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sb0274e1615819 CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

    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  Representative(s) Trovillion 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

                                  1

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

    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

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

23  extent feasible.  If an agency provides access to public

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

25  provided in the most cost-effective and efficient manner

26  available to the agency providing the information.

27         (2)(3)(a)  The Legislature finds that providing access

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

29  of 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

                                  2

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

    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 trade

16  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,

                                  3

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

    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         (3)  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

                                  4

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

    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)(3)(f).

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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

  7  may order that certain information required by law or agency

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

  9  confidential manner and exempt from the provisions of s.

10  119.07(1) until released at trial if it is found that the

11  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

                                  6

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

    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 data

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

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

31  maintenance routines, applications, and computer networking

                                  7

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  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 requirements 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. 282.0041(7).

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,

                                  8

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

    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 under 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.

                                  9

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1         (2)(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         (3)  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

                                  10

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

    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         (4)(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, as

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

23  read:

24         119.07  Inspection, examination, and copying

25  duplication of records; fees; exemptions.--

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

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

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

29  reasonable conditions, and under supervision by the custodian

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

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

                                  11

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

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

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

  4  validly applies, and such person shall produce the remainder

  5  of such record for inspection and copying.

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

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

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

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

10  including the statutory citation to an exemption created or

11  afforded by statute.

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

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

14  in writing and with particularity the reasons for the

15  conclusion that the record is exempt.

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

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

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

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

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

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

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

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

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

25  asserted exemption is not applicable, it shall order the

26  public record or part thereof in question to be immediately

27  produced for inspection or copying as requested by the person

28  seeking such access.

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

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

31  subject to public inspection or copying under this subsection,

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

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

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

  4  otherwise made to the custodian of public records by the

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

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

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

  8  custodian of public records may not dispose of the record

  9  except by order of a court of competent jurisdiction after

10  notice to all affected parties.

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

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

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

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

15  to public inspection and copying under this subsection and

16  does not otherwise excuse or exonerate the custodian of public

17  records from any unauthorized or unlawful disposition of such

18  record.

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

20  public records for the purpose of making photographs of the

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

22  custodian of public records.

23         (b)  This subsection applies to the making of

24  photographs in the conventional sense by use of a camera

25  device to capture images of public records but excludes the

26  duplication of microfilm in the possession of the clerk of the

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

28  available by the clerk.

29         (c)  Photographing public records shall be done under

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

31  adopt and enforce reasonable rules governing the work.

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

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

  3  judgment of the custodian of public records, this is

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

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

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

  7  custodian of public records. Where provision of another room

  8  or place for photographing is required, the expense of

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

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

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

12  public records, a custodian of public records may provide

13  access to public records by remote electronic means, provided

14  confidential or exempt information is not disclosed.

15         (b)  The custodian of public records shall provide

16  safeguards to protect the contents of public records from

17  unauthorized remote electronic access or alteration and to

18  prevent the disclosure or modification of those portions of

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

20  Art. I of the State Constitution.

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

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

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

24  may include the direct and indirect costs of providing such

25  access. Fees for remote electronic access provided to the

26  general public shall be in accordance with the provisions of

27  this section.

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

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

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

31  following fees are authorized:

                                  14

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

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

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

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

  5  15 cents per one-sided copy, and

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

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

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

  9  duplicated copy.  For purposes of this section, duplicated

10  copies shall mean new copies produced by duplicating, as

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

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

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

14  cost associated with such duplication.  However,

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

16  photographs supplied by county constitutional officers may

17  also include a reasonable charge for the labor and overhead

18  associated with their duplication.  Unless otherwise provided

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

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

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

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

23  certified copy of a public record.

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

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

26  this subsection is such as to require extensive use of

27  information technology resources or extensive clerical or

28  supervisory assistance by personnel of the agency involved, or

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

30  duplication, a special service charge, which shall be

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

                                  15

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  extensive use of information technology resources or the labor

  2  cost of the personnel providing the service that is actually

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

  4  clerical and supervisory assistance required, or both.

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

  6  necessary to photograph public records, the expense of

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

  8  photograph the public records.

  9         2.  The custodian of public records may charge the

10  person making the photographs for supervision services at a

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

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

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

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

15  "Information technology resources" means data processing

16  hardware and software and services, communications, supplies,

17  personnel, facility resources, maintenance, and training.

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

19  for inspection or examination, no persons other than the

20  supervisor of elections or the supervisor's employees shall

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

22  reasonable effort to notify all candidates by telephone or

23  otherwise of the time and place of the inspection or

24  examination. All such candidates, or their representatives,

25  shall be allowed to be present during the inspection or

26  examination.

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

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

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

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

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

                                  16

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  exemption has been asserted and validly applies, and such

  2  person shall produce the remainder of such record for

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

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

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

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

  7  applicable to the record, including the statutory citation to

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

  9  by the person seeking the right under this subsection to

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

11  writing and with particularity the reasons for the conclusion

12  that the record is exempt.

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

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

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

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

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

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

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

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

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

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

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

24  immediately produced for inspection, examination, or copying

25  as requested by the person seeking such access.

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

27  public record that a requested record is not a public record

28  subject to public inspection and examination under subsection

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

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

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

                                  17

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

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

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

  4  provisions of this section with respect to the requested

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

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

  7  all affected parties.

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

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

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

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

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

13  excuse or exonerate the custodian from any unauthorized or

14  unlawful disposition of such record.

15         (6)(3)(a)  Examination questions and answer sheets of

16  examinations administered by a governmental agency for the

17  purpose of licensure, certification, or employment are exempt

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

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

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

21  completed examination.

