hb0539am695901 CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on State Administration offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

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

18  Statutes, is amended to read:

19         18.20  Treasurer to make reproductions of certain

20  warrants, records, and documents.--

21         (1)  All vouchers or checks heretofore or hereafter

22  drawn by appropriate court officials of the several counties

23  of the state against money deposited with the Treasurer under

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

25  photographed, microphotographed, or reproduced on film by the

26  Treasurer.  Such photographic film shall be durable material

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

28  or checks shall be one which accurately reproduces the

29  originals thereof in all detail; and such photographs,

30  microphotographs, or reproductions on film shall be placed in

31  conveniently accessible and identified files and shall be

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

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

  3  been so photographed, microphotographed, or reproduced on

  4  film, and the photographs, microphotographs, or reproductions

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

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

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

  8  or checks to the offices of the respective county officials

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

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

11  a part of the permanent records of such offices.

12         Section 2.  Section 119.01, Florida Statutes, is

13  amended to read:

14         119.01  General state policy on public records.--

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

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

17  inspection by any person unless the records are exempt from

18  inspection.

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

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

21  each agency by remote electronic means is an additional method

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

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

24  remote electronic means, then such access should be provided

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

26  the agency providing the information.

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

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

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

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

31  dependence on electronic recordkeeping, each agency must

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  provide ensure reasonable public access to records

  2  electronically maintained and must keep information made

  3  exempt or confidential from being disclosed to the public.

  4         (b)  An agency must consider when designing or

  5  acquiring an electronic recordkeeping system whether such

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

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

  8  Information Interchange.

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

10  creation or maintenance of a public records database if that

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

12  the public records of the agency, including public records

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

14  system used by the agency.

15         (d)  Subject to the restrictions of copyright and

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

17  proprietary software must not diminish the right of the public

18  to inspect and copy a public record.

19         (e)  Providing access to public records by remote

20  electronic means is an additional method of access that

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

22  an agency provides access to public records by remote

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

24  cost-effective and efficient manner available to the agency

25  providing the information.

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

27  electronic recordkeeping system shall provide to any person,

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

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

  2  chapter. For the purpose of satisfying a public records

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

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

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

  6  routinely developed or maintained by the agency or that

  7  requires a substantial amount of manipulation or programming,

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

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

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

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

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

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

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

15  which pertain to the public agency are public records and

16  subject to the provisions of s. 119.07.

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

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

19  administrative, or archival value in accordance with retention

20  schedules established by the records and information

21  management program of the Division of Library and Information

22  Services of the Department of State.

23         Section 3.  Section 119.011, Florida Statutes, is

24  amended to read:

25         119.011  Definitions.--As used in For the purpose of

26  this chapter, the term:

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

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

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  recordings, data processing software, or other material,

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

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

  4  in connection with the transaction of official business by any

  5  agency.

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

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

  8  bureau, commission, or other separate unit of government

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

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

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

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

13  business entity acting on behalf of any public agency.

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

15  information with respect to an identifiable person or group of

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

17  anticipate, prevent, or monitor possible criminal activity.

18         (b)  "Criminal investigative information" means

19  information with respect to an identifiable person or group of

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

21  conducting a criminal investigation of a specific act or

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

23  from laboratory tests, reports of investigators or informants,

24  or any type of surveillance.

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

26  investigative information" shall not include:

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

28  crime.

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

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

31  119.07(6)(f) 119.07(3)(f).

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

  2  the arrest.

  3         4.  The crime charged.

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

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

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

  7  criminal case may order that certain information required by

  8  law or agency rule to be given to the person arrested be

  9  maintained in a confidential manner and exempt from the

10  provisions of s. 119.07(1) until released at trial if it is

11  found that the release of such information would:

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

13  witness or would jeopardize the safety of such victim or

14  witness; and

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

16  prosecute a codefendant.

17         6.  Informations and indictments except as provided in

18  s. 905.26.

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

20  meaning:

21         1.  Criminal intelligence information shall be

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

23  gathering conducted with a reasonable, good faith belief that

24  it will lead to detection of ongoing or reasonably anticipated

25  criminal activities.

26         2.  Criminal investigative information shall be

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

28  investigation which is continuing with a reasonable, good

29  faith anticipation of securing an arrest or prosecution in the

30  foreseeable future.

31

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  In addition, criminal intelligence and criminal investigative

  2  information shall be considered "active" while such

  3  information is directly related to pending prosecutions or

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

  5  cases which are barred from prosecution under the provisions

  6  of s. 775.15 or other statute of limitation.

  7         (4)  "Criminal justice agency" means:

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

  9  The term also includes

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

11  enforcement duties;, or

12         (c)  Any agency having custody of criminal intelligence

13  information or criminal investigative information for the

14  purpose of assisting such law enforcement agencies in the

15  conduct of active criminal investigation or prosecution or for

16  the purpose of litigating civil actions under the Racketeer

17  Influenced and Corrupt Organization Act, during the time that

18  such agencies are in possession of criminal intelligence

19  information or criminal investigative information pursuant to

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

21  includes

22         (d)  The Department of Corrections.

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

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

25  responsibility of maintaining the office having public

26  records, or his or her designee.

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

28  routines used to employ and control the capabilities of

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

30  operating systems, compilers, assemblers, utilities, library

31  routines, maintenance routines, applications, and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  computer-networking programs.

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

  3  duplicating, as defined in s. 283.30.

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

  5  provides that a specified record or meeting, or portion

  6  thereof, is not subject to the access reqirements of s.

  7  119.07(1), s. 286.011, or s. 24, Art. I of the State

  8  Constitution.

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

10  ascribed in s. 282.303(12).

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

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

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

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

15  recordings, data-processing software, or other material,

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

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

18  in connection with the transaction of official business by any

19  agency.

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

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

22  portions of data-processing software, including the

23  specifications and documentation, which are used to:

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

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

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

27  management information of the agency, such as payroll and

28  accounting records; or

29         (c)  Control and direct access authorizations and

30  security measures for automated systems.

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  Florida Statutes, are repealed.

  2         Section 5.  Section 119.021, Florida Statutes, is

  3  amended to read:

  4         (Substantial rewording of section. See

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

  6         119.021  Custodial requirements; maintenance,

  7  preservation, and retention of public records.--

  8         (1)  Public records shall be maintained and preserved

  9  as follows:

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

11  in which they are ordinarily used.

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

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

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

15  fitted with noncombustible materials and in such arrangement

16  as to be easily accessible for convenient use.

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

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

19  difficult to read.

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

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

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

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

24  governing body of such municipality may authorize that such

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

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

27  repair, restore, or rebind them.

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

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

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

31  the force and effect of the original.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

  2  Services of the Department of State shall adopt rules to

  3  establish retention schedules and a disposal process for

  4  public records.

  5         (b)  Each agency shall comply with the rules

  6  establishing retention schedules and disposal processes for

  7  public records which are adopted by the records and

  8  information management program of the division.

  9         (c)  Every public official shall systematically dispose

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

11  records and information management program of the division in

12  accordance with s. 257.36.

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

14  records and shall give advice and assistance to public

15  officials to solve problems related to the preservation,

16  creation, filing, and public accessibility of public records

17  in their custody. Public officials shall assist the division

18  by preparing an inclusive inventory of categories of public

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

20  period for the retention or disposal of each series of

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

22  the division shall, subject to the availability of necessary

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

24  space available in its records center for the filing of

25  semicurrent records so scheduled and in its archives for

26  noncurrent records of permanent value, and shall render such

27  other assistance as needed, including the microfilming of

28  records so scheduled.

29         (4)  Agency orders that comprise final agency action

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

31  continuing legal significance; therefore, notwithstanding any

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  other provision of this chapter or any provision of chapter

  2  257, each agency shall permanently maintain records of such

  3  orders pursuant to the applicable rules of the Department of

  4  State.

  5         (5)(a)  Whoever has custody of any public records shall

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

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

  8  information management program of the Division of Library and

  9  Information Services of the Department of State, all public

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

11  official business.

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

13  shall demand them from any person having illegal possession of

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

15  person unlawfully possessing public records must within 10

16  days deliver such records to the lawful custodian of public

17  records unless just cause exists for failing to deliver such

18  records.

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

20  119.06, Florida Statutes, are repealed.

21         Section 7.  Section 119.07, Florida Statutes, is

22  amended to read:

23         119.07  Inspection, examination, and copying

24  duplication of records; fees; exemptions.--

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

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

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

28  reasonable conditions, and under supervision by the custodian

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

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

  3  validly applies, and such person shall produce the remainder

  4  of such record for inspection and copying.

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

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

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

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

  9  including the statutory citation to an exemption created or

10  afforded by statute.

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

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

13  in writing and with particularity the reasons for the

14  conclusion that the record is exempt.

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

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

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

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

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

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

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

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

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

24  asserted exemption is not applicable, it shall order the

25  public record or part thereof in question to be immediately

26  produced for inspection or copying as requested by the person

27  seeking such access.

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

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

30  subject to public inspection or copying under this subsection,

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

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

  3  otherwise made to the custodian of public record by the person

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

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

  6  section with respect to the requested record, the custodian of

  7  public records may not dispose of the record except by order

  8  of a court of competent jurisdiction after notice to all

  9  affected parties.

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

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

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

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

14  to public inspection and copying under this subsection and

15  does not otherwise excuse or exonerate the custodian of public

16  records from any unauthorized or unlawful disposition of such

17  record.

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

19  public records for the purpose of making photographs of the

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

21  custodian of public records.

22         (b)  This subsection applies to the making of

23  photographs in the conventional sense by use of a camera

24  device to capture images of public records but excludes the

25  duplication of microfilm in the possession of the clerk of the

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

27  available by the clerk.

28         (c)  Photographing public records shall be done under

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

30  adopt and enforce reasonable rules governing the work.

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

  2  judgment of the custodian of public records, this is

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

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

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

  6  custodian of public records. Where provision of another room

  7  or place for photographing is required, the expense of

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

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

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

11  public records, a custodian of public records may provide

12  access to public records by remote electronic means, provided

13  confidential or exempt information is not disclosed.

14         (b)  The custodian of public records shall provide

15  safeguards to protect the contents of public records from

16  unauthorized remote electronic access or alteration and to

17  prevent the disclosure or modification of those portions of

18  public records which are exempt from subsection (1) and/or s.

