Florida Senate - 2010                                    SB 1598
       
       
       
       By Senator Dockery
       
       
       
       
       15-01342-10                                           20101598__
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         creating s. 119.001, F.S.; creating the “Open
    4         Government Act”; amending s. 119.01, F.S.; providing
    5         general principles of the act; amending s. 119.011,
    6         F.S.; defining the terms “actual cost to duplicate,”
    7         “exempt,” “confidential and exempt,” and “trade
    8         secret”; amending s. 119.07, F.S.; requiring that the
    9         custodian of a public record furnish a copy or
   10         certified copy of the record to the person requesting
   11         the record after payment of a designated fee;
   12         establishing fee lists for duplicating public records;
   13         providing that the actual cost to duplicate a record
   14         may be charged for certain specified records;
   15         authorizing an agency to reduce or waive a fee
   16         pursuant to consistent policies; transferring,
   17         renumbering, and amending s. 286.011, F.S.; requiring
   18         that all meetings of any collegial body of any agency
   19         at which an official act is taken be open to the
   20         public at all times except as otherwise provided in
   21         the State Constitution; providing that a resolution,
   22         rule, or formal action is not binding unless it is
   23         adopted or taken at a public meeting; requiring that
   24         an agency prepare minutes of a public meeting and make
   25         the minutes available to the public; prohibiting an
   26         agency from holding a public meeting at a facility or
   27         location that discriminates on the basis of sex, age,
   28         race, creed, color, origin, or economic status or
   29         operates in such a manner as to unreasonably restrict
   30         public access to the facility; transferring provisions
   31         governing court jurisdiction, penalties, and
   32         discussions of pending litigation involving a
   33         governmental entity; repealing s. 286.0111, F.S.,
   34         relating to the legislative review of certain
   35         exemptions from requirements for public meetings and
   36         recordkeeping by governmental entities; transferring,
   37         renumbering, and amending s. 286.0113, F.S.; providing
   38         that an agency may meet in private with the entity’s
   39         attorney to discuss pending litigation to which the
   40         entity is presently a party before a court or
   41         administrative agency; setting forth the conditions
   42         that must be followed during such a private
   43         discussion; transferring, renumbering, and amending s.
   44         286.012, F.S.; requiring that a member of a state,
   45         county, or municipal government board or agency vote
   46         on official business if he or she is present at a
   47         meeting of the body at which the official business,
   48         ruling, or other official act is to be decided;
   49         providing an exception if there appears to be a
   50         possible conflict of interest; transferring,
   51         renumbering, and amending s. 286.26, F.S.; providing
   52         that a person with a disability must have access to
   53         the facility where the public meeting is being held;
   54         amending s. 119.15, F.S.; providing for the repeal of
   55         a reenacted exemption in the 10th year after each
   56         reenactment unless the Legislature reenacts the
   57         exemption; transferring, renumbering, and amending s.
   58         119.10, F.S.; providing noncriminal and criminal
   59         penalties for violations of the public-records and
   60         public-meetings laws; transferring, renumbering, and
   61         amending s. 119.11, F.S.; providing that the circuit
   62         courts of this state have jurisdiction to issue
   63         injunctions to enforce the purposes of the public
   64         records and public-meetings laws; providing for
   65         immediate hearings; transferring, renumbering, and
   66         amending s. 119.12, F.S.; providing for attorney’s
   67         fees if the agency has denied or restricted access to
   68         public records or public meetings; amending ss.
   69         213.732, 282.711, 409.2558, and 921.0022, F.S.;
   70         conforming cross-references; providing an effective
   71         date.
   72  
   73         WHEREAS, an open and accessible government is the key to
   74  establishing and maintaining the people’s trust and confidence
   75  in their government and its ability to effectively serve its
   76  residents, and
   77         WHEREAS, the State of Florida has a long history of
   78  providing public access to the records and meetings of public
   79  entities, and
   80         WHEREAS, Florida must continually strive to be a national
   81  leader in open government reform, and
   82         WHEREAS, on June 19, 2007, Governor Charlie Crist created
   83  the Commission on Open Government Reform to review, evaluate,
   84  and issue recommendations regarding Florida’s public-records and
   85  public-meetings laws, and
   86         WHEREAS, the Commission on Open Government Reform received
   87  public testimony requesting the need for greater ease of access
   88  to public records and public meetings, the need to increase the
   89  respect with which our government agencies interact with state
   90  residents, and create a culture that will build the public’s
   91  trust and confidence in their government and its ability to
   92  serve the people, and
   93         WHEREAS, streamlining and clarifying applicable laws and
   94  policies will result in making government more open, accessible,
   95  and accountable to the residents of this state, NOW, THEREFORE,
   96  
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. Section 119.001, Florida Statutes, is created to
  100  read:
  101         119.001Short title.—This chapter may be cited as the “Open
  102  Government Act.”
  103         Section 2. Section 119.01, Florida Statutes, is amended to
  104  read:
  105         119.01 General state policy on public records; Open
  106  Government Bill of Rights.—
  107         (1) It is the policy of this state that all state, county,
  108  and municipal records are open for personal inspection and
  109  copying by any person. Providing access to public records is a
  110  duty of each agency.
