March 30, 2020
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Senate Bill 0274

Senate Bill sb0274e1

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    SB 274                                         First Engrossed



  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

10         governmental agencies to consider certain

11         factors in designing or acquiring electronic

12         recordkeeping systems; providing certain

13         restrictions with respect to electronic

14         recordkeeping systems and proprietary software;

15         requiring governmental agencies to provide

16         copies of public records stored in electronic

17         recordkeeping systems; authorizing agencies to

18         charge a fee for such copies; specifying

19         circumstances under which the financial,

20         business, and membership records of an

21         organization are public records; amending s.

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

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

24         relating to specified exemption for certain

25         videotapes and video signals, records made

26         public by the use of public funds, and

27         penalties for violation of public records

28         requirements by a public officer; amending s.

29         119.021, F.S.; providing requirements for

30         governmental agencies in maintaining and

31         preserving public records; requiring the


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    SB 274                                         First Engrossed



  1         Division of Library and Information Services of

  2         the Department of State to adopt rules for

  3         retaining and disposing of public records;

  4         authorizing the division to provide for

  5         archiving certain noncurrent records; providing

  6         for the destruction of certain records and the

  7         continued maintenance of certain records;

  8         providing for the disposition of records at the

  9         end of an official's term of office; requiring

10         that a custodian of public records demand

11         delivery of records held unlawfully; repealing

12         ss. 119.031, 119.041, 119.05, and 119.06, F.S.,

13         relating to the retention and disposal of

14         public records and the delivery of records held

15         unlawfully; amending s. 119.07, F.S.; revising

16         provisions governing the inspection and copying

17         of public records; establishing fees for

18         copying; providing requirements for making

19         photographs; authorizing additional means of

20         copying; repealing ss. 119.08 and 119.083,

21         F.S., relating to requirements for making

22         photographs of public records and the licensing

23         and sale of copyrighted data processing

24         software by an agency; amending s. 119.084,

25         F.S.; deleting certain provisions governing the

26         maintenance of public records in an electronic

27         recordkeeping system; repealing ss. 119.085 and

28         119.09, F.S., relating to remote electronic

29         access to public records and the program for

30         records and information management of the

31         Department of State; amending s. 119.10, F.S.;


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    SB 274                                         First Engrossed



  1         clarifying provisions with respect to penalties

  2         for violations of ch. 119, F.S.; amending s.

  3         119.105, F.S.; clarifying provisions under

  4         which certain police reports may be exempt from

  5         the public records law; amending s. 120.55,

  6         F.S.; revising language with respect to

  7         publication of the Florida Administrative Code

  8         to provide that the Department of State is

  9         required to compile and publish the code

10         through a continuous revision system; amending

11         s. 257.36, F.S.; providing procedure with

12         respect to official custody of records upon

13         transfer of duties or responsibilities between

14         state agencies or dissolution of a state

15         agency; amending s. 328.15, F.S.; revising the

16         classification of records of notices and

17         satisfaction of liens on vessels maintained by

18         the Department of Highway Safety and Motor

19         Vehicles; amending s. 372.5717, F.S.; revising

20         the classification of records of hunter safety

21         certification cards maintained by the Fish and

22         Wildlife Conservation Commission; amending s.

23         560.121, F.S.; decreasing and qualifying the

24         period of retention for examination reports,

25         investigatory records, applications,

26         application records, and related information

27         compiled by the Department of Banking and

28         Finance under the Money Transmitters' Code;

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

30         period of retention for specified reports filed

31         by money transmitters with the Department of


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    SB 274                                         First Engrossed



  1         Banking and Finance under the Money

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

  3         decreasing and qualifying the period of

  4         retention for examination reports,

  5         investigatory records, applications,

  6         application records, and related information

  7         compiled by the Department of Banking and

  8         Finance under the Money Transmitters' Code;

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

10         Department of Insurance to maintain an

11         electronic recordkeeping system for specified

12         records, statements, reports, and documents;

13         eliminating a standard for the reproduction of

14         such records, statements, reports, and

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

16         that reproductions from an electronic

17         recordkeeping system of specified documents and

18         records of the Department of Insurance shall be

19         treated as originals for the purpose of their

20         admissibility in evidence; amending s. 633.527,

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

22         specified examination test questions, answer

23         sheets, and grades in the possession of the

24         Division of State Fire Marshal of the

25         Department of Insurance; amending s. 655.50,

26         F.S.; revising requirements of the Department

27         of Banking and Finance with respect to

28         retention of copies of specified reports and

29         records of exemption submitted or filed by

30         financial institutions under the Florida

31         Control of Money Laundering in Financial


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    SB 274                                         First Engrossed



  1         Institutions Act; amending s. 945.25, F.S.;

  2         requiring the Department of Corrections to

  3         obtain and place in its records specified

  4         information on every person who may be

  5         sentenced to supervision or incarceration under

  6         the jurisdiction of the department; eliminating

  7         a requirement of the department, in its

  8         discretion, to obtain and place in its

  9         permanent records specified information on

10         persons placed on probation and on persons who

11         may become subject to pardon and commutation of

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

13         the classification of specified medical files

14         of serious or habitual juvenile offenders;

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

16         requires the Department of Revenue to keep a

17         permanent record of the amounts of refunds

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

19         requires that such records shall be open to

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

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

22         Department of Management Services to photograph

23         and reduce to microfilm as a permanent record

24         its ledger sheets showing the salaries and

25         contributions of members of the Teachers'

26         Retirement System of Florida, the records of

27         deceased members of the system, and the

28         authority to destroy the documents from which

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

30         eliminating a procedure by which permission may

31         be obtained from the Department of Agriculture


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    SB 274                                         First Engrossed



  1         and Consumer Services to cut seed trees;

  2         amending s. 27.151, F.S.; expanding

  3         considerations of the Governor in making an

  4         executive order confidential; correcting a

  5         cross reference; amending s. 399.02, F.S.;

  6         eliminating a confidentiality requirement of

  7         the Department of Business and Professional

  8         Regulation with respect to the names of

  9         companies under contract to provide elevator

10         service maintenance; amending s. 655.0321,

11         F.S.; expanding considerations of the

12         Department of Banking and Finance in

13         determining whether specified hearings and

14         proceedings and documents related thereto shall

15         be exempt from public records and meetings

16         requirements; correcting a cross reference;

17         amending ss. 15.09, 23.22, 101.5607, 112.533,

18         231.291, 257.34, 257.35, 282.21, 287.0943,

19         320.05, 322.20, 338.223, 378.406, 400.0077,

20         401.27, 403.111, 409.2577, 455.219, 456.025,

21         627.311, 627.351, 633.527, 668.50, and 794.024,

22         F.S.; conforming cross references; reenacting

23         s. 947.13(2)(a), F.S., relating to the duty of

24         the Parole Commission to examine specified

25         records, to incorporate the amendment to s.

26         945.25, F.S., in a reference thereto;

27         designating the Records Management Center of

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

29         Smith Records Center"; providing an effective

30         date.

31


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    SB 274                                         First Engrossed



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

  2

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

  4  Statutes, is amended to read:

  5         18.20  Treasurer to make reproductions of certain

  6  warrants, records, and documents.--

  7         (1)  All vouchers or checks heretofore or hereafter

  8  drawn by appropriate court officials of the several counties

  9  of the state against money deposited with the Treasurer under

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

11  photographed, microphotographed, or reproduced on film by the

12  Treasurer.  Such photographic film shall be durable material

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

14  or checks shall be one which accurately reproduces the

15  originals thereof in all detail; and such photographs,

16  microphotographs, or reproductions on film shall be placed in

17  conveniently accessible and identified files and shall be

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

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

20  been so photographed, microphotographed, or reproduced on

21  film, and the photographs, microphotographs, or reproductions

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

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

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

25  or checks to the offices of the respective county officials

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

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

28  a part of the permanent records of such offices.

29         Section 2.  Section 119.01, Florida Statutes, is

30  amended to read:

31         119.01  General state policy on public records.--


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    SB 274                                         First Engrossed



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

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

  3  inspection by any person unless the records are exempt from

  4  inspection.

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

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

  7  each agency. by remote electronic means is an additional

  8  method of access that agencies should strive to provide to the

  9  extent feasible.  If an agency provides access to public

10  records by remote electronic means, then such access should be

11  provided in the most cost-effective and efficient manner

12  available to the agency providing the information.

13         (2)(3)(a)  The Legislature finds that providing access

14  to public records is a duty of each agency and that Automation

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

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

17  dependence on electronic recordkeeping, each agency must

18  provide ensure reasonable public access to records

19  electronically maintained and must keep information made

20  exempt or confidential from being disclosed to the public.

21         (b)  An agency must consider when designing or

22  acquiring an electronic recordkeeping system whether such

23  system is capable of providing data in some common format such

24  as, but not limited to, the American Standard Code for

25  Information Interchange.

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

27  creation or maintenance of a public records database if that

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

29  the public records of the agency, including public records

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

31  system used by the agency.


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    SB 274                                         First Engrossed



  1         (d)  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         (e)  Providing access to public records by remote

  6  electronic means is an additional method of access that

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

  8  an agency provides access to public records by remote

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

10  cost-effective and efficient manner available to the agency

11  providing the information.

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

13  electronic recordkeeping system shall provide to any person,

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

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

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

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

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

19  chapter. For the purpose of satisfying a public records

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

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

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

23  routinely developed or maintained by the agency or that

24  requires a substantial amount of manipulation or programming,

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

26         (3)  If public funds are expended by an agency defined

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

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

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

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

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


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    SB 274                                         First Engrossed



  1  which pertain to the public agency are public records and

  2  subject to the provisions of s. 119.07.

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

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

  5  administrative, or archival value in accordance with retention

  6  schedules established by the records and information

  7  management program of the Division of Library and Information

  8  Services of the Department of State.

  9         Section 3.  Section 119.011, Florida Statutes, is

10  amended to read:

11         119.011  Definitions.--As used in For the purpose of

12  this chapter, the term:

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

14  material and supplies used to duplicate the public record, but

15  it does not include the labor cost or overhead cost associated

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

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

18  recordings, data 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         (2)  "Agency" means any state, county, district,

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

25  bureau, commission, or other separate unit of government

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

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

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

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

30  business entity acting on behalf of any public agency.

31


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    SB 274                                         First Engrossed



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

  2  information with respect to an identifiable person or group of

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

  4  anticipate, prevent, or monitor possible criminal activity.

  5         (b)  "Criminal investigative information" means

  6  information with respect to an identifiable person or group of

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

  8  conducting a criminal investigation of a specific act or

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

10  from laboratory tests, reports of investigators or informants,

11  or any type of surveillance.

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

13  investigative information" shall not include:

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

15  crime.

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

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

18  119.07(6)(3)(f).

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

20  the arrest.

21         4.  The crime charged.

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

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

24  119.07(6)(3)(f), and, except that the court in a criminal case

25  may order that certain information required by law or agency

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

27  confidential manner and exempt from the provisions of s.

28  119.07(1) until released at trial if it is found that the

29  release of such information would:

30

31


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    SB 274                                         First Engrossed



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

  2  witness or would jeopardize the safety of such victim or

  3  witness; and

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

  5  prosecute a codefendant.

