| 1 | Representative(s) Vana offered the following: |
| 2 |
|
| 3 | Amendment (with directory and title amendments) |
| 4 | On page 2, line 8 through page 3 line 22, |
| 5 | remove: all of said lines: |
| 6 |
|
| 7 | and insert: |
| 8 |
|
| 9 | (d)(b) A person who has custody of a public record who |
| 10 | asserts that an exemption applies to a part of such record shall |
| 11 | redact that portion of the record to which an exemption has been |
| 12 | asserted and validly applies, and such person shall produce the |
| 13 | remainder of such record for inspection and copying. |
| 14 | (e)(c) If the person who has custody of a public record |
| 15 | contends that all or part of the record is exempt from |
| 16 | inspection and copying, he or she shall state the basis of the |
| 17 | exemption that he or she contends is applicable to the record, |
| 18 | including the statutory citation to an exemption created or |
| 19 | afforded by statute. |
| 20 | (f)(d) If requested by the person seeking to inspect or |
| 21 | copy the record, the custodian of public records shall state in |
| 22 | writing and with particularity the reasons for the conclusion |
| 23 | that the record is exempt or confidential. |
| 24 | (g)(e) In any civil action in which an exemption to this |
| 25 | section is asserted, if the exemption is alleged to exist under |
| 26 | or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or (f), or |
| 27 | (4)(c), the public record or part thereof in question shall be |
| 28 | submitted to the court for an inspection in camera. If an |
| 29 | exemption is alleged to exist under or by virtue of s. |
| 30 | 119.071(2)(c), an inspection in camera is discretionary with the |
| 31 | court. If the court finds that the asserted exemption is not |
| 32 | applicable, it shall order the public record or part thereof in |
| 33 | question to be immediately produced for inspection or copying as |
| 34 | requested by the person seeking such access. |
| 35 | (h)(f) Even if an assertion is made by the custodian of |
| 36 | public records that a requested record is not a public record |
| 37 | subject to public inspection or copying under this subsection, |
| 38 | the requested record shall, nevertheless, not be disposed of for |
| 39 | a period of 30 days after the date on which a written request to |
| 40 | inspect or copy the record was served on or otherwise made to |
| 41 | the custodian of public records by the person seeking access to |
| 42 | the record. If a civil action is instituted within the 30-day |
| 43 | period to enforce the provisions of this section with respect to |
| 44 | the requested record, the custodian of public records may not |
| 45 | dispose of the record except by order of a court of competent |
| 46 | jurisdiction after notice to all affected parties. |
| 47 | (i)(g) The absence of a civil action instituted for the |
| 48 | purpose stated in paragraph (g)(e) does not relieve the |