  111         (2)(a)The Open Government Bill of Rights includes the
  112  following principles:
  113         1.Access to public records and public meetings are rights
  114  secured under this chapter and s. 24, Art. I of the State
  115  Constitution.
  116         2.Every person has the right to:
  117         a.Inspect or copy any public record that is made or
  118  received in connection with the official business of any public
  119  body, officer, or employee, unless the record is specifically
  120  exempt from this requirement.
  121         b.Attend any meeting of a collegial public body at which
  122  official public business is to be transacted or discussed,
  123  unless the meeting is specifically exempt from this requirement.
  124         3.Every person is entitled to be treated with respect,
  125  courtesy, and professionalism.
  126         4.A public-records request need not be made in writing
  127  unless otherwise explicitly required by law.
  128         5.An agency must promptly acknowledge the receipt of a
  129  public-records request.
  130         6.Fees to produce public records may not exceed the amount
  131  authorized by law. Every person has the right to receive an
  132  itemized invoice of the estimated cost to produce the public
  133  record that is requested.
  134         (b)All agencies must:
  135         1.Comply with the Open Government Bill of Rights for the
  136  purpose of safeguarding and protecting a resident’s right to
  137  access public records and meetings.
  138         2.Conspicuously post the Open Government Bill of Rights on
  139  the agency’s website and at the agency’s headquarters.
  140         3.Promptly acknowledge requests to inspect or copy public
  141  records.
  142         (c)If a specific statute requires that a request for a
  143  public record be made in writing, the statutory citation must be
  144  provided to the person requesting the public record.
  145         (d)An itemized invoice of the estimated cost to produce
  146  the requested public record must include the statutory citation
  147  that authorizes the imposition of fees and that is specifically
  148  related to the requested public record.
  149         (3)(2)(a) Automation of public records must not erode the
  150  right of access to those records. As each agency increases its
  151  use of and dependence on electronic recordkeeping, each agency
  152  must provide reasonable public access to records electronically
  153  maintained and must ensure that exempt or confidential records
  154  are not disclosed except as otherwise permitted by law.
  155         (b) When designing or acquiring an electronic recordkeeping
  156  system, an agency must consider whether such system is capable
  157  of providing data in some common format such as, but not limited
  158  to, the American Standard Code for Information Interchange.
  159         (c) An agency may not enter into a contract for the
  160  creation or maintenance of a public records database if that
  161  contract impairs the ability of the public to inspect or copy
  162  the public records of the agency, including public records that
  163  are online or stored in an electronic recordkeeping system used
  164  by the agency.
  165         (d) Subject to the restrictions of copyright and trade
  166  secret laws and public-records public records exemptions, agency
  167  use of proprietary software must not diminish the right of the
  168  public to inspect and copy a public record.
  169         (e) Providing access to public records by remote electronic
  170  means is an additional method of access that agencies should
  171  strive to provide to the extent feasible. If an agency provides
  172  access to public records by remote electronic means, such access
  173  should be provided in the most cost-effective and efficient
  174  manner available to the agency providing the information.
  175         (f) Each agency that maintains a public record in an
  176  electronic recordkeeping system shall provide to any person,
  177  pursuant to this chapter, a copy of any public record in that
  178  system which is not exempted by law from public disclosure. An
  179  agency must provide a copy of the record in the medium requested
  180  if the agency maintains the record in that medium, and the
  181  agency may charge a fee in accordance with this chapter. For the
  182  purpose of satisfying a public-records public records request,
  183  the fee to be charged by an agency if it elects to provide a
  184  copy of a public record in a medium not routinely used by the
  185  agency, or if it elects to compile information not routinely
  186  developed or maintained by the agency or that requires a
  187  substantial amount of manipulation or programming, must be in
  188  accordance with s. 119.07(4).
  189         (4)(3) If public funds are expended by an agency in payment
  190  of dues or membership contributions for any person, corporation,
  191  foundation, trust, association, group, or other organization,
  192  all the financial, business, and membership records of that
  193  person, corporation, foundation, trust, association, group, or
  194  other organization which pertain to the public agency are public
  195  records and subject to the provisions of s. 119.07.
  196         Section 3. Subsections (1) and (8) of section 119.011,
  197  Florida Statutes, are amended, and subsection (15) is added to
  198  that section, to read:
  199         119.011 Definitions.—As used in this chapter, the term:
  200         (1) “Actual cost to duplicate of duplication” means the
  201  actual direct cost of the agency’s resources used to comply with
  202  a public-records request, including the cost of materials and
  203  supplies, information technology resources, and staff costs as
  204  provided in this subsection.
  205         (a)Staff costs may be charged only for a public-record
  206  request that requires more than 30 minutes of the staff member’s
  207  time to complete. Staff costs must be calculated based on the
  208  base hourly rate of the lowest paid staff member who is capable
  209  of providing the requested public record, including the cost of
  210  any supervisory assistance.