  6         6.  Informations and indictments except as provided in

  7  s. 905.26.

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

  9  meaning:

10         1.  Criminal intelligence information shall be

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

12  gathering conducted with a reasonable, good faith belief that

13  it will lead to detection of ongoing or reasonably anticipated

14  criminal activities.

15         2.  Criminal investigative information shall be

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

17  investigation which is continuing with a reasonable, good

18  faith anticipation of securing an arrest or prosecution in the

19  foreseeable future.

20

21  In addition, criminal intelligence and criminal investigative

22  information shall be considered "active" while such

23  information is directly related to pending prosecutions or

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

25  cases which are barred from prosecution under the provisions

26  of s. 775.15 or other statute of limitation.

27         (4)  "Criminal justice agency" means:

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

29  The term also includes

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

31  enforcement duties;, or


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    SB 274                                         First Engrossed



  1         (c)  Any agency having custody of criminal intelligence

  2  information or criminal investigative information for the

  3  purpose of assisting such law enforcement agencies in the

  4  conduct of active criminal investigation or prosecution or for

  5  the purpose of litigating civil actions under the Racketeer

  6  Influenced and Corrupt Organization Act, during the time that

  7  such agencies are in possession of criminal intelligence

  8  information or criminal investigative information pursuant to

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

10  includes

11         (d)  The Department of Corrections.

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

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

14  responsibility of maintaining the office having public

15  records, or his or her designee.

16         (6)  "Data processing software" means the programs and

17  routines used to employ and control the capabilities of data

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

19  systems, compilers, assemblers, utilities, library routines,

20  maintenance routines, applications, and computer networking

21  programs.

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

23  duplicating, as defined in s. 283.30.

24         (8)  "Exemption" means a provision of general law which

25  provides that a specified record or meeting, or portion

26  thereof, is not subject to the access requirements of s.

27  119.07(1), s. 286.011, or s. 24, Art. I of the State

28  Constitution.

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

30  ascribed in s. 282.0041(7).

31


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    SB 274                                         First Engrossed



  1         (10)  "Proprietary software" means data processing

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

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

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

  5  recordings, data processing software, or other material,

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

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

  8  in connection with the transaction of official business by any

  9  agency.

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

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

12  portions of data processing software, including the

13  specifications and documentation, which are used to:

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

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

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

17  management information of the agency, such as payroll and

18  accounting records; or

19         (c)  Control and direct access authorizations and

20  security measures for automated systems.

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

22  Florida Statutes, are repealed.

23         Section 5.  Section 119.021, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section. See

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

27         119.021  Custodial requirements; maintenance,

28  preservation, and retention of public records.--

29         (1)  Public records shall be maintained and preserved

30  as follows:

31


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    SB 274                                         First Engrossed



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

  2  in which they are ordinarily used.

  3         (b)  Insofar as practicable, a custodian of public

  4  records of vital, permanent, or archival records shall keep

  5  them in fireproof and waterproof safes, vaults, or rooms

  6  fitted with noncombustible materials and in such arrangement

  7  as to be easily accessible for convenient use.

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

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

10  difficult to read.

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

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

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

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

15  governing body of such municipality may authorize that such

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

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

18  repair, restore, or rebind them.

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

20  copied shall attest and certify under oath that the copy is an

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

22  the force and effect of the original.

23         (2)(a)  The Division of Library and Information

24  Services of the Department of State shall adopt rules to

25  establish retention schedules and a disposal process for

26  public records.

27         (b)  Each agency shall comply with the rules

28  establishing retention schedules and disposal processes for

29  public records which are adopted by the records and

30  information management program of the division.

31


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    SB 274                                         First Engrossed



  1         (c)  Every public official shall systematically dispose

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

  3  records and information management program of the division in

  4  accordance with s. 257.36.

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

  6  records and shall give advice and assistance to public

  7  officials to solve problems related to the preservation,

  8  creation, filing, and public accessibility of public records

  9  in their custody. Public officials shall assist the division

10  by preparing an inclusive inventory of categories of public

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

12  period for the retention or disposal of each series of

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

14  the division shall, subject to the availability of necessary

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

16  space available in its records center for the filing of

17  semicurrent records so scheduled and in its archives for

18  noncurrent records of permanent value, and shall render such

19  other assistance as needed, including the microfilming of

20  records so scheduled.

21         (3)  Agency orders that comprise final agency action

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

23  continuing legal significance; therefore, notwithstanding any

24  other provision of this chapter or any provision of chapter

25  257, each agency shall permanently maintain records of such

26  orders pursuant to the applicable rules of the Department of

27  State.

28         (4)(a)  Whoever has custody of any public records shall

29  deliver, at the expiration of his or her term of office, to

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

31  information management program of the Division of Library and


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    SB 274                                         First Engrossed



  1  Information Services of the Department of State, all public

  2  records kept or received by him or her in the transaction of

  3  official business.

  4         (b)  Whoever is entitled to custody of public records

  5  shall demand them from any person having illegal possession of

  6  them, who must forthwith deliver the same to him or her. Any

  7  person unlawfully possessing public records must within 10

  8  days deliver such records to the lawful custodian of public

  9  records unless just cause exists for failing to deliver such

10  records.

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

12  119.06, Florida Statutes, are repealed.

13         Section 7.  Section 119.07, Florida Statutes, as

14  amended by chapter 2001-364, Laws of Florida, is amended to

15  read:

16         119.07  Inspection, examination, and copying

17  duplication of records; fees; exemptions.--

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

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

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

21  reasonable conditions, and under supervision by the custodian

22  of the public records record or the custodian's designee.

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

24  asserts that an exemption applies to a part of such record

25  shall delete or excise from a copy of that record that portion

26  of the record to which an exemption has been asserted and

27  validly applies, and such person shall produce the remainder

28  of such record for inspection and copying.

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

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

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


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    SB 274                                         First Engrossed



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

  2  including the statutory citation to an exemption created or

  3  afforded by statute.

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

  5  copy the record, the custodian of public records shall state

  6  in writing and with particularity the reasons for the

  7  conclusion that the record is exempt.

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

  9  section is asserted, if the exemption is alleged to exist

10  under or by virtue of paragraph (6)(c), paragraph (6)(d),

11  paragraph (6)(e), paragraph (6)(k), paragraph (6)(l), or

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

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

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

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

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

17  asserted exemption is not applicable, it shall order the

18  public record or part thereof in question to be immediately

19  produced for inspection or copying as requested by the person

20  seeking such access.

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

22  public records that a requested record is not a public record

23  subject to public inspection or copying under this subsection,

24  the requested record shall, nevertheless, not be disposed of

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

26  request to inspect or copy the record was served on or

27  otherwise made to the custodian of public records by the

28  person seeking access to the record. If a civil action is

29  instituted within the 30-day period to enforce the provisions

30  of this section with respect to the requested record, the

31  custodian of public records may not dispose of the record


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    SB 274                                         First Engrossed



  1  except by order of a court of competent jurisdiction after

  2  notice to all affected parties.

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

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

  5  of public records of the duty to maintain the record as a

  6  public record if the record is in fact a public record subject

  7  to public inspection and copying under this subsection and

  8  does not otherwise excuse or exonerate the custodian of public

  9  records from any unauthorized or unlawful disposition of such

10  record.

11         (2)(a)  Any person shall have the right of access to

12  public records for the purpose of making photographs of the

13  record while in the possession, custody, and control of the

14  custodian of public records.

15         (b)  This subsection applies to the making of

16  photographs in the conventional sense by use of a camera

17  device to capture images of public records but excludes the

18  duplication of microfilm in the possession of the clerk of the

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

20  available by the clerk.

21         (c)  Photographing public records shall be done under

22  the supervision of the custodian of public records, who may

23  adopt and enforce reasonable rules governing the work.

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

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

26  judgment of the custodian of public records, this is

27  impossible or impracticable, the work shall be done in another

28  room or place, as nearly adjacent as possible to the room

29  where the public records are kept, to be determined by the

30  custodian of public records. Where provision of another room

31  or place for photographing is required, the expense of


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    SB 274                                         First Engrossed



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

  2  photograph the public record pursuant to paragraph (4)(e).

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

  4  public records, a custodian of public records may provide

  5  access to public records by remote electronic means, provided

  6  confidential or exempt information is not disclosed.

  7         (b)  The custodian of public records shall provide

  8  safeguards to protect the contents of public records from

  9  unauthorized remote electronic access or alteration and to

10  prevent the disclosure or modification of those portions of

11  public records which are exempt from subsection (1) or s. 24,

12  Art. I of the State Constitution.

13         (c)  Unless otherwise required by law, the custodian of

14  public records may charge a fee for remote electronic access,

15  granted under a contractual arrangement with a user, which fee

16  may include the direct and indirect costs of providing such

17  access. Fees for remote electronic access provided to the

18  general public shall be in accordance with the provisions of

19  this section.

20         (4)  The custodian of public records shall furnish a

21  copy or a certified copy of the record upon payment of the fee

22  prescribed by law. or, If a fee is not prescribed by law, the

23  following fees are authorized:

24         (a)1.  Up to 15 cents per one-sided copy for duplicated

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

26         2.  An agency may charge no more than an additional 5

27  cents for each two-sided copy;, upon payment of not more than

28  15 cents per one-sided copy, and

29         3.  For all other copies, upon payment of the actual

30  cost of duplication of the public record.  An agency may

31  charge no more than an additional 5 cents for each two-sided


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  1  duplicated copy.  For purposes of this section, duplicated

  2  copies shall mean new copies produced by duplicating, as

  3  defined in s. 283.30.  The phrase "actual cost of duplication"

  4  means the cost of the material and supplies used to duplicate

  5  the record, but it does not include the labor cost or overhead

  6  cost associated with such duplication.  However,

  7         (b)  The charge for copies of county maps or aerial

  8  photographs supplied by county constitutional officers may

  9  also include a reasonable charge for the labor and overhead

10  associated with their duplication.  Unless otherwise provided

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

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

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

14         (c)  An agency may charge up to $1 per copy for a

15  certified copy of a public record.

16         (d)(b)  If the nature or volume of public records

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

18  this subsection is such as to require extensive use of

19  information technology resources or extensive clerical or

20  supervisory assistance by personnel of the agency involved, or

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

22  duplication, a special service charge, which shall be

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

24  extensive use of information technology resources or the labor

25  cost of the personnel providing the service that is actually

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

27  clerical and supervisory assistance required, or both.

28         (e)1.  Where provision of another room or place is

29  necessary to photograph public records, the expense of

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

31  photograph the public records.


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  1         2.  The custodian of public records may charge the

  2  person making the photographs for supervision services at a

  3  rate of compensation to be agreed upon by the person desiring

  4  to make the photographs and the custodian of public records.

  5  If they fail to agree as to the appropriate charge, then the

  6  charge is to be determined by the custodian of public records.

  7  "Information technology resources" means data processing

  8  hardware and software and services, communications, supplies,

  9  personnel, facility resources, maintenance, and training.

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

11  for inspection or examination, no persons other than the

12  supervisor of elections or the supervisor's employees shall

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

14  reasonable effort to notify all candidates by telephone or

15  otherwise of the time and place of the inspection or

16  examination. All such candidates, or their representatives,

17  shall be allowed to be present during the inspection or

18  examination.

