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House Bill 0539

House Bill hb0539

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    Florida House of Representatives - 2002                 HB 539

        By the Committee on Tourism and Representatives
    Trovillion, Heyman, Bullard, Justice, Allen and Davis





  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         18.20, F.S.; removing photographic film

  4         reproductions of specified vouchers or checks

  5         paid by the State Treasurer and preserved as

  6         records of the office of the Treasurer from

  7         classification as permanent records; amending

  8         s. 119.01, F.S.; establishing state policy with

  9         respect to public records; requiring that

10         governmental agencies provide data in a common

11         format; requiring governmental agencies to

12         consider certain factors in designing or

13         acquiring electronic recordkeeping systems;

14         providing certain restrictions with respect to

15         electronic recordkeeping systems and

16         proprietary software; requiring governmental

17         agencies to provide copies of public records

18         stored in electronic recordkeeping systems;

19         specifying circumstances under which the

20         financial, business, and membership records of

21         an organization are public records; amending s.

22         119.011, F.S.; providing definitions; repealing

23         ss. 119.0115, 119.012, 119.02, F.S., relating

24         to videotapes and video signals, records made

25         public by use of public funds, and penalties;

26         amending s. 119.021, F.S.; providing

27         requirements for governmental agencies in

28         maintaining and preserving public records;

29         requiring the Division of Library and

30         Information Services of the Department of State

31         to adopt rules for retaining and disposing of

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  1         public records; authorizing the division to

  2         provide for archiving certain noncurrent

  3         records; providing for the destruction of

  4         certain records and the continued maintenance

  5         of certain records; providing for the

  6         disposition of records at the end of an

  7         official's term of office; requiring that a

  8         custodian of public records demand delivery of

  9         records held unlawfully; repealing ss. 119.031,

10         119.041, 119.05, 119.06, F.S., relating to the

11         retention and disposal of public records and

12         the delivery of records held unlawfully;

13         amending s. 119.07, F.S.; revising provisions

14         governing the inspection and copying of public

15         records; establishing fees for copying;

16         providing requirements for making photographs;

17         authorizing additional means of copying;

18         repealing ss. 119.08, 119.083, F.S., relating

19         to requirements for making photographs of

20         public records and the licensing and sale of

21         copyrighted data-processing software; amending

22         s. 119.084, F.S.; deleting certain provisions

23         governing the maintenance of public records in

24         an electronic recordkeeping system; repealing

25         ss. 119.085, 119.09, F.S., relating to remote

26         electronic access to public records and the

27         program for records and information management

28         of the Department of State; amending s. 119.10,

29         F.S.; clarifying provisions with respect to

30         penalties for a violation of ch. 119, F.S.;

31         amending s. 119.105, F.S.; clarifying

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  1         provisions under which certain police reports

  2         may be exempt from the public-records law;

  3         amending s. 120.55, F.S.; revising language

  4         with respect to publication of the Florida

  5         Administrative Code to provide that the

  6         Department of State is required to compile and

  7         publish the code through a continuous revision

  8         system; amending s. 257.36, F.S.; providing

  9         procedure with respect to official custody of

10         records upon transfer of duties or

11         responsibilities between state agencies or

12         dissolution of a state agency; amending s.

13         328.15, F.S.; revising the classification of

14         records of notices and satisfaction of liens on

15         vessels maintained by the Department of Highway

16         Safety and Motor Vehicles; amending s.

17         372.5717, F.S.; revising the classification of

18         records of hunter safety certification cards

19         maintained by the Fish and Wildlife

20         Conservation Commission; amending s. 560.121,

21         F.S.; decreasing and qualifying the period of

22         retention for examination reports,

23         investigatory records, applications,

24         application records, and related information

25         compiled by the Department of Banking and

26         Finance under the Money Transmitters' Code;

27         amending s. 560.123, F.S.; decreasing the

28         period of retention for specified reports filed

29         by money transmitters with the Department of

30         Banking and Finance under the Money

31         Transmitters' Code; amending s. 560.129, F.S.;

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  1         decreasing and qualifying the period of

  2         retention for examination reports,

  3         investigatory records, applications,

  4         application records, and related information

  5         compiled by the Department of Banking and

  6         Finance under the Money Transmitters' Code;

  7         amending s. 624.311, F.S.; authorizing the

  8         Department of Insurance to maintain an

  9         electronic recordkeeping system for specified

10         records, statements, reports, and documents;

11         eliminating a standard for the reproduction of

12         such records, statements, reports, and

13         documents; amending s. 624.312, F.S.; providing

14         that reproductions from an electronic

15         recordkeeping system of specified documents and

16         records of the Department of Insurance shall be

17         treated as originals for the purpose of their

18         admissibility in evidence; amending s. 633.527,

19         F.S.; decreasing the period of retention for

20         specified examination test questions, answer

21         sheets, and grades in the possession of the

22         Division of State Fire Marshal of the

23         Department of Insurance; amending s. 655.50,

24         F.S.; revising a requirement of the Department

25         of Banking and Finance to retain copies of

26         specified reports submitted by financial

27         institutions under the Florida Control of Money

28         Laundering in Financial Institutions Act to

29         provide that such reports or information

30         contained therein which are known to be the

31         subject of an existing criminal proceeding

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  1         shall be retained in accordance with federal

  2         law; revising a requirement of the department

  3         to retain copies of specified records of

  4         exemption for a person exempt under the Florida

  5         Control of Money Laundering in Financial

  6         Institutions Act to provide that if such person

  7         or the person's transactions are known to be

  8         the subject of an existing criminal proceeding

  9         the records shall be retained in accordance

10         with federal law; amending s. 945.25, F.S.;

11         requiring the Department of Corrections to

12         obtain and place in its official records

13         specified information on every person who may

14         be sentenced to supervision or incarceration

15         under the jurisdiction of the department;

16         eliminating a requirement of the department, in

17         its discretion, to obtain and place in its

18         permanent records specified information on

19         persons placed on probation and on persons who

20         may become subject to pardon and commutation of

21         sentence; amending s. 985.31, F.S.; revising

22         the classification of specified medical files

23         of serious or habitual juvenile offenders;

24         repealing s. 212.095(6)(d), F.S., which

25         requires the Department of Revenue to keep a

26         permanent record of the amounts of refunds

27         claimed and paid under ch. 212, F.S., and which

28         requires that such records shall be open to

29         public inspection; repealing s. 238.03(9),

30         F.S., relating to the authority of the

31         Department of Management Services to photograph

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  1         and reduce to microfilm as a permanent record

  2         its ledger sheets showing the salaries and

  3         contributions of members of the Teachers'

  4         Retirement System of Florida, the records of

  5         deceased members of the system, and the

  6         authority to destroy the documents from which

  7         such films derive; repealing s. 591.34, F.S.;

  8         eliminating a procedure by which permission may

  9         be obtained from the Department of Agriculture

10         and Consumer Services to cut seed trees;

11         designating the Records Management Center of

12         the Department of State as the "James C. 'Jim'

13         Smith Records Management Center"; providing an

14         effective date.

15

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

17

18         Section 1.  Subsection (1) of section 18.20, Florida

19  Statutes, is amended to read:

20         18.20  Treasurer to make reproductions of certain

21  warrants, records, and documents.--

22         (1)  All vouchers or checks heretofore or hereafter

23  drawn by appropriate court officials of the several counties

24  of the state against money deposited with the Treasurer under

25  the provisions of s. 43.17, and paid by the Treasurer, may be

26  photographed, microphotographed, or reproduced on film by the

27  Treasurer.  Such photographic film shall be durable material

28  and the device used to so reproduce such warrants, vouchers,

29  or checks shall be one which accurately reproduces the

30  originals thereof in all detail; and such photographs,

31  microphotographs, or reproductions on film shall be placed in

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  1  conveniently accessible and identified files and shall be

  2  preserved by the Treasurer as a part of the permanent records

  3  of office.  When any such warrants, vouchers, or checks have

  4  been so photographed, microphotographed, or reproduced on

  5  film, and the photographs, microphotographs, or reproductions

  6  on film thereof have been placed in files as a part of the

  7  permanent records of the office of the Treasurer as aforesaid,

  8  the Treasurer is authorized to return such warrants, vouchers,

  9  or checks to the offices of the respective county officials

10  who drew the same and such warrants, vouchers, or checks shall

11  be retained and preserved in such offices to which returned as

12  a part of the permanent records of such offices.

13         Section 2.  Section 119.01, Florida Statutes, is

14  amended to read:

15         119.01  General state policy on public records.--

16         (1)  It is the policy of this state that all state,

17  county, and municipal records are shall be open for personal

18  inspection by any person unless the records are exempt from

19  inspection.

20         (2)  The Legislature finds that, given advancements in

21  technology, Providing access to public records is a duty of

22  each agency by remote electronic means is an additional method

23  of access that agencies should strive to provide to the extent

24  feasible. If an agency provides access to public records by

25  remote electronic means, then such access should be provided

26  in the most cost-effective and efficient manner available to

27  the agency providing the information.

28         (3)(a)  The Legislature finds that providing access to

29  public records is a duty of each agency and that Automation of

30  public records must not erode the right of access to public

31  those records. As each agency increases its use of and

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  1  dependence on electronic recordkeeping, each agency must

  2  ensure reasonable public access to records electronically

  3  maintained and must ensure that information made exempt or

  4  confidential not be disclosed to the public.

  5         (b)  An agency must consider when designing or

  6  acquiring an electronic recordkeeping system that such system

  7  is capable of providing data in some common format such as,

  8  but not limited to, the American Standard Code for Information

  9  Interchange.

10         (c)  An agency may not enter into a contract for the

11  creation or maintenance of a public records database if that

12  contract impairs the ability of the public to inspect or copy

13  the public records of the agency, including public records

14  that are on-line or stored in an electronic recordkeeping

15  system used by the agency.

16         (d)  Subject to the restrictions of copyright and

17  trade-secret laws and public-records exemptions, agency use of

18  proprietary software must not diminish the right of the public

19  to inspect and copy a public record.

20         (e)  Providing access to public records by remote

21  electronic means is an additional method of access that

22  agencies should strive to provide to the extent feasible. If

23  an agency provides access to public records by remote

24  electronic means, such access should be provided in the most

25  cost-effective and efficient manner available to the agency

26  providing the information.

27         (f)  Each agency that maintains a public record in an

28  electronic recordkeeping system shall provide to any person,

29  pursuant to this chapter, a copy of any public record in that

30  system which is not exempted by law from public disclosure. An

31  agency must provide a copy of the record in the medium

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  1  requested if the agency maintains the record in that medium,

  2  and the agency may charge a fee in accordance with this

  3  chapter. For the purpose of satisfying a public-records

  4  request, the fee to be charged by an agency if it elects to

  5  provide a copy of a public record in a medium not routinely

  6  used by the agency, or if it elects to compile information not

  7  routinely developed or maintained by the agency or that

  8  requires a substantial amount of manipulation or programming,

  9  must be in accordance with s. 119.07(4).

10         (4)  If public funds are expended by an agency defined

11  in s. 119.011(2) in payment of dues or membership

12  contributions for any person, corporation, foundation, trust,

13  association, group, or other organization, all the financial,

14  business, and membership records of that person, corporation,

15  foundation, trust, association, group, or other organization

16  which pertain to the public agency are public records and

17  subject to the provisions of s. 119.07.

