to release

24  confidential information, the court shall balance the best

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

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

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

28  other persons identified in the reports against the public

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

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

31  


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

 2  of a child or a vulnerable adult.

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

 4  public access exists, the court shall direct that the

 5  department redact the name of and other identifying

 6  information with respect to any person identified in any

 7  protective investigation report until such time as the court

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

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

10  abandonment.

11         (10)(8)  The provisions of this section are not

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

13  Florida Rules of Criminal Procedure, regarding the right and

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

15  criminal prosecution or in collateral postconviction

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

17  the basis for failing to timely litigate any postconviction

18  action.

19         Section 8.  Section 119.08, Florida Statutes, is

20  repealed.

21         Section 9.  Section 119.084, Florida Statutes, is

22  amended to read:

23         119.084  Definitions; Copyright of data processing

24  software created by governmental agencies; sale price and

25  licensing fee; access to public records; prohibited

26  contracts.--

27         (1)  As used in this section,:

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

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

30  person, partnership, corporation, or business entity.

31  


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

 2  routines used to employ and control the capabilities of data

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

 4  systems, compilers, assemblers, utilities, library routines,

 5  maintenance routines, applications, and computer networking

 6  programs.

 7         (c)  "Proprietary software" means data processing

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

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

10  copyrights for data processing software created by the agency

11  and to enforce its rights pertaining to such copyrights,

12  provided that the agency complies with the requirements of

13  this section.

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

15  processing software created by the agency may sell or license

16  the copyrighted data processing software to any public agency

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

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

19  Proceeds from the sale or licensing of copyrighted data

20  processing software shall be deposited by the agency into a

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

22  purposes.  Counties, municipalities, and other political

23  subdivisions of the state may designate how such sale and

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

25  and the fee for the licensing of copyrighted data processing

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

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

28  processing software to an individual or entity solely for

29  application to information maintained or generated by the

30  agency that created the copyrighted data processing software

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


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 1         (b)  The provisions of this subsection are supplemental

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

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

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

 5  secret laws and public records exemptions, agency use of

 6  proprietary software must not diminish the right of the public

 7  to inspect and copy a public record.

 8         (4)  An agency must consider when designing or

 9  acquiring an electronic recordkeeping system that such system

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

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

12  Interchange.

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

14  electronic recordkeeping system shall provide to any person,

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

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

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

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

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

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

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

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

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

24  information not routinely developed or maintained by the

25  agency or that requires a substantial amount of manipulation

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

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

28  creation or maintenance of a public records database if that

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

30  the public records of that agency, including public records

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


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

 2  impediment that as a practical matter makes it more difficult

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

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

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

 6  costs charged by the agency.

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

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

 9  shall stand repealed on October 2, 2006, unless reviewed and

10  saved from repeal through reenactment by the Legislature.

11         Section 10.  Sections 119.085 and 119.09, Florida

12  Statutes, are repealed.

13         Section 11.  Section 119.10, Florida Statutes, is

14  amended to read:

15         119.10  Violation of chapter; penalties.--

16         (1)  Any public officer who:

17         (a)  Violates any provision of this chapter commits is

18  guilty of a noncriminal infraction, punishable by fine not

19  exceeding $500.

20         (b)  Knowingly violates the provisions of s. 119.07(1)

21  is subject to suspension and removal or impeachment and, in

22  addition, commits a misdemeanor of the first degree,

23  punishable as provided in s. 775.082 or s. 775.083.

24         (2)  Any person who willfully and knowingly violates:

25  violating

26         (a)  Any of the provisions of this chapter commits is

27  guilty of a misdemeanor of the first degree, punishable as

28  provided in s. 775.082 or s. 775.083.

29         (b)(3)  Section Any person who willfully and knowingly

30  violates s. 119.105 commits a felony of the third degree,

31  


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 1  punishable as provided in s. 775.082, s. 775.083, or s.

 2  775.084.

 3         Section 12.  Section 119.105, Florida Statutes, is

 4  amended to read:

 5         119.105  Protection of victims of crimes or

 6  accidents.--Police reports are public records except as

 7  otherwise made exempt or confidential by general or special

 8  law. Every person is allowed to examine nonexempt or

 9  nonconfidential police reports. A person who comes into

10  possession of exempt or confidential information contained in

11  police reports may not use that information for any commercial

12  solicitation of the victims or relatives of the victims of the

13  reported crimes or accidents and may not knowingly disclose

14  such information to any third party for the purpose of such

15  solicitation during the period of time that information

16  remains exempt or confidential. This section does not prohibit

17  the publication of such information to the general public by

18  any news media legally entitled to possess that information or

19  the use of such information for any other data collection or

20  analysis purposes by those entitled to possess that

21  information.

22         Section 13.  Subsection (1) of section 119.12, Florida

23  Statutes, is amended to read:

24         119.12  Attorney's fees.--

25         (1)  If a civil action is filed against an agency to

26  enforce the provisions of this chapter and if the court

27  determines that such agency unlawfully refused to permit a

28  public record to be inspected, examined, or copied, the court

29  shall assess and award, against the agency responsible, the

30  reasonable costs of enforcement including reasonable

31  attorneys' fees.


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 1         (2)  Whenever an agency appeals a court order requiring

 2  it to permit inspection of records pursuant to this chapter

 3  and such order is affirmed, the court shall assess a

 4  reasonable attorney's fee for the appeal against such agency.