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

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

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

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

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

24  exemption has been asserted and validly applies, and such

25  person shall produce the remainder of such record for

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

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

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

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

30  applicable to the record, including the statutory citation to

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


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    SB 274                                         First Engrossed



  1  by the person seeking the right under this subsection to

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

  3  writing and with particularity the reasons for the conclusion

  4  that the record is exempt.

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

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

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

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

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

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

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

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

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

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

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

16  immediately produced for inspection, examination, or copying

17  as requested by the person seeking such access.

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

19  public record that a requested record is not a public record

20  subject to public inspection and examination under subsection

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

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

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

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

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

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

27  provisions of this section with respect to the requested

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

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

30  all affected parties.

31


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    SB 274                                         First Engrossed



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

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

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

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

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

  6  excuse or exonerate the custodian from any unauthorized or

  7  unlawful disposition of such record.

  8         (6)(3)(a)  Examination questions and answer sheets of

  9  examinations administered by a governmental agency for the

10  purpose of licensure, certification, or employment are exempt

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

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

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

14  completed examination.

15         (b)1.  Active criminal intelligence information and

16  active criminal investigative information are exempt from the

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

18  Constitution.

19         2.  A request of a law enforcement agency to inspect or

20  copy a public record that is in the custody of another agency,

21  the custodian's response to the request, and any information

22  that would identify the public record that was requested by

23  the law enforcement agency or provided by the custodian are

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

25  Art. I of the State Constitution, during the period in which

26  the information constitutes criminal intelligence

27  criminal-intelligence information or criminal investigative

28  criminal-investigative information that is active. This

29  exemption is remedial in nature and it is the intent of the

30  Legislature that the exemption be applied to requests for

31  information received before, on, or after the effective date


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    SB 274                                         First Engrossed



  1  of this subparagraph. The law enforcement agency shall give

  2  notice to the custodial agency when the criminal intelligence

  3  criminal-intelligence information or criminal investigative

  4  criminal-investigative information is no longer active, so

  5  that the custodian's response to the request and information

  6  that would identify the public record requested are available

  7  to the public. This subparagraph is subject to the Open

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

  9  119.15 and shall stand repealed October 2, 2007, unless

10  reviewed and saved from repeal through reenactment by the

11  Legislature.

12         (c)  Any information revealing the identity of a

13  confidential informant or a confidential source is exempt from

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

15  State Constitution.

16         (d)  Any information revealing surveillance techniques

17  or procedures or personnel is exempt from the provisions of

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

19  Any comprehensive inventory of state and local law enforcement

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

21  comprehensive policies or plans compiled by a criminal justice

22  agency pertaining to the mobilization, deployment, or tactical

23  operations involved in responding to emergencies, as defined

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

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

26  unavailable for inspection, except by personnel authorized by

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

28  Governor, the Department of Legal Affairs, the Department of

29  Law Enforcement, or the Department of Community Affairs as

30  having an official need for access to the inventory or

31  comprehensive policies or plans.


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  1         (e)  Any information revealing undercover personnel of

  2  any criminal justice agency is exempt from the provisions of

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

  4         (f)  Any criminal intelligence information or criminal

  5  investigative information including the photograph, name,

  6  address, or other fact or information which reveals the

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

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

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

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

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

12  defined by chapter 827 and any criminal intelligence

13  information or criminal investigative information or other

14  criminal record, including those portions of court records and

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

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

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

18  827, is exempt from the provisions of subsection (1) and s.

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

20         (g)  Any criminal intelligence information or criminal

21  investigative information which reveals the personal assets of

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

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

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

25  Constitution.

26         (h)  All criminal intelligence and criminal

27  investigative information received by a criminal justice

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

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

30  Constitution.

31


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    SB 274                                         First Engrossed



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

  2  security numbers, and photographs of active or former law

  3  enforcement personnel, including correctional and correctional

  4  probation officers, personnel of the Department of Children

  5  and Family Services whose duties include the investigation of

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

  7  activities, personnel of the Department of Health whose duties

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

  9  and personnel of the Department of Revenue or local

10  governments whose responsibilities include revenue collection

11  and enforcement or child support enforcement; the home

12  addresses, telephone numbers, social security numbers,

13  photographs, and places of employment of the spouses and

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

15  schools and day care facilities attended by the children of

16  such personnel are exempt from the provisions of subsection

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

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

19  addresses, telephone numbers, photographs, and places of

20  employment of the spouses and children of such firefighters;

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

22  attended by the children of such firefighters are exempt from

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

24  justices of the Supreme Court, district court of appeal

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

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

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

28  and locations of schools and day care facilities attended by

29  the children of justices and judges are exempt from the

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

31  numbers, social security numbers, and photographs of current


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    SB 274                                         First Engrossed



  1  or former state attorneys, assistant state attorneys,

  2  statewide prosecutors, or assistant statewide prosecutors; the

  3  home addresses, telephone numbers, social security numbers,

  4  photographs, and places of employment of the spouses and

  5  children of current or former state attorneys, assistant state

  6  attorneys, statewide prosecutors, or assistant statewide

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

  8  care facilities attended by the children of current or former

  9  state attorneys, assistant state attorneys, statewide

10  prosecutors, or assistant statewide prosecutors are exempt

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

12  Constitution.

13         2.  The home addresses, telephone numbers, social

14  security numbers, and photographs of current or former human

15  resource, labor relations, or employee relations directors,

16  assistant directors, managers, or assistant managers of any

17  local government agency or water management district whose

18  duties include hiring and firing employees, labor contract

19  negotiation, administration, or other personnel-related

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

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

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

23  locations of schools and day care facilities attended by the

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

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

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

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

28  2, 2006, unless reviewed and saved from repeal through

29  reenactment by the Legislature.

30         3.  The home addresses, telephone numbers, social

31  security numbers, and photographs of current or former code


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    SB 274                                         First Engrossed



  1  enforcement officers; the names, home addresses, telephone

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

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

  4  the names and locations of schools and day care facilities

  5  attended by the children of such persons are exempt from

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

  7  This subparagraph is subject to the Open Government Sunset

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

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

10  from repeal through reenactment by the Legislature.

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

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

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

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

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

16  maintain the exempt status confidentiality of the personal

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

18  other person, or employing agency of the designated employee

19  submits a written request for maintenance of the exemption

20  confidentiality to the custodial agency.

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

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

23  state for the purpose of forming ridesharing arrangements,

24  which information reveals the identity of an individual who

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

26  341.031, is exempt from the provisions of subsection (1) and

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

28         (k)  Any information revealing the substance of a

29  confession of a person arrested is exempt from the provisions

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

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


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    SB 274                                         First Engrossed



  1  determined by adjudication, dismissal, or other final

  2  disposition.

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

  4  attorney (including an attorney employed or retained by the

  5  agency or employed or retained by another public officer or

  6  agency to protect or represent the interests of the agency

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

  8  express direction, which reflects a mental impression,

  9  conclusion, litigation strategy, or legal theory of the

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

11  civil or criminal litigation or for adversarial administrative

12  proceedings, or which was prepared in anticipation of imminent

13  civil or criminal litigation or imminent adversarial

14  administrative proceedings, is exempt from the provisions of

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

16  until the conclusion of the litigation or adversarial

17  administrative proceedings. For purposes of capital collateral

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

19  office is entitled to claim this exemption for those public

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

21  collateral litigation after direct appeal until execution of

22  sentence or imposition of a life sentence.

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

24  public record to another public employee or officer of the

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

26  When asserting the right to withhold a public record pursuant

27  to this paragraph, the agency shall identify the potential

28  parties to any such criminal or civil litigation or

29  adversarial administrative proceedings.  If a court finds that

30  the document or other record has been improperly withheld

31  under this paragraph, the party seeking access to such


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    SB 274                                         First Engrossed



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

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

  3  court.

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

  5  pursuant to invitations to bid or requests for proposals are

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

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

  8  provides notice of a decision or intended decision pursuant to

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

10  opening, whichever is earlier.

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

12  government seeks to acquire real property by purchase or

13  through the exercise of the power of eminent domain all

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

15  counteroffers must be in writing and are exempt from the

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

17  Constitution until execution of a valid option contract or a

18  written offer to sell that has been conditionally accepted by

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

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

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

22  agency may give conditional acceptance to any option or offer

23  subject only to final acceptance by the agency after the

24  30-day review period.  If a valid option contract is not

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

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

27  of this chapter shall expire at the conclusion of the

28  condemnation litigation of the subject property. An agency of

29  the executive branch may exempt title information, including

30  names and addresses of property owners whose property is

31  subject to acquisition by purchase or through the exercise of


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

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

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

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

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

  6  branch of state government to purchase real property subject

  7  to final agency approval.  This paragraph shall have no

  8  application to other exemptions from the provisions of

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

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

11  thereof.

12         (o)  Data processing software obtained by an agency

13  under a licensing agreement which prohibits its disclosure and

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

15  and agency-produced data processing software which is

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

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

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

19  agency head from sharing or exchanging such software with

20  another public agency.  As used in this paragraph:

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

22  routines used to employ and control the capabilities of data

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

24  systems, compilers, assemblers, utilities, library routines,

25  maintenance routines, applications, and computer networking

26  programs.

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

28  processing software, including the specifications and

29  documentation, used to:

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

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


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    SB 274                                         First Engrossed



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

  2  management information of the agency, such as payroll and

  3  accounting records; or

  4         c.  Control and direct access authorizations and

  5  security measures for automated systems.

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

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

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

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

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

11  financing of housing are exempt from the provisions of

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

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

14  investigation of the complaint becomes inactive, or the

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

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

17  affect any function or activity of the Florida Commission on

18  Human Relations.  Any state or federal agency which is

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

20  provision of law shall be granted such access in the

21  furtherance of such agency's statutory duties, notwithstanding

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

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

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

25  any agency in the executive branch of state government which

26  relate to a complaint of discrimination relating to race,

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

28  marital status in connection with hiring practices, position

29  classifications, salary, benefits, discipline, discharge,

30  employee performance, evaluation, or other related activities

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


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    SB 274                                         First Engrossed



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

  2  relating to probable cause, the investigation of the complaint

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

  4  part of the official record of any hearing or court

  5  proceeding.  This provision shall not affect any function or

  6  activity of the Florida Commission on Human Relations.  Any

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

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

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

10  statutory duties, notwithstanding the provisions of this

11  section.

12         (r)  All records supplied by a telecommunications

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

14  governmental agency which contain the name, address, and

15  telephone number of subscribers are confidential and exempt

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

17  the State Constitution.

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

19  employment telephone number, home or employment address, or

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

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

22  any agency that regularly receives information from or

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

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

25  Constitution. Any information not otherwise held confidential

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

27  the home or employment telephone number, home or employment

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

29  victim of sexual battery, aggravated child abuse, aggravated

30  stalking, harassment, aggravated battery, or domestic violence

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


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    SB 274                                         First Engrossed



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

  2  victim, which must include official verification that an

  3  applicable crime has occurred.  Such information shall cease

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

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

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

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

  8  duties, notwithstanding the provisions of this section.