18         (4)  Each agency shall establish a program for the

19  disposal of records that do not have sufficient legal, fiscal,

20  administrative, or archival value in accordance with retention

21  schedules established by the records and information

22  management program of the Division of Library and Information

23  Services of the Department of State.

24         Section 3.  Section 119.011, Florida Statutes, is

25  amended to read:

26         119.011  Definitions.--As used in For the purpose of

27  this chapter, the term:

28         (1)  "Actual cost of duplication" means the cost of the

29  material and supplies used to duplicate the record, but it

30  does not include the labor cost or overhead cost associated

31  with such duplication. "Public records" means all documents,

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  1  papers, letters, maps, books, tapes, photographs, films, sound

  2  recordings, data processing software, or other material,

  3  regardless of the physical form, characteristics, or means of

  4  transmission, made or received pursuant to law or ordinance or

  5  in connection with the transaction of official business by any

  6  agency.

  7         (2)  "Agency" means any state, county, district,

  8  authority, or municipal officer, department, division, board,

  9  bureau, commission, or other separate unit of government

10  created or established by law including, for the purposes of

11  this chapter, the Commission on Ethics, the Public Service

12  Commission, and the Office of Public Counsel, and any other

13  public or private agency, person, partnership, corporation, or

14  business entity acting on behalf of any public agency.

15         (3)(a)  "Criminal intelligence information" means

16  information with respect to an identifiable person or group of

17  persons collected by a criminal justice agency in an effort to

18  anticipate, prevent, or monitor possible criminal activity.

19         (b)  "Criminal investigative information" means

20  information with respect to an identifiable person or group of

21  persons compiled by a criminal justice agency in the course of

22  conducting a criminal investigation of a specific act or

23  omission, including, but not limited to, information derived

24  from laboratory tests, reports of investigators or informants,

25  or any type of surveillance.

26         (c)  "Criminal intelligence information" and "criminal

27  investigative information" shall not include:

28         1.  The time, date, location, and nature of a reported

29  crime.

30

31

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  1         2.  The name, sex, age, and address of a person

  2  arrested or of the victim of a crime except as provided in s.

  3  119.07(3)(f).

  4         3.  The time, date, and location of the incident and of

  5  the arrest.

  6         4.  The crime charged.

  7         5.  Documents given or required by law or agency rule

  8  to be given to the person arrested, except as provided in s.

  9  119.07(3)(f), and, except that the court in a criminal case

10  may order that certain information required by law or agency

11  rule to be given to the person arrested be maintained in a

12  confidential manner and exempt from the provisions of s.

13  119.07(1) until released at trial if it is found that the

14  release of such information would:

15         a.  Be defamatory to the good name of a victim or

16  witness or would jeopardize the safety of such victim or

17  witness; and

18         b.  Impair the ability of a state attorney to locate or

19  prosecute a codefendant.

20         6.  Informations and indictments except as provided in

21  s. 905.26.

22         (d)  The word "active" shall have the following

23  meaning:

24         1.  Criminal intelligence information shall be

25  considered "active" as long as it is related to intelligence

26  gathering conducted with a reasonable, good faith belief that

27  it will lead to detection of ongoing or reasonably anticipated

28  criminal activities.

29         2.  Criminal investigative information shall be

30  considered "active" as long as it is related to an ongoing

31  investigation which is continuing with a reasonable, good

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  1  faith anticipation of securing an arrest or prosecution in the

  2  foreseeable future.

  3

  4  In addition, criminal intelligence and criminal investigative

  5  information shall be considered "active" while such

  6  information is directly related to pending prosecutions or

  7  appeals.  The word "active" shall not apply to information in

  8  cases which are barred from prosecution under the provisions

  9  of s. 775.15 or other statute of limitation.

10         (4)  "Criminal justice agency" means:

11         (a)  Any law enforcement agency, court, or prosecutor;.

12  The term also includes

13         (b)  Any other agency charged by law with criminal law

14  enforcement duties;, or

15         (c)  Any agency having custody of criminal intelligence

16  information or criminal investigative information for the

17  purpose of assisting such law enforcement agencies in the

18  conduct of active criminal investigation or prosecution or for

19  the purpose of litigating civil actions under the Racketeer

20  Influenced and Corrupt Organization Act, during the time that

21  such agencies are in possession of criminal intelligence

22  information or criminal investigative information pursuant to

23  their criminal law enforcement duties; or. The term also

24  includes

25         (d)  The Department of Corrections.

26         (5)  "Custodian of public records" means the elected or

27  appointed state, county, or municipal officer charged with the

28  responsibility of maintaining the office having public

29  records, or his or her designee.

30         (6)  "Data-processing software" means the programs and

31  routines used to employ and control the capabilities of

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  1  data-processing hardware, including, but not limited to,

  2  operating systems, compilers, assemblers, utilities, library

  3  routines, maintenance routines, applications, and

  4  computer-networking programs.

  5         (7)  "Duplicated copies" means new copies produced by

  6  duplicating, as defined in s. 283.30.

  7         (8)  "Exemption" means a provision of the Florida

  8  Statutes which creates an exception to s. 119.07(1) or s.

  9  286.011 and which applies to the executive branch of state

10  government or to local government, but it does not include any

11  provision of a special law or local law.

12         (9)  "Information technology resources" has the meaning

13  ascribed in s. 282.303(12).

14         (10)  "Proprietary software" means data-processing

15  software that is protected by copyright or trade-secret laws.

16         (11)  "Public records" means all documents, papers,

17  letters, maps, books, tapes, photographs, films, sound

18  recordings, date-processing software, or other material,

19  regardless of the physical form, characteristics, or means of

20  transmission, made or received pursuant to law or ordinance or

21  in connection with the transaction of official business by any

22  agency.

23         (12)  "Sensitive," for purposes of defining

24  agency-produced software that is sensitive, means only those

25  portions of data-processing software, including the

26  specifications and documentation, which are used to:

27         (a)  Collect, process, store, and retrieve information

28  that is exempt from s. 119.07(1);

29         (b)  Collect, process, store, and retrieve financial

30  management information of the agency, such as payroll and

31  accounting records; or

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  1         (c)  Control and direct access authorizations and

  2  security measures for automated systems.

  3         Section 4.  Sections 119.0115, 119.012, and 119.02,

  4  Florida Statutes, are repealed.

  5         Section 5.  Section 119.021, Florida Statutes, is

  6  amended to read:

  7         (Substantial rewording of section. See

  8         s. 119.021, F.S., for present text.)

  9         119.021  Custodial requirements; maintenance,

10  preservation, and retention of public records.--

11         (1)  Public records shall be maintained and preserved

12  as follows:

13         (a)  All public records should be kept in the buildings

14  in which they are ordinarily used.

15         (b)  Insofar as practicable, custodians of vital,

16  permanent, or archival records shall keep them in fireproof

17  and waterproof safes, vaults, or rooms fitted with

18  noncombustible materials and in such arrangement as to be

19  easily accessible for convenient use.

20         (c)1.  Record books should be copied or repaired,

21  renovated, or rebound if worn, mutilated, damaged, or

22  difficult to read.

23         2.  Whenever any state, county, or municipal records

24  are in need of repair, restoration, or rebinding, the head of

25  the concerned state agency, department, board, or commission;

26  the board of county commissioners of such county; or the

27  governing body of such municipality may authorize that such

28  records be removed from the building or office in which such

29  records are ordinarily kept for the length of time required to

30  repair, restore, or rebind them.

31

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  1         3.  Any public official who causes a record book to be

  2  copied shall attest and certify on oath that the copy is an

  3  accurate copy of the original book. The copy shall then have

  4  the force and effect of the original.

  5         (3)(a)  The Division of Library and Information

  6  Services of the Department of State shall adopt rules to

  7  establish retention schedules and a disposal process for

  8  public records.

  9         (b)  Each agency shall comply with the rules

10  establishing retention schedules and disposal processes for

11  public records which are adopted by the records and

12  information management program of the division.

13         (c)  Every public official shall systematically dispose

14  of records no longer needed, subject to the consent of the

15  records and information management program of the division in

16  accordance with s. 257.36.

17         (d)  The division may ascertain the condition of public

18  records and shall give advice and assistance to public

19  officials to solve problems related to the preservation,

20  creation, filing, and public accessibility of public records

21  in their custody. Public officials shall assist the division

22  by preparing an inclusive inventory of categories of public

23  records in their custody. The division shall establish a time

24  period for the retention or disposal of each series of

25  records. Upon the completion of the inventory and schedule,

26  the division shall, subject to the availability of necessary

27  space, staff, and other facilities for such purposes, make

28  space available in its records center for the filing of

29  semicurrent records so scheduled and in its archives for

30  noncurrent records of permanent value, and shall render such

31

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  1  other assistance as needed, including the microfilming of

  2  records so scheduled.

  3         (4)  Agency orders that comprise final agency action

  4  and that must be indexed or listed pursuant to s. 120.53 have

  5  continuing legal significance; therefore, notwithstanding any

  6  other provision of this chapter or any provision of chapter

  7  257, each agency shall permanently maintain records of such

  8  orders pursuant to the applicable rules of the Department of

  9  State.

10         (5)(a)  Whoever has the custody of any public records

11  shall, at the expiration of his or her term of office, deliver

12  to his or her successor or, if there be none, to the records

13  and information management program of the Division of Library

14  and Information Services of the Department of State, all

15  public records kept or received by him or her in the

16  transaction of official business.

17         (b)  Whoever is entitled to the custody of public

18  records shall demand them from any person having illegal

19  possession of them, who must forthwith deliver the same to him

20  or her. Any person unlawfully possessing public records must

21  within 10 days deliver such records to their lawful custodian

22  unless just cause exists for failing to deliver such records.

23         Section 6.  Sections 119.031, 119.041, 119.05, and

24  119.06, Florida Statutes, are repealed.

25         Section 7.  Section 119.07, Florida Statutes, is

26  amended to read:

27         119.07  Inspection, examination, and copying

28  duplication of records; fees; exemptions.--

29         (1)(a)  Every person who has custody of a public record

30  shall permit the record to be inspected and copied examined by

31  any person desiring to do so, at any reasonable time, under

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  1  reasonable conditions, and under supervision by the custodian

  2  of the public record or the custodian's designee.

  3         (b)  A person who has custody of a public record and

  4  asserts that an exemption applies to a particular public

  5  record or part of such record shall delete or excise from the

  6  record only that portion of the record with respect to which

  7  an exemption has been asserted and validly applies, and such

  8  person shall produce the remainder of such record for

  9  inspection and copying.

10         (c)  If the person who has custody of a public record

11  contends that the record or part of it is exempt from

12  inspection and copying, he or she shall state the basis of the

13  exemption that he or she contends is applicable to the record,

14  including the statutory citation to an exemption created or

15  afforded by statute.

16         (d)  If requested by the person seeking to inspect or

17  copy the record, the custodian or designee shall state in

18  writing and with particularity the reasons for the conclusion

19  that the record is exempt.

