Senate Bill sb1144

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    Florida Senate - 2005                                  SB 1144

    By Senator Argenziano





    3-189B-05

  1                      A bill to be entitled

  2         An act relating to public records and public

  3         meetings; amending s. 119.07, F.S.;

  4         transferring general exemptions from

  5         requirements relating to inspection and copying

  6         of records not otherwise transferred by this

  7         act to s. 119.071, F.S.; conforming

  8         cross-references; amending s. 119.071, F.S.;

  9         reorganizing and classifying exemptions under

10         the headings of "agency processes," "agency

11         personnel identifying information," "other

12         personal identifying information," and

13         "security"; transferring and amending s.

14         119.0721, F.S., relating to an exemption

15         provided for social security numbers; creating

16         s. 119.07101, F.S., and transferring to that

17         section provisions of s. 119.07, F.S., relating

18         to exemptions for records of the Department of

19         Highway Safety and Motor Vehicles; creating s.

20         119.07102, F.S., and transferring to that

21         section provisions of s. 119.07, F.S., relating

22         to exemptions for records of the Department of

23         Health; creating s. 119.0711, F.S., and

24         transferring to that section provisions of s.

25         119.07, F.S., relating to exemptions for

26         executive branch agencies; creating s.

27         119.0712, F.S., and transferring to that

28         section provisions of s. 119.07, F.S., relating

29         to exemptions for local government agencies;

30         amending s. 119.15, F.S.; revising standards

31         and guidelines for review and repeal of

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 1         exemptions pursuant to the Open Government

 2         Sunset Review Act; creating s. 112.31891, F.S.,

 3         and transferring to that section provisions of

 4         s. 119.07, F.S., relating to investigatory

 5         records; providing an effective date.

 6  

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

 8  

 9         Section 1.  Paragraph (e) of subsection (1) and

10  subsections (7) and (8) of section 119.07, Florida Statutes,

11  are amended to read:

12         119.07  Inspection and copying of records;

13  photographing public records; fees; exemptions.--

14         (1)

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

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

17  under or by virtue of paragraph (1)(g) (6)(c), paragraph

18  (1)(h) (6)(d), paragraph (1)(i) (6)(e), paragraph (1)(m)

19  (6)(k), paragraph (1)(n) (6)(l), or paragraph (1)(c) of s.

20  119.071 (6)(o), the public record or part thereof in question

21  shall be submitted to the court for an inspection in camera.

22  If an exemption is alleged to exist under or by virtue of

23  paragraph 119.071(1)(f) (6)(b), an inspection in camera is

24  discretionary with the court. If the court finds that the

25  asserted exemption is not applicable, it shall order the

26  public record or part thereof in question to be immediately

27  produced for inspection or copying as requested by the person

28  seeking such access.

29         (7)  Nothing in this chapter may section shall be

30  construed to exempt from subsection (1) a public record that

31  which was made a part of a court file and that which is not

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 1  specifically closed by order of court, except as provided in

 2  s. 119.071(1)(c), (g), (h), (i), (m), (n) paragraphs (c), (d),

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

 4  information or records that which may reveal the identity of a

 5  person who is a victim of a sexual offense as provided in s.

 6  119.071(1)(j) paragraph (f) of subsection (6).

 7         (8)  An exemption contained in this chapter Nothing in

 8  subsection (6) or in any other general or special law may not

 9  shall limit the access of the Auditor General, the Office of

10  Program Policy Analysis and Government Accountability, or any

11  state, county, municipal, university, board of community

12  college, school district, or special district internal auditor

13  to public records when such person states in writing that such

14  records are needed for a properly authorized audit,

15  examination, or investigation. Such person shall maintain the

16  exempt or confidential status of a public record that is

17  exempt or confidential from the provisions of subsection (1)

18  and shall be subject to the same penalties as the custodian of

19  that record for public disclosure of such record.

20         Section 2.  Paragraph (a) of subsection (6) of section

21  119.07, Florida Statutes, is transferred, redesignated as

22  paragraph (a) of subsection (1) of section 119.071, Florida

23  Statutes, and amended to read:

24         119.071  General exemptions from inspection or copying

25  of public records.--

26         (1)  AGENCY PROCESSES.--

27         (a)  Examination questions and answer sheets of

28  examinations administered by a governmental agency for the

29  purpose of licensure, certification, or employment are exempt

30  from s. 119.07(1) the provisions of subsection (1) and s.

31  24(a), Art. I of the State Constitution.  A person who has

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 1  taken such an examination has shall have the right to review

 2  his or her own completed examination.

 3         Section 3.  Paragraph (dd) of subsection (6) of section

 4  119.07, Florida Statutes, is transferred, redesignated as

 5  paragraph (b) of subsection (1) of section 119.071, Florida

 6  Statutes, and amended to read:

 7         119.071  General exemptions from inspection or copying

 8  of public records.--

 9         (1)  AGENCY PROCESSES.--

10         (b)(dd)  Bank account numbers and debit, charge, and

11  credit card numbers held by an agency are exempt from s.

12  119.07(1) subsection (1) and s. 24(a), Art. I of the State

13  Constitution. This exemption applies to bank account numbers

14  and debit, charge, and credit card numbers held by an agency

15  before, on, or after the effective date of this exemption.

16  This paragraph is subject to the Open Government Sunset Review

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

18  repealed on October 2, 2007, unless reviewed and saved from

19  repeal through reenactment by the Legislature.

20         Section 4.  Paragraph (o) of subsection (6) of section

21  119.07, Florida Statutes, is transferred, redesignated as

22  paragraph (c) of subsection (1) of section 119.071, Florida

23  Statutes, and amended to read:

24         119.071  General exemptions from inspection or copying

25  of public records.--

26         (1)  AGENCY PROCESSES.--

27         (c)(o)  Data processing software obtained by an agency

28  under a licensing agreement that which prohibits its

29  disclosure and which software is a trade secret, as defined in

30  s. 812.081, and agency-produced data processing software that

31  which is sensitive are exempt from s. 119.07(1) the provisions

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

 2  Constitution.  The designation of agency-produced software as

 3  sensitive does shall not prohibit an agency head from sharing

 4  or exchanging such software with another public agency.

 5         Section 5.  Paragraph (m) of subsection (6) of section

 6  119.07, Florida Statutes, is transferred, redesignated as

 7  paragraph (d) of subsection (1) of section 119.071, Florida

 8  Statutes, and amended to read:

 9         119.071  General exemptions from inspection or copying

10  of public records.--

11         (1)  AGENCY PROCESSES.--

12         (d)(m)  Sealed bids or proposals received by an agency

13  pursuant to invitations to bid or requests for proposals are

14  exempt from s. 119.071(1) the provisions of subsection (1) and

15  s. 24(a), Art. I of the State Constitution until such time as

16  the agency provides notice of a decision or intended decision

17  pursuant to s. 120.57(3)(a) or within 10 days after bid or

18  proposal opening, whichever is earlier.

19         Section 6.  Paragraph (t) of subsection (6) of section

20  119.07, Florida Statutes, is transferred, redesignated as

21  paragraph (e) of subsection (1) of section 119.071, Florida

22  Statutes, and amended to read:

23         119.071  General exemptions from inspection or copying

24  of public records.--

25         (1)  AGENCY PROCESSES.--

26         (e)(t)  Any financial statement that which an agency

27  requires a prospective bidder to submit in order to prequalify

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

29  other public works project is exempt from s. 119.07(1) the

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

31  Constitution.

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 1         Section 7.  Paragraphs (b) through (h) of subsection

 2  (6) of section 119.07, Florida Statutes, are transferred,

 3  redesignated as paragraphs (f) through (l), respectively, of

 4  subsection (1) of section 119.071, Florida Statutes, and

 5  amended to read:

 6         119.071  General exemptions from inspection or copying

 7  of public records.--

 8         (1)  AGENCY PROCESSES.--

 9         (f)(b)1.  Active criminal intelligence information and

10  active criminal investigative information are exempt from s.

11  119.07(1) the provisions of subsection (1) and s. 24(a), Art.

12  I of the State Constitution.

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

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

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

16  that would identify the public record that was requested by

17  the law enforcement agency or provided by the custodian are

18  exempt from s. 119.07(1) the requirements of subsection (1)

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

20  period in which the information constitutes criminal

21  intelligence information or criminal investigative information

22  that is active. This exemption is remedial in nature, and it

23  is the intent of the Legislature that the exemption be applied

24  to requests for information received before, on, or after the

25  effective date of this subparagraph. The law enforcement

26  agency shall give notice to the custodial agency when the

27  criminal intelligence information or criminal investigative

28  information is no longer active, so that the custodian's

29  response to the request and information that would identify

30  the public record requested are available to the public. This

31  subparagraph is subject to the Open Government Sunset Review

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

 2  repealed October 2, 2007, unless reviewed and saved from

 3  repeal through reenactment by the Legislature.