  9         2.  Any information in a videotaped statement of a

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

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

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

13  847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which

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

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

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

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

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

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

20  described in this subparagraph, is confidential and exempt

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

22  Constitution. Any governmental agency that is authorized to

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

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

25  statutory duties, notwithstanding the provisions of this

26  section.  This subparagraph is subject to the Open Government

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

28  shall stand repealed on October 2, 2003.

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

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

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


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    SB 274                                         First Engrossed



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

  2  827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or

  3  s. 847.0145, may not willfully and knowingly disclose

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

  5  person who is not assisting in the investigation or

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

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

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

  9  alleged offense.

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

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

12  775.082 or s. 775.083.

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

14  prospective bidder to submit in order to prequalify for

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

16  other public works project is exempt from the provisions of

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

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

19  complaint and requests that records of the complaint remain

20  confidential, all records relating to an allegation of

21  employment discrimination are confidential and exempt from the

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

23  Constitution.

24         (v)  Medical information pertaining to a prospective,

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

26  disclosed, would identify that officer or employee is exempt

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

28  the State Constitution. However, such information may be

29  disclosed if the person to whom the information pertains or

30  the person's legal representative provides written permission

31  or pursuant to court order.


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    SB 274                                         First Engrossed



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

  2  investigatory record of the Chief Inspector General within the

  3  Executive Office of the Governor or of the employee designated

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

  5  112.3189 is exempt from the provisions of subsection (1) and

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

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

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

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

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

11  Investigatory records are those records which are related to

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

13  other wrongdoing, with respect to an identifiable person or

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

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

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

17  investigation.  An investigation is active if it is continuing

18  with a reasonable, good faith anticipation of resolution and

19  with reasonable dispatch.

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

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

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

23  such investigatory records require an exemption to protect the

24  integrity of the investigation or avoid unwarranted damage to

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

26  shall specify the nature and purpose of the investigation and

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

28  records are made public.

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

30  whistle-blower investigations conducted pursuant to the

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


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    SB 274                                         First Engrossed



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

  2  former agency employees which numbers are contained in agency

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

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

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

  6  in s. 119.011.

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

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

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

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

11  municipality, special district, local agency, authority,

12  consolidated city-county government, or any other local

13  governmental body or public body corporate or politic

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

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

16  of local government.  Audit workpapers and notes related to

17  such audit report are confidential and exempt from the

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

19  Constitution until the audit is completed and the audit report

20  becomes final.

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

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

23  any fee or debt owing are confidential and exempt from

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

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

26  any administrative or judicial proceeding, provided such

27  numbers are kept confidential and exempt, unless otherwise

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

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

30  119.15, and shall stand repealed on October 2, 2001, unless

31


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    SB 274                                         First Engrossed



  1  reviewed and saved from repeal through reenactment by the

  2  Legislature.

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

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

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

  6  commodity, or tangible personal property to any customer or

  7  prospective customer shall be exempt from the provisions of

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

  9  This exemption commences when a municipal utility identifies

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

11  exemption no longer applies when the contract for sale,

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

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

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

15  active consideration. The exemption in this paragraph includes

16  the bid documents actually furnished in response to the

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

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

19  customer or prospective customer.

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

21  the Department of Highway Safety and Motor Vehicles, personal

22  information contained in a motor vehicle record that

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

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

25  this paragraph.  Personal information includes, but is not

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

27  identification number, name, address, telephone number, and

28  medical or disability information.  For purposes of this

29  paragraph, personal information does not include information

30  relating to vehicular crashes, driving violations, and

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


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    SB 274                                         First Engrossed



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

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

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

  4  vehicle title, motor vehicle registration, or identification

  5  card issued by the Department of Highway Safety and Motor

  6  Vehicles.  Personal information contained in motor vehicle

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

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

  9  following uses:

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

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

12  vehicle product alterations, recalls, or advisories;

13  performance monitoring of motor vehicles and dealers by motor

14  vehicle manufacturers; and removal of nonowner records from

15  the original owner records of motor vehicle manufacturers, to

16  carry out the purposes of the Automobile Information

17  Disclosure Act, the Motor Vehicle Information and Cost Saving

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

19  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

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

21  court or law enforcement agency, in carrying out its

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

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

24  functions.

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

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

27  vehicle product alterations, recalls, or advisories;

28  performance monitoring of motor vehicles, motor vehicle parts,

29  and dealers; motor vehicle market research activities,

30  including survey research; and removal of nonowner records

31


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    SB 274                                         First Engrossed



  1  from the original owner records of motor vehicle

  2  manufacturers.

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

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

  5  but only:

  6         a.  To verify the accuracy of personal information

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

  8  employees, or contractors; and

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

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

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

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

13  interest against, the individual.

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

15  administrative, or arbitral proceeding in any court or agency

16  or before any self-regulatory body for:

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

18  special process server, or other person authorized to serve

19  process in this state.

20         b.  Investigation in anticipation of litigation by an

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

22  of the attorney.

23         c.  Investigation by any person in connection with any

24  filed proceeding.

25         d.  Execution or enforcement of judgments and orders.

26         e.  Compliance with an order of any court.

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

28  producing statistical reports, so long as the personal

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

30  individuals.

31


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    SB 274                                         First Engrossed



  1         7.  For use by any insurer or insurance support

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

  3  employees, or contractors, in connection with claims

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

  5  underwriting.

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

  7  or impounded vehicles.

  8         9.  For use by any licensed private investigative

  9  agency or licensed security service for any purpose permitted

10  under this paragraph. Personal information obtained based on

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

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

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

14  of the investigation.

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

16  obtain or verify information relating to a holder of a

17  commercial driver's license that is required under the

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

19  2710 et seq.

20         11.  For use in connection with the operation of

21  private toll transportation facilities.

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

23  solicitations when the department has implemented methods and

24  procedures to ensure that:

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

26  and conspicuous manner, to prohibit such uses; and

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

28  solely for bulk distribution for survey, marketing, and

29  solicitations, and that surveys, marketing, and solicitations

30  will not be directed at those individuals who have timely

31  requested that they not be directed at them.


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    SB 274                                         First Engrossed



  1         13.  For any use if the requesting person demonstrates

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

  3  who is the subject of the motor vehicle record.

  4         14.  For any other use specifically authorized by state

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

  6  vehicle or public safety.

  7

  8  Personal information exempted from public disclosure according

  9  to this paragraph may be disclosed by the Department of

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

11  corporation, or similar business entity whose primary business

12  interest is to resell or redisclose the personal information

13  to persons who are authorized to receive such information.

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

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

16  must first enter into a contract with the department regarding

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

18  ensure compliance with the federal Driver's Privacy Protection

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

20  of personal information contained in a motor vehicle record,

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

22  the Department of Highway Safety and Motor Vehicles to resell

23  or redisclose the information for any use permitted under this

24  paragraph. However, only authorized recipients of personal

25  information under subparagraph 12. may resell or redisclose

26  personal information pursuant to subparagraph 12. Any

27  authorized recipient who resells or rediscloses personal

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

29  identifying each person or entity that receives the personal

30  information and the permitted purpose for which it will be

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


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    SB 274                                         First Engrossed



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

  2  carry out the purposes of this paragraph and the federal

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

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

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

  6  personal information pursuant to this paragraph, shall require

  7  the meeting of conditions by the requesting person for the

  8  purposes of obtaining reasonable assurance concerning the

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

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

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

12  personal information has been obtained.  Such conditions may

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

14  a written application in such form and containing such

15  information and certification requirements as the department

16  requires.

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

18  numbers, credit card numbers, telephone numbers, and

19  information related to health or property insurance furnished

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

21  local housing assistance programs are confidential and exempt

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

23  the State Constitution. Any other information produced or

24  received by any private or public entity in direct connection

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

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

27  subject to subsection (1).

28         2.  Governmental agencies or their agents are entitled

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

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

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


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    SB 274                                         First Engrossed



  1  agency, as needed, in any administrative or judicial

  2  proceeding, provided such records are kept confidential and

  3  exempt, unless otherwise ordered by a court.

  4         3.  This paragraph is repealed effective October 2,

  5  2003, and must be reviewed by the Legislature before that date

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

  7  Review Act of 1995.

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

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

10  contained in records relating to an individual's personal

11  health or eligibility for health-related services made or

12  received by the Department of Health or its service providers

13  are confidential and exempt from the provisions of subsection

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

15  otherwise provided in this paragraph.  Information made

16  confidential and exempt by this paragraph shall be disclosed:

17         1.  With the express written consent of the individual

18  or the individual's legally authorized representative.

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

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

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

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

23  the records or data pursuant to a research protocol approved

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

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

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

27  which are consistent with subsection (4) paragraph (1)(a).

28  The department may deny a request for records or data if the

29  protocol provides for intrusive follow-back contacts, has not

30  been approved by a human studies institutional review board,

31  does not plan for the destruction of confidential records


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    SB 274                                         First Engrossed



  1  after the research is concluded, is administratively

  2  burdensome, or does not have scientific merit.  The agreement

  3  must restrict the release of any information, which would

  4  permit the identification of persons, limit the use of records

  5  or data to the approved research protocol, and prohibit any

  6  other use of the records or data.  Copies of records or data

  7  issued pursuant to this subparagraph remain the property of

  8  the department.

  9

10  This paragraph is subject to the Open Government Sunset Review

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

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

13  repeal through reenactment by the Legislature.

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

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

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

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

18         (7)(4)  Nothing in this section shall be construed to

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

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

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

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

23  information or records which may reveal the identity of a

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

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

26         (8)(5)  An exemption from this section does not imply

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

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

29         (9)(6)  Nothing in subsection (6) (3) or any other

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

31  General, the Office of Program Policy Analysis and Government


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    SB 274                                         First Engrossed



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

  2  board of community college, school district, or special

  3  district internal auditor to public records when such person

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

  5  authorized audit, examination, or investigation. Such person

  6  shall maintain the confidential or exempt status

  7  confidentiality of a any public record records that is are

  8  confidential or exempt from the provisions of subsection (1),

  9  and shall be subject to the same penalties as the custodian

10  custodians of that record those public records for public

11  disclosure of such record violating confidentiality.

12         (10)(7)(a)  Any person or organization, including the

13  Department of Children and Family Services, may petition the

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

15  of Children and Family Services that pertain to investigations

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

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

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

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

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

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

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

23  the privacy right of other persons identified in the reports

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

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

26  need for citizens to know of and adequately evaluate the

27  actions of the Department of Children and Family Services and

28  the court system in providing vulnerable adults and children

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

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

31  39.202 and 415.107, which protect the name of any person


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    SB 274                                         First Engrossed



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

  2  vulnerable adult.

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

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

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

  6  immediate public release of records of the department which

  7  pertain to the protective investigation. The petition must be

  8  personally served upon the child or vulnerable adult, the

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

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

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

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

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

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

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

16  court has neither granted nor denied the petition within the

17  24-hour time period, the department may release to the public

18  summary information including:

19         1.  A confirmation that an investigation has been

20  conducted concerning the alleged victim.

21         2.  The dates and brief description of procedural

22  activities undertaken during the department's investigation.

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

24  each participant's recommendations made at the judicial

25  proceedings, and the rulings of the court.