20         (e)  In any civil action in which an exemption to

21  subsection (1) is asserted, if the exemption is alleged to

22  exist under or by virtue of paragraph (6)(c), paragraph

23  (6)(d), paragraph (6)(e), paragraph (6)(k), paragraph (6)(l),

24  or paragraph (6)(o), the public record or part thereof in

25  question shall be submitted to the court for an inspection in

26  camera. If an exemption is alleged to exist under or by virtue

27  of paragraph (6)(b), an inspection in camera will be

28  discretionary with the court. If the court finds that the

29  asserted exemption is not applicable, it shall order the

30  public record or part thereof in question to be immediately

31

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  1  produced for inspection, examination, or copying as requested

  2  by the person seeking such access.

  3         (f)  Even if an assertion is made by the custodian of a

  4  public record that a requested record is not a public record

  5  subject to public inspection and examination under subsection

  6  (1), the requested record shall, nevertheless, not be disposed

  7  of for a period of 30 days after the date on which a written

  8  request to inspect, examine, or copy the record was served on

  9  or otherwise made to the custodian of the record by the person

10  seeking access to the record. If a civil action is instituted

11  within the 30-day period to enforce the provisions of this

12  section with respect to the requested record, the custodian

13  may not dispose of the record except by order of a court of

14  competent jurisdiction after notice to all affected parties.

15         (g)  The absence of a civil action instituted for the

16  purpose stated in paragraph (e) does not relieve the custodian

17  of the duty to maintain the record as a public record if the

18  record is in fact a public record subject to public inspection

19  and copying under subsection (1) and does not otherwise excuse

20  or exonerate the custodian from any unauthorized or unlawful

21  disposition of such record.

22         (2)(a)  In all cases where the public or any person

23  interested has a right to inspect or make copies from any

24  public record, any person shall hereafter have the right of

25  access to those public records for the purpose of making

26  photographs of the record while in the possession, custody,

27  and control of the custodian of records or his or her

28  designee.

29         (b)  This subsection applies to the making of

30  photographs in the conventional sense by use of a camera

31  device to capture images of public records but excludes the

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  1  duplication of microfilm in the possession of the clerk of the

  2  circuit court where a copy of the microfilm may be made

  3  available by the clerk.

  4         (c)  Such work shall be done under the supervision of

  5  the custodian of records or designee, who may adopt and

  6  enforce reasonable rules governing the work.

  7         (d)  Photographing of public records shall be done in

  8  the room where the public records are kept. If, in the

  9  judgment of the custodian of records, this is impossible or

10  impracticable, the work shall be done in another room or

11  place, as nearly adjacent as possible to the room where the

12  public records are kept, to be determined by the custodian of

13  the records or his or her designee. Where provision of another

14  room or place for photographing is required, the expense of

15  providing the same shall be paid by the person desiring to

16  photograph the public record pursuant to subsection (5).

17         (3)(a)  As an additional means of inspecting or copying

18  public records of the executive branch, judicial branch, or

19  any political subdivision of the state, a custodian of records

20  may provide access to public records by remote electronic

21  means.

22         (b)  The custodian shall provide safeguards to protect

23  the contents of public records from unauthorized remote

24  electronic access or alteration and to prevent the disclosure

25  or modification of those portions of public records which are

26  exempt from s. 119.07(1).

27         (c)  Unless otherwise required by law, the custodian

28  may charge a fee for remote electronic access, granted under a

29  contractual arrangement with a user, which fee may include the

30  direct and indirect costs of providing such access. Fees for

31

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  1  remote electronic access provided to the general public shall

  2  be in accordance with the provisions of s. 119.07.

  3         (4)  The custodian shall furnish a copy or a certified

  4  copy of the record upon payment of the fee prescribed by law.

  5  or, If a fee is not prescribed by law, the following fees are

  6  authorized:

  7         (a)  Up to 15 cents per one-sided copy for duplicated

  8  copies of not more than 14 inches by 8 1/2  inches; an agency

  9  may charge no more than an additional 5 cents for each

10  two-sided duplicated copy., upon payment of not more than 15

11  cents per one-sided copy, and

12         (b)  For all other copies, an agency may charge upon

13  payment of the actual cost of duplication of the record.  An

14  agency may charge no more than an additional 5 cents for each

15  two-sided duplicated copy. For purposes of this section,

16  duplicated copies shall mean new copies produced by

17  duplicating, as defined in s. 283.30.  The phrase "actual cost

18  of duplication" means the cost of the material and supplies

19  used to duplicate the record, but it does not include the

20  labor cost or overhead cost associated with such duplication.

21  However,

22         (c)  The charge for copies of county maps or aerial

23  photographs supplied by county constitutional officers may

24  also include a reasonable charge for the labor and overhead

25  associated with their duplication.  Unless otherwise provided

26  by law, the fees to be charged for duplication of public

27  records shall be collected, deposited, and accounted for in

28  the manner prescribed for other operating funds of the agency.

29         (d)  An agency may charge up to $1 per copy for a

30  certified copy of a public record.

31

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  1         (e)(b)  If the nature or volume of public records

  2  requested to be inspected, examined, or copied pursuant to

  3  this subsection is such as to require extensive use of

  4  information technology resources or extensive clerical or

  5  supervisory assistance by personnel of the agency involved, or

  6  both, the agency may charge, in addition to the actual cost of

  7  duplication, a special service charge, which shall be

  8  reasonable and shall be based on the cost incurred for such

  9  extensive use of information technology resources or the labor

10  cost of the personnel providing the service that is actually

11  incurred by the agency or attributable to the agency for the

12  clerical and supervisory assistance required, or both.

13         (f)1.  Where provision of another room or place is

14  necessary to photograph public records, the expense of

15  providing the same shall be paid by the person desiring to

16  photograph the public records.

17         2.  The custodian may charge the person making the

18  photographs for the services of a designee to supervise the

19  photography or for the services of the custodian to photograph

20  the public records at a rate of compensation to be agreed upon

21  by the person desiring to make the photographs and the

22  custodian of records. If they fail to agree as to the

23  appropriate charge, then the charge is to be determined by the

24  custodian of the records. "Information technology resources"

25  means data processing hardware and software and services,

26  communications, supplies, personnel, facility resources,

27  maintenance, and training.

28         (5)(c)  When ballots are produced under this section

29  for inspection or examination, no persons other than the

30  supervisor of elections or the supervisor's employees shall

31  touch the ballots.  The supervisor of elections shall make a

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  1  reasonable effort to notify all candidates by telephone or

  2  otherwise of the time and place of the inspection or

  3  examination. All such candidates, or their representatives,

  4  shall be allowed to be present during the inspection or

  5  examination.

  6         (2)(a)  A person who has custody of a public record and

  7  who asserts that an exemption provided in subsection (3) or in

  8  a general or special law applies to a particular public record

  9  or part of such record shall delete or excise from the record

10  only that portion of the record with respect to which an

11  exemption has been asserted and validly applies, and such

12  person shall produce the remainder of such record for

13  inspection and examination.  If the person who has custody of

14  a public record contends that the record or part of it is

15  exempt from inspection and examination, he or she shall state

16  the basis of the exemption which he or she contends is

17  applicable to the record, including the statutory citation to

18  an exemption created or afforded by statute, and, if requested

19  by the person seeking the right under this subsection to

20  inspect, examine, or copy the record, he or she shall state in

21  writing and with particularity the reasons for the conclusion

22  that the record is exempt.

23         (b)  In any civil action in which an exemption to

24  subsection (1) is asserted, if the exemption is alleged to

25  exist under or by virtue of paragraph (c), paragraph (d),

26  paragraph (e), paragraph (k), paragraph (l), or paragraph (o)

27  of subsection (3), the public record or part thereof in

28  question shall be submitted to the court for an inspection in

29  camera.  If an exemption is alleged to exist under or by

30  virtue of paragraph (b) of subsection (3), an inspection in

31  camera will be discretionary with the court.  If the court

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  1  finds that the asserted exemption is not applicable, it shall

  2  order the public record or part thereof in question to be

  3  immediately produced for inspection, examination, or copying

  4  as requested by the person seeking such access.

  5         (c)  Even if an assertion is made by the custodian of a

  6  public record that a requested record is not a public record

  7  subject to public inspection and examination under subsection

  8  (1), the requested record shall, nevertheless, not be disposed

  9  of for a period of 30 days after the date on which a written

10  request requesting the right to inspect, examine, or copy the

11  record was served on or otherwise made to the custodian of the

12  record by the person seeking access to the record.  If a civil

13  action is instituted within the 30-day period to enforce the

14  provisions of this section with respect to the requested

15  record, the custodian shall not dispose of the record except

16  by order of a court of competent jurisdiction after notice to

17  all affected parties.

18         (d)  The absence of a civil action instituted for the

19  purpose stated in paragraph (c) will not relieve the custodian

20  of the duty to maintain the record as a public record if the

21  record is in fact a public record subject to public inspection

22  and examination under subsection (1) and will not otherwise

23  excuse or exonerate the custodian from any unauthorized or

24  unlawful disposition of such record.

25         (6)(3)(a)  Examination questions and answer sheets of

26  examinations administered by a governmental agency for the

27  purpose of licensure, certification, or employment are exempt

28  from the provisions of subsection (1) and s. 24(a), Art. I of

29  the State Constitution.  A person who has taken such an

30  examination shall have the right to review his or her own

31  completed examination.

                                  23

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  1         (b)  Active criminal intelligence information and

  2  active criminal investigative information are exempt from the

  3  provisions of subsection (1) and s. 24(a), Art. I of the State

  4  Constitution.

  5         (c)  Any information revealing the identity of a

  6  confidential informant or a confidential source is exempt from

  7  the provisions of subsection (1) and s. 24(a), Art. I of the

  8  State Constitution.

  9         (d)  Any information revealing surveillance techniques

10  or procedures or personnel is exempt from the provisions of

11  subsection (1) and s. 24(a), Art. I of the State Constitution.

12  Any comprehensive inventory of state and local law enforcement

13  resources compiled pursuant to part I, chapter 23, and any

14  comprehensive policies or plans compiled by a criminal justice

15  agency pertaining to the mobilization, deployment, or tactical

16  operations involved in responding to emergencies, as defined

17  in s. 252.34(3), are exempt from the provisions of subsection

18  (1) and s. 24(a), Art. I of the State Constitution and

19  unavailable for inspection, except by personnel authorized by

20  a state or local law enforcement agency, the office of the

21  Governor, the Department of Legal Affairs, the Department of

22  Law Enforcement, or the Department of Community Affairs as

23  having an official need for access to the inventory or

24  comprehensive policies or plans.

25         (e)  Any information revealing undercover personnel of

26  any criminal justice agency is exempt from the provisions of

27  subsection (1) and s. 24(a), Art. I of the State Constitution.

28         (f)  Any criminal intelligence information or criminal

29  investigative information including the photograph, name,

30  address, or other fact or information which reveals the

31  identity of the victim of the crime of sexual battery as

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  1  defined in chapter 794; the identity of the victim of a lewd

  2  or lascivious offense committed upon or in the presence of a

  3  person less than 16 years of age, as defined in chapter 800;

  4  or the identity of the victim of the crime of child abuse as

  5  defined by chapter 827 and any criminal intelligence

  6  information or criminal investigative information or other

  7  criminal record, including those portions of court records and

  8  court proceedings, which may reveal the identity of a person

  9  who is a victim of any sexual offense, including a sexual

10  offense proscribed in chapter 794, chapter 800, or chapter

11  827, is exempt from the provisions of subsection (1) and s.

