Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1346
                        Barcode 112144
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: RCS             .                    
       03/27/2007 03:12 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Judiciary (Villalobos) recommended the
12  following amendment:
13  
14         Senate Amendment 
15         On page 1, line 25, through page 8, line 23, delete
16  those lines
17  
18  and insert:  
19         Section 1.  Subsection (1) and paragraph (f) of
20  subsection (2) of section 119.01, Florida Statutes, are
21  amended to read:
22         119.01  General state policy on public records.--
23         (1)(a)  It is the policy of this state, consistent with
24  s. 24(a), Art. I of the State Constitution, that all state,
25  county, and municipal records made or received in connection
26  with the official business of any public body, officer, or
27  employee of the state, or persons acting on their behalf are
28  open for personal inspection and copying by any person unless:
29         1.  The record is exempt by statute;
30         2.  The record is confidential and exempt by statute;
31         3.  Access to the record is limited by court rule in
                                  1
    1:11 PM   03/23/07                              s1346.ju38.001

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1346 Barcode 112144 1 effect as of November 3, 1992, unless the rule or a provision 2 of the rule has been repealed; 3 4. Access to the record is limited by legislative rule; 4 or 5 5. The record is confidential pursuant to the State 6 Constitution. 7 (b) It is the responsibility of the Legislature to 8 provide laws governing the enforcement of the right of any 9 person to inspect or copy public records, including the 10 maintenance, control, destruction, disposal, and disposition 11 of public records. 12 (c) It Providing access to public records is a duty of 13 each agency to provide access to public records. 14 (2) 15 (f) Each agency that maintains a public record in an 16 electronic recordkeeping system shall provide to any person, 17 pursuant to this chapter, a copy of any public record in that 18 system which is not exempted by law from public disclosure or 19 made confidential by the State Constitution. An agency must 20 provide a copy of the record in the medium requested if the 21 agency maintains the record in that medium, and the agency may 22 charge a fee in accordance with this chapter. For the purpose 23 of satisfying a public records request, the fee to be charged 24 by an agency if it elects to provide a copy of a public record 25 in a medium not routinely used by the agency, or if it elects 26 to compile information not routinely developed or maintained 27 by the agency or that requires a substantial amount of 28 manipulation or programming, must be in accordance with s. 29 119.07(4). 30 Section 2. Section 119.011, Florida Statutes, is 31 amended to read: 2 1:11 PM 03/23/07 s1346.ju38.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1346 Barcode 112144 1 119.011 Definitions.--As used in this chapter, the 2 term: 3 (1) "Actual cost of duplication" means the cost of the 4 material and supplies used to duplicate the public record, but 5 does not include labor cost or overhead cost associated with 6 such duplication. 7 (2) "Agency" means any state, county, district, 8 authority, or municipal officer, department, division, board, 9 bureau, commission, or other separate unit of government 10 created or established by law including, for the purposes of 11 this chapter, the Commission on Ethics, the Public Service 12 Commission, and the Office of Public Counsel, and any other 13 public or private agency, person, partnership, corporation, or 14 business entity acting on behalf of any public agency. 15 (3) "Confidential and exempt" means information that 16 is protected by an exemption, that is not subject to 17 inspection, and that may be released only as specified by law. 18 (4)(3)(a) "Criminal intelligence information" means 19 information with respect to an identifiable person or group of 20 persons collected by a criminal justice agency in an effort to 21 anticipate, prevent, or monitor possible criminal activity. 22 (b) "Criminal investigative information" means 23 information with respect to an identifiable person or group of 24 persons compiled by a criminal justice agency in the course of 25 conducting a criminal investigation of a specific act or 26 omission, including, but not limited to, information derived 27 from laboratory tests, reports of investigators or informants, 28 or any type of surveillance. 