 4         (g)(c)  Any information revealing the identity of a

 5  confidential informant or a confidential source is exempt from

 6  s. 119.07(1) the provisions of subsection (1) and s. 24(a),

 7  Art. I of the State Constitution.

 8         (h)(d)  Any information revealing surveillance

 9  techniques or procedures or personnel is exempt from s.

10  119.07(1) the provisions of subsection (1) and s. 24(a), Art.

11  I of the State Constitution. Any comprehensive inventory of

12  state and local law enforcement resources compiled pursuant to

13  part I, chapter 23, and any comprehensive policies or plans

14  compiled by a criminal justice agency pertaining to the

15  mobilization, deployment, or tactical operations involved in

16  responding to emergencies, as defined in s. 252.34(3), are

17  exempt from s. 119.07(1) the provisions of subsection (1) and

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

19  inspection, except by personnel authorized by a state or local

20  law enforcement agency, the office of the Governor, the

21  Department of Legal Affairs, the Department of Law

22  Enforcement, or the Department of Community Affairs as having

23  an official need for access to the inventory or comprehensive

24  policies or plans.

25         (i)(e)  Any information revealing undercover personnel

26  of any criminal justice agency is exempt from s. 119.07(1) the

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

28  Constitution.

29         (j)(f)1.  Any criminal intelligence information or

30  criminal investigative information including the photograph,

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

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

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

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

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

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

 6  defined by chapter 827 and any criminal intelligence

 7  information or criminal investigative information or other

 8  criminal record, including those portions of court records and

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

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

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

12  827, is exempt from s. 119.07(1) the provisions of subsection

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

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

15  intelligence information or criminal investigative information

16  that which is a photograph, videotape, or image of any part of

17  the body of the victim of a sexual offense prohibited under

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

19  whether the photograph, videotape, or image identifies the

20  victim, is confidential and exempt from s. 119.07(1)

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

22  This exemption applies to photographs, videotapes, or images

23  held as criminal intelligence information or criminal

24  investigative information before, on, or after the effective

25  date of the exemption.

26         (k)(g)  Any criminal intelligence information or

27  criminal investigative information that which reveals the

28  personal assets of the victim of a crime, other than property

29  stolen or destroyed during the commission of the crime, is

30  exempt from s. 119.07(1) the provisions of subsection (1) and

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

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 1         (l)(h)  All criminal intelligence and criminal

 2  investigative information received by a criminal justice

 3  agency prior to January 25, 1979, is exempt from s. 119.07(1)

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

 5  State Constitution.

 6         Section 8.  Paragraphs (k) and (l) of subsection (6) of

 7  section 119.07, Florida Statutes, are transferred,

 8  redesignated as paragraphs (m) and (n), respectively, of

 9  subsection (1) of section 119.071, Florida Statutes, and

10  amended to read:

11         119.071  General exemptions from inspection or copying

12  of public records.--

13         (1)  AGENCY PROCESSES.--

14         (m)(k)  Any information revealing the substance of a

15  confession of a person arrested is exempt from s. 119.07(1)

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

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

18  finally determined by adjudication, dismissal, or other final

19  disposition.

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

21  agency attorney (including an attorney employed or retained by

22  the agency or employed or retained by another public officer

23  or 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, that which reflects a mental impression,

26  conclusion, litigation strategy, or legal theory of the

27  attorney or the agency, and that which was prepared

28  exclusively for civil or criminal litigation or for

29  adversarial administrative proceedings, or that which was

30  prepared in anticipation of imminent civil or criminal

31  litigation or imminent adversarial administrative proceedings,

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 1  is exempt from s. 119.07(1) the provisions of subsection (1)

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

 3  conclusion of the litigation or adversarial administrative

 4  proceedings. For purposes of capital collateral litigation as

 5  set forth in s. 27.7001, the Attorney General's office is

 6  entitled to claim this exemption for those public records

 7  prepared for direct appeal as well as for all capital

 8  collateral litigation after direct appeal until execution of

 9  sentence or imposition of a life sentence.

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

11  public record to another public employee or officer of the

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

13  When asserting the right to withhold a public record pursuant

14  to this paragraph, the agency shall identify the potential

15  parties to any such criminal or civil litigation or

16  adversarial administrative proceedings.  If a court finds that

17  the document or other record has been improperly withheld

18  under this paragraph, the party seeking access to such

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

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

21  court.

22         Section 9.  Paragraph (ii) of subsection (6) of section

23  119.07, Florida Statutes, is transferred and redesignated as

24  paragraph (o) of subsection (1) of section 119.071, Florida

25  Statutes.

26         Section 10.  Paragraph (x) of subsection (6) of section

27  119.07, Florida Statutes, is transferred, redesignated as

28  paragraph (a) of subsection (2) of section 119.071, Florida

29  Statutes, and amended to read:

30         119.071  General exemptions from inspection or copying

31  of public records.--

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 1         (2)  AGENCY PERSONNEL IDENTIFYING INFORMATION.--

 2         (a)(x)1.  The social security numbers of all current

 3  and former agency employees which numbers are contained in

 4  agency employment records are exempt s. 119.07(1) from

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

 6  As used in this paragraph, the term "agency" means an agency

 7  as defined in s. 119.011.

 8         2.  An agency that is the custodian of a social

 9  security number specified in subparagraph 1. and that is not

10  the employing agency shall maintain the exempt status of the

11  social security number only if the employee or the employing

12  agency of the employee submits a written request for

13  confidentiality to the custodial agency. However, upon a

14  request by a commercial entity as provided in paragraph (3)(a)

15  s. 119.0721, the custodial agency shall release the last four

16  digits of the exempt social security number, except that a

17  social security number provided in a lien filed with the

18  Department of State shall be released in its entirety. This

19  subparagraph is subject to the Open Government Sunset Review

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

21  repealed on October 2, 2009, unless reviewed and saved from

22  repeal through reenactment by the Legislature.

23         Section 11.  Paragraph (v) of subsection (6) of section

24  119.07, Florida Statutes, is transferred, redesignated as

25  paragraph (b) of subsection (2) of section 119.071, Florida

26  Statutes, and amended to read:

27         119.071  General exemptions from inspection or copying

28  of public records.--

29         (2)  AGENCY PERSONNEL IDENTIFYING INFORMATION.--

30         (b)(v)  Medical information pertaining to a

31  prospective, current, or former officer or employee of an

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 1  agency which, if disclosed, would identify that officer or

 2  employee is exempt from s. 119.07(1) the provisions of

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

 4  However, such information may be disclosed if the person to

 5  whom the information pertains or the person's legal

 6  representative provides written permission or pursuant to

 7  court order.

 8         Section 12.  Paragraph (i) of subsection (6) of section

 9  119.07, Florida Statutes, is transferred, redesignated as

10  paragraph (c) of subsection (2) of section 119.071, Florida

11  Statutes, and amended to read:

12         119.071  General exemptions from inspection or copying

13  of public records.--

14         (2)  AGENCY PERSONNEL IDENTIFYING INFORMATION.--

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

16  security numbers, and photographs of active or former law

17  enforcement personnel, including correctional and correctional

18  probation officers, personnel of the Department of Children

19  and Family Services whose duties include the investigation of

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

21  activities, personnel of the Department of Health whose duties

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

23  and personnel of the Department of Revenue or local

24  governments whose responsibilities include revenue collection

25  and enforcement or child support enforcement; the home

26  addresses, telephone numbers, social security numbers,

27  photographs, and places of employment of the spouses and

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

29  schools and day care facilities attended by the children of

30  such personnel are exempt from s. 119.07(1) the provisions of

31  subsection (1). The home addresses, telephone numbers, and

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 1  photographs of firefighters certified in compliance with s.