12  24(a), Art. I of the State Constitution.

13         (g)  Any criminal intelligence information or criminal

14  investigative information which reveals the personal assets of

15  the victim of a crime, other than property stolen or destroyed

16  during the commission of the crime, is exempt from the

17  provisions of subsection (1) and s. 24(a), Art. I of the State

18  Constitution.

19         (h)  All criminal intelligence and criminal

20  investigative information received by a criminal justice

21  agency prior to January 25, 1979, is exempt from the

22  provisions of subsection (1) and s. 24(a), Art. I of the State

23  Constitution.

24         (i)1.  The home addresses, telephone numbers, social

25  security numbers, and photographs of active or former law

26  enforcement personnel, including correctional and correctional

27  probation officers, personnel of the Department of Children

28  and Family Services whose duties include the investigation of

29  abuse, neglect, exploitation, fraud, theft, or other criminal

30  activities, personnel of the Department of Health whose duties

31  are to support the investigation of child abuse or neglect,

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  1  and personnel of the Department of Revenue or local

  2  governments whose responsibilities include revenue collection

  3  and enforcement or child support enforcement; the home

  4  addresses, telephone numbers, social security numbers,

  5  photographs, and places of employment of the spouses and

  6  children of such personnel; and the names and locations of

  7  schools and day care facilities attended by the children of

  8  such personnel are exempt from the provisions of subsection

  9  (1). The home addresses, telephone numbers, and photographs of

10  firefighters certified in compliance with s. 633.35; the home

11  addresses, telephone numbers, photographs, and places of

12  employment of the spouses and children of such firefighters;

13  and the names and locations of schools and day care facilities

14  attended by the children of such firefighters are exempt from

15  subsection (1). The home addresses and telephone numbers of

16  justices of the Supreme Court, district court of appeal

17  judges, circuit court judges, and county court judges; the

18  home addresses, telephone numbers, and places of employment of

19  the spouses and children of justices and judges; and the names

20  and locations of schools and day care facilities attended by

21  the children of justices and judges are exempt from the

22  provisions of subsection (1). The home addresses, telephone

23  numbers, social security numbers, and photographs of current

24  or former state attorneys, assistant state attorneys,

25  statewide prosecutors, or assistant statewide prosecutors; the

26  home addresses, telephone numbers, social security numbers,

27  photographs, and places of employment of the spouses and

28  children of current or former state attorneys, assistant state

29  attorneys, statewide prosecutors, or assistant statewide

30  prosecutors; and the names and locations of schools and day

31  care facilities attended by the children of current or former

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  1  state attorneys, assistant state attorneys, statewide

  2  prosecutors, or assistant statewide prosecutors are exempt

  3  from subsection (1) and s. 24(a), Art. I of the State

  4  Constitution.

  5         2.  The home addresses, telephone numbers, social

  6  security numbers, and photographs of current or former human

  7  resource, labor relations, or employee relations directors,

  8  assistant directors, managers, or assistant managers of any

  9  local government agency or water management district whose

10  duties include hiring and firing employees, labor contract

11  negotiation, administration, or other personnel-related

12  duties; the names, home addresses, telephone numbers, social

13  security numbers, photographs, and places of employment of the

14  spouses and children of such personnel; and the names and

15  locations of schools and day care facilities attended by the

16  children of such personnel are exempt from subsection (1) and

17  s. 24(a), Art. I of the State Constitution. This subparagraph

18  is subject to the Open Government Sunset Review Act of 1995 in

19  accordance with s. 119.15, and shall stand repealed on October

20  2, 2006, unless reviewed and saved from repeal through

21  reenactment by the Legislature.

22         3.  The home addresses, telephone numbers, social

23  security numbers, and photographs of current or former code

24  enforcement officers; the names, home addresses, telephone

25  numbers, social security numbers, photographs, and places of

26  employment of the spouses and children of such persons; and

27  the names and locations of schools and day care facilities

28  attended by the children of such persons are exempt from

29  subsection (1) and s. 24(a), Art. I of the State Constitution.

30  This subparagraph is subject to the Open Government Sunset

31  Review Act of 1995 in accordance with s. 119.15, and shall

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  1  stand repealed on October 2, 2006, unless reviewed and saved

  2  from repeal through reenactment by the Legislature.

  3         4.  An agency that is the custodian of the personal

  4  information specified in subparagraph 1., subparagraph 2., or

  5  subparagraph 3. and that is not the employer of the officer,

  6  employee, justice, judge, or other person specified in

  7  subparagraph 1., subparagraph 2., or subparagraph 3. shall

  8  maintain the exempt status confidentiality of the personal

  9  information only if the officer, employee, justice, judge,

10  other person, or employing agency of the designated employee

11  submits a written request for maintenance of the exemption

12  confidentiality to the custodial agency.

13         (j)  Any information provided to an agency of state

14  government or to an agency of a political subdivision of the

15  state for the purpose of forming ridesharing arrangements,

16  which information reveals the identity of an individual who

17  has provided his or her name for ridesharing, as defined in s.

18  341.031, is exempt from the provisions of subsection (1) and

19  s. 24(a), Art. I of the State Constitution.

20         (k)  Any information revealing the substance of a

21  confession of a person arrested is exempt from the provisions

22  of subsection (1) and s. 24(a), Art. I of the State

23  Constitution, until such time as the criminal case is finally

24  determined by adjudication, dismissal, or other final

25  disposition.

26         (l)1.  A public record which was prepared by an agency

27  attorney (including an attorney employed or retained by the

28  agency or employed or retained by another public officer or

29  agency to protect or represent the interests of the agency

30  having custody of the record) or prepared at the attorney's

31  express direction, which reflects a mental impression,

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  1  conclusion, litigation strategy, or legal theory of the

  2  attorney or the agency, and which was prepared exclusively for

  3  civil or criminal litigation or for adversarial administrative

  4  proceedings, or which was prepared in anticipation of imminent

  5  civil or criminal litigation or imminent adversarial

  6  administrative proceedings, is exempt from the provisions of

  7  subsection (1) and s. 24(a), Art. I of the State Constitution

  8  until the conclusion of the litigation or adversarial

  9  administrative proceedings. For purposes of capital collateral

10  litigation as set forth in s. 27.7001, the Attorney General's

11  office is entitled to claim this exemption for those public

12  records prepared for direct appeal as well as for all capital

13  collateral litigation after direct appeal until execution of

14  sentence or imposition of a life sentence.

15         2.  This exemption is not waived by the release of such

16  public record to another public employee or officer of the

17  same agency or any person consulted by the agency attorney.

18  When asserting the right to withhold a public record pursuant

19  to this paragraph, the agency shall identify the potential

20  parties to any such criminal or civil litigation or

21  adversarial administrative proceedings.  If a court finds that

22  the document or other record has been improperly withheld

23  under this paragraph, the party seeking access to such

24  document or record shall be awarded reasonable attorney's fees

25  and costs in addition to any other remedy ordered by the

26  court.

27         (m)  Sealed bids or proposals received by an agency

28  pursuant to invitations to bid or requests for proposals are

29  exempt from the provisions of subsection (1) and s. 24(a),

30  Art. I of the State Constitution until such time as the agency

31  provides notice of a decision or intended decision pursuant to

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  1  s. 120.57(3)(a) or within 10 days after bid or proposal

  2  opening, whichever is earlier.

  3         (n)  When an agency of the executive branch of state

  4  government seeks to acquire real property by purchase or

  5  through the exercise of the power of eminent domain all

  6  appraisals, other reports relating to value, offers, and

  7  counteroffers must be in writing and are exempt from the

  8  provisions of subsection (1) and s. 24(a), Art. I of the State

  9  Constitution until execution of a valid option contract or a

10  written offer to sell that has been conditionally accepted by

11  the agency, at which time the exemption shall expire.  The

12  agency shall not finally accept the offer for a period of 30

13  days in order to allow public review of the transaction.  The

14  agency may give conditional acceptance to any option or offer

15  subject only to final acceptance by the agency after the

16  30-day review period.  If a valid option contract is not

17  executed, or if a written offer to sell is not conditionally

18  accepted by the agency, then the exemption from the provisions

19  of this chapter shall expire at the conclusion of the

20  condemnation litigation of the subject property. An agency of

21  the executive branch may exempt title information, including

22  names and addresses of property owners whose property is

23  subject to acquisition by purchase or through the exercise of

24  the power of eminent domain, from the provisions of subsection

25  (1) and s. 24(a), Art. I of the State Constitution to the same

26  extent as appraisals, other reports relating to value, offers,

27  and counteroffers.  For the purpose of this paragraph, "option

28  contract" means an agreement of an agency of the executive

29  branch of state government to purchase real property subject

30  to final agency approval.  This paragraph shall have no

31  application to other exemptions from the provisions of

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  1  subsection (1) which are contained in other provisions of law

  2  and shall not be construed to be an express or implied repeal

  3  thereof.

  4         (o)  Data processing software obtained by an agency

  5  under a licensing agreement which prohibits its disclosure and

  6  which software is a trade secret, as defined in s. 812.081,

  7  and agency-produced data processing software which is

  8  sensitive are exempt from the provisions of subsection (1) and

  9  s. 24(a), Art. I of the State Constitution.  The designation

10  of agency-produced software as sensitive shall not prohibit an

11  agency head from sharing or exchanging such software with

12  another public agency.  As used in this paragraph:

13         1.  "Data processing software" means the programs and

14  routines used to employ and control the capabilities of data

15  processing hardware, including, but not limited to, operating

16  systems, compilers, assemblers, utilities, library routines,

17  maintenance routines, applications, and computer networking

18  programs.

19         2.  "Sensitive" means only those portions of data

20  processing software, including the specifications and

21  documentation, used to:

22         a.  Collect, process, store, and retrieve information

23  which is exempt from the provisions of subsection (1);

24         b.  Collect, process, store, and retrieve financial

25  management information of the agency, such as payroll and

26  accounting records; or

27         c.  Control and direct access authorizations and

28  security measures for automated systems.

29         (p)  All complaints and other records in the custody of

30  any unit of local government which relate to a complaint of

31  discrimination relating to race, color, religion, sex,

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  1  national origin, age, handicap, marital status, sale or rental

  2  of housing, the provision of brokerage services, or the

  3  financing of housing are exempt from the provisions of

  4  subsection (1) and s. 24(a), Art. I of the State Constitution

  5  until a finding is made relating to probable cause, the

  6  investigation of the complaint becomes inactive, or the

  7  complaint or other record is made part of the official record

  8  of any hearing or court proceeding.  This provision shall not

  9  affect any function or activity of the Florida Commission on

10  Human Relations.  Any state or federal agency which is

11  authorized to have access to such complaints or records by any

12  provision of law shall be granted such access in the

13  furtherance of such agency's statutory duties, notwithstanding

14  the provisions of this section. This paragraph shall not be

15  construed to modify or repeal any special or local act.