  211         (b)For public records that are used, stored, or maintained
  212  electronically, if the person requesting the public record
  213  requests that the record be provided in a format that is not
  214  ordinarily used, stored, or maintained, the cost to produce or
  215  convert the information into the requested format may be
  216  calculated as part of the actual cost to duplicate cost of the
  217  material and supplies used to duplicate the public record, but
  218  does not include labor cost or overhead cost associated with
  219  such duplication.
  220         (8)(a) “Exemption” means a provision of general law which
  221  provides that a specified record or meeting, or portion thereof,
  222  is not subject to the access requirements of s. 119.07(1), s.
  223  119.13 s. 286.011, or s. 24, Art. I of the State Constitution.
  224         (b)“Exempt” and “confidential and exempt” mean that a
  225  specified record or meeting, or portion thereof, is not subject
  226  to the access requirements of s. 119.07(1), s. 119.13(1), or s.
  227  24, Art. I of the State Constitution, and that the record or
  228  record of the meeting may be released only to those persons and
  229  entities who are designated by law to view the record or attend
  230  the meeting.
  231         (15)“Trade secret” has the same meaning as provided in s.
  232  688.002.
  233         Section 4. Subsection (2), paragraph (d) of subsection (3),
  234  and subsections (4) and (7) of section 119.07, Florida Statutes,
  235  are amended to read:
  236         119.07 Inspection and copying of records; photographing
  237  public records; fees; exemptions.—
  238         (2)(a) As an additional means of inspecting or copying
  239  public records, a custodian of public records may provide access
  240  to public records by remote electronic means, provided exempt or
  241  confidential information is not disclosed.
  242         (b) The custodian of public records shall provide
  243  safeguards to protect the contents of public records from
  244  unauthorized remote electronic access or alteration and to
  245  prevent the disclosure or modification of those portions of
  246  public records which are exempt or confidential from subsection
  247  (1) or s. 24, Art. I of the State Constitution.
  248         (c)Unless otherwise required by law, the custodian of
  249  public records may charge a fee for remote electronic access,
  250  granted under a contractual arrangement with a user, which fee
  251  may include the direct and indirect costs of providing such
  252  access. Fees for remote electronic access provided to the
  253  general public shall be in accordance with the provisions of
  254  this section.
  255         (3)
  256         (d) Photographing of public records shall be done in the
  257  room where the public records are kept. If, in the judgment of
  258  the custodian of public records, this is impossible or
  259  impracticable, photographing shall be done in another room or
  260  place, as nearly adjacent as possible to the room where the
  261  public records are kept, to be determined by the custodian of
  262  public records. Where provision of another room or place for
  263  photographing is required, the expense of providing the same
  264  shall be paid by the person desiring to photograph the public
  265  record pursuant to paragraph (4)(d) (4)(e).
  266         (4) The custodian of public records shall furnish a copy or
  267  a certified copy of the public record when the person requesting
  268  the record pays the fee as provided in this section, or as
  269  otherwise specifically provided by law upon payment of the fee
  270  prescribed by law. If a fee is not prescribed by law, the
  271  following fees are authorized:
  272         (a) For duplicated copies of documents that are sized 14
  273  inches by 8 1/2 inches or less:
  274         1. Up to 15 cents per page for each one-sided copy. for
  275  duplicated copies of not more than 14 inches by 8 1/2 inches;
  276         2. Up to 20 cents per page for each No more than an
  277  additional 5 cents for each two-sided copy.; and
  278         3. Up to $1 for each duplicated copy requested to be
  279  certified For all other copies, the actual cost of duplication
  280  of the public record.
  281         (b) The actual cost to duplicate may be charged for:
  282         1.Duplicated copies of documents that are sized larger
  283  than 14 inches by 8 1/2 inches. The charge for
  284         2. Copies of county maps or aerial photographs supplied by
  285  county constitutional officers may also include a reasonable
  286  charge for the labor and overhead associated with their
  287  duplication.
  288         3.Copies of public records that are electronically used,
  289  stored, or maintained by an agency, including any cost to
  290  convert or export the record into the electronic format
  291  requested.
  292         (c) An agency may reduce or waive the fees provided in this
  293  section for a valid public purpose, including nonprofit
  294  activities and academic research. The agency must develop and
  295  implement consistent policies regarding any fee reductions or
  296  waivers charge up to $1 per copy for a certified copy of a
  297  public record.
  298         (d)If the nature or volume of public records requested to
  299  be inspected or copied pursuant to this subsection is such as to
  300  require extensive use of information technology resources or
  301  extensive clerical or supervisory assistance by personnel of the
  302  agency involved, or both, the agency may charge, in addition to
  303  the actual cost of duplication, a special service charge, which
  304  shall be reasonable and shall be based on the cost incurred for
  305  such extensive use of information technology resources or the
  306  labor cost of the personnel providing the service that is
  307  actually incurred by the agency or attributable to the agency
  308  for the clerical and supervisory assistance required, or both.