 5         Section 14.  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 15.  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 16.  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 17.  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 18.  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 whether 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 vulnerable adult's legal

 2  guardian, if any, and any person named as an alleged

 3  perpetrator in the report of abuse, neglect, or exploitation.

 4  The court must determine whether good cause exists for the

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

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

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

 8  court does not grant or deny the petition within the 24-hour

 9  time 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 19.  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  office, or photographic copies thereof, shall be retained by

18  the office for a period of at least 2 years following the date

19  that the registration ceases to be active.

20         Section 20.  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 21.  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  office, or photographic copies thereof, shall be retained by

13  the office for a period of at least 2 years following the date

14  that the registration ceases to be active.

15         Section 22.  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 23.  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 other reproductions from an electronic

10  recordkeeping system, shall be as admissible in evidence as

11  the originals.

12         Section 24.  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 25.  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 26.  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 27.  Paragraph (e) of subsection (4) of section

31  985.31, Florida Statutes, is amended to read:


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 1         985.31  Serious or habitual juvenile offender.--

 2         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

 3         (e)  The results of any serologic blood or urine test

 4  on a serious or habitual juvenile offender shall become a part

 5  of that child's permanent medical file. Upon transfer of the

 6  child to any other designated treatment facility, such file

 7  shall be transferred in an envelope marked confidential. The

 8  results of any test designed to identify the human

 9  immunodeficiency virus, or its antigen or antibody, shall be

10  accessible only to persons designated by rule of the

11  department. The provisions of such rule shall be consistent

12  with the guidelines established by the Centers for Disease

13  Control and Prevention.

14         Section 28.  Paragraph (d) of subsection (6) of section

15  212.095, Florida Statutes, is repealed.

16         Section 29.  Subsection (9) of section 238.03, Florida

17  Statutes, is repealed.

18         Section 30.  Paragraph (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 31.  Subsection (2) of section 27.02, Florida

 6  Statutes, as amended by section 6 of chapter 2003-402, Laws of

 7  Florida, is amended to read:

 8         27.02  Duties before court.--

 9         (2)  The state attorney shall provide to the defendant

10  all discovery materials required pursuant to the applicable

11  rule of procedure and may charge fees as provided for in s.

12  119.07(4) s. 119.07(1)(a), not to exceed 15 cents per page for

13  a copy of a noncertified copy of a public record. However,

14  these fees may be deferred if the defendant has been

15  determined to be indigent as provided in s. 27.52.

16         Section 32.  Paragraph (d) of subsection (1) of section

17  101.5607, Florida Statutes, is amended to read:

18         101.5607  Department of State to maintain voting system

19  information; prepare software.--

20         (1)

21         (d)  Section 119.07(6)(o) 119.07(3)(o) applies to all

22  software on file with the Department of State.

23         Section 33.  Paragraph (b) of subsection (2) of section

24  112.533, Florida Statutes, is amended to read:

25         112.533  Receipt and processing of complaints.--

26         (2)

27         (b)  This subsection does not apply to any public

28  record which is exempt from public disclosure pursuant to s.

29  119.07(6) s. 119.07(3). For the purposes of this subsection,

30  an investigation shall be considered active as long as it is

31  continuing with a reasonable, good faith anticipation that an


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 1  administrative finding will be made in the foreseeable future.

 2  An investigation shall be presumed to be inactive if no

 3  finding is made within 45 days after the complaint is filed.

 4         Section 34.  Paragraph (e) of subsection (2) of section

 5  1012.31, Florida Statutes, is amended to read:

 6         1012.31  Personnel files.--Public school system

 7  employee personnel files shall be maintained according to the

 8  following provisions:

 9         (2)

10         (e)  Upon request, an employee, or any person

11  designated in writing by the employee, shall be permitted to

12  examine the personnel file of such employee.  The employee

13  shall be permitted conveniently to reproduce any materials in

14  the file, at a cost no greater than the fees prescribed in s.

15  119.07(4) s. 119.07(1).

16         Section 35.  Subsection (1) of section 257.34, Florida

17  Statutes, is amended to read:

18         257.34  Florida International Archive and Repository.--

19         (1)  There is created within the Division of Library

20  and Information Services of the Department of State the

21  Florida International Archive and Repository for the

22  preservation of those public records, as defined in s.

23  119.011(11) s. 119.011(1), manuscripts, international

24  judgments involving disputes between domestic and foreign

25  businesses, and all other public matters that the department

26  or the Florida Council of International Development deems

27  relevant to international issues. It is the duty and

28  responsibility of the division to:

29         (a)  Organize and administer the Florida International

30  Archive and Repository.

31  


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 1         (b)  Preserve and administer records that are

 2  transferred to its custody; accept, arrange, and preserve

 3  them, according to approved archival and repository practices;

 4  and permit them, at reasonable times and under the supervision

 5  of the division, to be inspected, examined, and copied. All

 6  public records transferred to the custody of the division are

 7  subject to the provisions of s. 119.07(1).

 8         (c)  Assist the records and information management

 9  program in the determination of retention values for records.

10         (d)  Cooperate with and assist, insofar as practicable,

11  state institutions, departments, agencies, counties,

12  municipalities, and individuals engaged in internationally

13  related activities.