16         (q)  All complaints and other records in the custody of

17  any agency in the executive branch of state government which

18  relate to a complaint of discrimination relating to race,

19  color, religion, sex, national origin, age, handicap, or

20  marital status in connection with hiring practices, position

21  classifications, salary, benefits, discipline, discharge,

22  employee performance, evaluation, or other related activities

23  are exempt from the provisions of subsection (1) and s. 24(a),

24  Art. I of the State Constitution until a finding is made

25  relating to probable cause, the investigation of the complaint

26  becomes inactive, or the complaint or other record is made

27  part of the official record of any hearing or court

28  proceeding.  This provision shall not affect any function or

29  activity of the Florida Commission on Human Relations.  Any

30  state or federal agency which is authorized to have access to

31  such complaints or records by any provision of law shall be

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  1  granted such access in the furtherance of such agency's

  2  statutory duties, notwithstanding the provisions of this

  3  section.

  4         (r)  All records supplied by a telecommunications

  5  company, as defined by s. 364.02, to a state or local

  6  governmental agency which contain the name, address, and

  7  telephone number of subscribers are confidential and exempt

  8  from the provisions of subsection (1) and s. 24(a), Art. I of

  9  the State Constitution.

10         (s)1.  Any document that reveals the identity, home or

11  employment telephone number, home or employment address, or

12  personal assets of the victim of a crime and identifies that

13  person as the victim of a crime, which document is received by

14  any agency that regularly receives information from or

15  concerning the victims of crime, is exempt from the provisions

16  of subsection (1) and s. 24(a), Art. I of the State

17  Constitution. Any information not otherwise held confidential

18  or exempt from the provisions of subsection (1) which reveals

19  the home or employment telephone number, home or employment

20  address, or personal assets of a person who has been the

21  victim of sexual battery, aggravated child abuse, aggravated

22  stalking, harassment, aggravated battery, or domestic violence

23  is exempt from the provisions of subsection (1) and s. 24(a),

24  Art. I of the State Constitution, upon written request by the

25  victim, which must include official verification that an

26  applicable crime has occurred.  Such information shall cease

27  to be exempt 5 years after the receipt of the written request.

28  Any state or federal agency that is authorized to have access

29  to such documents by any provision of law shall be granted

30  such access in the furtherance of such agency's statutory

31  duties, notwithstanding the provisions of this section.

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  1         2.  Any information in a videotaped statement of a

  2  minor who is alleged to be or who is a victim of sexual

  3  battery, lewd acts, or other sexual misconduct proscribed in

  4  chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s.

  5  847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which

  6  reveals that minor's identity, including, but not limited to,

  7  the minor's face; the minor's home, school, church, or

  8  employment telephone number; the minor's home, school, church,

  9  or employment address; the name of the minor's school, church,

10  or place of employment; or the personal assets of the minor;

11  and which identifies that minor as the victim of a crime

12  described in this subparagraph, is confidential and exempt

13  from subsection (1) and s. 24(a), Art. I of the State

14  Constitution. Any governmental agency that is authorized to

15  have access to such statements by any provision of law shall

16  be granted such access in the furtherance of the agency's

17  statutory duties, notwithstanding the provisions of this

18  section.  This subparagraph is subject to the Open Government

19  Sunset Review Act of 1995 in accordance with s. 119.15, and

20  shall stand repealed on October 2, 2003.

21         3.  A public employee or officer who has access to the

22  videotaped statement of a minor who is alleged to be or who is

23  a victim of sexual battery, lewd acts, or other sexual

24  misconduct proscribed in chapter 800 or in s. 794.011, s.

25  827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or

26  s. 847.0145, may not willfully and knowingly disclose

27  videotaped information that reveals that minor's identity to a

28  person who is not assisting in the investigation or

29  prosecution of the alleged offense or to any person other than

30  the defendant, the defendant's attorney, or a person specified

31

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  1  in an order entered by the court having jurisdiction of the

  2  alleged offense.

  3         4.  A person who violates subparagraph 3. commits a

  4  misdemeanor of the first degree, punishable as provided in s.

  5  775.082 or s. 775.083.

  6         (t)  Any financial statement which an agency requires a

  7  prospective bidder to submit in order to prequalify for

  8  bidding or for responding to a proposal for a road or any

  9  other public works project is exempt from the provisions of

10  subsection (1) and s. 24(a), Art. I of the State Constitution.

11         (u)  Where the alleged victim chooses not to file a

12  complaint and requests that records of the complaint remain

13  confidential, all records relating to an allegation of

14  employment discrimination are confidential and exempt from the

15  provisions of subsection (1) and s. 24(a), Art. I of the State

16  Constitution.

17         (v)  Medical information pertaining to a prospective,

18  current, or former officer or employee of an agency which, if

19  disclosed, would identify that officer or employee is exempt

20  from the provisions of subsection (1) and s. 24(a), Art. I of

21  the State Constitution. However, such information may be

22  disclosed if the person to whom the information pertains or

23  the person's legal representative provides written permission

24  or pursuant to court order.

25         (w)1.  If certified pursuant to subparagraph 2., an

26  investigatory record of the Chief Inspector General within the

27  Executive Office of the Governor or of the employee designated

28  by an agency head as the agency inspector general under s.

29  112.3189 is exempt from the provisions of subsection (1) and

30  s. 24(a), Art. I of the State Constitution until the

31  investigation ceases to be active, or a report detailing the

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  1  investigation is provided to the Governor or the agency head,

  2  or 60 days from the inception of the investigation for which

  3  the record was made or received, whichever first occurs.

  4  Investigatory records are those records which are related to

  5  the investigation of an alleged, specific act or omission or

  6  other wrongdoing, with respect to an identifiable person or

  7  group of persons, based on information compiled by the Chief

  8  Inspector General or by an agency inspector general, as named

  9  under the provisions of s. 112.3189, in the course of an

10  investigation.  An investigation is active if it is continuing

11  with a reasonable, good faith anticipation of resolution and

12  with reasonable dispatch.

13         2.  The Governor, in the case of the Chief Inspector

14  General, or agency head, in the case of an employee designated

15  as the agency inspector general under s. 112.3189, may certify

16  such investigatory records require an exemption to protect the

17  integrity of the investigation or avoid unwarranted damage to

18  an individual's good name or reputation.  The certification

19  shall specify the nature and purpose of the investigation and

20  shall be kept with the exempt records and made public when the

21  records are made public.

22         3.  The provisions of this paragraph do not apply to

23  whistle-blower investigations conducted pursuant to the

24  provisions of ss. 112.3187, 112.3188, 112.3189, and 112.31895.

25         (x)  The social security numbers of all current and

26  former agency employees which numbers are contained in agency

27  employment records are exempt from subsection (1) and exempt

28  from s. 24(a), Art. I of the State Constitution.  As used in

29  this paragraph, the term "agency" means an agency as defined

30  in s. 119.011.

31

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  1         (y)  The audit report of an internal auditor prepared

  2  for or on behalf of a unit of local government becomes a

  3  public record when the audit becomes final.  As used in this

  4  paragraph, "unit of local government" means a county,

  5  municipality, special district, local agency, authority,

  6  consolidated city-county government, or any other local

  7  governmental body or public body corporate or politic

  8  authorized or created by general or special law.  An audit

  9  becomes final when the audit report is presented to the unit

10  of local government.  Audit workpapers and notes related to

11  such audit report are confidential and exempt from the

12  provisions of subsection (1) and s. 24(a), Art. I of the State

13  Constitution until the audit is completed and the audit report

14  becomes final.

15         (z)  Bank account numbers or debit, charge, or credit

16  card numbers given to an agency for the purpose of payment of

17  any fee or debt owing are confidential and exempt from

18  subsection (1) and s. 24(a), Art. I of the State Constitution.

19  However, such numbers may be used by an agency, as needed, in

20  any administrative or judicial proceeding, provided such

21  numbers are kept confidential and exempt, unless otherwise

22  ordered by the court.  This paragraph is subject to the Open

23  Government Sunset Review Act of 1995 in accordance with s.

24  119.15, and shall stand repealed on October 2, 2001, unless

25  reviewed and saved from repeal through reenactment by the

26  Legislature.

27         (z)(aa)  Any data, record, or document used directly or

28  solely by a municipally owned utility to prepare and submit a

29  bid relative to the sale, distribution, or use of any service,

30  commodity, or tangible personal property to any customer or

31  prospective customer shall be exempt from the provisions of

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  1  subsection (1) and s. 24(a), Art. I of the State Constitution.

  2  This exemption commences when a municipal utility identifies

  3  in writing a specific bid to which it intends to respond. This

  4  exemption no longer applies when the contract for sale,

  5  distribution, or use of the service, commodity, or tangible

  6  personal property is executed, a decision is made not to

  7  execute such contract, or the project is no longer under

  8  active consideration. The exemption in this paragraph includes

  9  the bid documents actually furnished in response to the

10  request for bids. However, the exemption for the bid documents

11  submitted no longer applies after the bids are opened by the

12  customer or prospective customer.

13         (aa)(bb)  Upon a request made in a form designated by

14  the Department of Highway Safety and Motor Vehicles, personal

15  information contained in a motor vehicle record that

16  identifies the requester is exempt from subsection (1) and s.

17  24(a), Art. I of the State Constitution except as provided in

18  this paragraph.  Personal information includes, but is not

19  limited to, the requester's social security number, driver

20  identification number, name, address, telephone number, and

21  medical or disability information.  For purposes of this

22  paragraph, personal information does not include information

23  relating to vehicular crashes, driving violations, and

24  driver's status.  Such request may be made only by the person

25  who is the subject of the motor vehicle record.  For purposes

26  of this paragraph, "motor vehicle record" means any record

27  that pertains to a motor vehicle operator's permit, motor

28  vehicle title, motor vehicle registration, or identification

29  card issued by the Department of Highway Safety and Motor

30  Vehicles.  Personal information contained in motor vehicle

31  records exempted by an individual's request pursuant to this

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  1  paragraph shall be released by the department for any of the

  2  following uses:

  3         1.  For use in connection with matters of motor vehicle

  4  or driver safety and theft; motor vehicle emissions; motor

  5  vehicle product alterations, recalls, or advisories;

  6  performance monitoring of motor vehicles and dealers by motor

  7  vehicle manufacturers; and removal of nonowner records from

  8  the original owner records of motor vehicle manufacturers, to

  9  carry out the purposes of the Automobile Information

10  Disclosure Act, the Motor Vehicle Information and Cost Saving

11  Act, the National Traffic and Motor Vehicle Safety Act of

12  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

13         2.  For use by any government agency, including any

14  court or law enforcement agency, in carrying out its

15  functions, or any private person or entity acting on behalf of

16  a federal, state, or local agency in carrying out its

17  functions.

18         3.  For use in connection with matters of motor vehicle

19  or driver safety and theft; motor vehicle emissions; motor

20  vehicle product alterations, recalls, or advisories;

21  performance monitoring of motor vehicles, motor vehicle parts,

22  and dealers; motor vehicle market research activities,

23  including survey research; and removal of nonowner records

24  from the original owner records of motor vehicle

25  manufacturers.

26         4.  For use in the normal course of business by a

27  legitimate business or its agents, employees, or contractors,

28  but only:

29         a.  To verify the accuracy of personal information

30  submitted by the individual to the business or its agents,

31  employees, or contractors; and

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  1         b.  If such information as so submitted is not correct

  2  or is no longer correct, to obtain the correct information,

  3  but only for the purposes of preventing fraud by, pursuing

  4  legal remedies against, or recovering on a debt or security

  5  interest against, the individual.