 2  633.35; the home addresses, telephone numbers, photographs,

 3  and places of employment of the spouses and children of such

 4  firefighters; and the names and locations of schools and day

 5  care facilities attended by the children of such firefighters

 6  are exempt from s. 119.07(1) subsection (1). The home

 7  addresses and telephone numbers of justices of the Supreme

 8  Court, district court of appeal judges, circuit court judges,

 9  and county court judges; the home addresses, telephone

10  numbers, and places of employment of the spouses and children

11  of justices and judges; and the names and locations of schools

12  and day care facilities attended by the children of justices

13  and judges are exempt from s. 119.07(1) the provisions of

14  subsection (1). The home addresses, telephone numbers, social

15  security numbers, and photographs of current or former state

16  attorneys, assistant state attorneys, statewide prosecutors,

17  or assistant statewide prosecutors; the home addresses,

18  telephone numbers, social security numbers, photographs, and

19  places of employment of the spouses and children of current or

20  former state attorneys, assistant state attorneys, statewide

21  prosecutors, or assistant statewide prosecutors; and the names

22  and locations of schools and day care facilities attended by

23  the children of current or former state attorneys, assistant

24  state attorneys, statewide prosecutors, or assistant statewide

25  prosecutors are exempt from s. 119.07(1) subsection (1) and s.

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

27         2.  The home addresses, telephone numbers, social

28  security numbers, and photographs of current or former human

29  resource, labor relations, or employee relations directors,

30  assistant directors, managers, or assistant managers of any

31  local government agency or water management district whose

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 1  duties include hiring and firing employees, labor contract

 2  negotiation, administration, or other personnel-related

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

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

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

 6  locations of schools and day care facilities attended by the

 7  children of such personnel are exempt from s. 119.07(1)

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

 9  This subparagraph is subject to the Open Government Sunset

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

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

12  from repeal through reenactment by the Legislature.

13         3.  The home addresses, telephone numbers, social

14  security numbers, and photographs of current or former United

15  States attorneys and assistant United States attorneys; the

16  home addresses, telephone numbers, social security numbers,

17  photographs, and places of employment of the spouses and

18  children of current or former United States attorneys and

19  assistant United States attorneys; and the names and locations

20  of schools and day care facilities attended by the children of

21  current or former United States attorneys and assistant United

22  States attorneys are exempt from s. 119.07(1) subsection (1)

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

24  subparagraph is subject to the Open Government Sunset Review

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

26  repealed on October 2, 2009, unless reviewed and saved from

27  repeal through reenactment by the Legislature.

28         4.  The home addresses, telephone numbers, social

29  security numbers, and photographs of current or former judges

30  of United States Courts of Appeal, United States district

31  judges, and United States magistrate judges; the home

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 1  addresses, telephone numbers, social security numbers,

 2  photographs, and places of employment of the spouses and

 3  children of current or former judges of United States Courts

 4  of Appeal, United States district judges, and United States

 5  magistrate judges; and the names and locations of schools and

 6  day care facilities attended by the children of current or

 7  former judges of United States Courts of Appeal, United States

 8  district judges, and United States magistrate judges are

 9  exempt from s. 119.07(1) subsection (1) and s. 24(a), Art. I

10  of the State Constitution. This subparagraph is subject to the

11  Open Government Sunset Review Act of 1995 in accordance with

12  s. 119.15, and shall stand repealed on October 2, 2009, unless

13  reviewed and saved from repeal through reenactment by the

14  Legislature.

15         5.  The home addresses, telephone numbers, social

16  security numbers, and photographs of current or former code

17  enforcement officers; the names, home addresses, telephone

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

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

20  the names and locations of schools and day care facilities

21  attended by the children of such persons are exempt from s.

22  119.07(1) subsection (1) and s. 24(a), Art. I of the State

23  Constitution. This subparagraph is subject to the Open

24  Government Sunset Review Act of 1995 in accordance with s.

25  119.15, and shall stand repealed on October 2, 2006, unless

26  reviewed and saved from repeal through reenactment by the

27  Legislature.

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

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

30  subparagraph 3., subparagraph 4., or subparagraph 5., and that

31  is not the employer of the officer, employee, justice, judge,

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 1  or other person specified in subparagraph 1., subparagraph 2.,

 2  subparagraph 3., subparagraph 4., or subparagraph 5., shall

 3  maintain the exempt status of the personal information only if

 4  the officer, employee, justice, judge, other person, or

 5  employing agency of the designated employee submits a written

 6  request for maintenance of the exemption to the custodial

 7  agency.

 8         Section 13.  Subsections (1) through (11) of section

 9  119.0721, Florida Statutes, are transferred, redesignated as

10  paragraph (a) of subsection (3) of section 119.071, Florida

11  Statutes, and amended to read:

12         119.071  General exemptions from inspection or copying

13  of public records.--

14         (3)  OTHER PERSONAL IDENTIFYING INFORMATION.--

15         (a)(1)  Effective October 1, 2002, all social security

16  numbers held by an agency or its agents, employees, or

17  contractors are confidential and exempt from s. 119.07(1) and

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

19  applies to all social security numbers held by an agency and

20  its agents, employees, or contractors before, on, or after the

21  effective date of this exemption.

22         1.(2)  Social security numbers may be disclosed to

23  another governmental entity or its agents, employees, or

24  contractors if disclosure is necessary for the receiving

25  entity to perform its duties and responsibilities. The

26  receiving governmental entity and its agents, employees, and

27  contractors shall maintain the confidential and exempt status

28  of such numbers.

29         2.(3)  An agency shall not deny a commercial entity

30  engaged in the performance of a commercial activity as defined

31  in s. 14.203 or its agents, employees, or contractors access

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 1  to social security numbers, provided the social security

 2  numbers will be used only in the normal course of business for

 3  legitimate business purposes, and provided the commercial

 4  entity makes a written request for social security numbers,

 5  verified as provided in s. 92.525, legibly signed by an

 6  authorized officer, employee, or agent of the commercial

 7  entity.  The verified written request must contain the

 8  commercial entity's name, business mailing and location

 9  addresses, business telephone number, and a statement of the

10  specific purposes for which it needs the social security

11  numbers and how the social security numbers will be used in

12  the normal course of business for legitimate business

13  purposes. The aggregate of these requests shall serve as the

14  basis for the agency report required in subparagraph 6.

15  subsection (7).  An agency may request any other information

16  as may be reasonably necessary to verify the identity of the

17  entity requesting the social security numbers and the specific

18  purposes for which such numbers will be used; however, an

19  agency has no duty to inquire beyond the information contained

20  in the verified written request.  A legitimate business

21  purpose includes verification of the accuracy of personal

22  information received by a commercial entity in the normal

23  course of its business; use in a civil, criminal, or

24  administrative proceeding; use for insurance purposes; use in

25  law enforcement and investigation of crimes; use in

26  identifying and preventing fraud; use in matching, verifying,

27  or retrieving information; and use in research activities. A

28  legitimate business purpose does not include the display or

29  bulk sale of social security numbers to the general public or

30  the distribution of such numbers to any customer that is not

31  identifiable by the distributor.

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 1         3.(4)  Any person who makes a false representation in

 2  order to obtain a social security number pursuant to this

 3  paragraph section, or any person who willfully and knowingly

 4  violates the provisions of this paragraph section, commits a

 5  felony of the third degree, punishable as provided in s.

 6  775.082 or s. 775.083. Any public officer who violates any

 7  provision of this paragraph section is guilty of a noncriminal

 8  infraction, punishable by a fine not exceeding $500. A

 9  commercial entity that provides access to public records

10  containing social security numbers in accordance with this

11  paragraph section is not subject to the penalty provisions of

12  this subparagraph subsection.

13         (4)a.(5)(a)  On or after October 1, 2002, a no person

14  preparing or filing a document to be recorded in the official

15  records by the county recorder as provided for in chapter 28

16  may not include any person's social security number in that

17  document, unless otherwise expressly required by law.  If a

18  social security number is or has been included in a document

19  presented to the county recorder for recording in the official

20  records of the county before, on, or after October 1, 2002, it

21  may be made available as part of the official record available

22  for public inspection and copying.

23         b.(b)  Any person, or his or her attorney or legal

24  guardian, has the right to request that a county recorder

25  remove, from an image or copy of an official record placed on

26  a county recorder's publicly available Internet website or a

27  publicly available Internet website used by a county recorder

28  to display public records or otherwise made electronically

29  available to the general public by such recorder, his or her

30  social security number contained in that official record.

31  Such request must be made in writing, legibly signed by the

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 1  requester and delivered by mail, facsimile, or electronic

 2  transmission, or delivered in person, to the county recorder.

 3  The request must specify the identification page number that

 4  contains the social security number to be redacted.  The

 5  county recorder has shall have no duty to inquire beyond the

 6  written request to verify the identity of a person requesting

 7  redaction.  A No fee may not will be charged for the redaction

 8  of a social security number pursuant to such request.