19  24, Art. I of the State Constitution.

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

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

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

23  may include the direct and indirect costs of providing such

24  access. Fees for remote electronic access provided to the

25  general public shall be in accordance with the provisions of

26  this section.

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

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

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

30  following fees are authorized:

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

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

  3  two-sided copy, upon payment of not more than 15 cents per

  4  one-sided copy, and for all other copies, upon payment of the

  5  actual cost of duplication of the public record.  An agency

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

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

  8  duplicated copies shall mean new copies produced by

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

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

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

12  labor cost or overhead cost associated with such duplication.

13  However,

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

15  photographs supplied by county constitutional officers may

16  also include a reasonable charge for the labor and overhead

17  associated with their duplication.  Unless otherwise provided

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

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

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

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

22  certified copy of a public record.

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

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

25  this subsection is such as to require extensive use of

26  information technology resources or extensive clerical or

27  supervisory assistance by personnel of the agency involved, or

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

29  duplication, a special service charge, which shall be

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

31  extensive use of information technology resources or the labor

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  cost of the personnel providing the service that is actually

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

  3  clerical and supervisory assistance required, or both.

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

  5  necessary to photograph public records, the expense of

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

  7  photograph the public records.

  8         2.  The custodian of public records may charge the

  9  person making the photographs for supervision services at a

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

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

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

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

14  "Information technology resources" means data processing

15  hardware and software and services, communications, supplies,

16  personnel, facility resources, maintenance, and training.

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

18  for inspection or examination, no persons other than the

19  supervisor of elections or the supervisor's employees shall

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

21  reasonable effort to notify all candidates by telephone or

22  otherwise of the time and place of the inspection or

23  examination. All such candidates, or their representatives,

24  shall be allowed to be present during the inspection or

25  examination.

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

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

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

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

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

31  exemption has been asserted and validly applies, and such

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  person shall produce the remainder of such record for

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

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

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

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

  6  applicable to the record, including the statutory citation to

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

  8  by the person seeking the right under this subsection to

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

10  writing and with particularity the reasons for the conclusion

11  that the record is exempt.

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

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

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

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

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

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

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

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

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

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

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

23  immediately produced for inspection, examination, or copying

24  as requested by the person seeking such access.

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

26  public record that a requested record is not a public record

27  subject to public inspection and examination under subsection

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

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

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

  3  provisions of this section with respect to the requested

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

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

  6  all affected parties.

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

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

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

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

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

12  excuse or exonerate the custodian from any unauthorized or

13  unlawful disposition of such record.

14         (6)(3)(a)  Examination questions and answer sheets of

15  examinations administered by a governmental agency for the

16  purpose of licensure, certification, or employment are exempt

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

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

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

20  completed examination.

21         (b)1.  Active criminal intelligence information and

22  active criminal investigative information are exempt from the

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

24  Constitution.

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

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

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

28  that would identify the public record that was requested by

29  the law enforcement agency or provided by the custodian are

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  the information constitutes criminal intelligence

  2  criminal-intelligence information or criminal investigative

  3  criminal-investigative information that is active. This

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

  5  Legislature that the exemption be applied to requests for

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

  7  of this subparagraph. The law enforcement agency shall give

  8  notice to the custodial agency when the criminal intelligence

  9  criminal-intelligence information or criminal investigative

10  information is no longer active, so that the custodian's

11  response to the request and information that would identify

12  the public record requested are available to the public. This

13  subparagraph is subject to the Open Government Sunset Review

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

15  repealed October 2, 2007, unless reviewed and saved from

16  repeal through reenactment by the Legislature.

17         (c)  Any information revealing the identity of a

18  confidential informant or a confidential source is exempt from

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

20  State Constitution.

21         (d)  Any information revealing surveillance techniques

22  or procedures or personnel is exempt from the provisions of

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

24  Any comprehensive inventory of state and local law enforcement

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

26  comprehensive policies or plans compiled by a criminal justice

27  agency pertaining to the mobilization, deployment, or tactical

28  operations involved in responding to emergencies, as defined

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

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

31  unavailable for inspection, except by personnel authorized by

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

  2  Governor, the Department of Legal Affairs, the Department of

  3  Law Enforcement, or the Department of Community Affairs as

  4  having an official need for access to the inventory or

  5  comprehensive policies or plans.

  6         (e)  Any information revealing undercover personnel of

  7  any criminal justice agency is exempt from the provisions of

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

  9         (f)  Any criminal intelligence information or criminal

10  investigative information including the photograph, name,

11  address, or other fact or information which reveals the

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

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

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

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

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

17  defined by chapter 827 and any criminal intelligence

18  information or criminal investigative information or other

19  criminal record, including those portions of court records and

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

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

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

23  827, is exempt from the provisions of subsection (1) and s.

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

25         (g)  Any criminal intelligence information or criminal

26  investigative information which reveals the personal assets of

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

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

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

30  Constitution.

31         (h)  All criminal intelligence and criminal

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  investigative information received by a criminal justice

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

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

  4  Constitution.

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

  6  security numbers, and photographs of active or former law

  7  enforcement personnel, including correctional and correctional

  8  probation officers, personnel of the Department of Children

  9  and Family Services whose duties include the investigation of

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

11  activities, personnel of the Department of Health whose duties

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

13  and personnel of the Department of Revenue or local

14  governments whose responsibilities include revenue collection

15  and enforcement or child support enforcement; the home

16  addresses, telephone numbers, social security numbers,

17  photographs, and places of employment of the spouses and

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

19  schools and day care facilities attended by the children of

20  such personnel are exempt from the provisions of subsection

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

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

23  addresses, telephone numbers, photographs, and places of

24  employment of the spouses and children of such firefighters;

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

26  attended by the children of such firefighters are exempt from

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

28  justices of the Supreme Court, district court of appeal

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  and locations of schools and day care facilities attended by

  2  the children of justices and judges are exempt from the

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

  4  numbers, social security numbers, and photographs of current

  5  or former state attorneys, assistant state attorneys,

  6  statewide prosecutors, or assistant statewide prosecutors; the

  7  home addresses, telephone numbers, social security numbers,

  8  photographs, and places of employment of the spouses and

  9  children of current or former state attorneys, assistant state

10  attorneys, statewide prosecutors, or assistant statewide

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

12  care facilities attended by the children of current or former

13  state attorneys, assistant state attorneys, statewide

14  prosecutors, or assistant statewide prosecutors are exempt

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

16  Constitution.

17         2.  The home addresses, telephone numbers, social

18  security numbers, and photographs of current or former human

19  resource, labor relations, or employee relations directors,

20  assistant directors, managers, or assistant managers of any

21  local government agency or water management district whose

22  duties include hiring and firing employees, labor contract

23  negotiation, administration, or other personnel-related

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

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

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

27  locations of schools and day care facilities attended by the

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

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  2, 2006, unless reviewed and saved from repeal through

  2  reenactment by the Legislature.

  3         3.  The home addresses, telephone numbers, social

  4  security numbers, and photographs of current or former code

  5  enforcement officers; the names, home addresses, telephone

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

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

  8  the names and locations of schools and day care facilities

  9  attended by the children of such persons are exempt from

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

11  This subparagraph is subject to the Open Government Sunset

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

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

14  from repeal through reenactment by the Legislature.

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

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

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

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

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

20  maintain the exempt status confidentiality of the personal

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

22  other person, or employing agency of the designated employee

23  submits a written request for maintenance of the exemption

24  confidentiality to the custodial agency.

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

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

27  state for the purpose of forming ridesharing arrangements,

28  which information reveals the identity of an individual who

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

30  341.031, is exempt from the provisions of subsection (1) and

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1         (k)  Any information revealing the substance of a

  2  confession of a person arrested is exempt from the provisions

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

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

  5  determined by adjudication, dismissal, or other final

  6  disposition.

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

  8  attorney (including an attorney employed or retained by the

  9  agency or employed or retained by another public officer or

10  agency to protect or represent the interests of the agency

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

12  express direction, which reflects a mental impression,

13  conclusion, litigation strategy, or legal theory of the

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

15  civil or criminal litigation or for adversarial administrative

16  proceedings, or which was prepared in anticipation of imminent

17  civil or criminal litigation or imminent adversarial

18  administrative proceedings, is exempt from the provisions of

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

20  until the conclusion of the litigation or adversarial

21  administrative proceedings. For purposes of capital collateral

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

23  office is entitled to claim this exemption for those public

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

25  collateral litigation after direct appeal until execution of

26  sentence or imposition of a life sentence.

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

28  public record to another public employee or officer of the

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

30  When asserting the right to withhold a public record pursuant

31  to this paragraph, the agency shall identify the potential

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  parties to any such criminal or civil litigation or

  2  adversarial administrative proceedings.  If a court finds that

  3  the document or other record has been improperly withheld

  4  under this paragraph, the party seeking access to such

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

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

  7  court.

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

  9  pursuant to invitations to bid or requests for proposals are

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

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

12  provides notice of a decision or intended decision pursuant to

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

14  opening, whichever is earlier.

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

16  government seeks to acquire real property by purchase or

17  through the exercise of the power of eminent domain all

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

19  counteroffers must be in writing and are exempt from the

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

21  Constitution until execution of a valid option contract or a

22  written offer to sell that has been conditionally accepted by

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

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

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

26  agency may give conditional acceptance to any option or offer

27  subject only to final acceptance by the agency after the

28  30-day review period.  If a valid option contract is not

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

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

31  of this chapter shall expire at the conclusion of the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  condemnation litigation of the subject property. An agency of

  2  the executive branch may exempt title information, including

  3  names and addresses of property owners whose property is

  4  subject to acquisition by purchase or through the exercise of

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

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

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

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

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

10  branch of state government to purchase real property subject

11  to final agency approval.  This paragraph shall have no

12  application to other exemptions from the provisions of

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

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

15  thereof.

16         (o)  Data processing software obtained by an agency

17  under a licensing agreement which prohibits its disclosure and

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

19  and agency-produced data processing software which is

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

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

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

23  agency head from sharing or exchanging such software with

24  another public agency.  As used in this paragraph:

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

26  routines used to employ and control the capabilities of data

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

28  systems, compilers, assemblers, utilities, library routines,

29  maintenance routines, applications, and computer networking

30  programs.

