ENROLLED

2008 LegislatureCS for SB 2224

20082224er

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An act relating to a review under the Open Government

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Sunset Review Act; amending s. 119.011, F.S.; defining the

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term "paratransit" for purposes of the public records law;

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amending s. 119.071, F.S.; expanding an exemption from

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public-records requirements which is provided for

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information identifying an applicant for or a recipient of

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paratransit services so that the exemption applies to all

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agencies; providing for future legislative review of the

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exemption under the Open Government Sunset Review Act;

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repealing s. 119.0713(2), F.S., relating to the prior

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exemption provided for such information; providing a

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statement of public necessity; repealing s. 2 of chapter

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2003-110, Laws of Florida; deleting provisions providing

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for repeal of the exemption; amending ss. 257.34 and  

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257.35, F.S.; conforming cross-references; providing an

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effective date.

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

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     Section 1.  Present subsections (10), (11), (12), and (13)

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of section 119.011, Florida Statutes, are renumbered as

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subsections (11), (12), (13), and (14), respectively, and a new

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subsection (10) is added to that section. to read:

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     119.011  Definitions.--As used in this chapter, the term:

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     (10) "Paratransit" has the same meaning as provided in s.

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427.011.

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     Section 2.  Paragraph (h) is added to subsection (5) of

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section 119.071, Florida Statutes, to read:

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     119.071  General exemptions from inspection or copying of

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public records.--

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     (5)  OTHER PERSONAL INFORMATION.--

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     (h)1. Personal identifying information of an applicant for

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or a recipient of paratransit services which is held by an agency

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is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

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of the State Constitution.

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     2. This exemption applies to personal identifying

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information of an applicant for or a recipient of paratransit

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services which is held by an agency before, on, or after the

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effective date of this exemption.

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     3. Confidential and exempt personal identifying information

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shall be disclosed:

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     a. With the express written consent of the individual or

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the individual's legally authorized representative;

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     b. In a medical emergency, but only to the extent that is

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necessary to protect the health or life of the individual;

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     c. By court order upon a showing of good cause; or

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     d. To another agency in the performance of its duties and

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responsibilities.

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     4. This paragraph is subject to the Open Government Sunset

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Review Act in accordance with s. 119.15, and shall stand repealed

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on October 2, 2013, unless reviewed and saved from repeal through

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reenactment by the Legislature.

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     Section 3. Subsection (2) of section 119.0713, Florida

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Statutes, is repealed.

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     Section 4. The Legislature finds that it is a public

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necessity that personal identifying information of an applicant

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for or recipient of paratransit services be made confidential and

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exempt from public-records requirements. Paratransit services

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include transportation services for persons who, because of

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physical or mental disability, income status, or age, are unable

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to transport themselves and are, therefore, dependent upon others

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to obtain access to health care, employment, education, shopping,

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social activities, or other life-sustaining activities.

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Paratransit services also include transportation services for

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children who are handicapped, such as the developmentally

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disabled, and children who are at high-risk or at-risk, such as

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children who are victims of child abuse or neglect. As such,

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information provided to an agency would be personal, sensitive

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information related to a person's physical or mental health or

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income status. Matters of personal health are traditionally

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private and confidential concerns between a patient and a health

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care provider. The private and confidential nature of personal

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health matters pervades both the public and private health care

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sectors. For this reason, a person's expectation of a right to

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privacy in all matters regarding his or her personal health

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necessitates the exemption. Furthermore, the exemption ensures

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the protection of the identity of an applicant for or recipient

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of paratransit services. If the identifying information was not

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protected, the administration of paratransit services would be

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significantly impaired because applicants would be less inclined

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to apply for those services due to the fact that the identifying

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information would be made available to the public, which would

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cause an unwarranted invasion into the life and privacy of

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applicants for and recipients of the services. Thus, the number

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of recipients would significantly decrease. As a result, the

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effective administration of paratransit services would be

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impaired.

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     Section 5. Section 2 of chapter 2003-110, Laws of Florida

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is repealed.