  309         (d)(e)1. Where provision of another room or place is
  310  necessary to photograph public records, the expense of providing
  311  the records same shall be paid by the person desiring to
  312  photograph the public records.
  313         2. The custodian of public records may charge the person
  314  making the photographs for supervision services at a rate of
  315  compensation to be agreed upon by the person desiring to make
  316  the photographs and the custodian of public records. If they
  317  fail to agree as to the appropriate charge, the charge shall be
  318  determined by the custodian of public records.
  319         (7) An exemption from this section does not imply an
  320  exemption from s. 119.13(1) s. 286.011. The exemption from s.
  321  119.13(1) s. 286.011 must be expressly provided.
  322         Section 5. Section 286.011, Florida Statutes, is
  323  transferred, renumbered as section 119.13, Florida Statutes, and
  324  amended to read:
  325         119.13 286.011 Public meetings and records of meetings;
  326  access to public meetings inspection; criminal and civil
  327  penalties.—
  328         (1) Except as otherwise provided in the State Constitution,
  329  all meetings of any collegial body of any agency board or
  330  commission of any state agency or authority or of any agency or
  331  authority of any county, municipal corporation, or political
  332  subdivision, except as otherwise provided in the Constitution,
  333  at which official acts are to be taken are declared to be public
  334  meetings open to the public at all times. A, and no resolution,
  335  rule, or formal action is not shall be considered binding unless
  336  it is adopted or taken at a public meeting except as taken or
  337  made at such meeting. The agency board or commission must
  338  provide reasonable notice of all such meetings.
  339         (2) The agency shall ensure that minutes of a public
  340  meeting are taken and of any such board or commission of any
  341  such state agency or authority shall be promptly recorded.
  342  Meeting minutes, and such records shall be open to public
  343  inspection. The circuit courts of this state shall have
  344  jurisdiction to issue injunctions to enforce the purposes of
  345  this section upon application by any citizen of this state.
  346         (3)(a)Any public officer who violates any provision of
  347  this section is guilty of a noncriminal infraction, punishable
  348  by fine not exceeding $500.
  349         (b)Any person who is a member of a board or commission or
  350  of any state agency or authority of any county, municipal
  351  corporation, or political subdivision who knowingly violates the
  352  provisions of this section by attending a meeting not held in
  353  accordance with the provisions hereof is guilty of a misdemeanor
  354  of the second degree, punishable as provided in s. 775.082 or s.
  355  775.083.
  356         (c)Conduct which occurs outside the state which would
  357  constitute a knowing violation of this section is a misdemeanor
  358  of the second degree, punishable as provided in s. 775.082 or s.
  359  775.083.
  360         (4)Whenever an action has been filed against any board or
  361  commission of any state agency or authority or any agency or
  362  authority of any county, municipal corporation, or political
  363  subdivision to enforce the provisions of this section or to
  364  invalidate the actions of any such board, commission, agency, or
  365  authority, which action was taken in violation of this section,
  366  and the court determines that the defendant or defendants to
  367  such action acted in violation of this section, the court shall
  368  assess a reasonable attorney’s fee against such agency, and may
  369  assess a reasonable attorney’s fee against the individual filing
  370  such an action if the court finds it was filed in bad faith or
  371  was frivolous. Any fees so assessed may be assessed against the
  372  individual member or members of such board or commission;
  373  provided, that in any case where the board or commission seeks
  374  the advice of its attorney and such advice is followed, no such
  375  fees shall be assessed against the individual member or members
  376  of the board or commission. However, this subsection shall not
  377  apply to a state attorney or his or her duly authorized
  378  assistants or any officer charged with enforcing the provisions
  379  of this section.
  380         (5)Whenever any board or commission of any state agency or
  381  authority or any agency or authority of any county, municipal
  382  corporation, or political subdivision appeals any court order
  383  which has found said board, commission, agency, or authority to
  384  have violated this section, and such order is affirmed, the
  385  court shall assess a reasonable attorney’s fee for the appeal
  386  against such board, commission, agency, or authority. Any fees
  387  so assessed may be assessed against the individual member or
  388  members of such board or commission; provided, that in any case
  389  where the board or commission seeks the advice of its attorney
  390  and such advice is followed, no such fees shall be assessed
  391  against the individual member or members of the board or
  392  commission.
  393         (3)(6)An agency may not hold All persons subject to
  394  subsection (1) are prohibited from holding meetings at any
  395  facility or location that: which
  396         (a) Discriminates on the basis of sex, age, race, creed,
  397  color, origin, or economic status; or which
  398         (b) Operates in such a manner as to unreasonably restrict
  399  public access to the such a facility.
  400         (7)Whenever any member of any board or commission of any
  401  state agency or authority or any agency or authority of any
  402  county, municipal corporation, or political subdivision is
  403  charged with a violation of this section and is subsequently
  404  acquitted, the board or commission is authorized to reimburse
  405  said member for any portion of his or her reasonable attorney’s
  406  fees.