22         (b)1.  Active criminal intelligence information and

23  active criminal investigative information are exempt from the

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

25  Constitution.

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

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

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

29  that would identify the public record that was requested by

30  the law enforcement agency or provided by the custodian are

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

                                  18

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

  2  the information constitutes criminal intelligence

  3  criminal-intelligence information or criminal investigative

  4  criminal-investigative information that is active. This

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

  6  Legislature that the exemption be applied to requests for

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

  8  of this subparagraph. The law enforcement agency shall give

  9  notice to the custodial agency when the criminal intelligence

10  criminal-intelligence information or criminal investigative

11  criminal-investigative information is no longer active, so

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

13  that would identify the public record requested are available

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

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

16  119.15 and shall stand repealed October 2, 2007, unless

17  reviewed and saved from repeal through reenactment by the

18  Legislature.

19         (c)  Any information revealing the identity of a

20  confidential informant or a confidential source is exempt from

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

22  State Constitution.

23         (d)  Any information revealing surveillance techniques

24  or procedures or personnel is exempt from the provisions of

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

26  Any comprehensive inventory of state and local law enforcement

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

28  comprehensive policies or plans compiled by a criminal justice

29  agency pertaining to the mobilization, deployment, or tactical

30  operations involved in responding to emergencies, as defined

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

                                  19

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

  2  unavailable for inspection, except by personnel authorized by

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

  4  Governor, the Department of Legal Affairs, the Department of

  5  Law Enforcement, or the Department of Community Affairs as

  6  having an official need for access to the inventory or

  7  comprehensive policies or plans.

  8         (e)  Any information revealing undercover personnel of

  9  any criminal justice agency is exempt from the provisions of

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

11         (f)  Any criminal intelligence information or criminal

12  investigative information including the photograph, name,

13  address, or other fact or information which reveals the

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

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

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

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

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

19  defined by chapter 827 and any criminal intelligence

20  information or criminal investigative information or other

21  criminal record, including those portions of court records and

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

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

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

25  827, is exempt from the provisions of subsection (1) and s.

26  24(a), Art. I of the State Constitution.

27         (g)  Any criminal intelligence information or criminal

28  investigative information which reveals the personal assets of

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

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

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

                                  20

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  Constitution.

  2         (h)  All criminal intelligence and criminal

  3  investigative information received by a criminal justice

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

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

  6  Constitution.

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

  8  security numbers, and photographs of active or former law

  9  enforcement personnel, including correctional and correctional

10  probation officers, personnel of the Department of Children

11  and Family Services whose duties include the investigation of

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

13  activities, personnel of the Department of Health whose duties

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

15  and personnel of the Department of Revenue or local

16  governments whose responsibilities include revenue collection

17  and enforcement or child support enforcement; the home

18  addresses, telephone numbers, social security numbers,

19  photographs, and places of employment of the spouses and

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

21  schools and day care facilities attended by the children of

22  such personnel are exempt from the provisions of subsection

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

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

25  addresses, telephone numbers, photographs, and places of

26  employment of the spouses and children of such firefighters;

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

28  attended by the children of such firefighters are exempt from

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

30  justices of the Supreme Court, district court of appeal

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

                                  21

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

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

  3  and locations of schools and day care facilities attended by

  4  the children of justices and judges are exempt from the

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

  6  numbers, social security numbers, and photographs of current

  7  or former state attorneys, assistant state attorneys,

  8  statewide prosecutors, or assistant statewide prosecutors; the

  9  home addresses, telephone numbers, social security numbers,

10  photographs, and places of employment of the spouses and

11  children of current or former state attorneys, assistant state

12  attorneys, statewide prosecutors, or assistant statewide

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

14  care facilities attended by the children of current or former

15  state attorneys, assistant state attorneys, statewide

16  prosecutors, or assistant statewide prosecutors are exempt

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

18  Constitution.

19         2.  The home addresses, telephone numbers, social

20  security numbers, and photographs of current or former human

21  resource, labor relations, or employee relations directors,

22  assistant directors, managers, or assistant managers of any

23  local government agency or water management district whose

24  duties include hiring and firing employees, labor contract

25  negotiation, administration, or other personnel-related

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

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

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

29  locations of schools and day care facilities attended by the

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

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

                                  22

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

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

  3  2, 2006, unless reviewed and saved from repeal through

  4  reenactment by the Legislature.

  5         3.  The home addresses, telephone numbers, social

  6  security numbers, and photographs of current or former code

  7  enforcement officers; the names, home addresses, telephone

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

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

10  the names and locations of schools and day care facilities

11  attended by the children of such persons are exempt from

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

13  This subparagraph is subject to the Open Government Sunset

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

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

16  from repeal through reenactment by the Legislature.

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

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

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

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

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

22  maintain the exempt status confidentiality of the personal

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

24  other person, or employing agency of the designated employee

25  submits a written request for maintenance of the exemption

26  confidentiality to the custodial agency.

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

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

29  state for the purpose of forming ridesharing arrangements,

30  which information reveals the identity of an individual who

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

                                  23

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

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

  3         (k)  Any information revealing the substance of a

  4  confession of a person arrested is exempt from the provisions

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

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

  7  determined by adjudication, dismissal, or other final

  8  disposition.

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

10  attorney (including an attorney employed or retained by the

11  agency or employed or retained by another public officer or

12  agency to protect or represent the interests of the agency

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

14  express direction, which reflects a mental impression,

15  conclusion, litigation strategy, or legal theory of the

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

17  civil or criminal litigation or for adversarial administrative

18  proceedings, or which was prepared in anticipation of imminent

19  civil or criminal litigation or imminent adversarial

20  administrative proceedings, is exempt from the provisions of

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

22  until the conclusion of the litigation or adversarial

23  administrative proceedings. For purposes of capital collateral

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

25  office is entitled to claim this exemption for those public

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

27  collateral litigation after direct appeal until execution of

28  sentence or imposition of a life sentence.