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  processing software, including the specifications and

  2  documentation, used to:

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

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

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

  6  management information of the agency, such as payroll and

  7  accounting records; or

  8         c.  Control and direct access authorizations and

  9  security measures for automated systems.

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

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

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

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

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

15  financing of housing are exempt from the provisions of

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

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

18  investigation of the complaint becomes inactive, or the

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

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

21  affect any function or activity of the Florida Commission on

22  Human Relations.  Any state or federal agency which is

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

24  provision of law shall be granted such access in the

25  furtherance of such agency's statutory duties, notwithstanding

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

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

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

29  any agency in the executive branch of state government which

30  relate to a complaint of discrimination relating to race,

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  marital status in connection with hiring practices, position

  2  classifications, salary, benefits, discipline, discharge,

  3  employee performance, evaluation, or other related activities

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

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

  6  relating to probable cause, the investigation of the complaint

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

  8  part of the official record of any hearing or court

  9  proceeding.  This provision shall not affect any function or

10  activity of the Florida Commission on Human Relations.  Any

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

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

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

14  statutory duties, notwithstanding the provisions of this

15  section.

16         (r)  All records supplied by a telecommunications

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

18  governmental agency which contain the name, address, and

19  telephone number of subscribers are confidential and exempt

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

21  the State Constitution.

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

23  employment telephone number, home or employment address, or

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

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

26  any agency that regularly receives information from or

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

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

29  Constitution. Any information not otherwise held confidential

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

31  the home or employment telephone number, home or employment

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

  2  victim of sexual battery, aggravated child abuse, aggravated

  3  stalking, harassment, aggravated battery, or domestic violence

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

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

  6  victim, which must include official verification that an

  7  applicable crime has occurred.  Such information shall cease

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

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

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

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

12  duties, notwithstanding the provisions of this section.

13         2.  Any information in a videotaped statement of a

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

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

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

17  847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which

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

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

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

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

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

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

24  described in this subparagraph, is confidential and exempt

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

26  Constitution. Any governmental agency that is authorized to

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

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

29  statutory duties, notwithstanding the provisions of this

30  section.  This subparagraph is subject to the Open Government

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

                                  29

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  shall stand repealed on October 2, 2003.

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

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

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

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

  6  827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or

  7  s. 847.0145, may not willfully and knowingly disclose

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

  9  person who is not assisting in the investigation or

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

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

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

13  alleged offense.

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

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

16  775.082 or s. 775.083.

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

18  prospective bidder to submit in order to prequalify for

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

20  other public works project is exempt from the provisions of

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

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

23  complaint and requests that records of the complaint remain

24  confidential, all records relating to an allegation of

25  employment discrimination are confidential and exempt from the

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

27  Constitution.

28         (v)  Medical information pertaining to a prospective,

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

30  disclosed, would identify that officer or employee is exempt

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

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  1  the State Constitution. However, such information may be

  2  disclosed if the person to whom the information pertains or

  3  the person's legal representative provides written permission

  4  or pursuant to court order.

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

  6  investigatory record of the Chief Inspector General within the

  7  Executive Office of the Governor or of the employee designated

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

  9  112.3189 is exempt from the provisions of subsection (1) and

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

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

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

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

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

15  Investigatory records are those records which are related to

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

17  other wrongdoing, with respect to an identifiable person or

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

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

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

21  investigation.  An investigation is active if it is continuing

22  with a reasonable, good faith anticipation of resolution and

23  with reasonable dispatch.

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

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

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

27  such investigatory records require an exemption to protect the

28  integrity of the investigation or avoid unwarranted damage to

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

30  shall specify the nature and purpose of the investigation and

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

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  1  records are made public.

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

  3  whistle-blower investigations conducted pursuant to the

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

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

  6  former agency employees which numbers are contained in agency

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

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

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

10  in s. 119.011.

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

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

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

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

15  municipality, special district, local agency, authority,

16  consolidated city-county government, or any other local

17  governmental body or public body corporate or politic

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

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

20  of local government.  Audit workpapers and notes related to

21  such audit report are confidential and exempt from the

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

23  Constitution until the audit is completed and the audit report

24  becomes final.

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

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

27  any fee or debt owing are confidential and exempt from

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

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

30  any administrative or judicial proceeding, provided such

31  numbers are kept confidential and exempt, unless otherwise

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                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

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

  3  119.15, and shall stand repealed on October 2, 2001, unless

  4  reviewed and saved from repeal through reenactment by the

  5  Legislature.

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

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

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

  9  commodity, or tangible personal property to any customer or

10  prospective customer shall be exempt from the provisions of

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

12  This exemption commences when a municipal utility identifies

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

14  exemption no longer applies when the contract for sale,

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

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

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

18  active consideration. The exemption in this paragraph includes

19  the bid documents actually furnished in response to the

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

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

22  customer or prospective customer.

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

24  the Department of Highway Safety and Motor Vehicles, personal

25  information contained in a motor vehicle record that

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

27  24(a), Art. I of the State Constitution except as provided in

28  this paragraph.  Personal information includes, but is not

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

30  identification number, name, address, telephone number, and

31  medical or disability information.  For purposes of this

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                                                   Bill No. HB 539

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  1  paragraph, personal information does not include information

  2  relating to vehicular crashes, driving violations, and

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

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

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

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

  7  vehicle title, motor vehicle registration, or identification

  8  card issued by the Department of Highway Safety and Motor

  9  Vehicles.  Personal information contained in motor vehicle

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

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

12  following uses:

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

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

15  vehicle product alterations, recalls, or advisories;

16  performance monitoring of motor vehicles and dealers by motor

17  vehicle manufacturers; and removal of nonowner records from

18  the original owner records of motor vehicle manufacturers, to

19  carry out the purposes of the Automobile Information

20  Disclosure Act, the Motor Vehicle Information and Cost Saving

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

22  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

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

24  court or law enforcement agency, in carrying out its

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

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

27  functions.

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

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

30  vehicle product alterations, recalls, or advisories;

31  performance monitoring of motor vehicles, motor vehicle parts,

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                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  and dealers; motor vehicle market research activities,

  2  including survey research; and removal of nonowner records

  3  from the original owner records of motor vehicle

  4  manufacturers.

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

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

  7  but only:

  8         a.  To verify the accuracy of personal information

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

10  employees, or contractors; and

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

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

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

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

15  interest against, the individual.

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

17  administrative, or arbitral proceeding in any court or agency

18  or before any self-regulatory body for:

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

20  special process server, or other person authorized to serve

21  process in this state.

22         b.  Investigation in anticipation of litigation by an

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

24  of the attorney.

25         c.  Investigation by any person in connection with any

26  filed proceeding.

27         d.  Execution or enforcement of judgments and orders.

28         e.  Compliance with an order of any court.

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

30  producing statistical reports, so long as the personal

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

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                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  individuals.

  2         7.  For use by any insurer or insurance support

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

  4  employees, or contractors, in connection with claims

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

  6  underwriting.

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

  8  or impounded vehicles.

  9         9.  For use by any licensed private investigative

10  agency or licensed security service for any purpose permitted

11  under this paragraph. Personal information obtained based on

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

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

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

15  of the investigation.

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

17  obtain or verify information relating to a holder of a

18  commercial driver's license that is required under the

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

20  2710 et seq.

21         11.  For use in connection with the operation of

22  private toll transportation facilities.

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

24  solicitations when the department has implemented methods and

25  procedures to ensure that:

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

27  and conspicuous manner, to prohibit such uses; and

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

29  solely for bulk distribution for survey, marketing, and

30  solicitations, and that surveys, marketing, and solicitations

31  will not be directed at those individuals who have timely

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                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  requested that they not be directed at them.

  2         13.  For any use if the requesting person demonstrates

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

  4  who is the subject of the motor vehicle record.

  5         14.  For any other use specifically authorized by state

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

  7  vehicle or public safety.

  8

  9  Personal information exempted from public disclosure according

10  to this paragraph may be disclosed by the Department of

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

12  corporation, or similar business entity whose primary business

13  interest is to resell or redisclose the personal information

14  to persons who are authorized to receive such information.

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

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

17  must first enter into a contract with the department regarding

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

19  ensure compliance with the federal Driver's Privacy Protection

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

21  of personal information contained in a motor vehicle record,

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

23  the Department of Highway Safety and Motor Vehicles to resell

24  or redisclose the information for any use permitted under this

25  paragraph. However, only authorized recipients of personal

26  information under subparagraph 12. may resell or redisclose

27  personal information pursuant to subparagraph 12. Any

28  authorized recipient who resells or rediscloses personal

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

30  identifying each person or entity that receives the personal

31  information and the permitted purpose for which it will be

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                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

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

  3  carry out the purposes of this paragraph and the federal

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

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

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

  7  personal information pursuant to this paragraph, shall require

  8  the meeting of conditions by the requesting person for the

  9  purposes of obtaining reasonable assurance concerning the

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

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

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

13  personal information has been obtained.  Such conditions may

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

15  a written application in such form and containing such

16  information and certification requirements as the department

17  requires.

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

19  numbers, credit card numbers, telephone numbers, and

20  information related to health or property insurance furnished

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

22  local housing assistance programs are confidential and exempt

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

24  the State Constitution. Any other information produced or

25  received by any private or public entity in direct connection

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

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

28  subject to subsection (1).

29         2.  Governmental agencies or their agents are entitled

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

  2  agency, as needed, in any administrative or judicial

  3  proceeding, provided such records are kept confidential and

  4  exempt, unless otherwise ordered by a court.

  5         3.  This paragraph is repealed effective October 2,

  6  2003, and must be reviewed by the Legislature before that date

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

  8  Review Act of 1995.

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

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

11  contained in records relating to an individual's personal

12  health or eligibility for health-related services made or

13  received by the Department of Health or its service providers

14  are confidential and exempt from the provisions of subsection

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

16  otherwise provided in this paragraph.  Information made

17  confidential and exempt by this paragraph shall be disclosed:

18         1.  With the express written consent of the individual

19  or the individual's legally authorized representative.

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

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

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

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

24  the records or data pursuant to a research protocol approved

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

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

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

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

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

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

31  approved by a human studies institutional review board, does

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  not plan for the destruction of confidential records after the

  2  research is concluded, is administratively burdensome, or does

  3  not have scientific merit.  The agreement must restrict the

  4  release of any information, which would permit the

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

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

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

  8  pursuant to this subparagraph remain the property of the

  9  department.