26

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

28  identifying information with respect to, any person identified

29  in any investigation. In making a determination to release

30  confidential information, the court shall balance the best

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


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    SB 274                                         First Engrossed



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

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

  3  other persons identified in the reports against the public

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

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

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

  7  of a child or a vulnerable adult.

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

  9  public access exists, the court shall direct that the

10  department redact the name of and other identifying

11  information with respect to any person identified in any

12  protective investigation report until such time as the court

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

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

15  abandonment.

16         (11)(8)  The provisions of this section are not

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

18  Florida Rules of Criminal Procedure, regarding the right and

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

20  criminal prosecution or in collateral postconviction

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

22  the basis for failing to timely litigate any postconviction

23  action.

24         Section 8.  Sections 119.08 and 119.083, Florida

25  Statutes, are repealed.

26         Section 9.  Section 119.084, Florida Statutes, is

27  amended to read:

28         119.084  Definitions; copyright of data processing

29  software created by governmental agencies; sale price and

30  licensing fee; access to public records; prohibited

31  contracts.--


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

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

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

  4  person, partnership, corporation, or business entity.

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

  6  routines used to employ and control the capabilities of data

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

  8  systems, compilers, assemblers, utilities, library routines,

  9  maintenance routines, applications, and computer networking

10  programs.

11         (c)  "Proprietary software" means data processing

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

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

14  copyrights for data processing software created by the agency

15  and to enforce its rights pertaining to such copyrights,

16  provided that the agency complies with the requirements of

17  this section.

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

19  processing software created by the agency may sell or license

20  the copyrighted data processing software to any public agency

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

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

23  Proceeds from the sale or licensing of copyrighted data

24  processing software shall be deposited by the agency into a

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

26  purposes.  Counties, municipalities, and other political

27  subdivisions of the state may designate how such sale and

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

29  and the fee for the licensing of copyrighted data processing

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

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


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  1  processing software to an individual or entity solely for

  2  application to information maintained or generated by the

  3  agency that created the copyrighted data processing software

  4  shall be determined pursuant to s. 119.07(4)(1).

  5         (b)  The provisions of this subsection are supplemental

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

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

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

  9  secret laws and public records exemptions, agency use of

10  proprietary software must not diminish the right of the public

11  to inspect and copy a public record.

12         (4)  An agency must consider when designing or

13  acquiring an electronic recordkeeping system that such system

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

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

16  Interchange.

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

18  electronic recordkeeping system shall provide to any person,

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

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

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

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

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

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

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

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

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

28  information not routinely developed or maintained by the

29  agency or that requires a substantial amount of manipulation

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

31


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

  2  creation or maintenance of a public records database if that

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

  4  the public records of that agency, including public records

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

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

  7  impediment that as a practical matter makes it more difficult

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

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

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

11  costs charged by the agency.

12         (3)(7)  This section is subject to the Open Government

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

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

15  saved from repeal through reenactment by the Legislature.

16         Section 10.  Sections 119.085 and 119.09, Florida

17  Statutes, are repealed.

18         Section 11.  Section 119.10, Florida Statutes, is

19  amended to read:

20         119.10  Violation of chapter; penalties.--

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

22  this chapter is guilty of a noncriminal infraction, punishable

23  by fine not exceeding $500.

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

25  violating

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

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

28  provided in s. 775.082 or s. 775.083.

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

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

31


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

  2  775.084.

  3         Section 12.  Section 119.105, Florida Statutes, is

  4  amended to read:

  5         119.105  Protection of victims of crimes or

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

  7  otherwise made exempt or confidential by general or special

  8  law. Every person is allowed to examine nonexempt or

  9  nonconfidential police reports. No person who inspects or

10  copies police reports for the purpose of obtaining the names

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

12  any information contained therein for any commercial

13  solicitation of the victims or relatives of the victims of the

14  reported crimes or accidents. Nothing herein shall prohibit

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

16  use of such information for any other data collection or

17  analysis purposes.

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

19  120.55, Florida Statutes, is amended to read:

20         120.55  Publication.--

21         (1)  The Department of State shall:

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

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

24  Administrative Code shall contain Publish in a permanent

25  compilation entitled "Florida Administrative Code" all rules

26  adopted by each agency, citing the specific rulemaking

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

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

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

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

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


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

  2  however, the department shall retain responsibility for the

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

  4  the official compilation of the administrative rules of this

  5  state.  The Department of State shall retain the copyright

  6  over the Florida Administrative Code.

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

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

  9  part thereof, or university rules relating to internal

10  personnel or business and finance shall not be published in

11  the Florida Administrative Code. Exclusion from publication in

12  the Florida Administrative Code shall not affect the validity

13  or effectiveness of such rules.

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

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

16  department, the department shall publish the address and

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

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

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

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

21         4.  Forms shall not be published in the Florida

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

23  dealings with the public, along with any accompanying

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

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

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

27  reference into the appropriate rule.  The reference shall

28  specifically state that the form is being incorporated by

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

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

31  obtained.


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

  2  257.36, Florida Statutes, is amended to read:

  3         257.36  Records and information management.--

  4         (2)

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

  6  shall remain in the agency transferring such record to the

  7  division. When the Legislature transfers any duty or

  8  responsibility of an agency to another agency, the receiving

  9  agency shall be the custodian of public records with regard to

10  the public records associated with that transferred duty or

11  responsibility, and shall be responsible for the records

12  storage service charges of the division. If an agency is

13  dissolved and the legislation dissolving that agency does not

14  assign an existing agency as the custodian of public records

15  for the dissolved agency's records, then the Cabinet is the

16  custodian of public records for the dissolved agency, unless

17  the Cabinet otherwise designates a custodian. The Cabinet or

18  the agency designated by the Cabinet shall be responsible for

19  the records storage service charges of the division.

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

21  Statutes, is amended to read:

22         328.15  Notice of lien on vessel; recording.--

23         (5)  The Department of Highway Safety and Motor

24  Vehicles shall make such rules and regulations as it deems

25  necessary or proper for the effective administration of this

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

27  satisfaction of a lien be notarized. The department shall

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

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

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

31  satisfactions and shall keep a permanent record of such


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  1  notices of lien and satisfactions available for inspection by

  2  the public at all reasonable times. The division is authorized

  3  to furnish certified copies of such satisfactions for a fee of

  4  $1, which certified copies shall be admissible in evidence in

  5  all courts of this state under the same conditions and to the

  6  same effect as certified copies of other public records.

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

  8  Florida Statutes, is amended to read:

  9         372.5717  Hunter safety course; requirements;

10  penalty.--

11         (4)  The commission shall issue a permanent hunter

12  safety certification card to each person who successfully

13  completes the hunter safety course.  The commission shall

14  maintain permanent records of hunter safety certification

15  cards issued and shall establish procedures for replacing lost

16  or destroyed cards.

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

18  Statutes, is amended to read:

19         560.121  Records; limited restrictions upon public

20  access.--

21         (2)  Examination reports, investigatory records,

22  applications, and related information compiled by the

23  department, or photographic copies thereof, shall be retained

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

25  date that the examination or investigation ceases to be

26  active. Application records, and related information compiled

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

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

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

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

31  Statutes, is amended to read:


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  1         560.123  Florida control of money laundering in the

  2  Money Transmitters' Code; reports of transactions involving

  3  currency or monetary instruments; when required; purpose;

  4  definitions; penalties; corpus delicti.--

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

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

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

  8  information contained in a report is known by the department

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

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

11  from the date of receipt.

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

13  Statutes, is amended to read:

14         560.129  Confidentiality.--

15         (5)  Examination reports, investigatory records,

16  applications, and related information compiled by the

17  department, or photographic copies thereof, shall be retained

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

19  date that the examination or investigation ceases to be

20  active. Application records, and related information compiled

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

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

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

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

25  Statutes, is amended to read:

26         624.311  Records; reproductions; destruction.--

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

28  reproduce on film, or maintain in an electronic recordkeeping

29  system whereby each page will be reproduced in exact

30  conformity with the original, all financial records, financial

31  statements of domestic insurers, reports of business


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  1  transacted in this state by foreign insurers and alien

  2  insurers, reports of examination of domestic insurers, and

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

  4  may in its discretion select.

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

  6  Statutes, is amended to read:

  7         624.312  Reproductions and certified copies of records

  8  as evidence.--

  9         (1)  Photographs or microphotographs in the form of

10  film or prints, or other reproductions from an electronic

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

12  624.311(3), or made under former s. 624.311(3) before October

13  1, 1982, shall have the same force and effect as the originals

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

15  their admissibility in evidence.  Duly certified or

16  authenticated reproductions of such photographs or

17  microphotographs or reproductions from an electronic

18  recordkeeping system shall be as admissible in evidence as the

19  originals.

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

21  Statutes, is amended to read:

22         633.527  Records concerning applicant; extent of

23  confidentiality.--

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

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

26  date of the examination.

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

28  Statutes, is amended to read:

29         655.50  Florida Control of Money Laundering in

30  Financial Institutions Act; reports of transactions involving

31


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    SB 274                                         First Engrossed



  1  currency or monetary instruments; when required; purpose;

  2  definitions; penalties.--

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

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

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

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

  7  department to be the subject of an existing criminal

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

  9  calendar years after receipt of the report.

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

11  minimum of 5 calendar years full and complete records of all

12  financial transactions, including all records required by 31

13  C.F.R. parts 103.33 and 103.34.

14         (b)(c)  The financial institution shall retain a copy

15  of all reports filed with the department under subsection (4)

16  for a minimum of 5 calendar years after submission of the

17  report. However, if a report or information contained in a

18  report is known by the financial institution to be the subject

19  of an existing criminal proceeding, the report shall be

20  retained for a minimum of 10 calendar years after submission

21  of the report.

22         (c)(d)  The financial institution shall retain a copy

23  of all records of exemption for each designation of exempt

24  person made pursuant to subsection (6) for a minimum of 5

25  calendar years after termination of exempt status of such

26  customer. However, if it is known by the financial institution

27  that the customer or the transactions of the customer are the

28  subject of an existing criminal proceeding, the records shall

29  be retained for a minimum of 10 calendar years after

30  termination of exempt status of such customer.

31


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  1         Section 24.  Section 945.25, Florida Statutes, is

  2  amended to read:

  3         945.25  Records.--

  4         (1)  It shall be the duty of the Department of

  5  Corrections to obtain and place in its permanent records

  6  information as complete as practicable may be practicably

  7  available on every person who may be sentenced to supervision

  8  or incarceration under the jurisdiction of the department

  9  become subject to parole.  Such information shall be obtained

10  as soon as possible after imposition of sentence and shall, in

11  the discretion of the department, include, among other things:

12         (a)  A copy of the indictment or information and a

13  complete statement of the facts of the crime for which such

14  person has been sentenced.

15         (b)  The court in which the person was sentenced.

16         (c)  The terms of the sentence.

17         (d)  The name of the presiding judge, the prosecuting

18  officers, the investigating officers, and the attorneys for

19  the person convicted.

20         (e)  A copy of all probation reports which may have

21  been made.

22         (f)  Any social, physical, mental, psychiatric, or

23  criminal record of such person.