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

30  public record to another public employee or officer of the

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

                                  24

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  When asserting the right to withhold a public record pursuant

  2  to this paragraph, the agency shall identify the potential

  3  parties to any such criminal or civil litigation or

  4  adversarial administrative proceedings.  If a court finds that

  5  the document or other record has been improperly withheld

  6  under this paragraph, the party seeking access to such

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

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

  9  court.

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

11  pursuant to invitations to bid or requests for proposals are

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

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

14  provides notice of a decision or intended decision pursuant to

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

16  opening, whichever is earlier.

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

18  government seeks to acquire real property by purchase or

19  through the exercise of the power of eminent domain all

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

21  counteroffers must be in writing and are exempt from the

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

23  Constitution until execution of a valid option contract or a

24  written offer to sell that has been conditionally accepted by

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

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

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

28  agency may give conditional acceptance to any option or offer

29  subject only to final acceptance by the agency after the

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

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

                                  25

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

  2  of this chapter shall expire at the conclusion of the

  3  condemnation litigation of the subject property. An agency of

  4  the executive branch may exempt title information, including

  5  names and addresses of property owners whose property is

  6  subject to acquisition by purchase or through the exercise of

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

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

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

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

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

12  branch of state government to purchase real property subject

13  to final agency approval.  This paragraph shall have no

14  application to other exemptions from the provisions of

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

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

17  thereof.

18         (o)  Data processing software obtained by an agency

19  under a licensing agreement which prohibits its disclosure and

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

21  and agency-produced data processing software which is

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

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

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

25  agency head from sharing or exchanging such software with

26  another public agency.  As used in this paragraph:

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

28  routines used to employ and control the capabilities of data

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

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

31  maintenance routines, applications, and computer networking

                                  26

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  programs.

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

  3  processing software, including the specifications and

  4  documentation, used to:

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

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

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

  8  management information of the agency, such as payroll and

  9  accounting records; or

10         c.  Control and direct access authorizations and

11  security measures for automated systems.

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

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

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

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

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

17  financing of housing are exempt from the provisions of

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

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

20  investigation of the complaint becomes inactive, or the

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

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

23  affect any function or activity of the Florida Commission on

24  Human Relations.  Any state or federal agency which is

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

26  provision of law shall be granted such access in the

27  furtherance of such agency's statutory duties, notwithstanding

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

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

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

31  any agency in the executive branch of state government which

                                  27

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  relate to a complaint of discrimination relating to race,

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

  3  marital status in connection with hiring practices, position

  4  classifications, salary, benefits, discipline, discharge,

  5  employee performance, evaluation, or other related activities

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

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

  8  relating to probable cause, the investigation of the complaint

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

10  part of the official record of any hearing or court

11  proceeding.  This provision shall not affect any function or

12  activity of the Florida Commission on Human Relations.  Any

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

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

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

16  statutory duties, notwithstanding the provisions of this

17  section.

18         (r)  All records supplied by a telecommunications

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

20  governmental agency which contain the name, address, and

21  telephone number of subscribers are confidential and exempt

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

23  the State Constitution.

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

25  employment telephone number, home or employment address, or

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

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

28  any agency that regularly receives information from or

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

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

31  Constitution. Any information not otherwise held confidential

                                  28

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

  2  the home or employment telephone number, home or employment

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

  4  victim of sexual battery, aggravated child abuse, aggravated

  5  stalking, harassment, aggravated battery, or domestic violence

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

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

  8  victim, which must include official verification that an

  9  applicable crime has occurred.  Such information shall cease

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

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

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

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

14  duties, notwithstanding the provisions of this section.

15         2.  Any information in a videotaped statement of a

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

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

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

19  847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which

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

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

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

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

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

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

26  described in this subparagraph, is confidential and exempt

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

28  Constitution. Any governmental agency that is authorized to

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

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

31  statutory duties, notwithstanding the provisions of this

                                  29

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  section.  This subparagraph is subject to the Open Government

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

  3  shall stand repealed on October 2, 2003.

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

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

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

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

  8  827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or

  9  s. 847.0145, may not willfully and knowingly disclose

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

11  person who is not assisting in the investigation or

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

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

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

15  alleged offense.

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

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

18  775.082 or s. 775.083.

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

20  prospective bidder to submit in order to prequalify for

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

22  other public works project is exempt from the provisions of

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

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

25  complaint and requests that records of the complaint remain

26  confidential, all records relating to an allegation of

27  employment discrimination are confidential and exempt from the

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

29  Constitution.

30         (v)  Medical information pertaining to a prospective,

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

                                  30

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  disclosed, would identify that officer or employee is exempt

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

  3  the State Constitution. However, such information may be

  4  disclosed if the person to whom the information pertains or

  5  the person's legal representative provides written permission

  6  or pursuant to court order.

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

  8  investigatory record of the Chief Inspector General within the

  9  Executive Office of the Governor or of the employee designated

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

11  112.3189 is exempt from the provisions of subsection (1) and

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

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

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

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

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

17  Investigatory records are those records which are related to

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

19  other wrongdoing, with respect to an identifiable person or

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

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

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

23  investigation.  An investigation is active if it is continuing

24  with a reasonable, good faith anticipation of resolution and

25  with reasonable dispatch.