  6         5.  For use in connection with any civil, criminal,

  7  administrative, or arbitral proceeding in any court or agency

  8  or before any self-regulatory body for:

  9         a.  Service of process by any certified process server,

10  special process server, or other person authorized to serve

11  process in this state.

12         b.  Investigation in anticipation of litigation by an

13  attorney licensed to practice law in this state or the agent

14  of the attorney.

15         c.  Investigation by any person in connection with any

16  filed proceeding.

17         d.  Execution or enforcement of judgments and orders.

18         e.  Compliance with an order of any court.

19         6.  For use in research activities and for use in

20  producing statistical reports, so long as the personal

21  information is not published, redisclosed, or used to contact

22  individuals.

23         7.  For use by any insurer or insurance support

24  organization, or by a self-insured entity, or its agents,

25  employees, or contractors, in connection with claims

26  investigation activities, anti-fraud activities, rating, or

27  underwriting.

28         8.  For use in providing notice to the owners of towed

29  or impounded vehicles.

30         9.  For use by any licensed private investigative

31  agency or licensed security service for any purpose permitted

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  1  under this paragraph. Personal information obtained based on

  2  an exempt driver's record may not be provided to a client who

  3  cannot demonstrate a need based on a police report, court

  4  order, or a business or personal relationship with the subject

  5  of the investigation.

  6         10.  For use by an employer or its agent or insurer to

  7  obtain or verify information relating to a holder of a

  8  commercial driver's license that is required under the

  9  Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. App.

10  2710 et seq.

11         11.  For use in connection with the operation of

12  private toll transportation facilities.

13         12.  For bulk distribution for surveys, marketing, or

14  solicitations when the department has implemented methods and

15  procedures to ensure that:

16         a.  Individuals are provided an opportunity, in a clear

17  and conspicuous manner, to prohibit such uses; and

18         b.  The information will be used, rented, or sold

19  solely for bulk distribution for survey, marketing, and

20  solicitations, and that surveys, marketing, and solicitations

21  will not be directed at those individuals who have timely

22  requested that they not be directed at them.

23         13.  For any use if the requesting person demonstrates

24  that he or she has obtained the written consent of the person

25  who is the subject of the motor vehicle record.

26         14.  For any other use specifically authorized by state

27  law, if such use is related to the operation of a motor

28  vehicle or public safety.

29

30  Personal information exempted from public disclosure according

31  to this paragraph may be disclosed by the Department of

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  1  Highway Safety and Motor Vehicles to an individual, firm,

  2  corporation, or similar business entity whose primary business

  3  interest is to resell or redisclose the personal information

  4  to persons who are authorized to receive such information.

  5  Prior to the department's disclosure of personal information,

  6  such individual, firm, corporation, or similar business entity

  7  must first enter into a contract with the department regarding

  8  the care, custody, and control of the personal information to

  9  ensure compliance with the federal Driver's Privacy Protection

10  Act of 1994 and applicable state laws. An authorized recipient

11  of personal information contained in a motor vehicle record,

12  except a recipient under subparagraph 12., may contract with

13  the Department of Highway Safety and Motor Vehicles to resell

14  or redisclose the information for any use permitted under this

15  paragraph. However, only authorized recipients of personal

16  information under subparagraph 12. may resell or redisclose

17  personal information pursuant to subparagraph 12. Any

18  authorized recipient who resells or rediscloses personal

19  information shall maintain, for a period of 5 years, records

20  identifying each person or entity that receives the personal

21  information and the permitted purpose for which it will be

22  used. Such records shall be made available for inspection upon

23  request by the department. The department shall adopt rules to

24  carry out the purposes of this paragraph and the federal

25  Driver's Privacy Protection Act of 1994, Title XXX, Pub. L.

26  No. 103-322. Rules adopted by the department shall provide for

27  the payment of applicable fees and, prior to the disclosure of

28  personal information pursuant to this paragraph, shall require

29  the meeting of conditions by the requesting person for the

30  purposes of obtaining reasonable assurance concerning the

31  identity of such requesting person, and, to the extent

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  1  required, assurance that the use will be only as authorized or

  2  that the consent of the person who is the subject of the

  3  personal information has been obtained.  Such conditions may

  4  include, but need not be limited to, the making and filing of

  5  a written application in such form and containing such

  6  information and certification requirements as the department

  7  requires.

  8         (bb)(cc)1.  Medical history records, bank account

  9  numbers, credit card numbers, telephone numbers, and

10  information related to health or property insurance furnished

11  by an individual to any agency pursuant to federal, state, or

12  local housing assistance programs are confidential and exempt

13  from the provisions of subsection (1) and s. 24(a), Art. I of

14  the State Constitution. Any other information produced or

15  received by any private or public entity in direct connection

16  with federal, state, or local housing assistance programs,

17  unless the subject of another federal or state exemption, is

18  subject to subsection (1).

19         2.  Governmental agencies or their agents are entitled

20  to access to the records specified in this paragraph for the

21  purposes of auditing federal, state, or local housing programs

22  or housing assistance programs. Such records may be used by an

23  agency, as needed, in any administrative or judicial

24  proceeding, provided such records are kept confidential and

25  exempt, unless otherwise ordered by a court.

26         3.  This paragraph is repealed effective October 2,

27  2003, and must be reviewed by the Legislature before that date

28  in accordance with s. 119.15, the Open Government Sunset

29  Review Act of 1995.

30         (cc)(dd)  All personal identifying information; bank

31  account numbers; and debit, charge, and credit card numbers

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  1  contained in records relating to an individual's personal

  2  health or eligibility for health-related services made or

  3  received by the Department of Health or its service providers

  4  are confidential and exempt from the provisions of subsection

  5  (1) and s. 24(a), Art. I of the State Constitution, except as

  6  otherwise provided in this paragraph.  Information made

  7  confidential and exempt by this paragraph shall be disclosed:

  8         1.  With the express written consent of the individual

  9  or the individual's legally authorized representative.

10         2.  In a medical emergency, but only to the extent

11  necessary to protect the health or life of the individual.

12         3.  By court order upon a showing of good cause.

13         4.  To a health research entity, if the entity seeks

14  the records or data pursuant to a research protocol approved

15  by the department, maintains the records or data in accordance

16  with the approved protocol, and enters into a purchase and

17  data-use agreement with the department, the fee provisions of

18  which are consistent with paragraph (1)(a).  The department

19  may deny a request for records or data if the protocol

20  provides for intrusive follow-back contacts, has not been

21  approved by a human studies institutional review board, does

22  not plan for the destruction of confidential records after the

23  research is concluded, is administratively burdensome, or does

24  not have scientific merit.  The agreement must restrict the

25  release of any information, which would permit the

26  identification of persons, limit the use of records or data to

27  the approved research protocol, and prohibit any other use of

28  the records or data.  Copies of records or data issued

29  pursuant to this subparagraph remain the property of the

30  department.

31

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  1  This paragraph is subject to the Open Government Sunset Review

  2  Act of 1995, in accordance with s. 119.15, and shall stand

  3  repealed on October 2, 2006, unless reviewed and saved from

  4  repeal through reenactment by the Legislature.

  5         (dd)  Any videotape or video signal which, under an

  6  agreement with an agency, is produced, made, or received by,

  7  or is in the custody of, a federally licensed radio or

  8  television station or its agent is exempt from this chapter.

  9         (7)(4)  Nothing in this section shall be construed to

10  exempt from subsection (1) a public record which was made a

11  part of a court file and which is not specifically closed by

12  order of court, except as provided in paragraphs (c), (d),

13  (e), (k), (l), and (o) of subsection (6) (3) and except

14  information or records which may reveal the identity of a

15  person who is a victim of a sexual offense as provided in

16  paragraph (f) of subsection (6) (3).

17         (8)(5)  An exemption from this section does not imply

18  an exemption from or exception to s. 286.011.  The exemption

19  from or exception to s. 286.011 must be expressly provided.

20         (9)(6)  Nothing in subsection (6) (3) or any other

21  general or special law shall limit the access of the Auditor

22  General, the Office of Program Policy Analysis and Government

23  Accountability, or any state, county, municipal, university,

24  board of community college, school district, or special

25  district internal auditor to public records when such person

26  states in writing that such records are needed for a properly

27  authorized audit, examination, or investigation. Such person

28  shall maintain the confidentiality of any public records that

29  are confidential or exempt from the provisions of subsection

30  (1) and shall be subject to the same penalties as the

31

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  1  custodians of those public records for violating

  2  confidentiality.

  3         (10)(7)(a)  Any person or organization, including the

  4  Department of Children and Family Services, may petition the

  5  court for an order making public the records of the Department

  6  of Children and Family Services that pertain to investigations

  7  of alleged abuse, neglect, abandonment, or exploitation of a

  8  child or a vulnerable adult. The court shall determine if good

  9  cause exists for public access to the records sought or a

10  portion thereof. In making this determination, the court shall

11  balance the best interest of the vulnerable adult or child who

12  is the focus of the investigation, and in the case of the

13  child, the interest of that child's siblings, together with

14  the privacy right of other persons identified in the reports

15  against the public interest. The public interest in access to

16  such records is reflected in s. 119.01(1), and includes the

17  need for citizens to know of and adequately evaluate the

18  actions of the Department of Children and Family Services and

19  the court system in providing vulnerable adults and children

20  of this state with the protections enumerated in ss. 39.001

21  and 415.101.  However, this subsection does not contravene ss.

22  39.202 and 415.107, which protect the name of any person

23  reporting the abuse, neglect, or exploitation of a child or a

24  vulnerable adult.

25         (b)  In cases involving serious bodily injury to a

26  child or a vulnerable adult, the Department of Children and

27  Family Services may petition the court for an order for the

28  immediate public release of records of the department which

29  pertain to the protective investigation. The petition must be

30  personally served upon the child or vulnerable adult, the

31  child's parents or guardian, the legal guardian of that

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  1  person, if any, and any person named as an alleged perpetrator

  2  in the report of abuse, neglect, abandonment, or exploitation.

  3  The court must determine if good cause exists for the public

  4  release of the records sought no later than 24 hours,

  5  excluding Saturdays, Sundays, and legal holidays, after the

  6  date the department filed the petition with the court. If the

  7  court has neither granted nor denied the petition within the

  8  24-hour time period, the department may release to the public

  9  summary information including:

10         1.  A confirmation that an investigation has been

11  conducted concerning the alleged victim.

12         2.  The dates and brief description of procedural

13  activities undertaken during the department's investigation.

14         3.  The date of each judicial proceeding, a summary of

15  each participant's recommendations made at the judicial

16  proceedings, and the rulings of the court.

17

18  The summary information may not include the name of, or other

19  identifying information with respect to, any person identified

20  in any investigation. In making a determination to release

21  confidential information, the court shall balance the best

22  interests of the vulnerable adult or child who is the focus of

23  the investigation and, in the case of the child, the interests

24  of that child's siblings, together with the privacy rights of

25  other persons identified in the reports against the public

26  interest for access to public records. However, this paragraph

27  does not contravene ss. 39.202 and 415.107, which protect the

28  name of any person reporting abuse, neglect, or exploitation

29  of a child or a vulnerable adult.