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     Section 6.  Subsection (1) of section 257.34, Florida

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Statutes, is amended to read:

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     257.34  Florida International Archive and Repository.--

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     (1)  There is created within the Division of Library and

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Information Services of the Department of State the Florida

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International Archive and Repository for the preservation of

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those public records, as defined in s. 119.011 s. 119.011(11),

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manuscripts, international judgments involving disputes between

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domestic and foreign businesses, and all other public matters

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that the department or the Florida Council of International

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Development deems relevant to international issues. It is the

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duty and responsibility of the division to:

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     (a)  Organize and administer the Florida International

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Archive and Repository.

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     (b)  Preserve and administer records that are transferred to

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its custody; accept, arrange, and preserve them, according to

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approved archival and repository practices; and permit them, at

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reasonable times and under the supervision of the division, to be

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inspected and copied. All public records transferred to the

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custody of the division are subject to the provisions of s.

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119.07(1).

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     (c)  Assist the records and information management program

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in the determination of retention values for records.

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     (d)  Cooperate with and assist, insofar as practicable,

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state institutions, departments, agencies, counties,

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municipalities, and individuals engaged in internationally

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related activities.

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     (e)  Provide a public research room where, under rules

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established by the division, the materials in the international

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archive and repository may be studied.

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     (f)  Conduct, promote, and encourage research in

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international trade, government, and culture and maintain a

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program of information, assistance, coordination, and guidance

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for public officials, educational institutions, libraries, the

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scholarly community, and the general public engaged in such

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research.

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     (g)  Cooperate with and, insofar as practicable, assist

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agencies, libraries, institutions, and individuals in projects

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concerned with internationally related issues and preserve

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original materials relating to internationally related issues.

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     (h)  Assist and cooperate with the records and information

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management program in the training and information program

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described in s. 257.36(1)(g).

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     Section 7.  Subsection (1) of section 257.35, Florida

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Statutes, is amended to read:

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     257.35  Florida State Archives.--

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     (1)  There is created within the Division of Library and

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Information Services of the Department of State the Florida State

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Archives for the preservation of those public records, as defined

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in s. 119.011 s. 119.011(11), manuscripts, and other archival

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material that have been determined by the division to have

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sufficient historical or other value to warrant their continued

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preservation and have been accepted by the division for deposit

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in its custody. It is the duty and responsibility of the division

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to:

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     (a)  Organize and administer the Florida State Archives.

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     (b)  Preserve and administer such records as shall be

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transferred to its custody; accept, arrange, and preserve them,

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according to approved archival practices; and permit them, at

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reasonable times and under the supervision of the division, to be

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inspected and copied. All public records transferred to the

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custody of the division shall be subject to the provisions of s.

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119.07(1), except that any public record or other record provided

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by law to be confidential or prohibited from inspection by the

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public shall be made accessible only after a period of 50 years

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from the date of the creation of the record. Any nonpublic

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manuscript or other archival material which is placed in the

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keeping of the division under special terms and conditions, shall

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be made accessible only in accordance with such law terms and

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conditions and shall be exempt from the provisions of s.

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119.07(1) to the extent necessary to meet the terms and

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conditions for a nonpublic manuscript or other archival material.

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     (c)  Assist the records and information management program

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in the determination of retention values for records.

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     (d)  Cooperate with and assist insofar as practicable state

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institutions, departments, agencies, counties, municipalities,

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and individuals engaged in activities in the field of state

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archives, manuscripts, and history and accept from any person any

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paper, book, record, or similar material which in the judgment of

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the division warrants preservation in the state archives.

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     (e)  Provide a public research room where, under rules

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established by the division, the materials in the state archives

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may be studied.

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     (f)  Conduct, promote, and encourage research in Florida

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history, government, and culture and maintain a program of

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information, assistance, coordination, and guidance for public

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officials, educational institutions, libraries, the scholarly

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community, and the general public engaged in such research.

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     (g)  Cooperate with and, insofar as practicable, assist

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agencies, libraries, institutions, and individuals in projects

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designed to preserve original source materials relating to

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Florida history, government, and culture and prepare and publish

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handbooks, guides, indexes, and other literature directed toward

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encouraging the preservation and use of the state's documentary

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resources.

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     (h)  Encourage and initiate efforts to preserve, collect,

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process, transcribe, index, and research the oral history of

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Florida government.

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     (i)  Assist and cooperate with the records and information

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management program in the training and information program

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described in s. 257.36(1)(g).

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     Section 8.  This act shall take effect October 1, 2008.

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