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

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

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

29  such investigatory records require an exemption to protect the

30  integrity of the investigation or avoid unwarranted damage to

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

                                  31

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  shall specify the nature and purpose of the investigation and

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

  3  records are made public.

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

  5  whistle-blower investigations conducted pursuant to the

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

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

  8  former agency employees which numbers are contained in agency

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

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

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

12  in s. 119.011.

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

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

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

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

17  municipality, special district, local agency, authority,

18  consolidated city-county government, or any other local

19  governmental body or public body corporate or politic

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

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

22  of local government.  Audit workpapers and notes related to

23  such audit report are confidential and exempt from the

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

25  Constitution until the audit is completed and the audit report

26  becomes final.

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

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

29  any fee or debt owing are confidential and exempt from

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

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

                                  32

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  any administrative or judicial proceeding, provided such

  2  numbers are kept confidential and exempt, unless otherwise

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

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

  5  119.15, and shall stand repealed on October 2, 2001, unless

  6  reviewed and saved from repeal through reenactment by the

  7  Legislature.

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

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

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

11  commodity, or tangible personal property to any customer or

12  prospective customer shall be exempt from the provisions of

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

14  This exemption commences when a municipal utility identifies

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

16  exemption no longer applies when the contract for sale,

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

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

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

20  active consideration. The exemption in this paragraph includes

21  the bid documents actually furnished in response to the

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

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

24  customer or prospective customer.

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

26  the Department of Highway Safety and Motor Vehicles, personal

27  information contained in a motor vehicle record that

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

29  24(a), Art. I of the State Constitution except as provided in

30  this paragraph.  Personal information includes, but is not

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

                                  33

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  identification number, name, address, telephone number, and

  2  medical or disability information.  For purposes of this

  3  paragraph, personal information does not include information

  4  relating to vehicular crashes, driving violations, and

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

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

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

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

  9  vehicle title, motor vehicle registration, or identification

10  card issued by the Department of Highway Safety and Motor

11  Vehicles.  Personal information contained in motor vehicle

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

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

14  following uses:

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

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

17  vehicle product alterations, recalls, or advisories;

18  performance monitoring of motor vehicles and dealers by motor

19  vehicle manufacturers; and removal of nonowner records from

20  the original owner records of motor vehicle manufacturers, to

21  carry out the purposes of the Automobile Information

22  Disclosure Act, the Motor Vehicle Information and Cost Saving

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

24  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

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

26  court or law enforcement agency, in carrying out its

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

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

29  functions.

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

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

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  vehicle product alterations, recalls, or advisories;

  2  performance monitoring of motor vehicles, motor vehicle parts,

  3  and dealers; motor vehicle market research activities,

  4  including survey research; and removal of nonowner records

  5  from the original owner records of motor vehicle

  6  manufacturers.

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

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

  9  but only:

10         a.  To verify the accuracy of personal information

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

12  employees, or contractors; and

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

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

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

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

17  interest against, the individual.

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

19  administrative, or arbitral proceeding in any court or agency

20  or before any self-regulatory body for:

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

22  special process server, or other person authorized to serve

23  process in this state.

24         b.  Investigation in anticipation of litigation by an

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

26  of the attorney.

27         c.  Investigation by any person in connection with any

28  filed proceeding.

29         d.  Execution or enforcement of judgments and orders.

30         e.  Compliance with an order of any court.

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

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  producing statistical reports, so long as the personal

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

  3  individuals.

  4         7.  For use by any insurer or insurance support

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

  6  employees, or contractors, in connection with claims

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

  8  underwriting.

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

10  or impounded vehicles.

11         9.  For use by any licensed private investigative

12  agency or licensed security service for any purpose permitted

13  under this paragraph. Personal information obtained based on

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

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

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

17  of the investigation.

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

19  obtain or verify information relating to a holder of a

20  commercial driver's license that is required under the

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

22  2710 et seq.

23         11.  For use in connection with the operation of

24  private toll transportation facilities.

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

26  solicitations when the department has implemented methods and

27  procedures to ensure that:

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

29  and conspicuous manner, to prohibit such uses; and

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

31  solely for bulk distribution for survey, marketing, and

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  solicitations, and that surveys, marketing, and solicitations

  2  will not be directed at those individuals who have timely

  3  requested that they not be directed at them.

  4         13.  For any use if the requesting person demonstrates

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

  6  who is the subject of the motor vehicle record.

  7         14.  For any other use specifically authorized by state

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

  9  vehicle or public safety.

10

11  Personal information exempted from public disclosure according

12  to this paragraph may be disclosed by the Department of

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

14  corporation, or similar business entity whose primary business

15  interest is to resell or redisclose the personal information

16  to persons who are authorized to receive such information.

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

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

19  must first enter into a contract with the department regarding

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

21  ensure compliance with the federal Driver's Privacy Protection

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

23  of personal information contained in a motor vehicle record,

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

25  the Department of Highway Safety and Motor Vehicles to resell

26  or redisclose the information for any use permitted under this

27  paragraph. However, only authorized recipients of personal

28  information under subparagraph 12. may resell or redisclose

29  personal information pursuant to subparagraph 12. Any

30  authorized recipient who resells or rediscloses personal

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

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  identifying each person or entity that receives the personal

  2  information and the permitted purpose for which it will be

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

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

  5  carry out the purposes of this paragraph and the federal

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

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

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

  9  personal information pursuant to this paragraph, shall require

10  the meeting of conditions by the requesting person for the

11  purposes of obtaining reasonable assurance concerning the

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

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

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

15  personal information has been obtained.  Such conditions may

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

17  a written application in such form and containing such

18  information and certification requirements as the department

19  requires.