30         (c)  When the court determines that good cause for

31  public access exists, the court shall direct that the

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  1  department redact the name of and other identifying

  2  information with respect to any person identified in any

  3  protective investigation report until such time as the court

  4  finds that there is probable cause to believe that the person

  5  identified committed an act of alleged abuse, neglect, or

  6  abandonment.

  7         (11)(8)  The provisions of this section are not

  8  intended to expand or limit the provisions of Rule 3.220,

  9  Florida Rules of Criminal Procedure, regarding the right and

10  extent of discovery by the state or by a defendant in a

11  criminal prosecution or in collateral postconviction

12  proceedings.  This section may not be used by any inmate as

13  the basis for failing to timely litigate any postconviction

14  action.

15         Section 8.  Sections 119.08 and 119.083, Florida

16  Statutes, are repealed.

17         Section 9.  Section 119.084, Florida Statutes, is

18  amended to read:

19         119.084  Definitions; copyright of data processing

20  software created by governmental agencies; sale price and

21  licensing fee; access to public records; prohibited

22  contracts.--

23         (1)  As used in this section, the term:

24         (a)  "agency" has the same meaning as in s. 119.011(2),

25  except that the term does not include any private agency,

26  person, partnership, corporation, or business entity.

27         (b)  "Data processing software" means the programs and

28  routines used to employ and control the capabilities of data

29  processing hardware, including, but not limited to, operating

30  systems, compilers, assemblers, utilities, library routines,

31

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  1  maintenance routines, applications, and computer networking

  2  programs.

  3         (c)  "Proprietary software" means data processing

  4  software that is protected by copyright or trade secret laws.

  5         (2)  Any agency is authorized to acquire and hold

  6  copyrights for data processing software created by the agency

  7  and to enforce its rights pertaining to such copyrights,

  8  provided that the agency complies with the requirements of

  9  this section.

10         (a)  Any agency that has acquired a copyright for data

11  processing software created by the agency may sell or license

12  the copyrighted data processing software to any public agency

13  or private person and may establish a price for the sale and a

14  license fee for the use of such data processing software.

15  Proceeds from the sale or licensing of copyrighted data

16  processing software shall be deposited by the agency into a

17  trust fund for the agency's appropriate use for authorized

18  purposes.  Counties, municipalities, and other political

19  subdivisions of the state may designate how such sale and

20  licensing proceeds are to be used. The price for the sale of

21  and the fee for the licensing of copyrighted data processing

22  software may be based on market considerations. However, the

23  prices or fees for the sale or licensing of copyrighted data

24  processing software to an individual or entity solely for

25  application to information maintained or generated by the

26  agency that created the copyrighted data processing software

27  shall be determined pursuant to s. 119.07(1).

28         (b)  The provisions of this subsection are supplemental

29  to, and shall not supplant or repeal, any other provision of

30  law that authorizes an agency to acquire and hold copyrights.

31

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  1         (3)  Subject to the restrictions of copyright and trade

  2  secret laws and public records exemptions, agency use of

  3  proprietary software must not diminish the right of the public

  4  to inspect and copy a public record.

  5         (4)  An agency must consider when designing or

  6  acquiring an electronic recordkeeping system that such system

  7  is capable of providing data in some common format such as,

  8  but not limited to, the American Standard Code for Information

  9  Interchange.

10         (5)  Each agency that maintains a public record in an

11  electronic recordkeeping system shall provide to any person,

12  pursuant to this chapter, a copy of any public record in that

13  system which is not exempted by law from public disclosure.

14  An agency must provide a copy of the record in the medium

15  requested if the agency maintains the record in that medium,

16  and the agency may charge a fee which shall be in accordance

17  with this chapter.  For the purpose of satisfying a public

18  records request, the fee to be charged by an agency if it

19  elects to provide a copy of a public record in a medium not

20  routinely used by the agency, or if it elects to compile

21  information not routinely developed or maintained by the

22  agency or that requires a substantial amount of manipulation

23  or programming, must be in accordance with s. 119.07(1)(b).

24         (6)  An agency may not enter into a contract for the

25  creation or maintenance of a public records database if that

26  contract impairs the ability of the public to inspect or copy

27  the public records of that agency, including public records

28  that are on-line or stored in an electronic recordkeeping

29  system used by the agency. Such contract may not allow any

30  impediment that as a practical matter makes it more difficult

31  for the public to inspect or copy the records than to inspect

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  1  or copy the agency's records. The fees and costs for the

  2  production of such records may not be more than the fees or

  3  costs charged by the agency.

  4         (3)(7)  This section is subject to the Open Government

  5  Sunset Review Act of 1995 in accordance with s. 119.15 and

  6  shall stand repealed on October 2, 2006, unless reviewed and

  7  saved from repeal through reenactment by the Legislature.

  8         Section 10.  Sections 119.085 and 119.09, Florida

  9  Statutes, are repealed.

10         Section 11.    Section 119.10, Florida Statutes, is

11  amended:

12         119.10  Violation of chapter; penalties.--

13         (1)  Any public officer who violates any provision of

14  this chapter is guilty of a noncriminal infraction, punishable

15  by fine not exceeding $500.

16         (2)  Any person who willfully and knowingly violates:

17  violating

18         (a)  Any of the provisions of this chapter commits is

19  guilty of a misdemeanor of the first degree, punishable as

20  provided in s. 775.082 or s. 775.083.

21         (b)(3)  Section Any person who willfully and knowingly

22  violates s. 119.105 commits a felony of the third degree,

23  punishable as provided in s. 775.082, s. 775.083, or s.

24  775.084.

25         Section 12.  Section 119.105, Florida Statutes, is

26  amended to read:

27         119.105  Protection of victims of crimes or

28  accidents.--Police reports are public records except as

29  otherwise made exempt or confidential by general or special

30  law. Every person is allowed to examine nonexempt or

31  nonconfidential police reports. No person who inspects or

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  1  copies police reports for the purpose of obtaining the names

  2  and addresses of the victims of crimes or accidents shall use

  3  any information contained therein for any commercial

  4  solicitation of the victims or relatives of the victims of the

  5  reported crimes or accidents. Nothing herein shall prohibit

  6  the publication of such information by any news media or the

  7  use of such information for any other data collection or

  8  analysis purposes.

  9         Section 13.  Paragraph (a) of subsection (1) of section

10  120.55, Florida Statutes, is amended to read:

11         120.55  Publication.--

12         (1)  The Department of State shall:

13         (a)1.  Through a continuous revision system, compile

14  and publish the "Florida Administrative Code." The Florida

15  Administrative Code shall contain Publish in a permanent

16  compilation entitled "Florida Administrative Code" all rules

17  adopted by each agency, citing the specific rulemaking

18  authority pursuant to which each rule was adopted, all history

19  notes as authorized in s. 120.545(9), and complete indexes to

20  all rules contained in the code. Supplementation shall be made

21  as often as practicable, but at least monthly.  The department

22  may contract with a publishing firm for the publication, in a

23  timely and useful form, of the Florida Administrative Code;

24  however, the department shall retain responsibility for the

25  code as provided in this section.  This publication shall be

26  the official compilation of the administrative rules of this

27  state.  The Department of State shall retain the copyright

28  over the Florida Administrative Code.

29         2.  Rules general in form but applicable to only one

30  school district, community college district, or county, or a

31  part thereof, or university rules relating to internal

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  1  personnel or business and finance shall not be published in

  2  the Florida Administrative Code. Exclusion from publication in

  3  the Florida Administrative Code shall not affect the validity

  4  or effectiveness of such rules.

  5         3.  At the beginning of the section of the code dealing

  6  with an agency that files copies of its rules with the

  7  department, the department shall publish the address and

  8  telephone number of the executive offices of each agency, the

  9  manner by which the agency indexes its rules, a listing of all

10  rules of that agency excluded from publication in the code,

11  and a statement as to where those rules may be inspected.

12         4.  Forms shall not be published in the Florida

13  Administrative Code; but any form which an agency uses in its

14  dealings with the public, along with any accompanying

15  instructions, shall be filed with the committee before it is

16  used. Any form or instruction which meets the definition of

17  "rule" provided in s. 120.52 shall be incorporated by

18  reference into the appropriate rule.  The reference shall

19  specifically state that the form is being incorporated by

20  reference and shall include the number, title, and effective

21  date of the form and an explanation of how the form may be

22  obtained.

23         Section 14.  Paragraph (b) of subsection (2) of section

24  257.36, Florida Statutes, is amended to read:

25         257.36  Records and information management.--

26         (2)

27         (b)  Title to any record detained in any records center

28  shall remain in the agency transferring such record to the

29  division. When an agency has been directed to transfer any

30  duty or responsibility to another agency or entity, the

31  receiving agency or entity shall be the official custodian of

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  1  records in accordance with s. 119.021, and shall be

  2  responsible for records storage service charges of the

  3  division.  If an agency or entity is dissolved with no

  4  successor agency or entity, the Executive Office of the

  5  Governor shall be the official custodian of records in

  6  accordance with s. 119.021, and shall be responsible for the

  7  records storage service charges of the division.

  8         Section 15.  Subsection (5) of section 328.15, Florida

  9  Statutes, is amended to read:

10         328.15  Notice of lien on vessel; recording.--

11         (5)  The Department of Highway Safety and Motor

12  Vehicles shall make such rules and regulations as it deems

13  necessary or proper for the effective administration of this

14  law. The department may by rule require that a notice of

15  satisfaction of a lien be notarized. The department shall

16  prepare the forms of the notice of lien and the satisfaction

17  of lien to be supplied, at a charge not to exceed 50 percent

18  more than cost, to applicants for recording the liens or

19  satisfactions and shall keep an official a permanent record of

20  such notices of lien and satisfactions available for

21  inspection by the public at all reasonable times. The division

22  is authorized to furnish certified copies of such

23  satisfactions for a fee of $1, which certified copies shall be

24  admissible in evidence in all courts of this state under the

25  same conditions and to the same effect as certified copies of

26  other public records.

27         Section 16.  Subsection (4) of section 372.5717,

28  Florida Statutes, is amended to read:

29         372.5717  Hunter safety course; requirements;

30  penalty.--

31

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  1         (4)  The commission shall issue a permanent hunter

  2  safety certification card to each person who successfully

  3  completes the hunter safety course.  The commission shall

  4  maintain permanent records of hunter safety certification

  5  cards issued and shall establish procedures for replacing lost

  6  or destroyed cards.

  7         Section 17.  Subsection (2) of section 560.121, Florida

  8  Statutes, is amended to read:

  9         560.121  Records; limited restrictions upon public

10  access.--

11         (2)  Examination reports, investigatory records,

12  applications, and related information compiled by the

13  department, or photographic copies thereof, shall be retained

14  by the department for a period of at least 3 10 years from the

15  date that the examination or investigation ceases to be

16  active. Application records, and related information compiled

17  by the department, or photographic copies thereof, shall be

18  retained by the department for a period of at least 2 years

19  from the date that the registration ceases to be active.