 9         c. (c)  A county recorder shall immediately and

10  conspicuously post signs throughout his or her offices for

11  public viewing and; shall immediately and conspicuously post a

12  notice on any Internet website or remote electronic site made

13  available by the county recorder and used for the ordering or

14  display of official records or images or copies of official

15  records; and shall, prior to October 1, 2002, publish on two

16  separate dates in a newspaper of general circulation in the

17  county where the county recorder's office is located as

18  provided for in chapter 50, a notice, stating, in

19  substantially similar form, the following:

20         (I)1.  On or after October 1, 2002, any person

21  preparing or filing a document for recordation in the official

22  records may not include a social security number in such

23  document, unless required by law.

24         (II)2.  Any person has a right to request a county

25  recorder to remove, from an image or copy of an official

26  record placed on a county recorder's publicly available

27  Internet website or on a publicly available Internet website

28  used by a county recorder to display public records or

29  otherwise made electronically available to the general public,

30  any social security number contained in an official record.

31  Such request must be made in writing and delivered by mail,

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 1  facsimile, or electronic transmission, or delivered in person,

 2  to the county recorder. The request must specify the

 3  identification page number that contains the social security

 4  number to be redacted.  No fee will be charged for the

 5  redaction of a social security number pursuant to such a

 6  request.

 7         5.(6)  Beginning January 31, 2004, and each January 31

 8  thereafter, every agency must file a report with the Secretary

 9  of State, the President of the Senate, and the Speaker of the

10  House of Representatives listing the identity of all

11  commercial entities that have requested social security

12  numbers during the preceding calendar year and the specific

13  purpose or purposes stated by each commercial entity regarding

14  its need for social security numbers. If no disclosure

15  requests were made, the agency shall so indicate.

16         6.(7)  The Legislature acknowledges that the social

17  security number was never intended to be used for business

18  purposes but was intended to be used solely for the

19  administration of the federal Social Security System. The

20  Legislature is further aware that over time this unique

21  numeric identifier has been used extensively for identity

22  verification purposes and other legitimate consensual

23  purposes. The Legislature is also cognizant of the fact that

24  the social security number can be used as a tool to perpetuate

25  fraud against a person and to acquire sensitive personal,

26  financial, medical, and familial information, the release of

27  which could cause great financial or personal harm to an

28  individual. The Legislature intends to monitor the commercial

29  use of social security numbers held by state agencies in order

30  to maintain a balanced public policy.

31  

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 1         7.(8)  An agency may shall not collect an individual's

 2  social security number unless authorized by law to do so or

 3  unless the collection of the social security number is

 4  otherwise imperative for the performance of that agency's

 5  duties and responsibilities as prescribed by law. Social

 6  security numbers collected by an agency must be relevant to

 7  the purpose for which collected and must shall not be

 8  collected until and unless the need for social security

 9  numbers has been clearly documented. An agency that collects

10  social security numbers shall also segregate that number on a

11  separate page from the rest of the record, or as otherwise

12  appropriate, in order that the social security number be more

13  easily redacted, if required, pursuant to a public records

14  request. An agency collecting a person's social security

15  number shall, upon that person's request, at the time of or

16  prior to the actual collection of the social security number

17  by that agency, provide that person with a statement of the

18  purpose or purposes for which the social security number is

19  being collected and used. Social security numbers collected by

20  an agency may shall not be used by that agency for any purpose

21  other than the purpose stated. Social security numbers

22  collected by an agency prior to May 13, 2002, shall be

23  reviewed for compliance with this subparagraph subsection. If

24  the collection of a social security number prior to May 13,

25  2002, is found to be unwarranted, the agency shall immediately

26  discontinue the collection of social security numbers for that

27  purpose.

28         8.(9)  Any affected person may petition the circuit

29  court for an order directing compliance with this paragraph

30  section.

31  

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 1         9.(10)  The provisions of This paragraph does section

 2  do not supersede any other applicable public records

 3  exemptions existing prior to May 13, 2002, or created

 4  thereafter.

 5         10.(11)  This paragraph section is subject to the Open

 6  Government Sunset Review Act of 1995 in accordance with s.

 7  119.15, and shall stand repealed October 2, 2007, unless

 8  reviewed and saved from repeal through reenactment by the

 9  Legislature.2

10         Section 14.  Paragraph (j) of subsection (6) of section

11  119.07, Florida Statutes, is transferred, redesignated as

12  paragraph (b) of subsection (3) of section 119.071, Florida

13  Statutes, and amended to read:

14         119.071  General exemptions from inspection or copying

15  of public records.--

16         (3)  OTHER PERSONAL IDENTIFYING INFORMATION.--

17         (b)(j)  Any information provided to an agency of state

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

19  state for the purpose of forming ridesharing arrangements,

20  which information reveals the identity of an individual who

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

22  341.031, is exempt from s. 119.07(1) the provisions of

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

24         Section 15.  Paragraph (r) of subsection (6) of section

25  119.07, Florida Statutes, is transferred, redesignated as

26  paragraph (c) of subsection (3) of section 119.071, Florida

27  Statutes, and amended to read:

28         119.071  General exemptions from inspection or copying

29  of public records.--

30         (3)  OTHER PERSONAL IDENTIFYING INFORMATION.--

31  

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 1         (c)(r)  All records supplied by a telecommunications

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

 3  governmental agency which contain the name, address, and

 4  telephone number of subscribers are confidential and exempt

 5  from s. 119.07(1) the provisions of subsection (1) and s.

 6  24(a), Art. I of the State Constitution.

 7         Section 16.  Paragraph (u) of subsection (6) of section

 8  119.07, Florida Statutes, is transferred, redesignated as

 9  paragraph (d) of subsection (3) of section 119.071, Florida

10  Statutes, and amended to read:

11         119.071  General exemptions from inspection or copying

12  of public records.--

13         (3)  OTHER PERSONAL IDENTIFYING INFORMATION.--

14         (d)(u)  When Where the alleged victim chooses not to

15  file a complaint and requests that records of the complaint

16  remain confidential, all records relating to an allegation of

17  employment discrimination are confidential and exempt from s.

18  119.07(1) the provisions of subsection (1) and s. 24(a), Art.

19  I of the State Constitution.

20         Section 17.  Paragraph (s) of subsection (6) of section

21  119.07, Florida Statutes, is transferred, redesignated as

22  paragraph (e) of subsection (3) of section 119.071, Florida

23  Statutes, and amended to read:

24         119.071  General exemptions from inspection or copying

25  of public records.--

26         (3)  OTHER PERSONAL IDENTIFYING INFORMATION.--

27         (e)(s)1.  Any document that reveals the identity, home

28  or employment telephone number, home or employment address, or

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

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

31  any agency that regularly receives information from or

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 1  concerning the victims of crime, is exempt from s. 119.07(1)

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

 3  State Constitution. Any information not otherwise held

 4  confidential or exempt from s. 119.07(1) the provisions of

 5  subsection (1) which reveals the home or employment telephone

 6  number, home or employment address, or personal assets of a

 7  person who has been the victim of sexual battery, aggravated

 8  child abuse, aggravated stalking, harassment, aggravated

 9  battery, or domestic violence is exempt from s. 119.07(1) the

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

11  Constitution, upon written request by the victim, which must

12  include official verification that an applicable crime has

13  occurred. Such information shall cease to be exempt 5 years

14  after the receipt of the written request. Any state or federal

15  agency that is authorized to have access to such documents by

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

17  furtherance of such agency's statutory duties, notwithstanding

18  the provisions of this section.

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

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

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

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

23  847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which

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

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

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

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

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

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

30  described in this subparagraph, held by a law enforcement

31  agency, is confidential and exempt from s. 119.07(1)

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

 2  Any governmental agency that is authorized to have access to

 3  such statements by any provision of law shall be granted such

 4  access in the furtherance of the agency's statutory duties,

 5  notwithstanding the provisions of this section.

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

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

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

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

10  827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or

11  s. 847.0145, may not willfully and knowingly disclose

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

13  person who is not assisting in the investigation or

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

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

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

17  alleged offense. A person who violates this provision commits

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

19  s. 775.082 or s. 775.083.

20         Section 18.  Paragraph (gg) of subsection (6) of

21  section 119.07, Florida Statutes, is transferred, redesignated

22  as paragraph (f) of subsection (3) of section 119.071, Florida

23  Statutes, and amended to read:

24         119.071  General exemptions from inspection or copying

25  of public records.--

26         (3)  OTHER PERSONAL IDENTIFYING INFORMATION.--

27         (b)(gg)1.  Until January 1, 2006, if a social security

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

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

30  regular legislative session, or a complete bank account,

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

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

 2  passed during the 2002 regular legislative session, is or has

 3  been included in a court file, such number may be included as

 4  part of the court record available for public inspection and

 5  copying unless redaction is requested by the holder of such

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

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

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

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

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

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

12  written request to verify the identity of a person requesting

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

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

15  credit card number pursuant to such request.