14         (e)  Provide a public research room where, under rules

15  established by the division, the materials in the

16  international archive and repository may be studied.

17         (f)  Conduct, promote, and encourage research in

18  international trade, government, and culture and maintain a

19  program of information, assistance, coordination, and guidance

20  for public officials, educational institutions, libraries, the

21  scholarly community, and the general public engaged in such

22  research.

23         (g)  Cooperate with and, insofar as practicable, assist

24  agencies, libraries, institutions, and individuals in projects

25  concerned with internationally related issues and preserve

26  original materials relating to internationally related issues.

27         (h)  Assist and cooperate with the records and

28  information management program in the training and information

29  program described in s. 257.36(1)(g).

30         Section 36.  Subsection (1) of section 257.35, Florida

31  Statutes, is amended to read:


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 1         257.35  Florida State Archives.--

 2         (1)  There is created within the Division of Library

 3  and Information Services of the Department of State the

 4  Florida State Archives for the preservation of those public

 5  records, as defined in s. 119.011(11) s. 119.011(1),

 6  manuscripts, and other archival material that have been

 7  determined by the division to have sufficient historical or

 8  other value to warrant their continued preservation and have

 9  been accepted by the division for deposit in its custody. It

10  is the duty and responsibility of the division to:

11         (a)  Organize and administer the Florida State

12  Archives.

13         (b)  Preserve and administer such records as shall be

14  transferred to its custody; accept, arrange, and preserve

15  them, according to approved archival practices; and permit

16  them, at reasonable times and under the supervision of the

17  division, to be inspected, examined, and copied.  All public

18  records transferred to the custody of the division shall be

19  subject to the provisions of s. 119.07(1), except that any

20  public record or other record provided by law to be

21  confidential or prohibited from inspection by the public shall

22  be made accessible only after a period of 50 years from the

23  date of the creation of the record.  Any nonpublic manuscript

24  or other archival material which is placed in the keeping of

25  the division under special terms and conditions, shall be made

26  accessible only in accordance with such law terms and

27  conditions and shall be exempt from the provisions of s.

28  119.07(1) to the extent necessary to meet the terms and

29  conditions for a nonpublic manuscript or other archival

30  material.

31  


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 1         (c)  Assist the records and information management

 2  program in the determination of retention values for records.

 3         (d)  Cooperate with and assist insofar as practicable

 4  state institutions, departments, agencies, counties,

 5  municipalities, and individuals engaged in activities in the

 6  field of state archives, manuscripts, and history and accept

 7  from any person any paper, book, record, or similar material

 8  which in the judgment of the division warrants preservation in

 9  the state archives.

10         (e)  Provide a public research room where, under rules

11  established by the division, the materials in the state

12  archives may be studied.

13         (f)  Conduct, promote, and encourage research in

14  Florida history, government, and culture and maintain a

15  program of information, assistance, coordination, and guidance

16  for public officials, educational institutions, libraries, the

17  scholarly community, and the general public engaged in such

18  research.

19         (g)  Cooperate with and, insofar as practicable, assist

20  agencies, libraries, institutions, and individuals in projects

21  designed to preserve original source materials relating to

22  Florida history, government, and culture and prepare and

23  publish handbooks, guides, indexes, and other literature

24  directed toward encouraging the preservation and use of the

25  state's documentary resources.

26         (h)  Encourage and initiate efforts to preserve,

27  collect, process, transcribe, index, and research the oral

28  history of Florida government.

29         (i)  Assist and cooperate with the records and

30  information management program in the training and information

31  program described in s. 257.36(1)(g).


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 1         Section 37.  Section 282.21, Florida Statutes, is

 2  amended to read:

 3         282.21  The State Technology Office's electronic access

 4  services.--The State Technology Office may collect fees for

 5  providing remote electronic access pursuant to s. 119.07(2) s.

 6  119.085. The fees may be imposed on individual transactions or

 7  as a fixed subscription for a designated period of time.  All

 8  fees collected under this section shall be deposited in the

 9  appropriate trust fund of the program or activity that made

10  the remote electronic access available.

11         Section 38.  Paragraph (h) of subsection (2) of section

12  287.0943, Florida Statutes, is amended to read:

13         287.0943  Certification of minority business

14  enterprises.--

15         (2)

16         (h)  The certification procedures should allow an

17  applicant seeking certification to designate on the

18  application form the information the applicant considers to be

19  proprietary, confidential business information. As used in

20  this paragraph, "proprietary, confidential business

21  information" includes, but is not limited to, any information

22  that would be exempt from public inspection pursuant to the

23  provisions of s. 119.07(6) s. 119.07(3); trade secrets;

24  internal auditing controls and reports; contract costs; or

25  other information the disclosure of which would injure the

26  affected party in the marketplace or otherwise violate s.

27  286.041. The executor in receipt of the application shall

28  issue written and final notice of any information for which

29  noninspection is requested but not provided for by law.

30         Section 39.  Subsection (1) of section 320.05, Florida

31  Statutes, is amended to read:


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 1         320.05  Records of the department; inspection

 2  procedure; lists and searches; fees.--

 3         (1)  Except as provided in ss. 119.07(6) 119.07(3) and

 4  320.025(3), the department may release records as provided in

 5  this section.