  407         (8)Notwithstanding the provisions of subsection (1), any
  408  board or commission of any state agency or authority or any
  409  agency or authority of any county, municipal corporation, or
  410  political subdivision, and the chief administrative or executive
  411  officer of the governmental entity, may meet in private with the
  412  entity’s attorney to discuss pending litigation to which the
  413  entity is presently a party before a court or administrative
  414  agency, provided that the following conditions are met:
  415         (a)The entity’s attorney shall advise the entity at a
  416  public meeting that he or she desires advice concerning the
  417  litigation.
  418         (b)The subject matter of the meeting shall be confined to
  419  settlement negotiations or strategy sessions related to
  420  litigation expenditures.
  421         (c)The entire session shall be recorded by a certified
  422  court reporter. The reporter shall record the times of
  423  commencement and termination of the session, all discussion and
  424  proceedings, the names of all persons present at any time, and
  425  the names of all persons speaking. No portion of the session
  426  shall be off the record. The court reporter’s notes shall be
  427  fully transcribed and filed with the entity’s clerk within a
  428  reasonable time after the meeting.
  429         (d)The entity shall give reasonable public notice of the
  430  time and date of the attorney-client session and the names of
  431  persons who will be attending the session. The session shall
  432  commence at an open meeting at which the persons chairing the
  433  meeting shall announce the commencement and estimated length of
  434  the attorney-client session and the names of the persons
  435  attending. At the conclusion of the attorney-client session, the
  436  meeting shall be reopened, and the person chairing the meeting
  437  shall announce the termination of the session.
  438         (e)The transcript shall be made part of the public record
  439  upon conclusion of the litigation.
  440         Section 6. Section 286.0111, Florida Statutes, is repealed.
  441         Section 7. Section 286.0113, Florida Statutes, is
  442  transferred, renumbered as section 119.131, Florida Statutes,
  443  and amended to read:
  444         119.131 286.0113Public meetings General exemptions from
  445  public meetings.—
  446         (1) SECURITY SYSTEM PLANS.—That portion of a meeting that
  447  would reveal a security system plan or portion thereof made
  448  confidential and exempt by s. 119.071(3)(a) is exempt from s.
  449  119.13(1) s. 286.011 and s. 24(b), Art. I of the State
  450  Constitution.
  451         (2) COMPETITIVE PROCUREMENTS.—
  452         (a) A meeting at which a negotiation with a vendor is
  453  conducted pursuant to s. 287.057(3) is exempt from s. 119.13(1)
  454  s. 286.011 and s. 24(b), Art. I of the State Constitution.
  455         (b)1. A complete recording shall be made of any meeting
  456  made exempt in paragraph (a). No portion of the meeting may be
  457  held off the record.
  458         2. The recording required under subparagraph 1. is exempt
  459  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  460  until such time as the agency provides notice of a decision or
  461  intended decision pursuant to s. 120.57(3)(a) or until 20 days
  462  after the final competitive sealed replies are all opened,
  463  whichever occurs earlier.
  464         3. If the agency rejects all sealed replies, the recording
  465  remains exempt from s. 119.07(1) and s. 24(a), Art. I of the
  466  State Constitution until such time as the agency provides notice
  467  of a decision or intended decision pursuant to s. 120.57(3)(a)
  468  concerning the reissued invitation to negotiate or until the
  469  agency withdraws the reissued invitation to negotiate. A
  470  recording is not exempt for longer than 12 months after the
  471  initial agency notice rejecting all replies.
  472         (c) This subsection is subject to the Open Government
  473  Sunset Review Act in accordance with s. 119.15 and shall stand
  474  repealed on October 2, 2011, unless reviewed and saved from
  475  repeal through reenactment by the Legislature.
  476         (3)PENDING LITIGATION.—Notwithstanding s. 119.13(1), any
  477  board or commission of any state agency or authority or any
  478  agency or authority of any county, municipal corporation, or
  479  political subdivision, and the chief administrative or executive
  480  officer of the governmental entity, may meet in private with the
  481  entity’s attorney to discuss pending litigation to which the
  482  entity is presently a party before a court or administrative
  483  agency if the following conditions are met:
  484         (a) The entity’s attorney must advise the entity at a
  485  public meeting that he or she desires advice concerning the
  486  litigation.
  487         (b) The subject matter of the meeting must be confined to
  488  settlement negotiations or strategy sessions that are related to
  489  litigation expenditures.
  490         (c) The entire session must be recorded by a certified
  491  court reporter. The reporter shall record the times of
  492  commencement and termination of the session, all discussion and
  493  proceedings, the names of all persons present at any time, and
  494  the names of all persons speaking. Any portion of the session
  495  may not be made off the record. The court reporter’s notes shall
  496  be fully transcribed and filed with the entity’s clerk within a
  497  reasonable time after the meeting.