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

21  numbers, credit card numbers, telephone numbers, and

22  information related to health or property insurance furnished

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

24  local housing assistance programs are confidential and exempt

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

26  the State Constitution. Any other information produced or

27  received by any private or public entity in direct connection

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

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

30  subject to subsection (1).

31         2.  Governmental agencies or their agents are entitled

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

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

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

  4  agency, as needed, in any administrative or judicial

  5  proceeding, provided such records are kept confidential and

  6  exempt, unless otherwise ordered by a court.

  7         3.  This paragraph is repealed effective October 2,

  8  2003, and must be reviewed by the Legislature before that date

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

10  Review Act of 1995.

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

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

13  contained in records relating to an individual's personal

14  health or eligibility for health-related services made or

15  received by the Department of Health or its service providers

16  are confidential and exempt from the provisions of subsection

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

18  otherwise provided in this paragraph.  Information made

19  confidential and exempt by this paragraph shall be disclosed:

20         1.  With the express written consent of the individual

21  or the individual's legally authorized representative.

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

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

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

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

26  the records or data pursuant to a research protocol approved

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

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

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

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

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

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

  2  been approved by a human studies institutional review board,

  3  does not plan for the destruction of confidential records

  4  after the research is concluded, is administratively

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

  6  must restrict the release of any information, which would

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

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

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

10  issued pursuant to this subparagraph remain the property of

11  the department.

12

13  This paragraph is subject to the Open Government Sunset Review

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

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

16  repeal through reenactment by the Legislature.

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

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

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

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

21         (7)(4)  Nothing in this section shall be construed to

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

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

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

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

26  information or records which may reveal the identity of a

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

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

29         (8)(5)  An exemption from this section does not imply

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

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

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1         (9)(6)  Nothing in subsection (6) (3) or any other

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

  3  General, the Office of Program Policy Analysis and Government

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

  5  board of community college, school district, or special

  6  district internal auditor to public records when such person

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

  8  authorized audit, examination, or investigation. Such person

  9  shall maintain the confidential or exempt status

10  confidentiality of a any public record records that is are

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

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

13  custodians of that record those public records for public

14  disclosure of such record violating confidentiality.

15         (10)(7)(a)  Any person or organization, including the

16  Department of Children and Family Services, may petition the

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

18  of Children and Family Services that pertain to investigations

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

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

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

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

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

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

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

26  the privacy right of other persons identified in the reports

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

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

29  need for citizens to know of and adequately evaluate the

30  actions of the Department of Children and Family Services and

31  the court system in providing vulnerable adults and children

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

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

  3  39.202 and 415.107, which protect the name of any person

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

  5  vulnerable adult.

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

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

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

  9  immediate public release of records of the department which

10  pertain to the protective investigation. The petition must be

11  personally served upon the child or vulnerable adult, the

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

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

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

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

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

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

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

19  court has neither granted nor denied the petition within the

20  24-hour time period, the department may release to the public

21  summary information including:

22         1.  A confirmation that an investigation has been

23  conducted concerning the alleged victim.

24         2.  The dates and brief description of procedural

25  activities undertaken during the department's investigation.

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

27  each participant's recommendations made at the judicial

28  proceedings, and the rulings of the court.

29

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

31  identifying information with respect to, any person identified

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  in any investigation. In making a determination to release

  2  confidential information, the court shall balance the best

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

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

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

  6  other persons identified in the reports against the public

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

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

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

10  of a child or a vulnerable adult.

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

12  public access exists, the court shall direct that the

13  department redact the name of and other identifying

14  information with respect to any person identified in any

15  protective investigation report until such time as the court

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

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

18  abandonment.

19         (11)(8)  The provisions of this section are not

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

21  Florida Rules of Criminal Procedure, regarding the right and

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

23  criminal prosecution or in collateral postconviction

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

25  the basis for failing to timely litigate any postconviction

26  action.

27         Section 8.  Sections 119.08 and 119.083, Florida

28  Statutes, are repealed.

29         Section 9.  Section 119.084, Florida Statutes, is

30  amended to read:

31         119.084  Definitions; copyright of data processing

                                  43

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  software created by governmental agencies; sale price and

  2  licensing fee; access to public records; prohibited

  3  contracts.--

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

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

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

  7  person, partnership, corporation, or business entity.

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

  9  routines used to employ and control the capabilities of data

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

11  systems, compilers, assemblers, utilities, library routines,

12  maintenance routines, applications, and computer networking

13  programs.

14         (c)  "Proprietary software" means data processing

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

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

17  copyrights for data processing software created by the agency

18  and to enforce its rights pertaining to such copyrights,

19  provided that the agency complies with the requirements of

20  this section.

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

22  processing software created by the agency may sell or license

23  the copyrighted data processing software to any public agency

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

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

26  Proceeds from the sale or licensing of copyrighted data

27  processing software shall be deposited by the agency into a

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

29  purposes.  Counties, municipalities, and other political

30  subdivisions of the state may designate how such sale and

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

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  and the fee for the licensing of copyrighted data processing

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

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

  4  processing software to an individual or entity solely for

  5  application to information maintained or generated by the

  6  agency that created the copyrighted data processing software

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

  8         (b)  The provisions of this subsection are supplemental

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

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

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

12  secret laws and public records exemptions, agency use of

13  proprietary software must not diminish the right of the public

14  to inspect and copy a public record.

