Senate Bill sb3060

    Florida Senate - 2004                                  SB 3060

    By Senator Bennett





    21-1073A-04

  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         creating s. 12.001, F.S.; declaring legislative

  4         powers with respect to creating exemptions from

  5         public-records requirements; creating s.

  6         12.002, F.S.; prescribing the role of the

  7         judicial branch with respect to creating

  8         exemptions from public-records requirements;

  9         creating s. 12.003, F.S.; prohibiting judicial

10         modification or creation of such exemptions;

11         prohibiting enforcement of judicial actions

12         attempting to do otherwise; providing

13         retroactive applicability; providing an

14         effective date.

15  

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

17  

18         Section 1.  This act may be cited as the "'Chips' Shore

19  Memorial Act."

20         Section 2.  Section 12.001, Florida Statutes, is

21  created to read:

22         12.001  Legislative powers regarding public records

23  exemptions.--Pursuant to s. 24, Art. I of the State

24  Constitution, the power to create any exemptions to the

25  public's constitutional right to inspect and copy public

26  records, which includes all judicial records and court

27  records, is vested exclusively in the Legislature. Any such

28  exemption requires affirmative action of the Legislature in

29  the form of a law and may not be created by implication or by

30  inaction.

31  

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






    Florida Senate - 2004                                  SB 3060
    21-1073A-04




 1         Section 3.  Section 12.002, Florida Statutes, is

 2  created to read:

 3         12.002  Role of judicial branch regarding public

 4  records exemptions.--The judicial branch has no power to

 5  create any exemptions to the public's constitutional right to

 6  inspect and copy public records, except as set forth in Rule

 7  of Judicial Administration 2.051, in the form approved by the

 8  Florida Supreme Court on October 29, 1992.

 9         Section 4.  Section 12.003, Florida Statutes, is

10  created to read:

11         12.003  Protection of public.--A state court may not

12  modify or add to an exemption or take any action with regard

13  thereto, except for the complete repeal of Rule of Judicial

14  Administration 2.051, including, but not limited to, imposing

15  moratoriums or restrictions on the form in which such public

16  records are maintained or on the means of dissemination

17  thereof. Any attempt by any state court to do so shall be

18  considered a nullity, and no person shall be placed in

19  jeopardy of loss of liberty or property for refusing or

20  failing to abide by any such modification or addition.

21         Section 5.  This act shall take effect upon becoming a

22  law and, because it implements and clarifies the application

23  of Section 24, Article I of the State Constitution, shall

24  apply retroactively to November 3, 1992.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Declares the exclusivity of the Legislature's authority
      to create exemptions from public-records disclosure
29    requirements. Prohibits courts from creating or modifying
      such exemptions and prohibits enforcement of such a
30    creation or modification. The act applies retroactively
      to November 3, 1992.
31  

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