 6         Section 40.  Subsection (8) of section 322.20, Florida

 7  Statutes, is amended to read:

 8         322.20  Records of the department; fees; destruction of

 9  records.--

10         (8)  Except as provided in s. 119.07(6) s. 119.07(3),

11  the department may release records as provided in this

12  section.

13         Section 41.  Paragraph (b) of subsection (2) of section

14  338.223, Florida Statutes, is amended to read:

15         338.223  Proposed turnpike projects.--

16         (2)

17         (b)  In accordance with the legislative intent

18  expressed in s. 337.273, and after the requirements of

19  paragraph (1)(c) have been met, the department may acquire

20  lands and property before making a final determination of the

21  economic feasibility of a project. The requirements of

22  paragraph (1)(c) do not apply to hardship and protective

23  purchases of advance right-of-way by the department. The cost

24  of advance acquisition of right-of-way may be paid from bonds

25  issued under s. 337.276 or from turnpike revenues. For

26  purposes of this paragraph, the term "hardship purchase" means

27  purchase from a property owner of a residential dwelling of

28  not more than four units who is at a disadvantage due to

29  health impairment, job loss, or significant loss of rental

30  income. For purposes of this paragraph, the term "protective

31  purchase" means that a purchase to limit development,


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 1  building, or other intensification of land uses within the

 2  area right-of-way is needed for transportation facilities. The

 3  department shall give written notice to the Department of

 4  Environmental Protection 30 days before final agency

 5  acceptance as set forth in s. 119.07(6)(n) s. 119.07(3)(n),

 6  which notice shall allow the Department of Environmental

 7  Protection to comment. Hardship and protective purchases of

 8  right-of-way shall not influence the environmental feasibility

 9  of a project, including the decision relative to the need to

10  construct the project or the selection of a specific location.

11  Costs to acquire and dispose of property acquired as hardship

12  and protective purchases are considered costs of doing

13  business for the department and are not to be considered in

14  the determination of environmental feasibility for the

15  project.

16         Section 42.  Subsection (5) of section 401.27, Florida

17  Statutes, is amended to read:

18         401.27  Personnel; standards and certification.--

19         (5)  The certification examination must be offered

20  monthly.  The department shall issue an examination admission

21  notice to the applicant advising him or her of the time and

22  place of the examination for which he or she is scheduled.

23  Individuals achieving a passing score on the certification

24  examination may be issued a temporary certificate with their

25  examination grade report.  The department must issue an

26  original certification within 45 days after the examination.

27  Examination questions and answers are not subject to discovery

28  but may be introduced into evidence and considered only in

29  camera in any administrative proceeding under chapter 120. If

30  an administrative hearing is held, the department shall

31  provide challenged examination questions and answers to the


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 1  administrative law judge. The department shall establish by

 2  rule the procedure by which an applicant, and the applicant's

 3  attorney, may review examination questions and answers in

 4  accordance with s. 119.07(6)(a) s. 119.07(3)(a).

 5         Section 43.  Section 409.2577, Florida Statutes, is

 6  amended to read:

 7         409.2577  Parent locator service.--The department shall

 8  establish a parent locator service to assist in locating

 9  parents who have deserted their children and other persons

10  liable for support of dependent children.  The department

11  shall use all sources of information available, including the

12  Federal Parent Locator Service, and may request and shall

13  receive information from the records of any person or the

14  state or any of its political subdivisions or any officer

15  thereof. Any agency as defined in s. 120.52, any political

16  subdivision, and any other person shall, upon request, provide

17  the department any information relating to location, salary,

18  insurance, social security, income tax, and employment history

19  necessary to locate parents who owe or potentially owe a duty

20  of support pursuant to Title IV-D of the Social Security Act.

21  This provision shall expressly take precedence over any other

22  statutory nondisclosure provision which limits the ability of

23  an agency to disclose such information, except that law

24  enforcement information as provided in s. 119.07(6)(i) s.

25  119.07(3)(i) is not required to be disclosed, and except that

26  confidential taxpayer information possessed by the Department

27  of Revenue shall be disclosed only to the extent authorized in

28  s. 213.053(15).  Nothing in this section requires the

29  disclosure of information if such disclosure is prohibited by

30  federal law. Information gathered or used by the parent

31  locator service is confidential and exempt from the provisions


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 1  of s. 119.07(1). Additionally, the department is authorized to

 2  collect any additional information directly bearing on the

 3  identity and whereabouts of a person owing or asserted to be

 4  owing an obligation of support for a dependent child. The

 5  department shall, upon request, make information available

 6  only to public officials and agencies of this state; political

 7  subdivisions of this state, including any agency thereof

 8  providing child support enforcement services to non-Title IV-D

 9  clients; the custodial parent, legal guardian, attorney, or

10  agent of the child; and other states seeking to locate parents

11  who have deserted their children and other persons liable for

12  support of dependents, for the sole purpose of establishing,

13  modifying, or enforcing their liability for support, and shall

14  make such information available to the Department of Children

15  and Family Services for the purpose of diligent search

16  activities pursuant to chapter 39. If the department has

17  reasonable evidence of domestic violence or child abuse and

18  the disclosure of information could be harmful to the

19  custodial parent or the child of such parent, the child

20  support program director or designee shall notify the

21  Department of Children and Family Services and the Secretary

22  of the United States Department of Health and Human Services

23  of this evidence. Such evidence is sufficient grounds for the

24  department to disapprove an application for location services.