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

17  recorded in the official records by the county recorder as

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

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

20  credit card number in that document unless otherwise expressly

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

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

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

24  the county recorder for recording in the official records of

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

26  official record available for public inspection and copying.

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

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

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

30  available Internet website, or a publicly available Internet

31  website used by a county recorder to display public records

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 1  outside the office or otherwise made electronically available

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

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

 4  charge, or credit card number contained in that official

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

 6  requester, and delivered by mail, facsimile, electronic

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

 8  must specify the identification page number of the document

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

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

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

12  may not be charged for redacting such numbers.

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

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

15  court or the county recorder with respect to circuit court

16  records and official records.

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

18  the circuit court and the county recorder must keep complete

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

20  provided for in paragraph (1)(b) (dd), and must keep social

21  security numbers confidential and exempt as provided for in

22  paragraph (a) s. 119.0721, without any person having to

23  request redaction.

24         Section 19.  Paragraph (bb) of subsection (6) of

25  section 119.07, Florida Statutes, is transferred, redesignated

26  as paragraph (g) of subsection (3) of section 119.071, Florida

27  Statutes, and amended to read:

28         119.071  General exemptions from inspection or copying

29  of public records.--

30         (3)  OTHER PERSONAL IDENTIFYING INFORMATION.--

31  

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 1         (g)(bb)  Medical history records and information

 2  related to health or property insurance provided to the

 3  Department of Community Affairs, the Florida Housing Finance

 4  Corporation, a county, a municipality, or a local housing

 5  finance agency by an applicant for or a participant in a

 6  federal, state, or local housing assistance program are

 7  confidential and exempt from s. 119.07(1) the provisions of

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

 9  Governmental entities or their agents shall have access to

10  such confidential and exempt records and information for the

11  purpose of auditing federal, state, or local housing programs

12  or housing assistance programs. Such confidential and exempt

13  records and information may be used in any administrative or

14  judicial proceeding, provided such records are kept

15  confidential and exempt unless otherwise ordered by a court.

16         Section 20.  Paragraph (jj) of subsection (6) of

17  section 119.07, Florida Statutes, is transferred, redesignated

18  as paragraph (h) of subsection (3) of section 119.071, Florida

19  Statutes, and amended to read:

20         119.071  General exemptions from inspection or copying

21  of public records.--

22         (3)  OTHER PERSONAL IDENTIFYING INFORMATION.--

23         119.07  Inspection and copying of records;

24  photographing public records; fees; exemptions.--

25         (h)(jj)  Any information that would identify or help to

26  locate a child who participates in government-sponsored

27  recreation programs or camps or the parents or guardians of

28  such child, including, but not limited to, the name, home

29  address, telephone number, social security number, or

30  photograph of the child; the names and locations of schools

31  attended by such child; and the names, home addresses, and

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 1  social security numbers of parents or guardians of such child

 2  is exempt from s. 119.07(1) subsection (1) and s. 24(a), Art.

 3  I of the State Constitution. Information made exempt pursuant

 4  to this paragraph may be disclosed by court order upon a

 5  showing of good cause. This exemption applies to records held

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

 7         Section 21.  Present section 119.071, Florida Statutes,

 8  is redesignated as paragraph (a) of subsection (4) of that

 9  section and amended to read:

10         119.071  General exemptions from inspection or copying

11  of public records.--

12         (4)  Security.--

13         (a)  A security system plan or portion thereof for:

14         1.(1)  Any property owned by or leased to the state or

15  any of its political subdivisions; or

16         2.(2)  Any privately owned or leased property

17  

18  which plan or portion thereof is held by any agency, as

19  defined in s. 119.011, is confidential and exempt from the

20  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

21  Constitution. As used in this paragraph section, the term a

22  "security system plan" includes all records, information,

23  photographs, audio and visual presentations, schematic

24  diagrams, surveys, recommendations, or consultations or

25  portions thereof relating directly to the physical security of

26  the facility or revealing security systems; threat assessments

27  conducted by any agency as defined in s. 119.011 or any

28  private entity; threat response plans; emergency evacuation

29  plans; sheltering arrangements; or manuals for security

30  personnel, emergency equipment, or security training. This

31  exemption is remedial in nature and it is the intent of the

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 1  Legislature that this exemption be applied to security system

 2  plans held by an agency before, on, or after the effective

 3  date of this paragraph section. Information made confidential

 4  and exempt by this paragraph section may be disclosed by the

 5  custodial agency to the property owner or leaseholder; or such

 6  information may be disclosed by the custodial agency to

 7  another state or federal agency to prevent, detect, guard

 8  against, respond to, investigate, or manage the consequences

 9  of any attempted or actual act of terrorism, or to prosecute

10  those persons who are responsible for such attempts or acts,

11  and the confidential and exempt status of such information

12  shall be retained while in the possession of the receiving

13  agency. This paragraph section is subject to the Open

14  Government Sunset Review Act of 1995, in accordance with s.

15  119.15, and shall stand repealed on October 2, 2006, unless

16  reviewed and saved from repeal through reenactment by the

17  Legislature.

18         Section 22.  Paragraphs (ee) and (ff) of subsection (6)

19  of section 119.07, Florida Statutes, are transferred,

20  redesignated as paragraphs (b) and (c), respectively, of

21  subsection (4) of section 119.071, Florida Statutes, and

22  amended to read:

23         119.071  General exemptions from inspection or copying

24  of public records.--

25         (4)  SECURITY.--

26         (b)(ee)  Building plans, blueprints, schematic

27  drawings, and diagrams, including draft, preliminary, and

28  final formats, which depict the internal layout and structural

29  elements of a building, arena, stadium, water treatment

30  facility, or other structure owned or operated by an agency as

31  defined in s. 119.011 are exempt from s. 119.07(1) the

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

 2  Constitution. This exemption applies to building plans,

 3  blueprints, schematic drawings, and diagrams, including draft,

 4  preliminary, and final formats, which depict the internal

 5  layout and structural elements of a building, arena, stadium,

 6  water treatment facility, or other structure owned or operated

 7  by an agency before, on, or after the effective date of this

 8  act. Information made exempt by this paragraph may be

 9  disclosed to another governmental entity if disclosure is

10  necessary for the receiving entity to perform its duties and

11  responsibilities; to a licensed architect, engineer, or

12  contractor who is performing work on or related to the

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

14  structure owned or operated by an agency; or upon a showing of

15  good cause before a court of competent jurisdiction.  The

16  entities or persons receiving such information shall maintain

17  the exempt status of the information. This paragraph is

18  subject to the Open Government Sunset Review Act of 1995 in

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

20  2, 2007, unless reviewed and reenacted by the Legislature.

21         (c)(ff)  Building plans, blueprints, schematic

22  drawings, and diagrams, including draft, preliminary, and

23  final formats, which depict the internal layout or structural

24  elements of an attractions and recreation facility,

25  entertainment or resort complex, industrial complex, retail

26  and service development, office development, or hotel or motel

27  development, which documents are held by an agency as defined

28  in s. 119.011, are exempt from s. 119.07(1) the provisions of

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

30  This exemption applies to any such documents held either

31  permanently or temporarily by an agency before or after the

                                  31

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 1  effective date of this act. Information made exempt by this

 2  paragraph may be disclosed to another governmental entity if

 3  disclosure is necessary for the receiving entity to perform

 4  its duties and responsibilities; to the owner or owners of the

 5  structure in question or the owner's legal representative; or

 6  upon a showing of good cause before a court of competent

 7  jurisdiction. As used in this paragraph, the term:

 8         1.  "Attractions and recreation facility" means any

 9  sports, entertainment, amusement, or recreation facility,

10  including, but not limited to, a sports arena, stadium,

11  racetrack, tourist attraction, amusement park, or pari-mutuel

12  facility that:

13         a.  For single-performance facilities:

14         (I)  Provides single-performance facilities; or

15         (II)  Provides more than 10,000 permanent seats for

16  spectators.

17         b.  For serial-performance facilities:

18         (I)  Provides parking spaces for more than 1,000 motor

19  vehicles; or

20         (II)  Provides more than 4,000 permanent seats for

21  spectators.

22         2.  "Entertainment or resort complex" means a theme

23  park comprised of at least 25 acres of land with permanent

24  exhibitions and a variety of recreational activities, which

25  has at least 1 million visitors annually who pay admission

26  fees thereto, together with any lodging, dining, and

27  recreational facilities located adjacent to, contiguous to, or

28  in close proximity to the theme park, as long as the owners or

29  operators of the theme park, or a parent or related company or

30  subsidiary thereof, has an equity interest in the lodging,

31  dining, or recreational facilities or is in privity therewith.