10

11  This paragraph is subject to the Open Government Sunset Review

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

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

14  repeal through reenactment by the Legislature.

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

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

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

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

19         (7)(4)  Nothing in this section shall be construed to

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

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

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

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

24  information or records which may reveal the identity of a

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

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

27         (8)(5)  An exemption from this section does not imply

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

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

30         (9)(6)  Nothing in subsection (6) (3) or any other

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

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                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  General, the Office of Program Policy Analysis and Government

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

  3  board of community college, school district, or special

  4  district internal auditor to public records when such person

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

  6  authorized audit, examination, or investigation. Such person

  7  shall maintain the confidential or exempt status

  8  confidentiality of a any public record records that is are

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

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

11  custodians of that record those public records for public

12  disclosure of such record violating confidentiality.

13         (10)(7)(a)  Any person or organization, including the

14  Department of Children and Family Services, may petition the

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

16  of Children and Family Services that pertain to investigations

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

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

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

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

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

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

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

24  the privacy right of other persons identified in the reports

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

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

27  need for citizens to know of and adequately evaluate the

28  actions of the Department of Children and Family Services and

29  the court system in providing vulnerable adults and children

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

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  1  39.202 and 415.107, which protect the name of any person

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

  3  vulnerable adult.

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

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

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

  7  immediate public release of records of the department which

  8  pertain to the protective investigation. The petition must be

  9  personally served upon the child or vulnerable adult, the

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

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

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

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

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

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

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

17  court has neither granted nor denied the petition within the

18  24-hour time period, the department may release to the public

19  summary information including:

20         1.  A confirmation that an investigation has been

21  conducted concerning the alleged victim.

22         2.  The dates and brief description of procedural

23  activities undertaken during the department's investigation.

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

25  each participant's recommendations made at the judicial

26  proceedings, and the rulings of the court.

27

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

29  identifying information with respect to, any person identified

30  in any investigation. In making a determination to release

31  confidential information, the court shall balance the best

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                                                   Bill No. HB 539

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

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

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

  4  other persons identified in the reports against the public

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

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

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

  8  of a child or a vulnerable adult.

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

10  public access exists, the court shall direct that the

11  department redact the name of and other identifying

12  information with respect to any person identified in any

13  protective investigation report until such time as the court

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

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

16  abandonment.

17         (11)(8)  The provisions of this section are not

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

19  Florida Rules of Criminal Procedure, regarding the right and

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

21  criminal prosecution or in collateral postconviction

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

23  the basis for failing to timely litigate any postconviction

24  action.

25         Section 8.  Sections 119.08 and 119.083, Florida

26  Statutes, are repealed.

27         Section 9.  Section 119.084, Florida Statutes, is

28  amended to read:

29         119.084  Definitions; copyright of data processing

30  software created by governmental agencies; sale price and

31  licensing fee; access to public records; prohibited

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





  1  contracts.--

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

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

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

  5  person, partnership, corporation, or business entity.

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

  7  routines used to employ and control the capabilities of data

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

  9  systems, compilers, assemblers, utilities, library routines,

10  maintenance routines, applications, and computer networking

11  programs.

12         (c)  "Proprietary software" means data processing

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

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

15  copyrights for data processing software created by the agency

16  and to enforce its rights pertaining to such copyrights,

17  provided that the agency complies with the requirements of

18  this section.

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

20  processing software created by the agency may sell or license

21  the copyrighted data processing software to any public agency

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

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

24  Proceeds from the sale or licensing of copyrighted data

25  processing software shall be deposited by the agency into a

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

27  purposes.  Counties, municipalities, and other political

28  subdivisions of the state may designate how such sale and

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

30  and the fee for the licensing of copyrighted data processing

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

    Amendment No. ___ (for drafter's use only)





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

  2  processing software to an individual or entity solely for

  3  application to information maintained or generated by the

  4  agency that created the copyrighted data processing software

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

  6         (b)  The provisions of this subsection are supplemental

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

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

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

10  secret laws and public records exemptions, agency use of

11  proprietary software must not diminish the right of the public

12  to inspect and copy a public record.

13         (4)  An agency must consider when designing or

14  acquiring an electronic recordkeeping system that such system

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

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

17  Interchange.

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

19  electronic recordkeeping system shall provide to any person,

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

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

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

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

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

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

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

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

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

29  information not routinely developed or maintained by the

30  agency or that requires a substantial amount of manipulation

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

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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:

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

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                                                   Bill No. HB 539

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  1  775.084.

  2         Section 12.  Section 119.105, Florida Statutes, is

  3  amended to read:

  4         119.105  Protection of victims of crimes or

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

  6  otherwise made exempt or confidential by general or special

  7  law. Every person is allowed to examine nonexempt or

  8  nonconfidential police reports. No person who inspects or

  9  copies police reports for the purpose of obtaining the names

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

11  any information contained therein for any commercial

12  solicitation of the victims or relatives of the victims of the

13  reported crimes or accidents. Nothing herein shall prohibit

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

15  use of such information for any other data collection or

16  analysis purposes.

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

18  120.55, Florida Statutes, is amended to read:

19         120.55  Publication.--

20         (1)  The Department of State shall:

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

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

23  Administrative Code shall contain Publish in a permanent

24  compilation entitled "Florida Administrative Code" all rules

25  adopted by each agency, citing the specific rulemaking

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

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

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

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

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

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

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  1  however, the department shall retain responsibility for the

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

  3  the official compilation of the administrative rules of this

  4  state.  The Department of State shall retain the copyright

  5  over the Florida Administrative Code.

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

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

  8  part thereof, or university rules relating to internal

  9  personnel or business and finance shall not be published in

10  the Florida Administrative Code. Exclusion from publication in

11  the Florida Administrative Code shall not affect the validity

12  or effectiveness of such rules.

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

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

15  department, the department shall publish the address and

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

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

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

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

20         4.  Forms shall not be published in the Florida

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

22  dealings with the public, along with any accompanying

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

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

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

26  reference into the appropriate rule.  The reference shall

27  specifically state that the form is being incorporated by

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

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

30  obtained.

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

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                                                   Bill No. HB 539

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  1  257.36, Florida Statutes, is amended to read:

  2         257.36  Records and information management.--

  3         (2)

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

  5  shall remain in the agency transferring such record to the

  6  division. When the Legislature transfers any duty or

  7  responsibility of an agency to another agency, the receiving

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

  9  the public records associated with that transfered duty or

10  responsibility, and shall be responsible for the records

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

12  dissolved and the legislation dissolving that agency does not

13  assign an existing agency as the custodian of public records

14  for the dissolved ageny's records, then the Cabinet is the

15  custodian of public records for the dissolved agency, unless

16  the Cabinet otherwise designates a custodian.  The Cabinet or

17  the agency designated by the Cabinet shall be responsible for

18  the records storage service charges of the division.

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

20  Statutes, is amended to read:

21         328.15  Notice of lien on vessel; recording.--

22         (5)  The Department of Highway Safety and Motor

23  Vehicles shall make such rules and regulations as it deems

24  necessary or proper for the effective administration of this

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

26  satisfaction of a lien be notarized. The department shall

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

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

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

30  satisfactions and shall keep a permanent record of such

31  notices of lien and satisfactions available for inspection by

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

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

  3  $1, which certified copies shall be admissible in evidence in

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

  5  same effect as certified copies of other public records.

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

  7  Florida Statutes, is amended to read:

  8         372.5717  Hunter safety course; requirements;

  9  penalty.--

10         (4)  The commission shall issue a permanent hunter

11  safety certification card to each person who successfully

12  completes the hunter safety course.  The commission shall

13  maintain permanent records of hunter safety certification

14  cards issued and shall establish procedures for replacing lost

15  or destroyed cards.

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

17  Statutes, is amended to read:

18         560.121  Records; limited restrictions upon public

19  access.--

20         (2)  Examination reports, investigatory records,

21  applications, and related information compiled by the

22  department, or photographic copies thereof, shall be retained

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

24  date that the examination or investigation ceases to be

25  active. Application records, and related information compiled

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

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

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

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

30  Statutes, is amended to read:

31         560.123  Florida control of money laundering in the

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                                                   Bill No. HB 539

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  1  Money Transmitters' Code; reports of transactions involving

  2  currency or monetary instruments; when required; purpose;

  3  definitions; penalties; corpus delicti.--

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

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

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

  7  information contained in a report is known by the department

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

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

10  from the date of receipt.

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

12  Statutes, is amended to read:

13         560.129  Confidentiality.--

14         (5)  Examination reports, investigatory records,

15  applications, and related information compiled by the

16  department, or photographic copies thereof, shall be retained

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

18  date that the examination or investigation ceases to be

19  active. Application records, and related information compiled

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

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

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

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

24  Statutes, is amended to read:

25         624.311  Records; reproductions; destruction.--

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

27  reproduce on film, or maintain in an electronic recordkeeping

28  system whereby each page will be reproduced in exact

29  conformity with the original, all financial records, financial

30  statements of domestic insurers, reports of business

31  transacted in this state by foreign insurers and alien

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

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  1  insurers, reports of examination of domestic insurers, and

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

  3  may in its discretion select.

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

  5  Statutes, is amended to read:

  6         624.312  Reproductions and certified copies of records

  7  as evidence.--

  8         (1)  Photographs or microphotographs in the form of

  9  film or prints, or other reproductions from an electronic

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

11  624.311(3), or made under former s. 624.311(3) before October

12  1, 1982, shall have the same force and effect as the originals

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

14  their admissibility in evidence.  Duly certified or

15  authenticated reproductions of such photographs or

16  microphotographs or reproductions from an electronic

17  recordkeeping system shall be as admissible in evidence as the

18  originals.

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

20  Statutes, is amended to read:

21         633.527  Records concerning applicant; extent of

22  confidentiality.--

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

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

25  date of the examination.

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

27  Statutes, is amended to read:

28         655.50  Florida Control of Money Laundering in

29  Financial Institutions Act; reports of transactions involving

30  currency or monetary instruments; when required; purpose;

31  definitions; penalties.--

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                                                   HOUSE AMENDMENT

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

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

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

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

  5  department to be the subject of an existing criminal

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

  7  calendar years after receipt of the report.