25         Section 44.  Subsection (6) of section 455.219, Florida

26  Statutes, is amended to read:

27         455.219  Fees; receipts; disposition; periodic

28  management reports.--

29         (6)  The department or the appropriate board shall

30  charge a fee not to exceed $25 for the certification of a

31  public record.  The fee shall be determined by rule of the


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 1  department. The department or the appropriate board shall

 2  assess a fee for duplication of a public record as provided in

 3  s. 119.07(4) s. 119.07(1)(a) and (b).

 4         Section 45.  Subsection (11) of section 456.025,

 5  Florida Statutes, is amended to read:

 6         456.025  Fees; receipts; disposition.--

 7         (11)  The department or the appropriate board shall

 8  charge a fee not to exceed $25 for the certification of a

 9  public record. The fee shall be determined by rule of the

10  department. The department or the appropriate board shall

11  assess a fee for duplicating a public record as provided in s.

12  119.07(4) s. 119.07(1)(a) and (b).

13         Section 46.  Paragraph (b) of subsection (4) of section

14  627.311, Florida Statutes, is amended to read:

15         627.311  Joint underwriters and joint reinsurers;

16  public records and public meetings exemptions.--

17         (4)  The Florida Automobile Joint Underwriting

18  Association:

19         (b)  Shall keep portions of association meetings during

20  which confidential and exempt underwriting files or

21  confidential and exempt claims files are discussed exempt from

22  the provisions of s. 286.011 and s. 24(b), Art. I of the State

23  Constitution. All closed portions of association meetings

24  shall be recorded by a court reporter. The court reporter

25  shall record the times of commencement and termination of the

26  meeting, all discussion and proceedings, the names of all

27  persons present at any time, and the names of all persons

28  speaking. No portion of any closed meeting shall be off the

29  record. Subject to the provisions of this paragraph and s.

30  119.07(1)(b)-(d) s. 119.07(2)(a), the court reporter's notes

31  of any closed meeting shall be retained by the association for


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 1  a minimum of 5 years. A copy of the transcript, less any

 2  confidential and exempt information, of any closed meeting

 3  during which confidential and exempt claims files are

 4  discussed shall become public as to individual claims files

 5  after settlement of that claim.

 6         Section 47.  Paragraph (n) of subsection (6) of section

 7  627.351, Florida Statutes, is amended to read:

 8         627.351  Insurance risk apportionment plans.--

 9         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

10         (n)1.  The following records of the corporation are

11  confidential and exempt from the provisions of s. 119.07(1)

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

13         a.  Underwriting files, except that a policyholder or

14  an applicant shall have access to his or her own underwriting

15  files.

16         b.  Claims files, until termination of all litigation

17  and settlement of all claims arising out of the same incident,

18  although portions of the claims files may remain exempt, as

19  otherwise provided by law. Confidential and exempt claims file

20  records may be released to other governmental agencies upon

21  written request and demonstration of need; such records held

22  by the receiving agency remain confidential and exempt as

23  provided for herein.

24         c.  Records obtained or generated by an internal

25  auditor pursuant to a routine audit, until the audit is

26  completed, or if the audit is conducted as part of an

27  investigation, until the investigation is closed or ceases to

28  be active.  An investigation is considered "active" while the

29  investigation is being conducted with a reasonable, good faith

30  belief that it could lead to the filing of administrative,

31  civil, or criminal proceedings.


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 1         d.  Matters reasonably encompassed in privileged

 2  attorney-client communications.

 3         e.  Proprietary information licensed to the corporation

 4  under contract and the contract provides for the

 5  confidentiality of such proprietary information.

 6         f.  All information relating to the medical condition

 7  or medical status of a corporation employee which is not

 8  relevant to the employee's capacity to perform his or her

 9  duties, except as otherwise provided in this paragraph.

10  Information which is exempt shall include, but is not limited

11  to, information relating to workers' compensation, insurance

12  benefits, and retirement or disability benefits.

13         g.  Upon an employee's entrance into the employee

14  assistance program, a program to assist any employee who has a

15  behavioral or medical disorder, substance abuse problem, or

16  emotional difficulty which affects the employee's job

17  performance, all records relative to that participation shall

18  be confidential and exempt from the provisions of s. 119.07(1)

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

20  otherwise provided in s. 112.0455(11).

21         h.  Information relating to negotiations for financing,

22  reinsurance, depopulation, or contractual services, until the

23  conclusion of the negotiations.

24         i.  Minutes of closed meetings regarding underwriting

25  files, and minutes of closed meetings regarding an open claims

26  file until termination of all litigation and settlement of all

27  claims with regard to that claim, except that information

28  otherwise confidential or exempt by law will be redacted.

29  

30  When an authorized insurer is considering underwriting a risk

31  insured by the corporation, relevant underwriting files and


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 1  confidential claims files may be released to the insurer

 2  provided the insurer agrees in writing, notarized and under

 3  oath, to maintain the confidentiality of such files.  When a

 4  file is transferred to an insurer that file is no longer a

 5  public record because it is not held by an agency subject to

 6  the provisions of the public records law. Underwriting files

 7  and confidential claims files may also be released to staff of

 8  and the board of governors of the market assistance plan

 9  established pursuant to s. 627.3515, who must retain the

10  confidentiality of such files, except such files may be

11  released to authorized insurers that are considering assuming

12  the risks to which the files apply, provided the insurer

13  agrees in writing, notarized and under oath, to maintain the

14  confidentiality of such files.  Finally, the corporation or

15  the board or staff of the market assistance plan may make the

16  following information obtained from underwriting files and

17  confidential claims files available to licensed general lines

18  insurance agents: name, address, and telephone number of the

19  residential property owner or insured; location of the risk;

20  rating information; loss history; and policy type.  The

21  receiving licensed general lines insurance agent must retain

22  the confidentiality of the information received.