                                  32

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 1  Close proximity includes an area within a 5-mile radius of the

 2  theme park complex.

 3         3.  "Industrial complex" means any industrial,

 4  manufacturing, processing, distribution, warehousing, or

 5  wholesale facility or plant, as well as accessory uses and

 6  structures, under common ownership which:

 7         a.  Provides onsite parking for more than 250 motor

 8  vehicles;

 9         b.  Encompasses 500,000 square feet or more of gross

10  floor area; or

11         c.  Occupies a site of 100 acres or more, but excluding

12  wholesale facilities or plants that primarily serve or deal

13  onsite with the general public.

14         4.  "Retail and service development" means any retail,

15  service, or wholesale business establishment or group of

16  establishments which deals primarily with the general public

17  onsite and is operated under one common property ownership,

18  development plan, or management that:

19         a.  Encompasses more than 400,000 square feet of gross

20  floor area; or

21         b.  Provides parking spaces for more than 2,500 motor

22  vehicles.

23         5.  "Office development" means any office building or

24  park operated under common ownership, development plan, or

25  management that encompasses 300,000 or more square feet of

26  gross floor area.

27         6.  "Hotel or motel development" means any hotel or

28  motel development that accommodates 350 or more units.

29  

30  This exemption does not apply to comprehensive plans or site

31  plans, or amendments thereto, which are submitted for approval

                                  33

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 1  or which have been approved under local land development

 2  regulations, local zoning regulations, or

 3  development-of-regional-impact review.

 4         Section 23.  Paragraph (aa) of subsection (6) of

 5  section 119.07, Florida Statutes, is transferred, redesignated

 6  as section 119.07101, Florida Statutes, and amended to read:

 7         119.07101  Department of Highway Safety and Motor

 8  Vehicles; information exempted from inspection and copying.--

 9         (aa)  Personal information contained in a motor vehicle

10  record that identifies the subject of that record is exempt

11  from s. 119.07(1) subsection (1) and s. 24(a), Art. I of the

12  State Constitution except as provided in this section

13  paragraph. Personal information includes, but is not limited

14  to, the subject's social security number, driver

15  identification number, name, address, telephone number, and

16  medical or disability information. For purposes of this

17  section paragraph, personal information does not include

18  information relating to vehicular crashes, driving violations,

19  and driver's status. For purposes of this section paragraph,

20  the term "motor vehicle record" means any record that pertains

21  to a motor vehicle operator's permit, motor vehicle title,

22  motor vehicle registration, or identification card issued by

23  the Department of Highway Safety and Motor Vehicles. Personal

24  information contained in motor vehicle records exempted by

25  this section paragraph shall be released by the department for

26  any of the following uses:

27         (1)1.  For use in connection with matters of motor

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

29  motor vehicle product alterations, recalls, or advisories;

30  performance monitoring of motor vehicles and dealers by motor

31  vehicle manufacturers; and removal of nonowner records from

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 1  the original owner records of motor vehicle manufacturers, to

 2  carry out the purposes of the Automobile Information

 3  Disclosure Act, the Motor Vehicle Information and Cost Saving

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

 5  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

 6         (2)2.  For use by any government agency, including any

 7  court or law enforcement agency, in carrying out its

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

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

10  functions.

11         (3)3.  For use in connection with matters of motor

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

13  motor vehicle product alterations, recalls, or advisories;

14  performance monitoring of motor vehicles, motor vehicle parts,

15  and dealers; motor vehicle market research activities,

16  including survey research; and removal of nonowner records

17  from the original owner records of motor vehicle

18  manufacturers.

19         (4)4.  For use in the normal course of business by a

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

21  but only:

22         (a)a.  To verify the accuracy of personal information

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

24  employees, or contractors; and

25         (b)b.  If such information as so submitted is not

26  correct or is no longer correct, to obtain the correct

27  information, but only for the purposes of preventing fraud by,

28  pursuing legal remedies against, or recovering on a debt or

29  security interest against, the individual.

30  

31  

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 1         (5)5.  For use in connection with any civil, criminal,

 2  administrative, or arbitral proceeding in any court or agency

 3  or before any self-regulatory body for:

 4         (a)a.  Service of process by any certified process

 5  server, special process server, or other person authorized to

 6  serve process in this state.

 7         (b)b.  Investigation in anticipation of litigation by

 8  an attorney licensed to practice law in this state or the

 9  agent of the attorney; however, the information may not be

10  used for mass commercial solicitation of clients for

11  litigation against motor vehicle dealers.

12         (c)c.  Investigation by any person in connection with

13  any filed proceeding; however, the information may not be used

14  for mass commercial solicitation of clients for litigation

15  against motor vehicle dealers.

16         (d)d.  Execution or enforcement of judgments and

17  orders.

18         (e)e.  Compliance with an order of any court.

19         (6)6.  For use in research activities and for use in

20  producing statistical reports, so long as the personal

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

22  individuals.

23         (7)7.  For use by any insurer or insurance support

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

25  employees, or contractors, in connection with claims

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

27  underwriting.

28         (8)8.  For use in providing notice to the owners of

29  towed or impounded vehicles.

30         (9)9.  For use by any licensed private investigative

31  agency or licensed security service for any purpose permitted

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 1  under this section paragraph. Personal information obtained

 2  based on an exempt driver's record may not be provided to a

 3  client who cannot demonstrate a need based on a police report,

 4  court order, or a business or personal relationship with the

 5  subject of the investigation.

 6         (10)10.  For use by an employer or its agent or insurer

 7  to obtain or verify information relating to a holder of a

 8  commercial driver's license that is required under 49 U.S.C.

 9  ss. 31301 et seq.

10         (11)11.  For use in connection with the operation of

11  private toll transportation facilities.

12         (12)12.  For bulk distribution for surveys, marketing,

13  or solicitations when the department has obtained the express

14  consent of the person to whom such personal information

15  pertains.

16         (13)13.  For any use if the requesting person

17  demonstrates that he or she has obtained the written consent

18  of the person who is the subject of the motor vehicle record.

19         (14)14.  For any other use specifically authorized by

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

21  vehicle or public safety.

22         (15)15.  For any other use if the person to whom the

23  information pertains has given express consent on a form

24  prescribed by the department. Such consent shall remain in

25  effect until it is revoked by the person on a form prescribed

26  by the department.

27  

28  The restrictions on disclosure of personal information

29  provided by this section paragraph shall not in any way affect

30  the use of organ donation information on individual driver

31  licenses or nor affect the administration of organ donation

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 1  initiatives in this state. Personal information exempted from

 2  public disclosure according to this section paragraph may be

 3  disclosed by the Department of Highway Safety and Motor

 4  Vehicles to an individual, firm, corporation, or similar

 5  business entity whose primary business interest is to resell

 6  or redisclose the personal information to persons who are

 7  authorized to receive such information. Prior to the

 8  department's disclosure of personal information, such

 9  individual, firm, corporation, or similar business entity must

10  first enter into a contract with the department regarding the

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

12  ensure compliance with the federal Driver's Privacy Protection

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

14  of personal information contained in a motor vehicle record,

15  except a recipient under subsection (12) subparagraph 12., may

16  contract with the Department of Highway Safety and Motor

17  Vehicles to resell or redisclose the information for any use

18  permitted under this section paragraph. However, only

19  authorized recipients of personal information under subsection

20  (12) subparagraph 12. may resell or redisclose personal

21  information pursuant to subsection (12) subparagraph 12. Any

22  authorized recipient who resells or rediscloses personal

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

24  identifying each person or entity that receives the personal

25  information and the permitted purpose for which it will be

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

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

28  carry out the purposes of this section paragraph and the

29  federal Driver's Privacy Protection Act of 1994, 18 U.S.C. ss.

30  2721 et seq. Rules adopted by the department shall provide for

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

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 1  personal information pursuant to this section paragraph, shall

 2  require the meeting of conditions by the requesting person for

 3  the purposes of obtaining reasonable assurance concerning the

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

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

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

 7  personal information has been obtained. Such conditions may

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

 9  a written application in such form and containing such

10  information and certification requirements as the department

11  requires.