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

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

10  financial transactions, including all records required by 31

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

12         (b)(c)  The financial institution shall retain a copy

13  of all reports filed with the department under subsection (4)

14  for a minimum of 5 calendar years after submission of the

15  report. However, if a report or information contained in a

16  report is known by the financial institution to be the subject

17  of an existing criminal proceeding, the report shall be

18  retainedfor a minimum of 10 calendar years after submission of

19  the report.

20         (c)(d)  The financial institution shall retain a copy

21  of all records of exemption for each designation of exempt

22  person made pursuant to subsection (6) for a minimum of 5

23  calendar years after termination of exempt status of such

24  customer. However, if it is known by the financial institution

25  that the customer or the transactions of the customer are the

26  subject of an existing criminal proceeding, the records shall

27  be retained for a minimum of 10 calendar years after

28  termination of exempt status of such customer.

29         Section 24.  Section 945.25, Florida Statutes, is

30  amended to read:

31         945.25  Records.--

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

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  1         (1)  It shall be the duty of the Department of

  2  Corrections to obtain and place in its permanent records

  3  information as complete as practicable may be practicably

  4  available on every person who may be sentenced to supervision

  5  or incarceration under the jurisdiction of the department

  6  become subject to parole.  Such information shall be obtained

  7  as soon as possible after imposition of sentence and shall, in

  8  the discretion of the department, include, among other things:

  9         (a)  A copy of the indictment or information and a

10  complete statement of the facts of the crime for which such

11  person has been sentenced.

12         (b)  The court in which the person was sentenced.

13         (c)  The terms of the sentence.

14         (d)  The name of the presiding judge, the prosecuting

15  officers, the investigating officers, and the attorneys for

16  the person convicted.

17         (e)  A copy of all probation reports which may have

18  been made.

19         (f)  Any social, physical, mental, psychiatric, or

20  criminal record of such person.

21         (2)  The department, in its discretion, shall also

22  obtain and place in its permanent records such information on

23  every person who may be placed on probation, and on every

24  person who may become subject to pardon and commutation of

25  sentence.

26         (2)(3)  It shall be the duty of the court and its

27  prosecuting officials to furnish to the department upon its

28  request such information and also to furnish such copies of

29  such minutes and other records as may be in their possession

30  or under their control.

31         (3)(4)  Following the initial hearing provided for in

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                                                   Bill No. HB 539

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  1  s. 947.172(1), the commission shall prepare and the department

  2  shall include in the official record a copy of the

  3  seriousness-of-offense and favorable-parole-outcome scores and

  4  shall include a listing of the specific factors and

  5  information used in establishing a presumptive parole release

  6  date for the inmate.

  7         Section 25.  Paragraph (e) of subsection (4) of section

  8  985.31, Florida Statutes, is amended to read:

  9         985.31  Serious or habitual juvenile offender.--

10         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

11         (e)  The results of any serologic blood or urine test

12  on a serious or habitual juvenile offender shall become a part

13  of that child's permanent medical file. Upon transfer of the

14  child to any other designated treatment facility, such file

15  shall be transferred in an envelope marked confidential. The

16  results of any test designed to identify the human

17  immunodeficiency virus, or its antigen or antibody, shall be

18  accessible only to persons designated by rule of the

19  department. The provisions of such rule shall be consistent

20  with the guidelines established by the Centers for Disease

21  Control and Prevention.

22         Section 26.  Paragraph (d) of subsection (6) of section

23  212.095, Florida Statutes, is repealed.

24         Section 27.  Subsection (9) of section 238.03, Florida

25  Statutes, is repealed.

26         Section 28.  Section 591.34, Florida Statutes, is

27  repealed.

28         Section 29.  Paragraph (a) of subsection (5) of section

29  15.09, Florida Statutes, is amended to read:

30         15.09  Fees.--

31         (5)(a)  There is created within the Department of State

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                                                   Bill No. HB 539

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  1  a Public Access Data Systems Trust Fund, which shall be used

  2  by the department to purchase information systems and

  3  equipment that provide greater public accessibility to the

  4  information and records maintained by it. Notwithstanding any

  5  other provision of law, the Divisions of Licensing, Elections,

  6  and Corporations of the department shall transfer each fiscal

  7  year to the Public Access Data Systems Trust Fund from their

  8  respective trust funds:

  9         1.  An amount equal to 2 percent of all revenues

10  received for the processing of documents, filings, or

11  information requests.

12         2.  All public access network revenues collected

13  pursuant to s. 15.16 or s. 119.01(3)(f) 119.085.

14         Section 30.  Paragraph (f) of subsection (1) of section

15  23.22, Florida Statutes, is amended to read:

16         23.22  Paperwork reduction; activities of

17  departments.--

18         (1)  In order to reduce the amount of paperwork

19  associated with the collection of information from

20  individuals, private-sector organizations, and local

21  governments and to provide more efficient and effective

22  assistance to such individuals and organizations in completing

23  necessary paperwork required by the government, each

24  department head shall, to the extent feasible:

25         (f)  Collaborate with the Division of Library and

26  Information Services, pursuant to s. 119.021(3)(d) 119.09, to

27  identify and index records retention requirements placed on

28  private-sector organizations and local governments in Florida,

29  clarify and reduce the requirements, and educate the affected

30  entities through various communications media, including

31  voice, data, video, radio, and image.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

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  1         Section 31.  Subsection (2) of section 27.151, Florida

  2  Statutes, is amended to read:

  3         27.151  Confidentiality of specified executive orders;

  4  criteria.--

  5         (2)  The Governor shall consider the purposes specified

  6  in s. 119.15 and shall consider the provisions of s. 24, Art.

  7  I of the State Constitution The Governor shall base his or her

  8  decision to make an executive order confidential on the

  9  criteria set forth in s. 119.14.

10         Section 32.  Paragraph (d) of subsection (1) of section

11  101.5607, Florida Statutes, is amended to read:

12         101.5607  Department of State to maintain voting system

13  information; prepare software.--

14         (1)

15         (d)  Section 119.07(6)(o) 119.07(3)(o) applies to all

16  software on file with the Department of State.

17         Section 33.  Paragraph (b) of subsection (2) of section

18  112.533, Florida Statutes, is amended to read:

19         112.533  Receipt and processing of complaints.--

20         (2)

21         (b)  This subsection does not apply to any public

22  record which is exempt from public disclosure pursuant to s.

23  119.07(6) 119.07(3). For the purposes of this subsection, an

24  investigation shall be considered active as long as it is

25  continuing with a reasonable, good faith anticipation that an

26  administrative finding will be made in the foreseeable future.

27  An investigation shall be presumed to be inactive if no

28  finding is made within 45 days after the complaint is filed.

29         Section 34.  Paragraph (e) of subsection (2) of section

30  231.29, Florida Statutes, is amended to read:

31         231.291  Personnel files.--Public school system

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                                                   Bill No. HB 539

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  1  employee personnel files shall be maintained according to the

  2  following provisions:

  3         (2)

  4         (e)  Upon request, an employee, or any person

  5  designated in writing by the employee, shall be permitted to

  6  examine the personnel file of such employee.  The employee

  7  shall be permitted conveniently to reproduce any materials in

  8  the file, at a cost no greater than the fees prescribed in s.

  9  119.07(4) 119.07(1).

10         Section 35.  Subsection (1) of section 257.34, Florida

11  Statutes, is amended to read:

12         257.34  Florida International Archive and Repository.--

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

14  and Information Services of the Department of State the

15  Florida International Archive and Repository for the

16  preservation of those public records, as defined in s.

17  119.011(11) 119.011(1), manuscripts, international judgments

18  involving disputes between domestic and foreign businesses,

19  and all other public matters that the department or the

20  Florida Council of International Development deems relevant to

21  international issues. It is the duty and responsibility of the

22  division to:

23         (a)  Organize and administer the Florida International

24  Archive and Repository.

25         (b)  Preserve and administer records that are

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

27  them, according to approved archival and repository practices;

28  and permit them, at reasonable times and under the supervision

29  of the division, to be inspected, examined, and copied. All

30  public records transferred to the custody of the division are

31  subject to the provisions of s. 119.07(1).

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  1         (c)  Assist the records and information management

  2  program in the determination of retention values for records.

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

  4  state institutions, departments, agencies, counties,

  5  municipalities, and individuals engaged in internationally

  6  related activities.

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

  8  established by the division, the materials in the

  9  international archive and repository may be studied.

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

11  international trade, government, and culture and maintain a

12  program of information, assistance, coordination, and guidance

13  for public officials, educational institutions, libraries, the

14  scholarly community, and the general public engaged in such

15  research.

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

17  agencies, libraries, institutions, and individuals in projects

18  concerned with internationally related issues and preserve

19  original materials relating to internationally related issues.

20         (h)  Assist and cooperate with the records and

21  information management program in the training and information

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

23         Section 36.  Subsection (1) of section 257.35, Florida

24  Statutes, is amended to read:

25         257.35  Florida State Archives.--

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

27  and Information Services of the Department of State the

28  Florida State Archives for the preservation of those public

29  records, as defined in s. 119.011(11) 119.011(1), manuscripts,

30  and other archival material that have been determined by the

31  division to have sufficient historical or other value to

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 539

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  1  warrant their continued preservation and have been accepted by

  2  the division for deposit in its custody. It is the duty and

  3  responsibility of the division to:

  4         (a)  Organize and administer the Florida State

  5  Archives.

  6         (b)  Preserve and administer such records as shall be

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

  8  them, according to approved archival practices; and permit

  9  them, at reasonable times and under the supervision of the

10  division, to be inspected, examined, and copied.  All public

11  records transferred to the custody of the division shall be

12  subject to the provisions of s. 119.07(1), except that any

13  public record or other record provided by law to be

14  confidential or prohibited from inspection by the public shall

15  be made accessible only after a period of 50 years from the

16  date of the creation of the record.  Any nonpublic manuscript

17  or other archival material which is placed in the keeping of

18  the division under special terms and conditions, shall be made

19  accessible only in accordance with such law terms and

20  conditions and shall be exempt from the provisions of s.

21  119.07(1) to the extent necessary to meet the terms and

22  conditions for a nonpublic manuscript or other archival

23  material.

24         (c)  Assist the records and information management

25  program in the determination of retention values for records.

26         (d)  Cooperate with and assist insofar as practicable

27  state institutions, departments, agencies, counties,

28  municipalities, and individuals engaged in activities in the

29  field of state archives, manuscripts, and history and accept

30  from any person any paper, book, record, or similar material

31  which in the judgment of the division warrants preservation in

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  1  the state archives.