15         (4)  An agency must consider when designing or

16  acquiring an electronic recordkeeping system that such system

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

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

19  Interchange.

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

21  electronic recordkeeping system shall provide to any person,

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

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

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

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

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

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

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

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

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

31  information not routinely developed or maintained by the

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  agency or that requires a substantial amount of manipulation

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

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

  4  creation or maintenance of a public records database if that

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

  6  the public records of that agency, including public records

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

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

  9  impediment that as a practical matter makes it more difficult

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

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

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

13  costs charged by the agency.

14         (3)(7)  This section is subject to the Open Government

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

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

17  saved from repeal through reenactment by the Legislature.

18         Section 10.  Sections 119.085 and 119.09, Florida

19  Statutes, are repealed.

20         Section 11.  Section 119.10, Florida Statutes, is

21  amended to read:

22         119.10  Violation of chapter; penalties.--

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

24  this chapter is guilty of a noncriminal infraction, punishable

25  by fine not exceeding $500.

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

27  violating

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

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

30  provided in s. 775.082 or s. 775.083.

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

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    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

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

  3  775.084.

  4         Section 12.  Section 119.105, Florida Statutes, is

  5  amended to read:

  6         119.105  Protection of victims of crimes or

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

  8  otherwise made exempt or confidential by general or special

  9  law. Every person is allowed to examine nonexempt or

10  nonconfidential police reports. No person who inspects or

11  copies police reports for the purpose of obtaining the names

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

13  any information contained therein for any commercial

14  solicitation of the victims or relatives of the victims of the

15  reported crimes or accidents. Nothing herein shall prohibit

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

17  use of such information for any other data collection or

18  analysis purposes.

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

20  120.55, Florida Statutes, is amended to read:

21         120.55  Publication.--

22         (1)  The Department of State shall:

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

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

25  Administrative Code shall contain Publish in a permanent

26  compilation entitled "Florida Administrative Code" all rules

27  adopted by each agency, citing the specific rulemaking

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

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

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

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

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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

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

  3  however, the department shall retain responsibility for the

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

  5  the official compilation of the administrative rules of this

  6  state.  The Department of State shall retain the copyright

  7  over the Florida Administrative Code.

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

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

10  part thereof, or university rules relating to internal

11  personnel or business and finance shall not be published in

12  the Florida Administrative Code. Exclusion from publication in

13  the Florida Administrative Code shall not affect the validity

14  or effectiveness of such rules.

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

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

17  department, the department shall publish the address and

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

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

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

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

22         4.  Forms shall not be published in the Florida

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

24  dealings with the public, along with any accompanying

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

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

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

28  reference into the appropriate rule.  The reference shall

29  specifically state that the form is being incorporated by

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

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

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  obtained.

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

  3  257.36, Florida Statutes, is amended to read:

  4         257.36  Records and information management.--

  5         (2)

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

  7  shall remain in the agency transferring such record to the

  8  division. When the Legislature transfers any duty or

  9  responsibility of an agency to another agency, the receiving

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

11  the public records associated with that transferred duty or

12  responsibility, and shall be responsible for the records

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

14  dissolved and the legislation dissolving that agency does not

15  assign an existing agency as the custodian of public records

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

17  custodian of public records for the dissolved agency, unless

18  the Cabinet otherwise designates a custodian. The Cabinet or

19  the agency designated by the Cabinet shall be responsible for

20  the records storage service charges of the division.

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

22  Statutes, is amended to read:

23         328.15  Notice of lien on vessel; recording.--

24         (5)  The Department of Highway Safety and Motor

25  Vehicles shall make such rules and regulations as it deems

26  necessary or proper for the effective administration of this

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

28  satisfaction of a lien be notarized. The department shall

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

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

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

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  satisfactions and shall keep a permanent record of such

  2  notices of lien and satisfactions available for inspection by

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

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

  5  $1, which certified copies shall be admissible in evidence in

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

  7  same effect as certified copies of other public records.

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

  9  Florida Statutes, is amended to read:

10         372.5717  Hunter safety course; requirements;

11  penalty.--

12         (4)  The commission shall issue a permanent hunter

13  safety certification card to each person who successfully

14  completes the hunter safety course.  The commission shall

15  maintain permanent records of hunter safety certification

16  cards issued and shall establish procedures for replacing lost

17  or destroyed cards.

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

19  Statutes, is amended to read:

20         560.121  Records; limited restrictions upon public

21  access.--

22         (2)  Examination reports, investigatory records,

23  applications, and related information compiled by the

24  department, or photographic copies thereof, shall be retained

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

26  date that the examination or investigation ceases to be

27  active. Application records, and related information compiled

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

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

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

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

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  Statutes, is amended to read:

  2         560.123  Florida control of money laundering in the

  3  Money Transmitters' Code; reports of transactions involving

  4  currency or monetary instruments; when required; purpose;

  5  definitions; penalties; corpus delicti.--

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

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

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

  9  information contained in a report is known by the department

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

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

12  from the date of receipt.

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

14  Statutes, is amended to read:

15         560.129  Confidentiality.--

16         (5)  Examination reports, investigatory records,

17  applications, and related information compiled by the

18  department, or photographic copies thereof, shall be retained

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

20  date that the examination or investigation ceases to be

21  active. Application records, and related information compiled

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

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

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

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

26  Statutes, is amended to read:

27         624.311  Records; reproductions; destruction.--

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

29  reproduce on film, or maintain in an electronic recordkeeping

30  system whereby each page will be reproduced in exact

31  conformity with the original, all financial records, financial

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  statements of domestic insurers, reports of business

  2  transacted in this state by foreign insurers and alien

  3  insurers, reports of examination of domestic insurers, and

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

  5  may in its discretion select.