24         (2)  The department, in its discretion, shall also

25  obtain and place in its permanent records such information on

26  every person who may be placed on probation, and on every

27  person who may become subject to pardon and commutation of

28  sentence.

29         (2)(3)  It shall be the duty of the court and its

30  prosecuting officials to furnish to the department upon its

31  request such information and also to furnish such copies of


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    SB 274                                         First Engrossed



  1  such minutes and other records as may be in their possession

  2  or under their control.

  3         (3)(4)  Following the initial hearing provided for in

  4  s. 947.172(1), the commission shall prepare and the department

  5  shall include in the official record a copy of the

  6  seriousness-of-offense and favorable-parole-outcome scores and

  7  shall include a listing of the specific factors and

  8  information used in establishing a presumptive parole release

  9  date for the inmate.

10         Section 25.  Paragraph (e) of subsection (4) of section

11  985.31, Florida Statutes, is amended to read:

12         985.31  Serious or habitual juvenile offender.--

13         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

14         (e)  The results of any serologic blood or urine test

15  on a serious or habitual juvenile offender shall become a part

16  of that child's permanent medical file. Upon transfer of the

17  child to any other designated treatment facility, such file

18  shall be transferred in an envelope marked confidential. The

19  results of any test designed to identify the human

20  immunodeficiency virus, or its antigen or antibody, shall be

21  accessible only to persons designated by rule of the

22  department. The provisions of such rule shall be consistent

23  with the guidelines established by the Centers for Disease

24  Control and Prevention.

25         Section 26.  Paragraph (d) of subsection (6) of section

26  212.095, Florida Statutes, is repealed.

27         Section 27.  Subsection (9) of section 238.03, Florida

28  Statutes, is repealed.

29         Section 28.  Section 591.34, Florida Statutes, is

30  repealed.

31


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  1         Section 29.  Paragraph (a) of subsection (5) of section

  2  15.09, Florida Statutes, is amended to read:

  3         15.09  Fees.--

  4         (5)(a)  There is created within the Department of State

  5  a Public Access Data Systems Trust Fund, which shall be used

  6  by the department to purchase information systems and

  7  equipment that provide greater public accessibility to the

  8  information and records maintained by it. Notwithstanding any

  9  other provision of law, the Divisions of Licensing, Elections,

10  and Corporations of the department shall transfer each fiscal

11  year to the Public Access Data Systems Trust Fund from their

12  respective trust funds:

13         1.  An amount equal to 2 percent of all revenues

14  received for the processing of documents, filings, or

15  information requests.

16         2.  All public access network revenues collected

17  pursuant to s. 15.16 or s. 119.01(2)(f) 119.085.

18         Section 30.  Paragraph (f) of subsection (1) of section

19  23.22, Florida Statutes, is amended to read:

20         23.22  Paperwork reduction; activities of

21  departments.--

22         (1)  In order to reduce the amount of paperwork

23  associated with the collection of information from

24  individuals, private-sector organizations, and local

25  governments and to provide more efficient and effective

26  assistance to such individuals and organizations in completing

27  necessary paperwork required by the government, each

28  department head shall, to the extent feasible:

29         (f)  Collaborate with the Division of Library and

30  Information Services, pursuant to s. 119.021(2)(d) 119.09, to

31  identify and index records retention requirements placed on


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  1  private-sector organizations and local governments in Florida,

  2  clarify and reduce the requirements, and educate the affected

  3  entities through various communications media, including

  4  voice, data, video, radio, and image.

  5         Section 31.  Subsection (2) of section 27.151, Florida

  6  Statutes, is amended to read:

  7         27.151  Confidentiality of specified executive orders;

  8  criteria.--

  9         (2)  The Governor shall consider the purposes specified

10  in s. 119.15 and shall consider the provisions of s. 24, Art.

11  I of the State Constitution when making The Governor shall

12  base his or her decision to make an executive order

13  confidential on the criteria set forth in s. 119.14.

14         Section 32.  Paragraph (d) of subsection (1) of section

15  101.5607, Florida Statutes, is amended to read:

16         101.5607  Department of State to maintain voting system

17  information; prepare software.--

18         (1)

19         (d)  Section 119.07(6)(3)(o) applies to all software on

20  file with the Department of State.

21         Section 33.  Paragraph (b) of subsection (2) of section

22  112.533, Florida Statutes, is amended to read:

23         112.533  Receipt and processing of complaints.--

24         (2)

25         (b)  This subsection does not apply to any public

26  record which is exempt from public disclosure pursuant to s.

27  119.07(6)(3). For the purposes of this subsection, an

28  investigation shall be considered active as long as it is

29  continuing with a reasonable, good faith anticipation that an

30  administrative finding will be made in the foreseeable future.

31


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  1  An investigation shall be presumed to be inactive if no

  2  finding is made within 45 days after the complaint is filed.

  3         Section 34.  Paragraph (e) of subsection (2) of section

  4  231.291, Florida Statutes, is amended to read:

  5         231.291  Personnel files.--Public school system

  6  employee personnel files shall be maintained according to the

  7  following provisions:

  8         (2)

  9         (e)  Upon request, an employee, or any person

10  designated in writing by the employee, shall be permitted to

11  examine the personnel file of such employee.  The employee

12  shall be permitted conveniently to reproduce any materials in

13  the file, at a cost no greater than the fees prescribed in s.

14  119.07(4)(1).

15         Section 35.  Subsection (1) of section 257.34, Florida

16  Statutes, is amended to read:

17         257.34  Florida International Archive and Repository.--

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

19  and Information Services of the Department of State the

20  Florida International Archive and Repository for the

21  preservation of those public records, as defined in s.

22  119.011(11)(1), manuscripts, international judgments involving

23  disputes between domestic and foreign businesses, and all

24  other public matters that the department or the Florida

25  Council of International Development deems relevant to

26  international issues. It is the duty and responsibility of the

27  division to:

28         (a)  Organize and administer the Florida International

29  Archive and Repository.

30         (b)  Preserve and administer records that are

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


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  1  them, according to approved archival and repository practices;

  2  and permit them, at reasonable times and under the supervision

  3  of the division, to be inspected, examined, and copied. All

  4  public records transferred to the custody of the division are

  5  subject to the provisions of s. 119.07(1).

  6         (c)  Assist the records and information management

  7  program in the determination of retention values for records.

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

  9  state institutions, departments, agencies, counties,

10  municipalities, and individuals engaged in internationally

11  related activities.

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

13  established by the division, the materials in the

14  international archive and repository may be studied.

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

16  international trade, government, and culture and maintain a

17  program of information, assistance, coordination, and guidance

18  for public officials, educational institutions, libraries, the

19  scholarly community, and the general public engaged in such

20  research.

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

22  agencies, libraries, institutions, and individuals in projects

23  concerned with internationally related issues and preserve

24  original materials relating to internationally related issues.

25         (h)  Assist and cooperate with the records and

26  information management program in the training and information

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

28         Section 36.  Subsection (1) of section 257.35, Florida

29  Statutes, is amended to read:

30         257.35  Florida State Archives.--

31


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

  2  and Information Services of the Department of State the

  3  Florida State Archives for the preservation of those public

  4  records, as defined in s. 119.011(11)(1), manuscripts, and

  5  other archival material that have been determined by the

  6  division to have sufficient historical or other value to

  7  warrant their continued preservation and have been accepted by

  8  the division for deposit in its custody. It is the duty and

  9  responsibility of the division to:

10         (a)  Organize and administer the Florida State

11  Archives.

12         (b)  Preserve and administer such records as shall be

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

14  them, according to approved archival practices; and permit

15  them, at reasonable times and under the supervision of the

16  division, to be inspected, examined, and copied.  All public

17  records transferred to the custody of the division shall be

18  subject to the provisions of s. 119.07(1), except that any

19  public record or other record provided by law to be

20  confidential or prohibited from inspection by the public shall

21  be made accessible only after a period of 50 years from the

22  date of the creation of the record.  Any nonpublic manuscript

23  or other archival material which is placed in the keeping of

24  the division under special terms and conditions, shall be made

25  accessible only in accordance with such law terms and

26  conditions and shall be exempt from the provisions of s.

27  119.07(1) to the extent necessary to meet the terms and

28  conditions for a nonpublic manuscript or other archival

29  material.

30         (c)  Assist the records and information management

31  program in the determination of retention values for records.


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  1         (d)  Cooperate with and assist insofar as practicable

  2  state institutions, departments, agencies, counties,

  3  municipalities, and individuals engaged in activities in the

  4  field of state archives, manuscripts, and history and accept

  5  from any person any paper, book, record, or similar material

  6  which in the judgment of the division warrants preservation in

  7  the state archives.

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

  9  established by the division, the materials in the state

10  archives may be studied.

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

12  Florida history, government, and culture and maintain a

13  program of information, assistance, coordination, and guidance

14  for public officials, educational institutions, libraries, the

15  scholarly community, and the general public engaged in such

16  research.

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

18  agencies, libraries, institutions, and individuals in projects

19  designed to preserve original source materials relating to

20  Florida history, government, and culture and prepare and

21  publish handbooks, guides, indexes, and other literature

22  directed toward encouraging the preservation and use of the

23  state's documentary resources.

24         (h)  Encourage and initiate efforts to preserve,

25  collect, process, transcribe, index, and research the oral

26  history of Florida government.

27         (i)  Assist and cooperate with the records and

28  information management program in the training and information

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

30         Section 37.  Section 282.21, Florida Statutes, is

31  amended to read:


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  1         282.21  The State Technology Office's electronic access

  2  services.--The State Technology Office may collect fees for

  3  providing remote electronic access pursuant to s. 119.01(2)(f)

  4  119.085. The fees may be imposed on individual transactions or

  5  as a fixed subscription for a designated period of time.  All

  6  fees collected under this section shall be deposited in the

  7  appropriate trust fund of the program or activity that made

  8  the remote electronic access available.

  9         Section 38.  Paragraph (h) of subsection (2) of section

10  287.0943, Florida Statutes, is amended to read:

11         287.0943  Certification of minority business

12  enterprises.--

13         (2)

14         (h)  The certification procedures should allow an

15  applicant seeking certification to designate on the

16  application form the information the applicant considers to be

17  proprietary, confidential business information. As used in

18  this paragraph, "proprietary, confidential business

19  information" includes, but is not limited to, any information

20  that would be exempt from public inspection pursuant to the

21  provisions of s. 119.07(6)(3); trade secrets; internal

22  auditing controls and reports; contract costs; or other

23  information the disclosure of which would injure the affected

24  party in the marketplace or otherwise violate s. 286.041. The

25  executor in receipt of the application shall issue written and

26  final notice of any information for which noninspection is

27  requested but not provided for by law.

28         Section 39.  Subsection (1) of section 320.05, Florida

29  Statutes, is amended to read:

30         320.05  Records of the department; inspection

31  procedure; lists and searches; fees.--


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  1         (1)  Except as provided in s. 119.07(6)(3), the

  2  department may release records as provided in this section.

  3         Section 40.  Subsection (8) of section 322.20, Florida

  4  Statutes, is amended to read:

  5         322.20  Records of the department; fees; destruction of

  6  records.--

  7         (8)  Except as provided in s. 119.07(6)(3), the

  8  department may release records as provided in this section.