  498         (d) The entity must give reasonable public notice of the
  499  time and date of the attorney-client session and the names of
  500  persons who will be attending the session. The session shall
  501  commence at an open meeting at which the persons chairing the
  502  meeting shall announce the commencement and estimated length of
  503  the attorney-client session and the names of the persons
  504  attending. At the conclusion of the attorney-client session, the
  505  meeting shall be reopened, and the person chairing the meeting
  506  shall announce the termination of the session.
  507         (e) The transcript must be made part of the public record
  508  upon conclusion of the litigation.
  509         Section 8. Section 286.012, Florida Statutes, is
  510  transferred, renumbered as section 119.132, Florida Statutes,
  511  and amended to read:
  512         119.132 286.012 Voting requirement at meetings of
  513  governmental bodies.—
  514         (1)A No member of any state, county, or municipal
  515  governmental board, commission, or agency who is present at any
  516  meeting of any such body at which an official decision, ruling,
  517  or other official act is to be taken or adopted may not abstain
  518  from voting in regard to any such decision, ruling, or act.; and
  519         (2) A vote shall be recorded or counted for each such
  520  member present, except when, with respect to any such member,
  521  there is, or appears to be, a possible conflict of interest
  522  under the provisions of s. 112.311, s. 112.313, or s. 112.3143.
  523  In such cases, the said member shall comply with the disclosure
  524  requirements of s. 112.3143.
  525         Section 9. Section 286.26, Florida Statutes, is
  526  transferred, renumbered as section 119.133, Florida Statutes,
  527  and amended to read:
  528         119.133 286.26 Accessibility of public meetings to a person
  529  with a disability the physically handicapped.—
  530         (1) Whenever any board or commission of any state agency or
  531  authority, or of any agency or authority of any county,
  532  municipal corporation, or other political subdivision, which has
  533  scheduled a meeting at which official acts are to be taken
  534  receives, at least 48 hours before prior to the meeting, a
  535  written request by a physically handicapped person with a
  536  disability to attend the meeting, directed to the chairperson or
  537  director of the such board, commission, agency, or authority,
  538  such chairperson or director shall provide a manner by which the
  539  such person with a disability may attend the meeting at its
  540  scheduled site or reschedule the meeting to a site that which
  541  would be accessible to the such person with a disability.
  542         (2) If the an affected handicapped person with a disability
  543  objects in the written request, nothing contained in the
  544  provisions of this section does not permit shall be construed or
  545  interpreted to permit the use of human physical assistance to
  546  the person with a disability physically handicapped in lieu of
  547  the construction or use of ramps or other mechanical devices in
  548  order to comply with the provisions of this section.
  549         Section 10. Subsections (2), (3), and (4) of section
  550  119.15, Florida Statutes, are amended to read:
  551         119.15 Legislative review of exemptions from public meeting
  552  and public records requirements.—
  553         (2) This section provides for the review and repeal or
  554  reenactment of an exemption from s. 24, Art. I of the State
  555  Constitution and s. 119.07(1) or s. 119.13(1) s. 286.011. This
  556  act does not apply to an exemption that:
  557         (a) Is required by federal law; or
  558         (b) Applies solely to the Legislature or the State Court
  559  System.
  560         (3)(a) In the 5th year after enactment of a new exemption
  561  or substantial amendment of an existing exemption, the exemption
  562  shall be repealed on October 2nd of the 5th year, unless the
  563  Legislature acts to reenact the exemption.
  564         (b)In the 10th year after reenactment, the exemption shall
  565  be repealed on October 2nd of the 10th year, unless the
  566  Legislature acts to reenact the exemption.
  567         (4)(a) A law that enacts a new exemption or substantially
  568  amends an existing exemption must state that the record or
  569  meeting is:
  570         1. Exempt from s. 24, Art. I of the State Constitution;
  571         2. Exempt from s. 119.07(1) or s. 119.13(1) s. 286.011; and
  572         3. Repealed at the end of 5 years and that the exemption
  573  must be reviewed by the Legislature before the scheduled repeal
  574  date, and every 10 years thereafter.
  575         (b) For purposes of this section, an exemption is
  576  substantially amended if the amendment expands the scope of the
  577  exemption to include more records or information or to include
  578  meetings as well as records. An exemption is not substantially
  579  amended if the amendment narrows the scope of the exemption.
  580         (c) This section is not intended to repeal an exemption
  581  that has been amended following legislative review before the
  582  scheduled repeal of the exemption if the exemption is not
  583  substantially amended as a result of the review.
  584         Section 11. Section 119.10, Florida Statutes, is
  585  transferred, renumbered as section 119.20, Florida Statutes, and
  586  amended to read:
  587         119.20 119.10 Violation of public-records and public
  588  meetings requirements chapter; penalties.—
  589         (1) Any person public officer who violates:
  590         (a) Violates Any provision of this chapter; or
  591         (b)Any other law that relates to access to public records
  592  or public meetings, including those that limit public access to
  593  such records or meetings,
  594  
  595  commits a noncriminal infraction, punishable by fine not
  596  exceeding $500.