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

  7  Statutes, is amended to read:

  8         624.312  Reproductions and certified copies of records

  9  as evidence.--

10         (1)  Photographs or microphotographs in the form of

11  film or prints, or other reproductions from an electronic

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

13  624.311(3), or made under former s. 624.311(3) before October

14  1, 1982, shall have the same force and effect as the originals

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

16  their admissibility in evidence.  Duly certified or

17  authenticated reproductions of such photographs or

18  microphotographs or reproductions from an electronic

19  recordkeeping system shall be as admissible in evidence as the

20  originals.

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

22  Statutes, is amended to read:

23         633.527  Records concerning applicant; extent of

24  confidentiality.--

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

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

27  date of the examination.

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

29  Statutes, is amended to read:

30         655.50  Florida Control of Money Laundering in

31  Financial Institutions Act; reports of transactions involving

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  currency or monetary instruments; when required; purpose;

  2  definitions; penalties.--

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

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

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

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

  7  department to be the subject of an existing criminal

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

  9  calendar years after receipt of the report.

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

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

12  financial transactions, including all records required by 31

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

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

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

16  for a minimum of 5 calendar years after submission of the

17  report. However, if a report or information contained in a

18  report is known by the financial institution to be the subject

19  of an existing criminal proceeding, the report shall be

20  retained for a minimum of 10 calendar years after submission

21  of the report.

22         (c)(d)  The financial institution shall retain a copy

23  of all records of exemption for each designation of exempt

24  person made pursuant to subsection (6) for a minimum of 5

25  calendar years after termination of exempt status of such

26  customer. However, if it is known by the financial institution

27  that the customer or the transactions of the customer are the

28  subject of an existing criminal proceeding, the records shall

29  be retained for a minimum of 10 calendar years after

30  termination of exempt status of such customer.

31         Section 24.  Section 945.25, Florida Statutes, is

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  amended to read:

  2         945.25  Records.--

  3         (1)  It shall be the duty of the Department of

  4  Corrections to obtain and place in its permanent records

  5  information as complete as practicable may be practicably

  6  available on every person who may be sentenced to supervision

  7  or incarceration under the jurisdiction of the department

  8  become subject to parole.  Such information shall be obtained

  9  as soon as possible after imposition of sentence and shall, in

10  the discretion of the department, include, among other things:

11         (a)  A copy of the indictment or information and a

12  complete statement of the facts of the crime for which such

13  person has been sentenced.

14         (b)  The court in which the person was sentenced.

15         (c)  The terms of the sentence.

16         (d)  The name of the presiding judge, the prosecuting

17  officers, the investigating officers, and the attorneys for

18  the person convicted.

19         (e)  A copy of all probation reports which may have

20  been made.

21         (f)  Any social, physical, mental, psychiatric, or

22  criminal record of such person.

23         (2)  The department, in its discretion, shall also

24  obtain and place in its permanent records such information on

25  every person who may be placed on probation, and on every

26  person who may become subject to pardon and commutation of

27  sentence.

28         (2)(3)  It shall be the duty of the court and its

29  prosecuting officials to furnish to the department upon its

30  request such information and also to furnish such copies of

31  such minutes and other records as may be in their possession

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  or under their control.

  2         (3)(4)  Following the initial hearing provided for in

  3  s. 947.172(1), the commission shall prepare and the department

  4  shall include in the official record a copy of the

  5  seriousness-of-offense and favorable-parole-outcome scores and

  6  shall include a listing of the specific factors and

  7  information used in establishing a presumptive parole release

  8  date for the inmate.

  9         Section 25.  Paragraph (e) of subsection (4) of section

10  985.31, Florida Statutes, is amended to read:

11         985.31  Serious or habitual juvenile offender.--

12         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

13         (e)  The results of any serologic blood or urine test

14  on a serious or habitual juvenile offender shall become a part

15  of that child's permanent medical file. Upon transfer of the

16  child to any other designated treatment facility, such file

17  shall be transferred in an envelope marked confidential. The

18  results of any test designed to identify the human

19  immunodeficiency virus, or its antigen or antibody, shall be

20  accessible only to persons designated by rule of the

21  department. The provisions of such rule shall be consistent

22  with the guidelines established by the Centers for Disease

23  Control and Prevention.

24         Section 26.  Paragraph (d) of subsection (6) of section

25  212.095, Florida Statutes, is repealed.

26         Section 27.  Subsection (9) of section 238.03, Florida

27  Statutes, is repealed.

28         Section 28.  Section 591.34, Florida Statutes, is

29  repealed.

30         Section 29.  Paragraph (a) of subsection (5) of section

31  15.09, Florida Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1         15.09  Fees.--

  2         (5)(a)  There is created within the Department of State

  3  a Public Access Data Systems Trust Fund, which shall be used

  4  by the department to purchase information systems and

  5  equipment that provide greater public accessibility to the

  6  information and records maintained by it. Notwithstanding any

  7  other provision of law, the Divisions of Licensing, Elections,

  8  and Corporations of the department shall transfer each fiscal

  9  year to the Public Access Data Systems Trust Fund from their

10  respective trust funds:

11         1.  An amount equal to 2 percent of all revenues

12  received for the processing of documents, filings, or

13  information requests.

14         2.  All public access network revenues collected

15  pursuant to s. 15.16 or s. 119.01(2)(f) 119.085.