  9         Section 41.  Paragraph (b) of subsection (2) of section

10  338.223, Florida Statutes, is amended to read:

11         338.223  Proposed turnpike projects.--

12         (2)

13         (b)  In accordance with the legislative intent

14  expressed in s. 337.273, and after the requirements of

15  paragraph (1)(c) have been met, the department may acquire

16  lands and property before making a final determination of the

17  economic feasibility of a project. The requirements of

18  paragraph (1)(c) do not apply to hardship and protective

19  purchases of advance right-of-way by the department. The cost

20  of advance acquisition of right-of-way may be paid from bonds

21  issued under s. 337.276 or from turnpike revenues. For

22  purposes of this paragraph, the term "hardship purchase" means

23  purchase from a property owner of a residential dwelling of

24  not more than four units who is at a disadvantage due to

25  health impairment, job loss, or significant loss of rental

26  income. For purposes of this paragraph, the term "protective

27  purchase" means that a purchase to limit development,

28  building, or other intensification of land uses within the

29  area right-of-way is needed for transportation facilities. The

30  department shall give written notice to the Department of

31  Environmental Protection 30 days before final agency


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    SB 274                                         First Engrossed



  1  acceptance as set forth in s. 119.07(6)(3)(n), which notice

  2  shall allow the Department of Environmental Protection to

  3  comment. Hardship and protective purchases of right-of-way

  4  shall not influence the environmental feasibility of a

  5  project, including the decision relative to the need to

  6  construct the project or the selection of a specific location.

  7  Costs to acquire and dispose of property acquired as hardship

  8  and protective purchases are considered costs of doing

  9  business for the department and are not to be considered in

10  the determination of environmental feasibility for the

11  project.

12         Section 42.  Paragraph (a) of subsection (1) of section

13  378.406, Florida Statutes, is amended to read:

14         378.406  Confidentiality of records; availability of

15  information.--

16         (1)(a)  Any information relating to prospecting, rock

17  grades, or secret processes or methods of operation which may

18  be required, ascertained, or discovered by inspection or

19  investigation shall be exempt from the provisions of s.

20  119.07(1), shall not be disclosed in public hearings, and

21  shall be kept confidential by any member, officer, or employee

22  of the department, if the applicant requests the department to

23  keep such information confidential and informs the department

24  of the basis for such confidentiality. Should the secretary

25  determine that such information requested to be kept

26  confidential shall not be kept confidential, the secretary

27  shall provide the operator with not less than 30 days' notice

28  of his or her intent to release the information. When making

29  his or her determination, the secretary shall consider the

30  public purposes specified in s. 119.15(4)(b) 119.14(4)(b).

31


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    SB 274                                         First Engrossed



  1         Section 43.  Paragraph (c) of subsection (5) of section

  2  399.02, Florida Statutes, is amended to read:

  3         399.02  General requirements.--

  4         (5)

  5         (c)  The elevator owner shall report to the department

  6  60 days before the expiration of the certificate of operation

  7  whether there exists a service maintenance contract, with whom

  8  the contract exists, and the details concerning the provisions

  9  and implementation of the contract which the department

10  requires. The department shall keep the names of companies

11  with whom the contract exists confidential pursuant to the

12  public records exemption provided in s. 119.14(4)(b)3. This

13  annual contract report must be made on forms supplied by the

14  department.  The elevator owner must report any material

15  change in the service maintenance contract no fewer than 30

16  days before the effective date of the change.  The department

17  shall determine whether the provisions of the service

18  maintenance contract and its implementation ensure the safe

19  operation of the elevator.

20         Section 44.  Paragraph (c) of subsection (1) of section

21  400.0077, Florida Statutes, is amended to read:

22         400.0077  Confidentiality.--

23         (1)  The following are confidential and exempt from the

24  provisions of s. 119.07(1):

25         (c)  Any other information about a complaint, including

26  any problem identified by an ombudsman council as a result of

27  an investigation, unless an ombudsman council determines that

28  the information does not meet any of the criteria specified in

29  s. 119.15(4)(b) 119.14(4)(b); or unless the information is to

30  collect data for submission to those entities specified in s.

31


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  1  712(c) of the federal Older Americans Act for the purpose of

  2  identifying and resolving significant problems.

  3         Section 45.  Subsection (5) of section 401.27, Florida

  4  Statutes, is amended to read:

  5         401.27  Personnel; standards and certification.--

  6         (5)  The certification examination must be offered

  7  monthly.  The department shall issue an examination admission

  8  notice to the applicant advising him or her of the time and

  9  place of the examination for which he or she is scheduled.

10  Individuals achieving a passing score on the certification

11  examination may be issued a temporary certificate with their

12  examination grade report.  The department must issue an

13  original certification within 45 days after the examination.

14  Examination questions and answers are not subject to discovery

15  but may be introduced into evidence and considered only in

16  camera in any administrative proceeding under chapter 120. If

17  an administrative hearing is held, the department shall

18  provide challenged examination questions and answers to the

19  administrative law judge. The department shall establish by

20  rule the procedure by which an applicant, and the applicant's

21  attorney, may review examination questions and answers in

22  accordance with s. 119.07(6)(3)(a).

23         Section 46.  Subsection (1) of section 403.111, Florida

24  Statutes, is amended to read:

25         403.111  Confidential records.--

26         (1)  Any information, other than effluent data and

27  those records described in 42 U.S.C. s. 7661a(b)(8), relating

28  to secret processes or secret methods of manufacture or

29  production, or relating to costs of production, profits, or

30  other financial information which is otherwise not public

31  record, which may be required, ascertained, or discovered by


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  1  inspection or investigation shall be exempt from the

  2  provisions of s. 119.07(1), shall not be disclosed in public

  3  hearings, and shall be kept confidential by any member,

  4  officer, or employee of the department, upon a showing

  5  satisfactory to the department that the information should be

  6  kept confidential.  The person from whom the information is

  7  obtained must request that the department keep such

  8  information confidential and must inform the department of the

  9  basis for the claim of confidentiality.  The department shall,

10  subject to notice and opportunity for hearing, determine

11  whether the information requested to be kept confidential

12  should or should not be kept confidential.  The department

13  shall determine whether the information submitted should be

14  kept confidential pursuant to the public purpose test as

15  stated in s. 119.15(4)(b)3. 119.14(4)(b)3.

16         Section 47.  Section 409.2577, Florida Statutes, is

17  amended to read:

18         409.2577  Parent locator service.--The department shall

19  establish a parent locator service to assist in locating

20  parents who have deserted their children and other persons

21  liable for support of dependent children.  The department

22  shall use all sources of information available, including the

23  Federal Parent Locator Service, and may request and shall

24  receive information from the records of any person or the

25  state or any of its political subdivisions or any officer

26  thereof. Any agency as defined in s. 120.52, any political

27  subdivision, and any other person shall, upon request, provide

28  the department any information relating to location, salary,

29  insurance, social security, income tax, and employment history

30  necessary to locate parents who owe or potentially owe a duty

31  of support pursuant to Title IV-D of the Social Security Act.


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  1  This provision shall expressly take precedence over any other

  2  statutory nondisclosure provision which limits the ability of

  3  an agency to disclose such information, except that law

  4  enforcement information as provided in s. 119.07(6)(3)(i) is

  5  not required to be disclosed, and except that confidential

  6  taxpayer information possessed by the Department of Revenue

  7  shall be disclosed only to the extent authorized in s.

  8  213.053(15).  Nothing in this section requires the disclosure

  9  of information if such disclosure is prohibited by federal

10  law. Information gathered or used by the parent locator

11  service is confidential and exempt from the provisions of s.

12  119.07(1). Additionally, the department is authorized to

13  collect any additional information directly bearing on the

14  identity and whereabouts of a person owing or asserted to be

15  owing an obligation of support for a dependent child. The

16  department shall, upon request, make information available

17  only to public officials and agencies of this state; political

18  subdivisions of this state, including any agency thereof

19  providing child support enforcement services to non-Title IV-D

20  clients; the custodial parent, legal guardian, attorney, or

21  agent of the child; and other states seeking to locate parents

22  who have deserted their children and other persons liable for

23  support of dependents, for the sole purpose of establishing,

24  modifying, or enforcing their liability for support, and shall

25  make such information available to the Department of Children

26  and Family Services for the purpose of diligent search

27  activities pursuant to chapter 39. If the department has

28  reasonable evidence of domestic violence or child abuse and

29  the disclosure of information could be harmful to the

30  custodial parent or the child of such parent, the child

31  support program director or designee shall notify the


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  1  Department of Children and Family Services and the Secretary

  2  of the United States Department of Health and Human Services

  3  of this evidence. Such evidence is sufficient grounds for the

  4  department to disapprove an application for location services.

  5         Section 48.  Subsection (6) of section 455.219, Florida

  6  Statutes, is amended to read:

  7         455.219  Fees; receipts; disposition; periodic

  8  management reports.--

  9         (6)  The department or the appropriate board shall

10  charge a fee not to exceed $25 for the certification of a

11  public record.  The fee shall be determined by rule of the

12  department. The department or the appropriate board shall

13  assess a fee for duplication of a public record as provided in

14  s. 119.07(4)(1)(a) and (b).

15         Section 49.  Subsection (11) of section 456.025,

16  Florida Statutes, is amended to read:

17         456.025  Fees; receipts; disposition.--

18         (11)  The department or the appropriate board shall

19  charge a fee not to exceed $25 for the certification of a

20  public record. The fee shall be determined by rule of the

21  department. The department or the appropriate board shall

22  assess a fee for duplicating a public record as provided in s.

23  119.07(4)(1)(a) and (b).

24         Section 50.  Paragraph (l) of subsection (3) of section

25  627.311, Florida Statutes, is amended to read:

26         627.311  Joint underwriters and joint reinsurers.--

27         (3)  The department may, after consultation with

28  insurers licensed to write automobile insurance in this state,

29  approve a joint underwriting plan for purposes of equitable

30  apportionment or sharing among insurers of automobile

31  liability insurance and other motor vehicle insurance, as an


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  1  alternate to the plan required in s. 627.351(1).  All insurers

  2  authorized to write automobile insurance in this state shall

  3  subscribe to the plan and participate therein.  The plan shall

  4  be subject to continuous review by the department which may at

  5  any time disapprove the entire plan or any part thereof if it

  6  determines that conditions have changed since prior approval

  7  and that in view of the purposes of the plan changes are

  8  warranted. Any disapproval by the department shall be subject

  9  to the provisions of chapter 120.  If adopted, the plan and

10  the association created under the plan:

11         (l)1.  Shall be subject to the public records

12  requirements of chapter 119 and the public meeting

13  requirements of s. 286.011.  However, the following records of

14  the Florida Automobile Joint Underwriting Association are

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

16  of the State Constitution:

17         a.  Underwriting files, except that a policyholder or

18  an applicant shall have access to his or her own underwriting

19  files.

20         b.  Claims files, until termination of all litigation

21  and settlement of all claims arising out of the same incident,

22  although portions of the claims files may remain exempt, as

23  otherwise provided by law. Confidential and exempt claims file

24  records may be released to other governmental agencies upon

25  written request and demonstration of need; such records held

26  by the receiving agency remain confidential and exempt as

27  provided by this paragraph.