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

  3  established by the division, the materials in the state

  4  archives may be studied.

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

  6  Florida history, government, and culture and maintain a

  7  program of information, assistance, coordination, and guidance

  8  for public officials, educational institutions, libraries, the

  9  scholarly community, and the general public engaged in such

10  research.

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

12  agencies, libraries, institutions, and individuals in projects

13  designed to preserve original source materials relating to

14  Florida history, government, and culture and prepare and

15  publish handbooks, guides, indexes, and other literature

16  directed toward encouraging the preservation and use of the

17  state's documentary resources.

18         (h)  Encourage and initiate efforts to preserve,

19  collect, process, transcribe, index, and research the oral

20  history of Florida government.

21         (i)  Assist and cooperate with the records and

22  information management program in the training and information

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

24         Section 37.  Section 282.21, Florida Statutes, is

25  amended to read:

26         282.21  The State Technology Office's electronic access

27  services.--The State Technology Office may collect fees for

28  providing remote electronic access pursuant to s. 119.01(3)(f)

29  119.085. The fees may be imposed on individual transactions or

30  as a fixed subscription for a designated period of time.  All

31  fees collected under this section shall be deposited in the

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  1  appropriate trust fund of the program or activity that made

  2  the remote electronic access available.

  3         Section 38.  Paragraph (h) of subsection (2) of section

  4  287.0943, Florida Statutes, is amended to read:

  5         287.0943  Certification of minority business

  6  enterprises.--

  7         (2)

  8         (h)  The certification procedures should allow an

  9  applicant seeking certification to designate on the

10  application form the information the applicant considers to be

11  proprietary, confidential business information. As used in

12  this paragraph, "proprietary, confidential business

13  information" includes, but is not limited to, any information

14  that would be exempt from public inspection pursuant to the

15  provisions of s. 119.07(6) 119.07(3); trade secrets; internal

16  auditing controls and reports; contract costs; or other

17  information the disclosure of which would injure the affected

18  party in the marketplace or otherwise violate s. 286.041. The

19  executor in receipt of the application shall issue written and

20  final notice of any information for which noninspection is

21  requested but not provided for by law.

22         Section 39.  Subsection (1) of section 320.05, Florida

23  Statutes, is amended to read:

24         320.05  Records of the department; inspection

25  procedure; lists and searches; fees.--

26         (1)  Except as provided in s. 119.07(6) 119.07(3), the

27  department may release records as provided in this section.

28         Section 40.  Subsection (8) of section 322.20, Florida

29  Statutes, is amended to read:

30         322.20  Records of the department; fees; destruction of

31  records.--

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  1         (8)  Except as provided in s. 119.07(6) 119.07(3), the

  2  department may release records as provided in this section.

  3         Section 41.  Paragraph (b) of subsection (2) of section

  4  338.223, Florida Statutes, is amended to read:

  5         338.223  Proposed turnpike projects.--

  6         (2)

  7         (b)  In accordance with the legislative intent

  8  expressed in s. 337.273, and after the requirements of

  9  paragraph (1)(c) have been met, the department may acquire

10  lands and property before making a final determination of the

11  economic feasibility of a project. The requirements of

12  paragraph (1)(c) do not apply to hardship and protective

13  purchases of advance right-of-way by the department. The cost

14  of advance acquisition of right-of-way may be paid from bonds

15  issued under s. 337.276 or from turnpike revenues. For

16  purposes of this paragraph, the term "hardship purchase" means

17  purchase from a property owner of a residential dwelling of

18  not more than four units who is at a disadvantage due to

19  health impairment, job loss, or significant loss of rental

20  income. For purposes of this paragraph, the term "protective

21  purchase" means that a purchase to limit development,

22  building, or other intensification of land uses within the

23  area right-of-way is needed for transportation facilities. The

24  department shall give written notice to the Department of

25  Environmental Protection 30 days before final agency

26  acceptance as set forth in s. 119.07(6)(n) 119.07(3)(n), which

27  notice shall allow the Department of Environmental Protection

28  to comment. Hardship and protective purchases of right-of-way

29  shall not influence the environmental feasibility of a

30  project, including the decision relative to the need to

31  construct the project or the selection of a specific location.

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  1  Costs to acquire and dispose of property acquired as hardship

  2  and protective purchases are considered costs of doing

  3  business for the department and are not to be considered in

  4  the determination of environmental feasibility for the

  5  project.

  6         Section 42.  Paragraph (a) of subsection (1) of section

  7  378.406, Florida Statutes, is amended to read:

  8         378.406  Confidentiality of records; availability of

  9  information.--

10         (1)(a)  Any information relating to prospecting, rock

11  grades, or secret processes or methods of operation which may

12  be required, ascertained, or discovered by inspection or

13  investigation shall be exempt from the provisions of s.

14  119.07(1), shall not be disclosed in public hearings, and

15  shall be kept confidential by any member, officer, or employee

16  of the department, if the applicant requests the department to

17  keep such information confidential and informs the department

18  of the basis for such confidentiality. Should the secretary

19  determine that such information requested to be kept

20  confidential shall not be kept confidential, the secretary

21  shall provide the operator with not less than 30 days' notice

22  of his or her intent to release the information. When making

23  his or her determination, the secretary shall consider the

24  public purposes specified in s. 119.15 119.14(4)(b).

25         Section 43.  Paragraph (c) of subsection (5) of section

26  399.02, Florida Statutes, is amended to read:

27         399.02  General requirements.--

28         (5)

29         (c)  The elevator owner shall report to the department

30  60 days before the expiration of the certificate of operation

31  whether there exists a service maintenance contract, with whom

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  1  the contract exists, and the details concerning the provisions

  2  and implementation of the contract which the department

  3  requires. The department shall keep the names of companies

  4  with whom the contract exists confidential pursuant to the

  5  public records exemption provided in s. 119.14(4)(b)3. This

  6  annual contract report must be made on forms supplied by the

  7  department.  The elevator owner must report any material

  8  change in the service maintenance contract no fewer than 30

  9  days before the effective date of the change.  The department

10  shall determine whether the provisions of the service

11  maintenance contract and its implementation ensure the safe

12  operation of the elevator.

13         Section 44.  Paragraph (c) of subsection (1) of section

14  400.0077, Florida Statutes, is amended to read:

15         400.0077  Confidentiality.--

16         (1)  The following are confidential and exempt from the

17  provisions of s. 119.07(1):

18         (c)  Any other information about a complaint, including

19  any problem identified by an ombudsman council as a result of

20  an investigation, unless an ombudsman council determines that

21  the information does not meet any of the criteria specified in

22  s.119.15(4)(b) 119.14(4)(b); or unless the information is to

23  collect data for submission to those entities specified in s.

24  712(c) of the federal Older Americans Act for the purpose of

25  identifying and resolving significant problems.

26         Section 45.  Subsection (5) of section 401.27, Florida

27  Statutes, is amended to read:

28         401.27  Personnel; standards and certification.--

29         (5)  The certification examination must be offered

30  monthly.  The department shall issue an examination admission

31  notice to the applicant advising him or her of the time and

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  1  place of the examination for which he or she is scheduled.

  2  Individuals achieving a passing score on the certification

  3  examination may be issued a temporary certificate with their

  4  examination grade report.  The department must issue an

  5  original certification within 45 days after the examination.

  6  Examination questions and answers are not subject to discovery

  7  but may be introduced into evidence and considered only in

  8  camera in any administrative proceeding under chapter 120. If

  9  an administrative hearing is held, the department shall

10  provide challenged examination questions and answers to the

11  administrative law judge. The department shall establish by

12  rule the procedure by which an applicant, and the applicant's

13  attorney, may review examination questions and answers in

14  accordance with s. 119.07(6)(a) 119.07(3)(a).

15         Section 46.  Subsection (1) of section 403.111, Florida

16  Statutes, is amended to read:

17         403.111  Confidential records.--

18         (1)  Any information, other than effluent data and

19  those records described in 42 U.S.C. s. 7661a(b)(8), relating

20  to secret processes or secret methods of manufacture or

21  production, or relating to costs of production, profits, or

22  other financial information which is otherwise not public

23  record, which may be required, ascertained, or discovered by

24  inspection or investigation shall be exempt from the

25  provisions of s. 119.07(1), shall not be disclosed in public

26  hearings, and shall be kept confidential by any member,

27  officer, or employee of the department, upon a showing

28  satisfactory to the department that the information should be

29  kept confidential.  The person from whom the information is

30  obtained must request that the department keep such

31  information confidential and must inform the department of the

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  1  basis for the claim of confidentiality.  The department shall,

  2  subject to notice and opportunity for hearing, determine

  3  whether the information requested to be kept confidential

  4  should or should not be kept confidential.  The department

  5  shall determine whether the information submitted should be

  6  kept confidential pursuant to the public purpose test as

  7  stated in s. 119.15(4)(b)3. 119.14(4)(b)3.

  8         Section 47.  Section 409.2577, Florida Statutes, is

  9  amended to read:

10         409.2577  Parent locator service.--The department shall

11  establish a parent locator service to assist in locating

12  parents who have deserted their children and other persons

13  liable for support of dependent children.  The department

14  shall use all sources of information available, including the

15  Federal Parent Locator Service, and may request and shall

16  receive information from the records of any person or the

17  state or any of its political subdivisions or any officer

18  thereof. Any agency as defined in s. 120.52, any political

19  subdivision, and any other person shall, upon request, provide

20  the department any information relating to location, salary,

21  insurance, social security, income tax, and employment history

22  necessary to locate parents who owe or potentially owe a duty

23  of support pursuant to Title IV-D of the Social Security Act.