23         2.  Portions of meetings of the corporation are exempt

24  from the provisions of s. 286.011 and s. 24(b), Art. I of the

25  State Constitution wherein confidential underwriting files or

26  confidential open claims files are discussed.  All portions of

27  corporation meetings which are closed to the public shall be

28  recorded by a court reporter. The court reporter shall record

29  the times of commencement and termination of the meeting, all

30  discussion and proceedings, the names of all persons present

31  at any time, and the names of all persons speaking.  No


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 1  portion of any closed meeting shall be off the record.

 2  Subject to the provisions hereof and s. 119.07(1)(b)-(d) s.

 3  119.07(2)(a), the court reporter's notes of any closed meeting

 4  shall be retained by the corporation for a minimum of 5 years.

 5  A copy of the transcript, less any exempt matters, of any

 6  closed meeting wherein claims are discussed shall become

 7  public as to individual claims after settlement of the claim.

 8         Section 48.  Subsection (1) of section 633.527, Florida

 9  Statutes, is amended to read:

10         633.527  Records concerning applicant; extent of

11  confidentiality.--

12         (1)  Test material is made confidential by s.

13  119.07(6)(a) s. 119.07(3)(a). An applicant may waive in

14  writing the confidentiality of his or her examination answer

15  sheet for the purpose of discussion with the State Fire

16  Marshal or his or her staff.

17         Section 49.  Paragraph (m) of subsection (2) of section

18  668.50, Florida Statutes, is amended to read:

19         668.50  Uniform Electronic Transaction Act.--

20         (2)  DEFINITIONS.--As used in this section:

21         (m)  "Record" means information that is inscribed on a

22  tangible medium or that is stored in an electronic or other

23  medium and is retrievable in perceivable form, including

24  public records as defined in s. 119.011 s. 119.011(1).

25         Section 50.  Subsection (1) of section 794.024, Florida

26  Statutes, is amended to read:

27         794.024  Unlawful to disclose identifying

28  information.--

29         (1)  A public employee or officer who has access to the

30  photograph, name, or address of a person who is alleged to be

31  the victim of an offense described in this chapter, chapter


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 1  800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and

 2  knowingly disclose it to a person who is not assisting in the

 3  investigation or prosecution of the alleged offense or to any

 4  person other than the defendant, the defendant's attorney, a

 5  person specified in an order entered by the court having

 6  jurisdiction of the alleged offense, or organizations

 7  authorized to receive such information made exempt by s.

 8  119.07(6)(f) s. 119.07(3)(f), or to a rape crisis center or

 9  sexual assault counselor, as defined in s. 90.5035(1)(b), who

10  will be offering services to the victim.

11         Section 51.  Paragraph (c) of subsection (3) of section

12  921.0022, Florida Statutes, is amended to read:

13         921.0022  Criminal Punishment Code; offense severity

14  ranking chart.--

15         (3)  OFFENSE SEVERITY RANKING CHART

16  

17  Florida           Felony

18  Statute           Degree             Description

19  

20    

21                              (c)  LEVEL 3

22  119.10(2)(b)(3)    3rd      Unlawful use of confidential

23                              information from police reports.

24  316.066(3)  (d)-(f)3rd      Unlawfully obtaining or using

25                              confidential crash reports.

26  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

27  316.1935(2)        3rd      Fleeing or attempting to elude

28                              law enforcement officer in marked

29                              patrol vehicle with siren and

30                              lights activated.

31  


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 1  319.30(4)          3rd      Possession by junkyard of motor

 2                              vehicle with identification

 3                              number plate removed.

 4  319.33(1)(a)       3rd      Alter or forge any certificate of

 5                              title to a motor vehicle or

 6                              mobile home.

 7  319.33(1)(c)       3rd      Procure or pass title on stolen

 8                              vehicle.

 9  319.33(4)          3rd      With intent to defraud, possess,

10                              sell, etc., a blank, forged, or

11                              unlawfully obtained title or

12                              registration.

13  327.35(2)(b)       3rd      Felony BUI.

14  328.05(2)          3rd      Possess, sell, or counterfeit

15                              fictitious, stolen, or fraudulent

16                              titles or bills of sale of

17                              vessels.

18  328.07(4)          3rd      Manufacture, exchange, or possess

19                              vessel with counterfeit or wrong

20                              ID number.

21  370.12(1)(e)5.     3rd      Taking, disturbing, mutilating,

22                              destroying, causing to be

23                              destroyed, transferring, selling,

24                              offering to sell, molesting, or

25                              harassing marine turtles, marine

26                              turtle eggs, or marine turtle

27                              nests in violation of the Marine

28                              Turtle Protection Act.

29  

30  

31  


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 1  370.12(1)(e)6.     3rd      Soliciting to commit or

 2                              conspiring to commit a violation

 3                              of the Marine Turtle Protection

 4                              Act.

 5  376.302(5)         3rd      Fraud related to reimbursement

 6                              for cleanup expenses under the

 7                              Inland Protection Trust Fund.

 8  400.903(3)         3rd      Operating a clinic without a

 9                              license or filing false license

10                              application or other required

11                              information.