12         Section 24.  Paragraph (cc) of subsection (6) of

13  section 119.07, Florida Statutes, is transferred, redesignated

14  as section 119.07102, Florida Statutes, and amended to read:

15         119.07102  Department of Health; information exempted

16  from inspection and copying.--

17         (cc)  All personal identifying information; bank

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

19  contained in records relating to an individual's personal

20  health or eligibility for health-related services made or

21  received by the Department of Health or its service providers

22  are confidential and exempt from s. 119.07(1) the provisions

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

24  Constitution, except as otherwise provided in this section

25  paragraph.  Information made confidential and exempt by this

26  section paragraph shall be disclosed:

27         (1)1.  With the express written consent of the

28  individual or the individual's legally authorized

29  representative.

30         (2)2.  In a medical emergency, but only to the extent

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

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 1         (3)3.  By court order upon a showing of good cause.

 2         (4)4.  To a health research entity, if the entity seeks

 3  the records or data pursuant to a research protocol approved

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

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

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

 7  which are consistent with s. 119.07(4) subsection (4). The

 8  department may deny a request for records or data if the

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

10  been approved by a human studies institutional review board,

11  does not plan for the destruction of confidential records

12  after the research is concluded, is administratively

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

14  must restrict the release of any information that, which would

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

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

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

18  issued pursuant to this subsection subparagraph remain the

19  property of the department.

20  

21  This section paragraph is subject to the Open Government

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

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

24  saved from repeal through reenactment by the Legislature.

25         Section 25.  Paragraph (q) of subsection (6) of section

26  119.07, Florida Statutes, is transferred, redesignated as

27  subsection (1) of section 119.0711, Florida Statutes, and

28  amended to read:

29         119.0711  Exemptions from inspection or copying of

30  public records for executive branch agencies only.--

31  

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 1         (1)(q)  All complaints and other records in the custody

 2  of any agency in the executive branch of state government

 3  which relate to a complaint of discrimination relating to

 4  race, color, religion, sex, national origin, age, handicap, or

 5  marital status in connection with hiring practices, position

 6  classifications, salary, benefits, discipline, discharge,

 7  employee performance, evaluation, or other related activities

 8  are exempt from s. 119.07(1) the provisions of subsection (1)

 9  and s. 24(a), Art. I of the State Constitution until a finding

10  is made relating to probable cause, the investigation of the

11  complaint becomes inactive, or the complaint or other record

12  is made part of the official record of any hearing or court

13  proceeding.  This provision shall not affect any function or

14  activity of the Florida Commission on Human Relations.  Any

15  state or federal agency that which is authorized to have

16  access to such complaints or records by any provision of law

17  shall be granted such access in the furtherance of such

18  agency's statutory duties, notwithstanding s. 119.07 the

19  provisions of this section.

20         Section 26.  Paragraph (n) of subsection (6) of section

21  119.07, Florida Statutes, is transferred, redesignated as

22  subsection (2) of section 119.0711, Florida Statutes, and

23  amended to read:

24         119.0711  Exemptions from inspection or copying of

25  public records for executive branch agencies only.--

26         (2)(n)  When an agency of the executive branch of state

27  government seeks to acquire real property by purchase or

28  through the exercise of the power of eminent domain all

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

30  counteroffers must be in writing and are exempt from s.

31  119.07(1) the provisions of subsection (1) and s. 24(a), Art.

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 1  I of the State Constitution until execution of a valid option

 2  contract or a written offer to sell that has been

 3  conditionally accepted by the agency, at which time the

 4  exemption shall expire.  The agency may shall not finally

 5  accept the offer for a period of 30 days in order to allow

 6  public review of the transaction.  The agency may give

 7  conditional acceptance to any option or offer subject only to

 8  final acceptance by the agency after the 30-day review period.

 9  If a valid option contract is not executed, or if a written

10  offer to sell is not conditionally accepted by the agency,

11  then the exemption from the provisions of this chapter shall

12  expire at the conclusion of the condemnation litigation of the

13  subject property. An agency of the executive branch may exempt

14  title information, including names and addresses of property

15  owners whose property is subject to acquisition by purchase or

16  through the exercise of the power of eminent domain, from s.

17  119.07(1) the provisions of subsection (1) and s. 24(a), Art.

18  I of the State Constitution to the same extent as appraisals,

19  other reports relating to value, offers, and counteroffers.

20  For the purpose of this subsection paragraph, the term "option

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

22  branch of state government to purchase real property subject

23  to final agency approval.  This subsection has paragraph shall

24  have no application to other exemptions from s. 119.07(1) the

25  provisions of subsection (1) which are contained in other

26  provisions of law and may shall not be construed to be an

27  express or implied repeal thereof.

28         Section 27.  Paragraph (p) of subsection (6) of section

29  119.07, Florida Statutes, is transferred, redesignated as

30  subsection (1) of section 119.0712, Florida Statutes, and

31  amended to read:

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 1         119.0712  Exemptions from inspection or copying of

 2  public records for local government agencies.--

 3         (1)(p)  All complaints and other records in the custody

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

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

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

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

 8  financing of housing are exempt from s. 119.07(1) the

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

10  Constitution until a finding is made relating to probable

11  cause, the investigation of the complaint becomes inactive, or

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

13  record of any hearing or court proceeding.  This provision

14  shall not affect any function or activity of the Florida

15  Commission on Human Relations.  Any state or federal agency

16  that which is authorized to have access to such complaints or

17  records by any provision of law shall be granted such access

18  in the furtherance of such agency's statutory duties,

19  notwithstanding s. 119.07 the provisions of this section. This

20  subsection may paragraph shall not be construed to modify or

21  repeal any special or local act.

22         Section 28.  Paragraph (hh) of subsection (6) of

23  section 119.07, Florida Statutes, is transferred, redesignated

24  as subsection (2) of section 119.0712, Florida Statutes, and

25  amended to read:

26         119.0712  Exemptions from inspection or copying of

27  public records for local government agencies.--

28         (2)(hh)  All personal identifying information contained

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

30  governmental entities or their service providers for the

31  purpose of determining eligibility for paratransit services

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 1  under Title II of the Americans with Disabilities Act or

 2  eligibility for the transportation disadvantaged program as

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

 4  from s. 119.07(1) the provisions of subsection (1) and s.

 5  24(a), Art. I of the State Constitution, except as otherwise

 6  provided in this subsection herein. This exemption applies to

 7  personal identifying information contained in such records

 8  held by local governmental entities or their service providers

 9  before, on, or after the effective date of this exemption.

10  Information made confidential and exempt by this subsection

11  paragraph shall be disclosed:

12         (a)1.  With the express written consent of the

13  individual or the individual's legally authorized

14  representative;

15         (b)2.  In a medical emergency, but only to the extent

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

17         (c)3.  By court order upon a showing of good cause; or

18         (d)4.  For the purpose of determining eligibility for

19  paratransit services if the individual or the individual's

20  legally authorized representative has filed an appeal or

21  petition before an administrative body of a local government

22  or a court.

23         Section 29.  Paragraphs (y) and (z) of subsection (6)

24  of section 119.07, Florida Statutes, are transferred,

25  redesignated as subsections (3) and (4), respectively, of

26  section 119.0712, Florida Statutes, and amended to read:

27         119.0712  Exemptions from inspection or copying of

28  public records for local government agencies.--

29         (3)(y)  The audit report of an internal auditor

30  prepared for or on behalf of a unit of local government

31  becomes a public record when the audit becomes final.  As used

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 1  in this subsection paragraph, the term "unit of local

 2  government" means a county, municipality, special district,

 3  local agency, authority, consolidated city-county government,

 4  or any other local governmental body or public body corporate

 5  or politic authorized or created by general or special law.

 6  An audit becomes final when the audit report is presented to

 7  the unit of local government.  Audit workpapers and notes

 8  related to such audit report are confidential and exempt from

 9  s. 119.07(1) the provisions of subsection (1) and s. 24(a),

10  Art. I of the State Constitution until the audit is completed

11  and the audit report becomes final.

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

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

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

15  commodity, or tangible personal property to any customer or

16  prospective customer is shall be exempt from s. 119.07(1) the

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

18  Constitution. This exemption commences when a municipal

19  utility identifies in writing a specific bid to which it

20  intends to respond. This exemption no longer applies when the

21  contract for sale, distribution, or use of the service,

22  commodity, or tangible personal property is executed, a

23  decision is made not to execute such contract, or the project

24  is no longer under active consideration. The exemption in this

25  subsection paragraph includes the bid documents actually

26  furnished in response to the request for bids. However, the

27  exemption for the bid documents submitted no longer applies

28  after the bids are opened by the customer or prospective

29  customer.

