Florida Senate - 2013                             CS for SB 1004
       By the Committee on Governmental Oversight and Accountability;
       and Senator Brandes
       585-03446-13                                          20131004c1
    1                        A bill to be entitled                      
    2         An act relating to public data; providing definitions;
    3         requiring each agency to submit an inventory in its
    4         custody to specified persons; specifying the
    5         information that must be included in each inventory;
    6         authorizing the Department of State to use fees
    7         collected and deposited in the Records Management
    8         Trust Fund for certain purposes; granting rulemaking
    9         authority to the department; providing an effective
   10         date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Public data inventory.—
   15         (1) As used in this section, the term:
   16         (a) “Agency” means any committee, unit, or office of the
   17  legislative branch of government as described in chapter 11,
   18  Florida Statutes, any commission, unit, or office of the
   19  executive branch of government as described in chapter 14,
   20  Florida Statutes, and any agency as described in chapter 20,
   21  Florida Statutes.
   22         (b) “Department” means the Department of State.
   23         (c) “Public data” means any document, paper, letter, map,
   24  book, tape, photograph, film, sound recording, data processing
   25  software, or other material, regardless of the physical form,
   26  characteristics, or means of transmission, made or received
   27  pursuant to law or in connection with the transaction of
   28  official business by an agency.
   29         (2) Each agency shall submit an inventory of all public
   30  data in its custody to the President of the Senate, the Speaker
   31  of the House of Representatives, and the Secretary of State by
   32  January 1, 2014, and every 6 months thereafter. The department
   33  may develop guidelines for the processing and submission of
   34  public data inventories. Each inventory shall include the
   35  following information for each type or category of data held by
   36  the agency:
   37         (a) A description of the data, including a record layout.
   38         (b) The format, source, quality, and accuracy of the data.
   39         (c) Whether the data is currently available to the public
   40  without a public records request, and, if it is available, the
   41  format and venue in which it is available.
   42         (d) A description of data not currently available to the
   43  public without a public records request, but which the agency
   44  recommends be made publicly available.
   45         (e) A description of all data that is confidential or
   46  exempt from s. 119.07(1), Florida Statutes, or s. 24(a), Art. I
   47  of the State Constitution and the statutory citations that make
   48  such data confidential or exempt.
   49         (f) An explanation of any data-sharing activities with any
   50  other agency.
   51         (3) The department may use fees collected and deposited
   52  into the Records Management Trust Fund for the purpose of paying
   53  for costs incurred by the department in administering this
   54  section.
   55         (4) The department may adopt rules to implement and
   56  administer this section.
   57         Section 2. This act shall take effect July 1, 2013.