28         c.  Records obtained or generated by an internal

29  auditor pursuant to a routine audit, until the audit is

30  completed or, if the audit is conducted as part of an

31  investigation, until the investigation is closed or ceases to


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  1  be active.  An investigation is considered "active" while the

  2  investigation is being conducted with a reasonable, good faith

  3  belief that it could lead to the filing of administrative,

  4  civil, or criminal proceedings.

  5         d.  Matters reasonably encompassed in privileged

  6  attorney-client communications.

  7         e.  Proprietary information licensed to the association

  8  under contract when the contract provides for the

  9  confidentiality of such proprietary information.

10         f.  All information relating to the medical condition

11  or medical status of an association employee which is not

12  relevant to the employee's capacity to perform his or her

13  duties, except as otherwise provided in this paragraph.

14  Information which is exempt shall include, but is not limited

15  to, information relating to workers' compensation, insurance

16  benefits, and retirement or disability benefits.

17         g.  All records relative to an employee's participation

18  in an employee assistance program designed to assist any

19  employee who has a behavioral or medical disorder, substance

20  abuse problem, or emotional difficulty which affects the

21  employee's job performance, except as otherwise provided in s.

22  112.0455(11).

23         h.  Information relating to negotiations for financing,

24  reinsurance, depopulation, or contractual services, until the

25  conclusion of the negotiations.

26         i.  Minutes of closed meetings regarding underwriting

27  files, and minutes of closed meetings regarding an open claims

28  file until termination of all litigation and settlement of all

29  claims with regard to that claim, except that information

30  otherwise confidential or exempt by law must be redacted.

31


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  1  When an authorized insurer is considering underwriting a risk

  2  insured by the association, relevant underwriting files and

  3  confidential claims files may be released to the insurer

  4  provided the insurer agrees in writing, notarized and under

  5  oath, to maintain the confidentiality of such files.  When a

  6  file is transferred to an insurer, that file is no longer a

  7  public record because it is not held by an agency subject to

  8  the provisions of the public records law. The association may

  9  make the following information obtained from underwriting

10  files and confidential claims files available to licensed

11  general lines insurance agents:  name, address, and telephone

12  number of the automobile owner or insured; location of the

13  risk; rating information; loss history; and policy type.  The

14  receiving licensed general lines insurance agent must retain

15  the confidentiality of the information received.

16         2.  Portions of meetings of the Florida Automobile

17  Joint Underwriting Association during which confidential

18  underwriting files or confidential open claims files are

19  discussed are exempt from the provisions of s. 286.011 and s.

20  24(b), Art. I of the State Constitution.  All portions of

21  association meetings which are closed to the public shall be

22  recorded by a court reporter.  The court reporter shall record

23  the times of commencement and termination of the meeting, all

24  discussion and proceedings, the names of all persons present

25  at any time, and the names of all persons speaking.  No

26  portion of any closed meeting shall be off the record.

27  Subject to the provisions of this paragraph and s.

28  119.07(1)(b)-(d)(2)(a), the court reporter's notes of any

29  closed meeting shall be retained by the association for a

30  minimum of 5 years.  A copy of the transcript, less any exempt

31  matters, of any closed meeting during which claims are


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    SB 274                                         First Engrossed



  1  discussed shall become public as to individual claims after

  2  settlement of the claim.

  3

  4  This paragraph is subject to the Open Government Sunset Review

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

  6  repealed on October 2, 2003, unless reviewed and saved from

  7  repeal through reenactment by the Legislature.

  8         Section 51.  Paragraph (n) of subsection (6) of section

  9  627.351, Florida Statutes, is amended to read:

10         627.351  Insurance risk apportionment plans.--

11         (6)  RESIDENTIAL PROPERTY AND CASUALTY JOINT

12  UNDERWRITING ASSOCIATION.--

13         (n)1.  The following records of the Residential

14  Property and Casualty Joint Underwriting Association are

15  confidential and exempt from the provisions of s. 119.07(1)

16  and s. 24(a), Art. I of the State Constitution:

17         a.  Underwriting files, except that a policyholder or

18  an applicant shall have access to his or her own underwriting

19  files.

20         b.  Claims files, until termination of all litigation

21  and settlement of all claims arising out of the same incident,

22  although portions of the claims files may remain exempt, as

23  otherwise provided by law. Confidential and exempt claims file

24  records may be released to other governmental agencies upon

25  written request and demonstration of need; such records held

26  by the receiving agency remain confidential and exempt as

27  provided for herein.

28         c.  Records obtained or generated by an internal

29  auditor pursuant to a routine audit, until the audit is

30  completed, or if the audit is conducted as part of an

31  investigation, until the investigation is closed or ceases to


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  1  be active.  An investigation is considered "active" while the

  2  investigation is being conducted with a reasonable, good faith

  3  belief that it could lead to the filing of administrative,

  4  civil, or criminal proceedings.

  5         d.  Matters reasonably encompassed in privileged

  6  attorney-client communications.

  7         e.  Proprietary information licensed to the association

  8  under contract and the contract provides for the

  9  confidentiality of such proprietary information.

10         f.  All information relating to the medical condition

11  or medical status of an association employee which is not

12  relevant to the employee's capacity to perform his or her

13  duties, except as otherwise provided in this paragraph.

14  Information which is exempt shall include, but is not limited

15  to, information relating to workers' compensation, insurance

16  benefits, and retirement or disability benefits.

17         g.  Upon an employee's entrance into the employee

18  assistance program, a program to assist any employee who has a

19  behavioral or medical disorder, substance abuse problem, or

20  emotional difficulty which affects the employee's job

21  performance, all records relative to that participation shall

22  be confidential and exempt from the provisions of s. 119.07(1)

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

24  otherwise provided in s. 112.0455(11).

25         h.  Information relating to negotiations for financing,

26  reinsurance, depopulation, or contractual services, until the

27  conclusion of the negotiations.

28         i.  Minutes of closed meetings regarding underwriting

29  files, and minutes of closed meetings regarding an open claims

30  file until termination of all litigation and settlement of all

31


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  1  claims with regard to that claim, except that information

  2  otherwise confidential or exempt by law will be redacted.

  3

  4  When an authorized insurer is considering underwriting a risk

  5  insured by the association, relevant underwriting files and

  6  confidential claims files may be released to the insurer

  7  provided the insurer agrees in writing, notarized and under

  8  oath, to maintain the confidentiality of such files.  When a

  9  file is transferred to an insurer that file is no longer a

10  public record because it is not held by an agency subject to

11  the provisions of the public records law. Underwriting files

12  and confidential claims files may also be released to staff of

13  and the board of governors of the market assistance plan

14  established pursuant to s. 627.3515, who must retain the

15  confidentiality of such files, except such files may be

16  released to authorized insurers that are considering assuming

17  the risks to which the files apply, provided the insurer

18  agrees in writing, notarized and under oath, to maintain the

19  confidentiality of such files.  Finally, the association or

20  the board or staff of the market assistance plan may make the

21  following information obtained from underwriting files and

22  confidential claims files available to licensed general lines

23  insurance agents: name, address, and telephone number of the

24  residential property owner or insured; location of the risk;

25  rating information; loss history; and policy type.  The

26  receiving licensed general lines insurance agent must retain

27  the confidentiality of the information received.

28         2.  Portions of meetings of the Residential Property

29  and Casualty Joint Underwriting Association are exempt from

30  the provisions of s. 286.011 and s. 24(b), Art. I of the State

31  Constitution wherein confidential underwriting files or


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  1  confidential open claims files are discussed.  All portions of

  2  association meetings which are closed to the public shall be

  3  recorded by a court reporter.  The court reporter shall record

  4  the times of commencement and termination of the meeting, all

  5  discussion and proceedings, the names of all persons present

  6  at any time, and the names of all persons speaking.  No

  7  portion of any closed meeting shall be off the record.

  8  Subject to the provisions hereof and s.

  9  119.07(1)(b)-(d)(2)(a), the court reporter's notes of any

10  closed meeting shall be retained by the association for a

11  minimum of 5 years. A copy of the transcript, less any exempt

12  matters, of any closed meeting wherein claims are discussed

13  shall become public as to individual claims after settlement

14  of the claim.

15         Section 52.  Subsection (1) of section 633.527, Florida

16  Statutes, is amended to read:

17         633.527  Records concerning applicant; extent of

18  confidentiality.--

19         (1)  Test material is made confidential by s.

20  119.07(6)(3)(a). An applicant may waive in writing the

21  confidentiality of his or her examination answer sheet for the

22  purpose of discussion with the State Fire Marshal or his or

23  her staff.

24         Section 53.  Section 655.0321, Florida Statutes, is

25  amended to read:

26         655.0321  Restricted access to certain hearings,

27  proceedings, and related documents.--The department shall

28  consider the public purposes specified in s. 119.15(4)(b)

29  119.14(4)(b) and the provisions of s. 24, Art. I of the State

30  Constitution in determining whether the hearings and

31  proceedings conducted pursuant to s. 655.033 for the issuance


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    SB 274                                         First Engrossed



  1  of cease and desist orders and s. 655.037 for the issuance of

  2  suspension or removal orders shall be closed and exempt from

  3  the provisions of s. 286.011, and whether related documents

  4  shall be confidential and exempt from the provisions of s.

  5  119.07(1).

  6         Section 54.  Paragraph (m) of subsection (2) of section

  7  668.50, Florida Statutes, is amended to read:

  8         668.50  Uniform Electronic Transaction Act.--

  9         (2)  DEFINITIONS.--As used in this section:

10         (m)  "Record" means information that is inscribed on a

11  tangible medium or that is stored in an electronic or other

12  medium and is retrievable in perceivable form, including

13  public records as defined in s. 119.011(11)(1).

14         Section 55.  Subsection (1) of section 794.024, Florida

15  Statutes, is amended to read:

16         794.024  Unlawful to disclose identifying

17  information.--

18         (1)  A public employee or officer who has access to the

19  photograph, name, or address of a person who is alleged to be

20  the victim of an offense described in this chapter, chapter

21  800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and

22  knowingly disclose it to a person who is not assisting in the

23  investigation or prosecution of the alleged offense or to any

24  person other than the defendant, the defendant's attorney, or

25  a person specified in an order entered by the court having

26  jurisdiction of the alleged offense, or to organizations

27  authorized to receive such information pursuant to s.

28  119.07(6)(3)(f).

29         Section 56.  For the purpose of incorporating the

30  amendments to section 945.25, Florida Statutes, in a reference

31


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    SB 274                                         First Engrossed



  1  thereto, paragraph (a) of subsection (2) of section 947.13,

  2  Florida Statutes, is reenacted to read:

  3         947.13  Powers and duties of commission.--

  4         (2)(a)  The commission shall immediately examine

  5  records of the department under s. 945.25, and any other

  6  records which it obtains, and may make such other

  7  investigations as may be necessary.

  8         Section 57.  The Records Management Center of the

  9  Department of State in Tallahassee, Florida, is designated as

10  the "James C. 'Jim' Smith Records Management Center."

11         Section 58.  This act shall take effect July 1, 2002.

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