29 (c) "Criminal intelligence information" and "criminal 30 investigative information" shall not include: 31 1. The time, date, location, and nature of a reported 3 1:11 PM 03/23/07 s1346.ju38.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1346 Barcode 112144 1 crime. 2 2. The name, sex, age, and address of a person 3 arrested or of the victim of a crime except as provided in s. 4 119.071(2)(h). 5 3. The time, date, and location of the incident and of 6 the arrest. 7 4. The crime charged. 8 5. Documents given or required by law or agency rule 9 to be given to the person arrested, except as provided in s. 10 119.071(2)(h), and, except that the court in a criminal case 11 may order that certain information required by law or agency 12 rule to be given to the person arrested be maintained in a 13 confidential manner and exempt from the provisions of s. 14 119.07(1) until released at trial if it is found that the 15 release of such information would: 16 a. Be defamatory to the good name of a victim or 17 witness or would jeopardize the safety of such victim or 18 witness; and 19 b. Impair the ability of a state attorney to locate or 20 prosecute a codefendant. 21 6. Informations and indictments except as provided in 22 s. 905.26. 23 (d) The word "active" shall have the following 24 meaning: 25 1. Criminal intelligence information shall be 26 considered "active" as long as it is related to intelligence 27 gathering conducted with a reasonable, good faith belief that 28 it will lead to detection of ongoing or reasonably anticipated 29 criminal activities. 30 2. Criminal investigative information shall be 31 considered "active" as long as it is related to an ongoing 4 1:11 PM 03/23/07 s1346.ju38.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1346 Barcode 112144 1 investigation which is continuing with a reasonable, good 2 faith anticipation of securing an arrest or prosecution in the 3 foreseeable future. 4 5 In addition, criminal intelligence and criminal investigative 6 information shall be considered "active" while such 7 information is directly related to pending prosecutions or 8 appeals. The word "active" shall not apply to information in 9 cases which are barred from prosecution under the provisions 10 of s. 775.15 or other statute of limitation. 11 (5)(4) "Criminal justice agency" means: 12 (a) Any law enforcement agency, court, or prosecutor; 13 (b) Any other agency charged by law with criminal law 14 enforcement duties; 15 (c) Any agency having custody of criminal intelligence 16 information or criminal investigative information for the 17 purpose of assisting such law enforcement agencies in the 18 conduct of active criminal investigation or prosecution or for 19 the purpose of litigating civil actions under the Racketeer 20 Influenced and Corrupt Organization Act, during the time that 21 such agencies are in possession of criminal intelligence 22 information or criminal investigative information pursuant to 23 their criminal law enforcement duties; or 24 (d) The Department of Corrections. 25 (6)(5) "Custodian of public records" means the elected 26 or appointed state, county, or municipal officer charged with 27 the responsibility of maintaining the office having public 28 records, or his or her designee. 29 (7)(6) "Data processing software" means the programs 30 and routines used to employ and control the capabilities of 31 data processing hardware, including, but not limited to, 5 1:11 PM 03/23/07 s1346.ju38.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1346 Barcode 112144 1 operating systems, compilers, assemblers, utilities, library 2 routines, maintenance routines, applications, and computer 3 networking programs. 4 (8)(7) "Duplicated copies" means new copies produced 5 by duplicating, as defined in s. 283.30. 6 (9) "Exempt" means information that is protected by an 7 exemption and that is not subject to inspection; however, a 8 custodian of public records is not prohibited from releasing 9 such information in all circumstances. The decision to release 10 exempt information must be based on a statutory provision or a 11 substantial policy need for disclosure or must be for a reason 12 that is consistent with the public purpose of the exemption. 13 (10)(8) "Exemption" means a provision of general law 14 which provides that a specified record or meeting, or portion 15 thereof, is not subject to the access requirements of s. 16 119.07(1), s. 286.011, or s. 24, Art. I of the State 17 Constitution. 18 (11)(9) "Information technology resources" means data 19 processing hardware and software and services, communications, 20 supplies, personnel, facility resources, maintenance, and 21 training. 