12  440.105(3)(b)      3rd      Receipt of fee or consideration

13                              without approval by judge of

14                              compensation claims.

15  440.1051(3)        3rd      False report of workers'

16                              compensation fraud or retaliation

17                              for making such a report.

18  501.001(2)(b)      2nd      Tampers with a consumer product

19                              or the container using materially

20                              false/misleading information.

21  624.401(4)(a)      3rd      Transacting insurance without a

22                              certificate of authority.

23  624.401(4)(b)1.    3rd      Transacting insurance without a

24                              certificate of authority; premium

25                              collected less than $20,000.

26  626.902(1)  (a) & (b)3rd      Representing an unauthorized

27                              insurer.

28  697.08             3rd      Equity skimming.

29  790.15(3)          3rd      Person directs another to

30                              discharge firearm from a vehicle.

31  796.05(1)          3rd      Live on earnings of a prostitute.


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 1  806.10(1)          3rd      Maliciously injure, destroy, or

 2                              interfere with vehicles or

 3                              equipment used in firefighting.

 4  806.10(2)          3rd      Interferes with or assaults

 5                              firefighter in performance of

 6                              duty.

 7  810.09(2)(c)       3rd      Trespass on property other than

 8                              structure or conveyance armed

 9                              with firearm or dangerous weapon.

10  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

11                              less than $10,000.

12  812.0145(2)(c)     3rd      Theft from person 65 years of age

13                              or older; $300 or more but less

14                              than $10,000.

15  815.04(4)(b)       2nd      Computer offense devised to

16                              defraud or obtain property.

17  817.034(4)(a)3.    3rd      Engages in scheme to defraud

18                              (Florida Communications Fraud

19                              Act), property valued at less

20                              than $20,000.

21  817.233            3rd      Burning to defraud insurer.

22  817.234(8)  (b)-(c)3rd      Unlawful solicitation of persons

23                              involved in motor vehicle

24                              accidents.

25  817.234(11)(a)     3rd      Insurance fraud; property value

26                              less than $20,000.

27  817.236            3rd      Filing a false motor vehicle

28                              insurance application.

29  817.2361           3rd      Creating, marketing, or

30                              presenting a false or fraudulent

31                              motor vehicle insurance card.


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 1  817.413(2)         3rd      Sale of used goods as new.

 2  817.505(4)         3rd      Patient brokering.

 3  828.12(2)          3rd      Tortures any animal with intent

 4                              to inflict intense pain, serious

 5                              physical injury, or death.

 6  831.28(2)(a)       3rd      Counterfeiting a payment

 7                              instrument with intent to defraud

 8                              or possessing a counterfeit

 9                              payment instrument.

10  831.29             2nd      Possession of instruments for

11                              counterfeiting drivers' licenses

12                              or identification cards.

13  838.021(3)(b)      3rd      Threatens unlawful harm to public

14                              servant.

15  843.19             3rd      Injure, disable, or kill police

16                              dog or horse.

17  860.15(3)          3rd      Overcharging for repairs and

18                              parts.

19  870.01(2)          3rd      Riot; inciting or encouraging.

20  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

21                              cannabis (or other s.

22                              893.03(1)(c), (2)(c)1., (2)(c)2.,

23                              (2)(c)3., (2)(c)5., (2)(c)6.,

24                              (2)(c)7., (2)(c)8., (2)(c)9.,

25                              (3), or (4) drugs).

26  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

27                              893.03(1)(c), (2)(c)1., (2)(c)2.,

28                              (2)(c)3., (2)(c)5., (2)(c)6.,

29                              (2)(c)7., (2)(c)8., (2)(c)9.,

30                              (3), or (4) drugs within 1,000

31                              feet of university.


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 1  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

 2                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 3                              (2)(c)3., (2)(c)5., (2)(c)6.,

 4                              (2)(c)7., (2)(c)8., (2)(c)9.,

 5                              (3), or (4) drugs within 1,000

 6                              feet of public housing facility.

 7  893.13(6)(a)       3rd      Possession of any controlled

 8                              substance other than felony

 9                              possession of cannabis.

10  893.13(7)(a)8.     3rd      Withhold information from

11                              practitioner regarding previous

12                              receipt of or prescription for a

13                              controlled substance.

14  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

15                              controlled substance by fraud,

16                              forgery, misrepresentation, etc.

17  893.13(7)(a)10.    3rd      Affix false or forged label to

18                              package of controlled substance.

19  893.13(7)(a)11.    3rd      Furnish false or fraudulent

20                              material information on any

21                              document or record required by

22                              chapter 893.

23  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

24                              person, or owner of an animal in

25                              obtaining a controlled substance

26                              through deceptive, untrue, or

27                              fraudulent representations in or

28                              related to the practitioner's

29                              practice.

30  

31  


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 1  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

 2                              practitioner's practice to assist

 3                              a patient, other person, or owner

 4                              of an animal in obtaining a

 5                              controlled substance.