24  This provision shall expressly take precedence over any other

25  statutory nondisclosure provision which limits the ability of

26  an agency to disclose such information, except that law

27  enforcement information as provided in s. 119.07(6)(i)

28  119.07(3)(i) is not required to be disclosed, and except that

29  confidential taxpayer information possessed by the Department

30  of Revenue shall be disclosed only to the extent authorized in

31  s. 213.053(15).  Nothing in this section requires the

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  1  disclosure of information if such disclosure is prohibited by

  2  federal law. Information gathered or used by the parent

  3  locator service is confidential and exempt from the provisions

  4  of s. 119.07(1). Additionally, the department is authorized to

  5  collect any additional information directly bearing on the

  6  identity and whereabouts of a person owing or asserted to be

  7  owing an obligation of support for a dependent child. The

  8  department shall, upon request, make information available

  9  only to public officials and agencies of this state; political

10  subdivisions of this state, including any agency thereof

11  providing child support enforcement services to non-Title IV-D

12  clients; the custodial parent, legal guardian, attorney, or

13  agent of the child; and other states seeking to locate parents

14  who have deserted their children and other persons liable for

15  support of dependents, for the sole purpose of establishing,

16  modifying, or enforcing their liability for support, and shall

17  make such information available to the Department of Children

18  and Family Services for the purpose of diligent search

19  activities pursuant to chapter 39. If the department has

20  reasonable evidence of domestic violence or child abuse and

21  the disclosure of information could be harmful to the

22  custodial parent or the child of such parent, the child

23  support program director or designee shall notify the

24  Department of Children and Family Services and the Secretary

25  of the United States Department of Health and Human Services

26  of this evidence. Such evidence is sufficient grounds for the

27  department to disapprove an application for location services.

28         Section 48.  Subsection (6) of section 455.219, Florida

29  Statutes, is amended to read:

30         455.219  Fees; receipts; disposition; periodic

31  management reports.--

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  1         (6)  The department or the appropriate board shall

  2  charge a fee not to exceed $25 for the certification of a

  3  public record.  The fee shall be determined by rule of the

  4  department. The department or the appropriate board shall

  5  assess a fee for duplication of a public record as provided in

  6  s. 119.07(4) 119.07(1)(a) and (b).

  7         Section 49.  Subsection (11) of section 456.025,

  8  Florida Statutes, is amended to read:

  9         456.025  Fees; receipts; disposition.--

10         (11)  The department or the appropriate board shall

11  charge a fee not to exceed $25 for the certification of a

12  public record. The fee shall be determined by rule of the

13  department. The department or the appropriate board shall

14  assess a fee for duplicating a public record as provided in s.

15  119.07(4) 119.07(1)(a) and (b).

16         Section 50.  Paragraph (l) of subsection (3) of section

17  627.311, Florida Statutes, is amended to read:

18         627.311  Joint underwriters and joint reinsurers.--

19         (3)  The department may, after consultation with

20  insurers licensed to write automobile insurance in this state,

21  approve a joint underwriting plan for purposes of equitable

22  apportionment or sharing among insurers of automobile

23  liability insurance and other motor vehicle insurance, as an

24  alternate to the plan required in s. 627.351(1).  All insurers

25  authorized to write automobile insurance in this state shall

26  subscribe to the plan and participate therein.  The plan shall

27  be subject to continuous review by the department which may at

28  any time disapprove the entire plan or any part thereof if it

29  determines that conditions have changed since prior approval

30  and that in view of the purposes of the plan changes are

31  warranted. Any disapproval by the department shall be subject

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  1  to the provisions of chapter 120.  If adopted, the plan and

  2  the association created under the plan:

  3         (l)1.  Shall be subject to the public records

  4  requirements of chapter 119 and the public meeting

  5  requirements of s. 286.011.  However, the following records of

  6  the Florida Automobile Joint Underwriting Association are

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

  8  of the State Constitution:

  9         a.  Underwriting files, except that a policyholder or

10  an applicant shall have access to his or her own underwriting

11  files.

12         b.  Claims files, until termination of all litigation

13  and settlement of all claims arising out of the same incident,

14  although portions of the claims files may remain exempt, as

15  otherwise provided by law. Confidential and exempt claims file

16  records may be released to other governmental agencies upon

17  written request and demonstration of need; such records held

18  by the receiving agency remain confidential and exempt as

19  provided by this paragraph.

20         c.  Records obtained or generated by an internal

21  auditor pursuant to a routine audit, until the audit is

22  completed or, if the audit is conducted as part of an

23  investigation, until the investigation is closed or ceases to

24  be active.  An investigation is considered "active" while the

25  investigation is being conducted with a reasonable, good faith

26  belief that it could lead to the filing of administrative,

27  civil, or criminal proceedings.

28         d.  Matters reasonably encompassed in privileged

29  attorney-client communications.

30         e.  Proprietary information licensed to the association

31  under contract when the contract provides for the

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  1  confidentiality of such proprietary information.

  2         f.  All information relating to the medical condition

  3  or medical status of an association employee which is not

  4  relevant to the employee's capacity to perform his or her

  5  duties, except as otherwise provided in this paragraph.

  6  Information which is exempt shall include, but is not limited

  7  to, information relating to workers' compensation, insurance

  8  benefits, and retirement or disability benefits.

  9         g.  All records relative to an employee's participation

10  in an employee assistance program designed to assist any

11  employee who has a behavioral or medical disorder, substance

12  abuse problem, or emotional difficulty which affects the

13  employee's job performance, except as otherwise provided in s.

14  112.0455(11).

15         h.  Information relating to negotiations for financing,

16  reinsurance, depopulation, or contractual services, until the

17  conclusion of the negotiations.

18         i.  Minutes of closed meetings regarding underwriting

19  files, and minutes of closed meetings regarding an open claims

20  file until termination of all litigation and settlement of all

21  claims with regard to that claim, except that information

22  otherwise confidential or exempt by law must be redacted.

23

24  When an authorized insurer is considering underwriting a risk

25  insured by the association, relevant underwriting files and

26  confidential claims files may be released to the insurer

27  provided the insurer agrees in writing, notarized and under

28  oath, to maintain the confidentiality of such files.  When a

29  file is transferred to an insurer, that file is no longer a

30  public record because it is not held by an agency subject to

31  the provisions of the public records law. The association may

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  1  make the following information obtained from underwriting

  2  files and confidential claims files available to licensed

  3  general lines insurance agents:  name, address, and telephone

  4  number of the automobile owner or insured; location of the

  5  risk; rating information; loss history; and policy type.  The

  6  receiving licensed general lines insurance agent must retain

  7  the confidentiality of the information received.

  8         2.  Portions of meetings of the Florida Automobile

  9  Joint Underwriting Association during which confidential

10  underwriting files or confidential open claims files are

11  discussed are exempt from the provisions of s. 286.011 and s.

12  24(b), Art. I of the State Constitution.  All portions of

13  association meetings which are closed to the public shall be

14  recorded by a court reporter.  The court reporter shall record

15  the times of commencement and termination of the meeting, all

16  discussion and proceedings, the names of all persons present

17  at any time, and the names of all persons speaking.  No

18  portion of any closed meeting shall be off the record.

19  Subject to the provisions of this paragraph and s.

20  119.07(1)(b)-(d) 119.07(2)(a), the court reporter's notes of

21  any closed meeting shall be retained by the association for a

22  minimum of 5 years.  A copy of the transcript, less any exempt

23  matters, of any closed meeting during which claims are

24  discussed shall become public as to individual claims after

25  settlement of the claim.

26

27  This paragraph is subject to the Open Government Sunset Review

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

29  repealed on October 2, 2003, unless reviewed and saved from

30  repeal through reenactment by the Legislature.

31         Section 51.  Paragraph (n) of subsection (6) of section

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  1  627.351, Florida Statutes, is amended to read:

  2         627.351  Insurance risk apportionment plans.--

  3         (6)  RESIDENTIAL PROPERTY AND CASUALTY JOINT

  4  UNDERWRITING ASSOCIATION.--

  5         (n)1.  The following records of the Residential

  6  Property and Casualty Joint Underwriting Association are

  7  confidential and exempt from the provisions of s. 119.07(1)

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

  9         a.  Underwriting files, except that a policyholder or

10  an applicant shall have access to his or her own underwriting

11  files.

12         b.  Claims files, until termination of all litigation

13  and settlement of all claims arising out of the same incident,

14  although portions of the claims files may remain exempt, as

15  otherwise provided by law. Confidential and exempt claims file

16  records may be released to other governmental agencies upon

17  written request and demonstration of need; such records held

18  by the receiving agency remain confidential and exempt as

19  provided for herein.

20         c.  Records obtained or generated by an internal

21  auditor pursuant to a routine audit, until the audit is

22  completed, or if the audit is conducted as part of an

23  investigation, until the investigation is closed or ceases to

24  be active.  An investigation is considered "active" while the

25  investigation is being conducted with a reasonable, good faith

26  belief that it could lead to the filing of administrative,

27  civil, or criminal proceedings.

28         d.  Matters reasonably encompassed in privileged

29  attorney-client communications.

30         e.  Proprietary information licensed to the association

31  under contract and the contract provides for the

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  1  confidentiality of such proprietary information.

  2         f.  All information relating to the medical condition

  3  or medical status of an association employee which is not

  4  relevant to the employee's capacity to perform his or her

  5  duties, except as otherwise provided in this paragraph.

  6  Information which is exempt shall include, but is not limited

  7  to, information relating to workers' compensation, insurance

  8  benefits, and retirement or disability benefits.

  9         g.  Upon an employee's entrance into the employee

10  assistance program, a program to assist any employee who has a

11  behavioral or medical disorder, substance abuse problem, or

12  emotional difficulty which affects the employee's job

13  performance, all records relative to that participation shall

14  be confidential and exempt from the provisions of s. 119.07(1)

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

16  otherwise provided in s. 112.0455(11).

17         h.  Information relating to negotiations for financing,

18  reinsurance, depopulation, or contractual services, until the

19  conclusion of the negotiations.

20         i.  Minutes of closed meetings regarding underwriting

21  files, and minutes of closed meetings regarding an open claims

22  file until termination of all litigation and settlement of all

23  claims with regard to that claim, except that information

24  otherwise confidential or exempt by law will be redacted.

25

26  When an authorized insurer is considering underwriting a risk

27  insured by the association, relevant underwriting files and

28  confidential claims files may be released to the insurer

29  provided the insurer agrees in writing, notarized and under

30  oath, to maintain the confidentiality of such files.  When a

31  file is transferred to an insurer that file is no longer a

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  1  public record because it is not held by an agency subject to

  2  the provisions of the public records law. Underwriting files

  3  and confidential claims files may also be released to staff of

  4  and the board of governors of the market assistance plan

  5  established pursuant to s. 627.3515, who must retain the

  6  confidentiality of such files, except such files may be

  7  released to authorized insurers that are considering assuming

  8  the risks to which the files apply, provided the insurer

  9  agrees in writing, notarized and under oath, to maintain the

10  confidentiality of such files.  Finally, the association or

11  the board or staff of the market assistance plan may make the

12  following information obtained from underwriting files and

13  confidential claims files available to licensed general lines

14  insurance agents: name, address, and telephone number of the

15  residential property owner or insured; location of the risk;

16  rating information; loss history; and policy type.  The

17  receiving licensed general lines insurance agent must retain

18  the confidentiality of the information received.