22 (12)(10) "Proprietary software" means data processing 23 software that is protected by copyright or trade secret laws. 24 (13)(11) "Public records" means all documents, papers, 25 letters, maps, books, tapes, photographs, films, sound 26 recordings, data processing software, or other material, 27 regardless of the physical form, characteristics, or means of 28 transmission, made or received pursuant to law or ordinance or 29 in connection with the transaction of official business by any 30 agency. 31 (14)(12) "Redact" means to conceal from a copy of an 6 1:11 PM 03/23/07 s1346.ju38.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1346 Barcode 112144 1 original public record, or to conceal from an electronic image 2 that is available for public viewing, that portion of the 3 record containing exempt or confidential information. 4 (15)(13) "Sensitive," for purposes of defining 5 agency-produced software that is sensitive, means only those 6 portions of data processing software, including the 7 specifications and documentation, which are used to: 8 (a) Collect, process, store, and retrieve information 9 that is exempt from s. 119.07(1); 10 (b) Collect, process, store, and retrieve financial 11 management information of the agency, such as payroll and 12 accounting records; or 13 (c) Control and direct access authorizations and 14 security measures for automated systems. 15 Section 3. Paragraph (a) of subsection (2) and 16 subsection (6) of section 119.07, Florida Statutes, are 17 amended to read: 18 119.07 Inspection and copying of records; 19 photographing public records; fees; exemptions.-- 20 (2)(a) As an additional means of inspecting or copying 21 public records, a custodian of public records may provide 22 access to public records by remote electronic means, provided 23 exempt or confidential information is not disclosed, except as 24 otherwise provided by law. 25 (6) Nothing in this chapter shall be construed to 26 exempt from subsection (1) a public record that was made a 27 part of a court file and that is not specifically closed by 28 order of court, except as provided in s. 119.071(1)(d) and 29 (f), (2)(d),(e), and (f), and (4)(c) and except information or 30 records that may reveal the identity of a person who is a 31 victim of a sexual offense as provided in s. 119.071(2)(h). 7 1:11 PM 03/23/07 s1346.ju38.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1346 Barcode 112144 1 Section 4. Section 119.0714, Florida Statutes, is 2 created to read: 3 119.0714 Judicial branch exemptions from inspection or 4 copying of public records made a part of a court file.-- 5 (1) Nothing in this chapter shall be construed to 6 exempt from s. 119.07(1) and s. 24, Art. I of the State 7 Constitution a public record that was made a part of a court 8 file and that is not specifically closed by order of court, 9 except as provided in: 10 (a) s. 119.071(1)(d), which exempts a public record 11 that was prepared by an agency attorney that reflects a mental 12 impression, conclusion, litigation strategy, or other legal 13 theory and was prepared for certain purposes; 14 (b) s. 119.071(1)(f), which exempts data processing 15 software obtained by an agency under certain circumstances; 16 (c) s. 119.071(2)(d), which exempts any information 17 revealing surveillance techniques or procedures or personnel 18 and certain law enforcement resources, policies, or plans; 19 (d) s. 119.071(2)(e), which provides a limited 20 exemption for information revealing the substance of a 21 confession of an arrested person; 22 (e) s. 119.071(2)(f), which exempts any information 23 revealing the identity of a confidential informant or 24 confidential source; 25 (f) s. 119.071(2)(h), which exempts any criminal 26 intelligence information or criminal investigative information 27 that reveals the identity of the victim of certain crimes; 28 (g) s. 119.071(4)(c), which exempts any information 29 revealing undercover personnel of any criminal justice agency; 30 (h) s. 119.071(5)(a), which exempts social security 31 numbers; 8 1:11 PM 03/23/07 s1346.ju38.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1346 Barcode 112144 1 (i) s. 119.071(5)(b), which exempts bank account 2 numbers and debit, charge, and credit card numbers. 3 (2) This section has no application to exemptions not 4 contained in chapter 119 which may concern a public record 5 made part of a court file and may not be construed to be an 6 express or implied repeal thereof. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 1:11 PM 03/23/07 s1346.ju38.001