1 | Representative(s) Vana offered the following: |
2 |
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3 | Amendment |
4 | On page 2, line 9 through page 3 line 22, |
5 | remove: all of said lines |
6 |
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7 | and insert: |
8 | (d)(b) A person who has custody of a public record who |
9 | asserts that an exemption applies to a part of such record shall |
10 | redact that portion of the record to which an exemption has been |
11 | asserted and validly applies, and such person shall produce the |
12 | remainder of such record for inspection and copying. |
13 | (e)(c) If the person who has custody of a public record |
14 | contends that all or part of the record is exempt from |
15 | inspection and copying, he or she shall state the basis of the |
16 | exemption that he or she contends is applicable to the record, |
17 | including the statutory citation to an exemption created or |
18 | afforded by statute. |
19 | (f)(d) If requested by the person seeking to inspect or |
20 | copy the record, the custodian of public records shall state in |
21 | writing and with particularity the reasons for the conclusion |
22 | that the record is exempt or confidential. |
23 | (g)(e) In any civil action in which an exemption to this |
24 | section is asserted, if the exemption is alleged to exist under |
25 | or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or (f), or |
26 | (4)(c), the public record or part thereof in question shall be |
27 | submitted to the court for an inspection in camera. If an |
28 | exemption is alleged to exist under or by virtue of s. |
29 | 119.071(2)(c), an inspection in camera is discretionary with the |
30 | court. If the court finds that the asserted exemption is not |
31 | applicable, it shall order the public record or part thereof in |
32 | question to be immediately produced for inspection or copying as |
33 | requested by the person seeking such access. |
34 | (h)(f) Even if an assertion is made by the custodian of |
35 | public records that a requested record is not a public record |
36 | subject to public inspection or copying under this subsection, |
37 | the requested record shall, nevertheless, not be disposed of for |
38 | a period of 30 days after the date on which a written request to |
39 | inspect or copy the record was served on or otherwise made to |
40 | the custodian of public records by the person seeking access to |
41 | the record. If a civil action is instituted within the 30-day |
42 | period to enforce the provisions of this section with respect to |
43 | the requested record, the custodian of public records may not |
44 | dispose of the record except by order of a court of competent |
45 | jurisdiction after notice to all affected parties. |
46 | (i)(g) The absence of a civil action instituted for the |
47 | purpose stated in paragraph (g)(e) does not relieve the |