 6  893.13(8)(a)3.     3rd      Knowingly write a prescription

 7                              for a controlled substance for a

 8                              fictitious person.

 9  893.13(8)(a)4.     3rd      Write a prescription for a

10                              controlled substance for a

11                              patient, other person, or an

12                              animal if the sole purpose of

13                              writing the prescription is a

14                              monetary benefit for the

15                              practitioner.

16  918.13(1)(a)       3rd      Alter, destroy, or conceal

17                              investigation evidence.

18  944.47  (1)(a)1.-2.3rd      Introduce contraband to

19                              correctional facility.

20  944.47(1)(c)       2nd      Possess contraband while upon the

21                              grounds of a correctional

22                              institution.

23  985.3141           3rd      Escapes from a juvenile facility

24                              (secure detention or residential

25                              commitment facility).

26         Section 52.  For the purpose of incorporating the

27  amendments to section 945.25, Florida Statutes, in a reference

28  thereto, paragraph (a) of subsection (2) of section 947.13,

29  Florida Statutes, is reenacted to read:

30         947.13  Powers and duties of commission.--

31  


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 1         (2)(a)  The commission shall immediately examine

 2  records of the department under s. 945.25, and any other

 3  records which it obtains, and may make such other

 4  investigations as may be necessary.

 5         Section 53.  Section 430.015, Florida Statutes, is

 6  repealed.

 7         Section 54.  Section 440.132, Florida Statutes, is

 8  amended to read:

 9         440.132  Investigatory records relating to workers'

10  compensation managed care arrangements; confidentiality.--

11         (1)  All investigatory records of the Agency for Health

12  Care Administration made or received pursuant to s. 440.134

13  and any examination records necessary to complete an

14  investigation are confidential and exempt from the provisions

15  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

16  until the investigation is completed or ceases to be active,

17  except that portions of medical records which specifically

18  identify patients must remain confidential and exempt. An

19  investigation is considered "active" while such investigation

20  is being conducted by the agency with a reasonable, good faith

21  belief that it may lead to the filing of administrative,

22  civil, or criminal proceedings. An investigation does not

23  cease to be active if the agency is proceeding with reasonable

24  dispatch and there is good faith belief that action may be

25  initiated by the agency or other administrative or law

26  enforcement agency.

27         (2)  The Legislature finds that it is a public

28  necessity that these investigatory and examination records be

29  held confidential and exempt during an investigation in order

30  not to compromise the investigation and disseminate

31  potentially inaccurate information. To the extent this


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 1  information is made available to the public, those persons

 2  being investigated will have access to such information which

 3  would potentially defeat the purpose of the investigation.

 4  This would impede the effective and efficient operation of

 5  investigatory governmental functions.

 6         Section 55.  Sections 723.0065 and 768.301, Florida

 7  Statutes, are repealed.

 8         Section 56.  Paragraph (a) of subsection (7) of section

 9  943.031, Florida Statutes, is amended to read:

10         943.031  Florida Violent Crime and Drug Control

11  Council.--The Legislature finds that there is a need to

12  develop and implement a statewide strategy to address violent

13  criminal activity and drug control efforts by state and local

14  law enforcement agencies, including investigations of illicit

15  money laundering. In recognition of this need, the Florida

16  Violent Crime and Drug Control Council is created within the

17  department. The council shall serve in an advisory capacity to

18  the department.

19         (7)  CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL

20  MEETINGS AND RECORDS.--

21         (a)1.  The Legislature finds that during limited

22  portions of the meetings of the Florida Violent Crime and Drug

23  Control Council it is necessary that the council be presented

24  with and discuss details, information, and documents related

25  to active criminal investigations or matters constituting

26  active criminal intelligence, as those concepts are defined by

27  s. 119.011. These presentations and discussions are necessary

28  for the council to make its funding decisions as required by

29  the Legislature. The Legislature finds that to reveal the

30  contents of documents containing active criminal investigative

31  or intelligence information or to allow active criminal


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 1  investigative or active criminal intelligence matters to be

 2  discussed in a meeting open to the public negatively impacts

 3  the ability of law enforcement agencies to efficiently

 4  continue their investigative or intelligence gathering

 5  activities. The Legislature finds that information coming

 6  before the council that pertains to active criminal

 7  investigations or intelligence should remain confidential and

 8  exempt from public disclosure. The Legislature finds that the

 9  Florida Violent Crime and Drug Control Council may, by

10  declaring only those portions of council meetings in which

11  active criminal investigative or active criminal intelligence

12  information is to be presented or discussed closed to the

13  public, assure an appropriate balance between the policy of

14  this state that meetings be public and the policy of this

15  state to facilitate efficient law enforcement efforts.

16         2.  The Legislature finds that it is a public necessity

17  that portions of the meetings of the Florida Violent Crime and

18  Drug Control Council be closed when the confidential details,

19  information, and documents related to active criminal

20  investigations or matters constituting active criminal

21  intelligence are discussed. The Legislature further finds that

22  it is no less a public necessity that portions of public

23  records generated at closed council meetings, such as tape

24  recordings, minutes, and notes, memorializing the discussions

25  regarding such confidential details, information, and

26  documents related to active criminal investigations or matters

27  constituting active criminal intelligence, also shall be held

28  confidential.

29         Section 57.  This act shall take effect October 1,

30  2004.

31  


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