  597         (2)(b)Any person who willfully and knowingly violates the
  598  provisions of s. 119.07(1) or s. 119.13(1) is subject to
  599  suspension and removal or impeachment and, in addition, commits
  600  a misdemeanor of the first degree, punishable as provided in s.
  601  775.082 or s. 775.083.
  602         (3)(2) Any person who willfully and knowingly violates:
  603         (a) Any of the provisions of this chapter; or
  604         (b)Any other law that relates to access to public records
  605  or public meetings, including those that limit public access to
  606  such records or meetings,
  607  
  608  commits a misdemeanor of the first degree, punishable as
  609  provided in s. 775.082 or s. 775.083.
  610         (4)(b)Any person who willfully and knowingly violates
  611  section 119.105 commits a felony of the third degree, punishable
  612  as provided in s. 775.082, s. 775.083, or s. 775.084.
  613         (5)Conduct that occurs outside the state which would
  614  constitute a knowing violation of this chapter is a misdemeanor
  615  of the second degree, punishable as provided in s. 775.082 or s.
  616  775.083.
  617         Section 12. Section 119.11, Florida Statutes, is
  618  transferred, renumbered as section 119.21, Florida Statutes, and
  619  amended to read:
  620         119.21 119.11 Accelerated hearing; immediate compliance.—
  621         (1)(a)The circuit courts of this state have jurisdiction
  622  to issue injunctions to enforce the purposes of this chapter
  623  upon application by any person.
  624         (b) Whenever an action is filed to enforce the provisions
  625  of this chapter, the court shall set an immediate hearing,
  626  giving the case priority over other pending cases.
  627         (2) Whenever a court orders an agency to open its records
  628  for inspection in accordance with this chapter, the agency shall
  629  comply with the such order within 48 hours, unless otherwise
  630  provided by the court issuing the such order, or unless the
  631  appellate court issues a stay order within the such 48-hour
  632  period.
  633         (3) The court may not issue a stay order shall not be
  634  issued unless it the court determines that there is a
  635  substantial probability that opening the records for inspection
  636  will result in significant damage.
  637         (4) Upon service of a complaint, counterclaim, or cross
  638  claim in a civil action brought to enforce the provisions of
  639  this chapter, the custodian of the public record that is the
  640  subject matter of the such civil action may shall not transfer
  641  custody, alter, destroy, or otherwise dispose of the public
  642  record sought to be inspected and examined, notwithstanding the
  643  applicability of an exemption or the assertion that the
  644  requested record is not a public record subject to inspection
  645  and examination under s. 119.07(1), until the court directs
  646  otherwise. The person who has custody of the such public record
  647  may, however, at any time permit inspection of the requested
  648  record as provided in s. 119.07(1) and other provisions of law.
  649         Section 13. Section 119.12, Florida Statutes, is
  650  transferred, renumbered as section 119.22, Florida Statutes, and
  651  amended to read:
  652         119.22 119.12 Attorney’s fees.—If a civil action is filed
  653  against an agency to enforce the provisions of this chapter or
  654  any other law that relates to access to public records or public
  655  meetings, including those that restrict public access to such
  656  records or meetings, and if the court determines that the such
  657  agency violated such provision unlawfully refused to permit a
  658  public record to be inspected or copied, the court shall assess
  659  and award, against the agency responsible, the reasonable costs
  660  of enforcement including reasonable attorney’s attorneys’ fees
  661  at trial and on appeal.
  662         Section 14. Subsection (7) of section 213.732, Florida
  663  Statutes, is amended to read:
  664         213.732 Jeopardy findings and assessments.—
  665         (7) If the department proceeds to seize or freeze the
  666  assets of a taxpayer upon a determination of jeopardy, the
  667  taxpayer shall have a right to a meeting with the department, as
  668  provided by subsection (3), immediately or within 24 hours after
  669  requesting such meeting. The department shall, within 24 hours
  670  after such meeting, determine whether to release the seizure or
  671  freeze. If the department does not release such seizure or
  672  freeze of property, the taxpayer shall have a right to request a
  673  hearing within 5 days before the circuit court, at which hearing
  674  the taxpayer and the department may present evidence with
  675  respect to the issue of jeopardy. Venue in such an action shall
  676  lie in the county in which the seizure was effected or, if there
  677  are multiple seizures based upon the same assessment, venue
  678  shall also lie in Leon County. Whenever an action is filed to
  679  seek review of a jeopardy finding under this subsection, the
  680  court shall set an immediate hearing and shall give the case
  681  priority over other pending cases other than those filed
  682  pursuant to s. 119.21 s. 119.11.
  683         Section 15. Section 282.711, Florida Statutes, is amended
  684  to read:
  685         282.711 Remote electronic access services.—The department
  686  may collect fees for providing remote electronic access pursuant
  687  to s. 119.07(4) s. 119.07(2). The fees may be imposed on
  688  individual transactions or as a fixed subscription for a
  689  designated period of time. All fees collected under this section
  690  shall be deposited in the appropriate trust fund of the program
  691  or activity that made the remote electronic access available.