19         2.  Portions of meetings of the Residential Property

20  and Casualty Joint Underwriting Association are exempt from

21  the provisions of s. 286.011 and s. 24(b), Art. I of the State

22  Constitution wherein confidential underwriting files or

23  confidential open claims files are discussed.  All portions of

24  association meetings which are closed to the public shall be

25  recorded by a court reporter.  The court reporter shall record

26  the times of commencement and termination of the meeting, all

27  discussion and proceedings, the names of all persons present

28  at any time, and the names of all persons speaking.  No

29  portion of any closed meeting shall be off the record.

30  Subject to the provisions hereof and s. 119.07(1)(b)-(d)

31  119.07(2)(a), the court reporter's notes of any closed meeting

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  1  shall be retained by the association for a minimum of 5 years.

  2  A copy of the transcript, less any exempt matters, of any

  3  closed meeting wherein claims are discussed shall become

  4  public as to individual claims after settlement of the claim.

  5         Section 52.  Subsection (1) of section 633.527, Florida

  6  Statutes, is amended to read:

  7         633.527  Records concerning applicant; extent of

  8  confidentiality.--

  9         (1)  Test material is made confidential by s.

10  119.07(6)(a) 119.07(3)(a). An applicant may waive in writing

11  the confidentiality of his or her examination answer sheet for

12  the purpose of discussion with the State Fire Marshal or his

13  or her staff.

14         Section 53.  Section 655.0321, Florida Statutes, is

15  amended to read:

16         655.0321  Restricted access to certain hearings,

17  proceedings, and related documents.--The department shall

18  consider the public purposes specified in s. 119.15(4)(b)

19  119.14(4)(b) and the provisions of s. 24, Art. I of the State

20  Constitution in determining whether the hearings and

21  proceedings conducted pursuant to s. 655.033 for the issuance

22  of cease and desist orders and s. 655.037 for the issuance of

23  suspension or removal orders shall be closed and exempt from

24  the provisions of s. 286.011, and whether related documents

25  shall be confidential and exempt from the provisions of s.

26  119.07(1).

27         Section 54.  Paragraph (m) of subsection (2) of section

28  668.50, Florida Statutes, is amended to read:

29         668.50  Uniform Electronic Transaction Act.--

30         (2)  DEFINITIONS.--As used in this section:

31         (m)  "Record" means information that is inscribed on a

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  1  tangible medium or that is stored in an electronic or other

  2  medium and is retrievable in perceivable form, including

  3  public records as defined in s. 119.011(11) 119.011(1).

  4         Section 55.  Subsection (1) of section 794.024, Florida

  5  Statutes, is amended to read:

  6         794.024  Unlawful to disclose identifying

  7  information.--

  8         (1)  A public employee or officer who has access to the

  9  photograph, name, or address of a person who is alleged to be

10  the victim of an offense described in this chapter, chapter

11  800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and

12  knowingly disclose it to a person who is not assisting in the

13  investigation or prosecution of the alleged offense or to any

14  person other than the defendant, the defendant's attorney, or

15  a person specified in an order entered by the court having

16  jurisdiction of the alleged offense, or to organizations

17  authorized to receive such information pursuant to s.

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

19         Section 56.  For the purpose of incorporating the

20  amendments to section 945.25, Florida Statutes, in a reference

21  thereto, paragraph (a) of subsection (2) of section 947.13,

22  Florida Statutes, is reenacted to read:

23         947.13  Powers and duties of commission.--

24         (2)(a)  The commission shall immediately examine

25  records of the department under s. 945.25, and any other

26  records which it obtains, and may make such other

27  investigations as may be necessary.

28         Section 57.  This act shall take effect July 1, 2002.

29

30

31

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  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page ,

  4  remove:

  5

  6  and insert:

  7         An act relating to public records; amending s.

  8         18.20, F.S.; removing photographic film

  9         reproductions of specified vouchers or checks

10         paid by the State Treasurer and preserved as

11         records of the office of the Treasurer from

12         classification as permanent records; amending

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

14         respect to public records; requiring that

15         governmental agencies provide data in a common

16         format; requiring governmental agencies to

17         consider certain factors in designing or

18         acquiring electronic recordkeeping systems;

19         providing certain restrictions with respect to

20         electronic recordkeeping systems and

21         proprietary software; requiring governmental

22         agencies to provide copies of public records

23         stored in electronic recordkeeping systems;

24         specifying circumstances under which the

25         financial, business, and membership records of

26         an organization are public records; amending s.

27         119.011, F.S.; providing definitions; repealing

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

29         to videotapes and video signals, records made

30         public by use of public funds, and penalties;

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

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  1         requirements for governmental agencies in

  2         maintaining and preserving public records;

  3         requiring the Division of Library and

  4         Information Services of the Department of State

  5         to adopt rules for retaining and disposing of

  6         public records; authorizing the division to

  7         provide for archiving certain noncurrent

  8         records; providing for the destruction of

  9         certain records and the continued maintenance

10         of certain records; providing for the

11         disposition of records at the end of an

12         official's term of office; requiring that a

13         custodian of public records demand delivery of

14         records held unlawfully; repealing ss. 119.031,

15         119.041, 119.05, 119.06, F.S., relating to the

16         retention and disposal of public records and

17         the delivery of records held unlawfully;

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

19         governing the inspection and copying of public

20         records; establishing fees for copying;

21         providing requirements for making photographs;

22         authorizing additional means of copying;

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

24         to requirements for making photographs of

25         public records and the licensing and sale of

26         copyrighted data-processing software; amending

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

28         governing the maintenance of public records in

29         an electronic recordkeeping system; repealing

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

31         electronic access to public records and the

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  1         program for records and information management

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

  3         F.S.; clarifying provisions with respect to

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

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

  6         provisions under which certain police reports

  7         may be exempt from the public records law;

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

  9         with respect to publication of the Florida

10         Administrative Code to provide that the

11         Department of State is required to compile and

12         publish the code through a continuous revision

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

14         procedure with respect to official custody of

15         records upon transfer of duties or

16         responsibilities between state agencies or

17         dissolution of a state agency; amending s.

18         328.15, F.S.; revising the classification of

19         records of notices and satisfaction of liens on

20         vessels maintained by the Department of Highway

21         Safety and Motor Vehicles; amending s.

22         372.5717, F.S.; revising the classification of

23         records of hunter safety certification cards

24         maintained by the Fish and Wildlife

25         Conservation Commission; amending s. 560.121,

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

27         retention for examination reports,

28         investigatory records, applications,

29         application records, and related information

30         compiled by the Department of Banking and

31         Finance under the Money Transmitters' Code;

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

  2         period of retention for specified reports filed

  3         by money transmitters with the Department of

  4         Banking and Finance under the Money

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

  6         decreasing and qualifying the period of

  7         retention for examination reports,

  8         investigatory records, applications,

  9         application records, and related information

10         compiled by the Department of Banking and

11         Finance under the Money Transmitters' Code;

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

13         Department of Insurance to maintain an

14         electronic recordkeeping system for specified

15         records, statements, reports, and documents;

16         eliminating a standard for the reproduction of

17         such records, statements, reports, and

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

19         that reproductions from an electronic

20         recordkeeping system of specified documents and

21         records of the Department of Insurance shall be

22         treated as originals for the purpose of their

23         admissibility in evidence; amending s. 633.527,

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

25         specified examination test questions, answer

26         sheets, and grades in the possession of the

27         Division of State Fire Marshal of the

28         Department of Insurance; amending s. 655.50,

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

30         of Banking and Finance to retain copies of

31         specified reports submitted by financial

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  1         institutions under the Florida Control of Money

  2         Laundering in Financial Institutions Act to

  3         provide that such reports or information

  4         contained therein which are known to be the

  5         subject of an existing criminal proceeding

  6         shall be retained in accordance with federal

  7         law; revising a requirement of the department

  8         to retain copies of specified records of

  9         exemption for a person exempt under the Florida

10         Control of Money Laundering in Financial

11         Institutions Act to provide that if such person

12         or the person's transactions are known to be

13         the subject of an existing criminal proceeding

14         the records shall be retained in accordance

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

16         requiring the Department of Corrections to

17         obtain and place in its official records

18         specified information on every person who may

19         be sentenced to supervision or incarceration

20         under the jurisdiction of the department;

21         eliminating a requirement of the department, in

22         its discretion, to obtain and place in its

23         permanent records specified information on

24         persons placed on probation and on persons who

25         may become subject to pardon and commutation of

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

27         the classification of specified medical files

28         of serious or habitual juvenile offenders;

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

30         requires the Department of Revenue to keep a

31         permanent record of the amounts of refunds

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

  2         requires that such records shall be open to

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

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

  5         Department of Management Services to photograph

  6         and reduce to microfilm as a permanent record

  7         its ledger sheets showing the salaries and

  8         contributions of members of the Teachers'

  9         Retirement System of Florida, the records of

10         deceased members of the system, and the

11         authority to destroy the documents from which

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

13         eliminating a procedure by which permission may

14         be obtained from the Department of Agriculture

15         and Consumer Services to cut seed trees;

16         amending ss. 15.09(5)(a), 23.22(1)(f),

17         101.5607(1)(d), 112.533(2)(b), 231.291(2)(e),

18         257.34(1), 257.35(1), 282.21, 287.0943(2)(h),

19         320.05(1), 322.20(8), 338.223(2)(b),

20         378.406(1)(a), 400.0077(c)(1), 401.27(5),

21         403.111(1), 409.2577, 455.219(6), 456.025(11),

22         627.311(3)(l), 627.351(6)(n), 633.527(1),

23         655.0321, 668.50(2)(m), and 794.024(1), making

24         cross reference changes; amending ss. 655.0321

25         and 27.151(2); amending and adding cross

26         references; republishing s. 947.13; providing

27         an effective date.

28

29

30

31

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Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2020 State of Florida.