20         Section 18.  Subsection (6) of section 560.123, Florida

21  Statutes, is amended to read:

22         560.123  Florida control of money laundering in the

23  Money Transmitters' Code; reports of transactions involving

24  currency or monetary instruments; when required; purpose;

25  definitions; penalties; corpus delicti.--

26         (6)  The department must retain a copy of all reports

27  received under subsection (5) for a minimum of 3 5 calendar

28  years after receipt of the report. However, if a report or

29  information contained in a report is known by the department

30  to be the subject of an existing criminal proceeding, the

31

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  1  report must be retained for a minimum of 10 calendar years

  2  from the date of receipt.

  3         Section 19.  Subsection (5) of section 560.129, Florida

  4  Statutes, is amended to read:

  5         560.129  Confidentiality.--

  6         (5)  Examination reports, investigatory records,

  7  applications, and related information compiled by the

  8  department, or photographic copies thereof, shall be retained

  9  by the department for a period of at least 3 10 years from the

10  date that the examination or investigation ceases to be

11  active. Application records, and related information compiled

12  by the department, or photographic copies thereof, shall be

13  retained by the department for a period of at least 2 years

14  from the date that the registration ceases to be active.

15         Section 20.  Subsection (3) of section 624.311, Florida

16  Statutes, is amended to read:

17         624.311  Records; reproductions; destruction.--

18         (3)  The department may photograph, microphotograph, or

19  reproduce on film, or maintain in an electronic recordkeeping

20  system whereby each page will be reproduced in exact

21  conformity with the original, all financial records, financial

22  statements of domestic insurers, reports of business

23  transacted in this state by foreign insurers and alien

24  insurers, reports of examination of domestic insurers, and

25  such other records and documents on file in its office as it

26  may in its discretion select.

27         Section 21.  Subsection (1) of section 624.312, Florida

28  Statutes, is amended to read:

29         624.312  Reproductions and certified copies of records

30  as evidence.--

31

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  1         (1)  Photographs or microphotographs in the form of

  2  film or prints, or other reproductions from an electronic

  3  recordkeeping system, of documents and records made under s.

  4  624.311(3), or made under former s. 624.311(3) before October

  5  1, 1982, shall have the same force and effect as the originals

  6  thereof and shall be treated as originals for the purpose of

  7  their admissibility in evidence.  Duly certified or

  8  authenticated reproductions of such photographs or

  9  microphotographs or reproductions from an electronic

10  recordkeeping system shall be as admissible in evidence as the

11  originals.

12         Section 22.  Subsection (2) of section 633.527, Florida

13  Statutes, is amended to read:

14         633.527  Records concerning applicant; extent of

15  confidentiality.--

16         (2)  All examination test questions, answer sheets, and

17  grades shall be retained for a period of 2 5 years from the

18  date of the examination.

19         Section 23.  Subsection (8) of section 655.50, Florida

20  Statutes, is amended to read:

21         655.50  Florida Control of Money Laundering in

22  Financial Institutions Act; reports of transactions involving

23  currency or monetary instruments; when required; purpose;

24  definitions; penalties.--

25         (8)(a)  The department shall retain a copy of all

26  reports received under subsection (4) for a minimum of 5

27  calendar years after receipt of the report. However, if a

28  report or information contained in a report is known by the

29  department to be the subject of an existing criminal

30  proceeding, the report shall be retained for a minimum of 10

31  calendar years after receipt of the report.

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  1         (a)(b)  Each financial institution shall maintain for a

  2  minimum of 5 calendar years full and complete records of all

  3  financial transactions, including all records required by 31

  4  C.F.R. parts 103.33 and 103.34.

  5         (b)(c)  The financial institution shall retain a copy

  6  of all reports filed with the department under subsection (4)

  7  for a minimum of 5 calendar years after submission of the

  8  report. However, if a report or information contained in a

  9  report is known by the financial institution to be the subject

10  of an existing criminal proceeding, the report shall be

11  retained as required by 31 C.F.R. parts 103.33 and 103.34 for

12  a minimum of 10 calendar years after submission of the report.

13         (c)(d)  The financial institution shall retain a copy

14  of all records of exemption for each designation of exempt

15  person made pursuant to subsection (6) for a minimum of 5

16  calendar years after termination of exempt status of such

17  customer. However, if it is known by the financial institution

18  that the customer or the transactions of the customer are the

19  subject of an existing criminal proceeding, the records shall

20  be retained as required by 31 C.F.R. parts 103.33 and 103.34

21  for a minimum of 10 calendar years after termination of exempt

22  status of such customer.

23         Section 24.  Section 945.25, Florida Statutes, is

24  amended to read:

25         945.25  Records.--

26         (1)  It shall be the duty of the Department of

27  Corrections to obtain and place in its official permanent

28  records information as complete as practicable may be

29  practicably available on every person who may be sentenced to

30  supervision or incarceration under the jurisdiction of the

31  department become subject to parole.  Such information shall

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  1  be obtained as soon as possible after imposition of sentence

  2  and shall, in the discretion of the department, include, among

  3  other things:

  4         (a)  A copy of the indictment or information and a

  5  complete statement of the facts of the crime for which such

  6  person has been sentenced.

  7         (b)  The court in which the person was sentenced.

  8         (c)  The terms of the sentence.

  9         (d)  The name of the presiding judge, the prosecuting

10  officers, the investigating officers, and the attorneys for

11  the person convicted.

12         (e)  A copy of all probation reports which may have

13  been made.

14         (f)  Any social, physical, mental, psychiatric, or

15  criminal record of such person.

16         (2)  The department, in its discretion, shall also

17  obtain and place in its permanent records such information on

18  every person who may be placed on probation, and on every

19  person who may become subject to pardon and commutation of

20  sentence.

21         (2)(3)  It shall be the duty of the court and its

22  prosecuting officials to furnish to the department upon its

23  request such information and also to furnish such copies of

24  such minutes and other records as may be in their possession

25  or under their control.

26         (3)(4)  Following the initial hearing provided for in

27  s. 947.172(1), the commission shall prepare and the department

28  shall include in the official record a copy of the

29  seriousness-of-offense and favorable-parole-outcome scores and

30  shall include a listing of the specific factors and

31

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  1  information used in establishing a presumptive parole release

  2  date for the inmate.

  3         Section 25.  Paragraph (e) of subsection (4) of section

  4  985.31, Florida Statutes, is amended to read:

  5         985.31  Serious or habitual juvenile offender.--

  6         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

  7         (e)  The results of any serologic blood or urine test

  8  on a serious or habitual juvenile offender shall become a part

  9  of that child's permanent medical file. Upon transfer of the

10  child to any other designated treatment facility, such file

11  shall be transferred in an envelope marked confidential. The

12  results of any test designed to identify the human

13  immunodeficiency virus, or its antigen or antibody, shall be

14  accessible only to persons designated by rule of the

15  department. The provisions of such rule shall be consistent

16  with the guidelines established by the Centers for Disease

17  Control and Prevention.

18         Section 26.  Paragraph (d) of subsection (6) of section

19  212.095, Florida Statutes, is repealed.

20         Section 27.  Subsection (9) of section 238.03, Florida

21  Statutes, is repealed.

22         Section 28.  Section 591.34, Florida Statutes, is

23  repealed.

24         Section 29.  The Records Management Center of the

25  Department of State in Tallahassee, Florida, is designated as

26  the "James C. 'Jim' Smith Records Management Center."

27         Section 30.  This act shall take effect July 1, 2002.

28

29

30

31

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Reorganizes various provisions of chapter 119, F.S.,
  4    which governs the maintenance and dissemination of public
      records by state agencies and local governments.
  5

  6    Amends various provisions of Florida Statutes relating to
      records management to:
  7

  8    Remove photographic film reproductions of specified
      vouchers or checks paid by the State Treasurer and
  9    preserved as records of the office of the Treasurer from
      classification as permanent records.
10

11    Revise language with respect to publication of the
      Florida Administrative Code to provide that the
12    Department of State is required to compile and publish
      the code through a continuous revision system.
13

14    Provide procedure with respect to official custody of
      records upon transfer of duties or responsibilities
15    between state agencies or dissolution of a state agency.

16
      Revise the classification of:
17         1.  Records of notices and satisfaction of liens on
      vessels maintained by the Department of Highway Safety
18    and Motor Vehicles.
           2.  Records of hunter safety certification cards
19    maintained by the Fish and Wildlife Conservation
      Commission.
20         3.  Specified medical files of serious or habitual
      juvenile offenders.
21

22    Decrease the period of retention of:
           1.  Specified cost and inspection reports pertaining
23    to nursing home facilities.
           2.  Contracts between an assisted living facility
24    and a resident of such facility.
           3.  Clinical records for patients who receive
25    skilled care from a home health agency.
           4.  Hospice patient records after termination of
26    hospice services.
           5.  A residency agreement between a provider of
27    adult family-care home services and a resident of the
      adult family-care home.
28         6.  Specified reports filed by money transmitters
      with the Department of Banking and Finance under the
29    Money Transmitters' Code.
           7.  Specified examination test questions, answer
30    sheets, and grades in the possession of the Division of
      State Fire Marshal of the Department of Insurance.
31

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  1    Decrease and qualify the period of retention for
      examination reports, investigatory records, applications,
  2    application records, and related information compiled by
      the Department of Banking and Finance under the Money
  3    Transmitters' Code.

  4
      Authorize the Department of Insurance to maintain an
  5    electronic recordkeeping system for specified records,
      statements, reports, and documents and eliminate a
  6    standard for the reproduction of such records,
      statements, reports, and documents.
  7

  8    Provide that reproductions from an electronic
      recordkeeping system of specified documents and records
  9    of the Department of Insurance shall be treated as
      originals for the purpose of their admissibility in
10    evidence.

11
      Revise a requirement of the Department of Banking and
12    Finance to retain copies of specified reports submitted
      by financial institutions under the Florida Control of
13    Money Laundering in Financial Institutions Act to provide
      that such reports or information contained therein which
14    are known to be the subject of an existing criminal
      proceeding shall be retained in accordance with federal
15    law, and revise a requirement of the department to retain
      copies of specified records of exemption for a person
16    exempt under the act to provide that if such person or
      the person's transactions are known to be the subject of
17    an existing criminal proceeding the records shall be
      retained in accordance with federal law.
18

19    Require the Department of Corrections to obtain and place
      in its official records specified information on every
20    person who may be sentenced to supervision or
      incarceration under the jurisdiction of the department.
21    Eliminates a requirement of the department, in its
      discretion, to obtain and place in its permanent records
22    specified information on persons placed on probation and
      on persons who may become subject to pardon and
23    commutation of sentence.

24
      Repeal provisions which require the Department of Revenue
25    to keep a permanent record of the amounts of refunds
      claimed and paid under ch. 212, F.S., and which require
26    that such records shall be open to public inspection.

27
      Repeal provisions relating to the authority of the
28    Department of Management Services to photograph and
      reduce to microfilm as a permanent record its ledger
29    sheets showing the salaries and contributions of members
      of the Teachers' Retirement System of Florida, the
30    records of deceased members of the system, and the
      authority to destroy the documents from which such films
31    derive.

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  1    Eliminate a procedure by which permission may be obtained
      from the Department of Agriculture and Consumer Services
  2    to cut seed trees.

  3
      Designates the Records Management Center of the
  4    Department of State as the "James C. 'Jim' Smith Records
      Management Center."
  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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