30         Section 30.  Section 119.15, Florida Statutes, is

31  amended to read:

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 1         119.15  Legislative review of exemptions from public

 2  meeting and public records requirements.--

 3         (1)  This section may be cited as the "Open Government

 4  Sunset Review Act of 1995."

 5         (2)  This section provides for the review and repeal or

 6  reenactment of exemption to Art. I, of s. 24 of the State

 7  Constitution and s. automatic application of the policy of

 8  open government as provided in ss. 119.01 and 286.011 to

 9  certain exemptions from ss. 119.07(1) or s. and 286.011.  This

10  act does not apply to an exemption that:

11         (a)  Is required by federal law; or

12         (b)  Applies solely to the Legislature or the State

13  Court System. It is the intent of the Legislature that

14  exemptions to ss. 119.07(1) and 286.011 shall be created or

15  maintained only if:

16         (a)  The exempted record or meeting is of a sensitive,

17  personal nature concerning individuals;

18         (b)  The exemption is necessary for the effective and

19  efficient administration of a governmental program; or

20         (c)  The exemption affects confidential information

21  concerning an entity.

22  

23  Thus, the maintenance or creation of an exemption must be

24  compelled as measured by these criteria.  Further, the

25  Legislature finds that the public has a right to have access

26  to executive branch governmental meetings and records unless

27  the criteria in this section for restricting such access to a

28  public meeting or public record are met and the criteria are

29  considered during legislative review in connection with the

30  particular exemption to be significant enough to override the

31  strong public policy of open government. To strengthen the

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 1  policy of open government, the Legislature shall consider the

 2  criteria in this section before enacting future exemptions.

 3         (3)(a)  In the 5th year after enactment of a new

 4  exemption or substantial amendment of an existing exemption,

 5  the exemption shall be repealed repeal on October 2nd of the

 6  5th year, unless the Legislature acts to reenact the

 7  exemption.

 8         (4)(a)  A law that enacts a new exemption or

 9  substantially amends an existing exemption must:

10         1.  State the section in the Florida Statutes from

11  which it is exempt; and

12         2.  State that the exemption is repealed at the end of

13  5 years and that the exemption must be reviewed by the

14  Legislature before the scheduled repeal date.

15         (b)  For purposes of this section, an exemption is

16  substantially amended if the amendment expands the scope of

17  the exemption to include more records or information or to

18  include meetings as well as records.  An exemption is not

19  substantially amended if the amendment narrows the scope of

20  the exemption.

21         (c)  This section is not intended to repeal an

22  exemption that has been amended following legislative review

23  before the scheduled repeal of the exemption if the exemption

24  is not substantially amended as a result of the review.

25         (5)(d)  By June 1 in the year before the repeal of an

26  exemption under this section, the Division of Statutory

27  Revision of the Office of Legislative Services shall certify

28  to the President of the Senate and the Speaker of the House of

29  Representatives, by June 1, the language and statutory

30  citation of each exemption scheduled for repeal the following

31  

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 1  year which meets the criteria of an exemption as defined in

 2  this section.

 3         (b)  Any exemption that is not identified and certified

 4  to the President of the Senate and the Speaker of the House of

 5  Representatives is not subject to legislative review and

 6  repeal under this section.  If the division fails to certify

 7  an exemption that it subsequently determines should have been

 8  certified, it shall include the exemption in the following

 9  year's certification after that determination.

10         (e)  The term "exemption" means a provision of the

11  Florida Statutes which creates an exception to s. 119.07(1) or

12  s. 286.011 and which applies to the executive branch of state

13  government or to local government, but it does not include any

14  provision of a special law or local law.

15         (f)  An exemption that is required by federal law is

16  not subject to repeal under this section.

17         (g)  An exemption that applies solely to the

18  Legislature or the State Court System is not subject to repeal

19  under this section.

20         (6)(4)(a)  The Legislature shall review the exemption

21  before its scheduled repeal and consider As part of the review

22  process, the Legislature shall consider the following:

23         1.  What specific records or meetings are affected by

24  the exemption?

25         2.  Whom does the exemption uniquely affect, as opposed

26  to the general public?

27         3.  What is the identifiable public purpose or goal of

28  the exemption?

29         4.  Can the information contained in the records or

30  discussed in the meeting be readily obtained by alternative

31  means? If so, how?

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 1         (b)  An exemption may be created, revised or maintained

 2  only if it serves an identifiable public purpose, and the

 3  exemption may be no broader than is necessary to meet the

 4  public purpose it serves.  An identifiable public purpose is

 5  served if the exemption meets one of the following purposes

 6  and the Legislature finds that the purpose is sufficiently

 7  compelling to override the strong public policy of open

 8  government and cannot be accomplished without the exemption:

 9         1.  Allows the state or its political subdivisions to

10  effectively and efficiently administer a governmental program,

11  which administration would be significantly impaired without

12  the exemption;

13         2.  Protects information of a sensitive personal nature

14  concerning individuals, the release of which information would

15  be defamatory to such individuals or cause unwarranted damage

16  to the good name or reputation of such individuals or would

17  jeopardize the safety of such individuals. However, in

18  exemptions under this subparagraph, only information that

19  would identify the individuals may be exempted; or

20         3.  Protects information of a confidential nature

21  concerning entities, including, but not limited to, a formula,

22  pattern, device, combination of devices, or compilation of

23  information which is used to protect or further a business

24  advantage over those who do not know or use it, the disclosure

25  of which information would injure the affected entity in the

26  marketplace.

27         (7)(c)  Records made before the date of a repeal of an

28  exemption under this section may not be made public unless

29  otherwise provided by law.  In deciding whether the records

30  shall be made public, the Legislature shall consider whether

31  the damage or loss to persons or entities uniquely affected by

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 1  the exemption of the type specified in subparagraph (6)(b)2.

 2  (b)2. or subparagraph (6)(b)3. (b)3. would occur if the

 3  records were made public.

 4         (d)  An exemption that is created or revived and

 5  reenacted must contain uniform language that clearly states

 6  the section in the Florida Statutes from which it is exempt,

 7  s. 119.07(1) or s. 286.011.  The uniform language must also

 8  provide for the maximum public access to the meetings and

 9  records as is consistent with the purpose of the exemption.

10  An exemption that is created or substantially amended must

11  state that the exemption is repealed at the end of 5 years and

12  that the exemption must be reviewed by the Legislature before

13  the scheduled date of repeal.

14         (8)(e)  Notwithstanding s. 768.28 or any other law,

15  neither the state or its political subdivisions nor any other

16  public body shall be made party to any suit in any court or

17  incur any liability for the repeal or revival and reenactment

18  of an exemption under this section.  The failure of the

19  Legislature to comply strictly with this section does not

20  invalidate an otherwise valid reenactment.

21         Section 31.  Paragraph (w) of subsection (6) of section

22  119.07, Florida Statutes, is transferred, redesignated as

23  section 112.31891, Florida Statutes, and amended to read:

24         112.31891  Investigatory records.--

25         (1)(w)1.  If certified pursuant to subsection (2)

26  subparagraph 2., an investigatory record of the Chief

27  Inspector General within the Executive Office of the Governor

28  or of the employee designated by an agency head as the agency

29  inspector general under s. 112.3189 is exempt from s.

30  119.07(1) the provisions of subsection (1) and s. 24(a), Art.

31  I of the State Constitution until the registration ceases to

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 1  be active, or a report detailing the investigation is provided

 2  to the Governor or the agency head, or 60 days from the

 3  inception of the investigation for which the record was made

 4  or received, whichever first occurs. Investigatory records are

 5  those records that which are related to the investigation of

 6  an alleged, specific act or omission or other wrongdoing, with

 7  respect to an identifiable person or group of persons, based

 8  on information compiled by the Chief Inspector General or by

 9  an agency inspector general, as named under the provisions of

10  s. 112.3189, in the course of an investigation.  An

11  investigation is active if it is continuing with a reasonable,

12  good faith anticipation of resolution and with reasonable

13  dispatch.

14         (2)2.  The Governor, in the case of the Chief Inspector

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

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

17  that such investigatory records require an exemption to

18  protect the integrity of the investigation or avoid

19  unwarranted damage to an individual's good name or reputation.

20  The certification must shall specify the nature and purpose of

21  the investigation and shall be kept with the exempt records

22  and made public when the records are made public.

23         (3)3.  The provisions of This section does paragraph do

24  not apply to whistle-blower investigations conducted pursuant

25  to the provisions of ss. 112.3187, 112.3188, 112.3189, and

26  112.31895.

27         Section 32.  This act shall take effect October 1,

28  2005.

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises public-records and public-meetings laws.
      Reorganizes existing exemptions from public-records
 4    disclosure according to subject matter. Revises standards
      for review of public-records and public-meetings
 5    exemptions under the Open Government Sunset Review Act.
      (See bill for details.)
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