Amendment
Bill No. 1760
Amendment No. 649071
CHAMBER ACTION
Senate House
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1Representative(s) Vana offered the following:
2
3     Amendment
4     On page 2, line 9 through page 3 line 22,
5remove:  all of said lines
6
7and insert:
8     (d)(b)  A person who has custody of a public record who
9asserts that an exemption applies to a part of such record shall
10redact that portion of the record to which an exemption has been
11asserted and validly applies, and such person shall produce the
12remainder of such record for inspection and copying.
13     (e)(c)  If the person who has custody of a public record
14contends that all or part of the record is exempt from
15inspection and copying, he or she shall state the basis of the
16exemption that he or she contends is applicable to the record,
17including the statutory citation to an exemption created or
18afforded by statute.
19     (f)(d)  If requested by the person seeking to inspect or
20copy the record, the custodian of public records shall state in
21writing and with particularity the reasons for the conclusion
22that the record is exempt or confidential.
23     (g)(e)  In any civil action in which an exemption to this
24section is asserted, if the exemption is alleged to exist under
25or 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
27submitted to the court for an inspection in camera. If an
28exemption is alleged to exist under or by virtue of s.
29119.071(2)(c), an inspection in camera is discretionary with the
30court. If the court finds that the asserted exemption is not
31applicable, it shall order the public record or part thereof in
32question to be immediately produced for inspection or copying as
33requested by the person seeking such access.
34     (h)(f)  Even if an assertion is made by the custodian of
35public records that a requested record is not a public record
36subject to public inspection or copying under this subsection,
37the requested record shall, nevertheless, not be disposed of for
38a period of 30 days after the date on which a written request to
39inspect or copy the record was served on or otherwise made to
40the custodian of public records by the person seeking access to
41the record. If a civil action is instituted within the 30-day
42period to enforce the provisions of this section with respect to
43the requested record, the custodian of public records may not
44dispose of the record except by order of a court of competent
45jurisdiction after notice to all affected parties.
46     (i)(g)  The absence of a civil action instituted for the
47purpose stated in paragraph (g)(e) does not relieve the


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