  692         Section 16. Paragraph (a) of subsection (3) of section
  693  409.2558, Florida Statutes, is amended to read:
  694         409.2558 Support distribution and disbursement.—
  695         (3) UNDISTRIBUTABLE COLLECTIONS.—
  696         (a) The department shall establish by rule the method for
  697  determining a collection or refund to be undistributable to the
  698  final intended recipient. Before determining a collection or
  699  refund to be undistributable, the department shall make
  700  reasonable efforts to locate persons to whom collections or
  701  refunds are owed so that payment can be made. Location efforts
  702  may include disclosure through a searchable database of the
  703  names of obligees, obligors, and depository account numbers on
  704  the Internet in compliance with the requirements of s.
  705  119.01(3)(a) s. 119.01(2)(a).
  706         Section 17. Paragraph (c) of subsection (3) of section
  707  921.0022, Florida Statutes, is amended to read:
  708         921.0022 Criminal Punishment Code; offense severity ranking
  709  chart.—
  710         (3) OFFENSE SEVERITY RANKING CHART
  711         (c) LEVEL 3
  712  FloridaStatute    FelonyDegree                Description                
  713  119.20(4)119.10(2)(b)3rd     Unlawful use of confidential information from police reports.
  714  316.066(6)(b)-(d) 3rd     Unlawfully obtaining or using confidential crash reports.
  715  316.193(2)(b)     3rd     Felony DUI, 3rd conviction.                
  716  316.1935(2)       3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  717  319.30(4)         3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  718  319.33(1)(a)      3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  719  319.33(1)(c)      3rd     Procure or pass title on stolen vehicle.   
  720  319.33(4)         3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  721  327.35(2)(b)      3rd     Felony BUI.                                
  722  328.05(2)         3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  723  328.07(4)         3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  724  376.302(5)        3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  725  379.2431(1)(e)5.  3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  726  379.2431(1)(e)6.  3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  727  400.9935(4)       3rd     Operating a clinic without a license or filing false license application or other required information.
  728  440.1051(3)       3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  729  501.001(2)(b)     2nd     Tampers with a consumer product or the container using materially false/misleading information.
  730  624.401(4)(a)     3rd     Transacting insurance without a certificate of authority.
  731  624.401(4)(b)1.   3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  732  626.902(1)(a) & (b)3rd     Representing an unauthorized insurer.      
  733  697.08            3rd     Equity skimming.                           
  734  790.15(3)         3rd     Person directs another to discharge firearm from a vehicle.
  735  796.05(1)         3rd     Live on earnings of a prostitute.          
  736  806.10(1)         3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  737  806.10(2)         3rd     Interferes with or assaults firefighter in performance of duty.
  738  810.09(2)(c)      3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  739  812.014(2)(c)2.   3rd     Grand theft; $5,000 or more but less than $10,000.
  740  812.0145(2)(c)    3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  741  815.04(4)(b)      2nd     Computer offense devised to defraud or obtain property.
  742  817.034(4)(a)3.   3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  743  817.233           3rd     Burning to defraud insurer.                
  744  817.234(8)(b)-(c) 3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  745  817.234(11)(a)    3rd     Insurance fraud; property value less than $20,000.
  746  817.236           3rd     Filing a false motor vehicle insurance application.
  747  817.2361          3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  748  817.413(2)        3rd     Sale of used goods as new.                 
  749  817.505(4)        3rd     Patient brokering.                         
  750  828.12(2)         3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  751  831.28(2)(a)      3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  752  831.29            2nd     Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  753  838.021(3)(b)     3rd     Threatens unlawful harm to public servant. 
  754  843.19            3rd     Injure, disable, or kill police dog or horse.
  755  860.15(3)         3rd     Overcharging for repairs and parts.        
  756  870.01(2)         3rd     Riot; inciting or encouraging.             
  757  893.13(1)(a)2.    3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  758  893.13(1)(d)2.    2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
  759  893.13(1)(f)2.    2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
  760  893.13(6)(a)      3rd     Possession of any controlled substance other than felony possession of cannabis.
  761  893.13(7)(a)8.    3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  762  893.13(7)(a)9.    3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  763  893.13(7)(a)10.   3rd     Affix false or forged label to package of controlled substance.
  764  893.13(7)(a)11.   3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  765  893.13(8)(a)1.    3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  766  893.13(8)(a)2.    3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  767  893.13(8)(a)3.    3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  768  893.13(8)(a)4.    3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  769  918.13(1)(a)      3rd     Alter, destroy, or conceal investigation evidence.
  770  944.47(1)(a)1.-2. 3rd     Introduce contraband to correctional facility.
  771  944.47(1)(c)      2nd     Possess contraband while upon the grounds of a correctional institution.
  772  985.721           3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  773         Section 18. This act shall take effect July 1, 2010.