16         Section 30.  Paragraph (f) of subsection (1) of section

17  23.22, Florida Statutes, is amended to read:

18         23.22  Paperwork reduction; activities of

19  departments.--

20         (1)  In order to reduce the amount of paperwork

21  associated with the collection of information from

22  individuals, private-sector organizations, and local

23  governments and to provide more efficient and effective

24  assistance to such individuals and organizations in completing

25  necessary paperwork required by the government, each

26  department head shall, to the extent feasible:

27         (f)  Collaborate with the Division of Library and

28  Information Services, pursuant to s. 119.021(2)(d) 119.09, to

29  identify and index records retention requirements placed on

30  private-sector organizations and local governments in Florida,

31  clarify and reduce the requirements, and educate the affected

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  entities through various communications media, including

  2  voice, data, video, radio, and image.

  3         Section 31.  Subsection (2) of section 27.151, Florida

  4  Statutes, is amended to read:

  5         27.151  Confidentiality of specified executive orders;

  6  criteria.--

  7         (2)  The Governor shall consider the purposes specified

  8  in s. 119.15 and shall consider the provisions of s. 24, Art.

  9  I of the State Constitution when making The Governor shall

10  base his or her decision to make an executive order

11  confidential on the criteria set forth in s. 119.14.

12         Section 32.  Paragraph (d) of subsection (1) of section

13  101.5607, Florida Statutes, is amended to read:

14         101.5607  Department of State to maintain voting system

15  information; prepare software.--

16         (1)

17         (d)  Section 119.07(6)(3)(o) applies to all software on

18  file with the Department of State.

19         Section 33.  Paragraph (b) of subsection (2) of section

20  112.533, Florida Statutes, is amended to read:

21         112.533  Receipt and processing of complaints.--

22         (2)

23         (b)  This subsection does not apply to any public

24  record which is exempt from public disclosure pursuant to s.

25  119.07(6)(3). For the purposes of this subsection, an

26  investigation shall be considered active as long as it is

27  continuing with a reasonable, good faith anticipation that an

28  administrative finding will be made in the foreseeable future.

29  An investigation shall be presumed to be inactive if no

30  finding is made within 45 days after the complaint is filed.

31         Section 34.  Paragraph (e) of subsection (2) of section

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  231.291, Florida Statutes, is amended to read:

  2         231.291  Personnel files.--Public school system

  3  employee personnel files shall be maintained according to the

  4  following provisions:

  5         (2)

  6         (e)  Upon request, an employee, or any person

  7  designated in writing by the employee, shall be permitted to

  8  examine the personnel file of such employee.  The employee

  9  shall be permitted conveniently to reproduce any materials in

10  the file, at a cost no greater than the fees prescribed in s.

11  119.07(4)(1).

12         Section 35.  Subsection (1) of section 257.34, Florida

13  Statutes, is amended to read:

14         257.34  Florida International Archive and Repository.--

15         (1)  There is created within the Division of Library

16  and Information Services of the Department of State the

17  Florida International Archive and Repository for the

18  preservation of those public records, as defined in s.

19  119.011(11)(1), manuscripts, international judgments involving

20  disputes between domestic and foreign businesses, and all

21  other public matters that the department or the Florida

22  Council of International Development deems relevant to

23  international issues. It is the duty and responsibility of the

24  division to:

25         (a)  Organize and administer the Florida International

26  Archive and Repository.

27         (b)  Preserve and administer records that are

28  transferred to its custody; accept, arrange, and preserve

29  them, according to approved archival and repository practices;

30  and permit them, at reasonable times and under the supervision

31  of the division, to be inspected, examined, and copied. All

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  public records transferred to the custody of the division are

  2  subject to the provisions of s. 119.07(1).

  3         (c)  Assist the records and information management

  4  program in the determination of retention values for records.

  5         (d)  Cooperate with and assist, insofar as practicable,

  6  state institutions, departments, agencies, counties,

  7  municipalities, and individuals engaged in internationally

  8  related activities.

  9         (e)  Provide a public research room where, under rules

10  established by the division, the materials in the

11  international archive and repository may be studied.

12         (f)  Conduct, promote, and encourage research in

13  international trade, government, and culture and maintain a

14  program of information, assistance, coordination, and guidance

15  for public officials, educational institutions, libraries, the

16  scholarly community, and the general public engaged in such

17  research.

18         (g)  Cooperate with and, insofar as practicable, assist

19  agencies, libraries, institutions, and individuals in projects

20  concerned with internationally related issues and preserve

21  original materials relating to internationally related issues.

22         (h)  Assist and cooperate with the records and

23  information management program in the training and information

24  program described in s. 257.36(1)(g).

25         Section 36.  Subsection (1) of section 257.35, Florida

26  Statutes, is amended to read:

27         257.35  Florida State Archives.--

28         (1)  There is created within the Division of Library

29  and Information Services of the Department of State the

30  Florida State Archives for the preservation of those public

31  records, as defined in s. 119.011(11)(1), manuscripts, and

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  1  other archival material that have been determined by the

  2  division to have sufficient historical or other value to

  3  warrant their continued preservation and have been accepted by

  4  the division for deposit in its custody. It is the duty and

  5  responsibility of the division to:

  6         (a)  Organize and administer the Florida State

  7  Archives.

  8         (b)  Preserve and administer such records as shall be

  9  transferred to its custody; accept, arrange, and preserve

10  them, according to approved archival practices; and permit

11  them, at reasonable times and under the supervision of the

12  division, to be inspected, examined, and copied.  All public

13  records transferred to the custody of the division shall be

14  subject to the provisions of s. 119.07(1), except that any

15  public record or other record provided by law to be

16  confidential or prohibited from inspection by the public shall

17  be made accessible only after a period of 50 years from the

18  date of the creation of the record.  Any nonpublic manuscript

19  or other archival material which is placed in the keeping of

20  the division under special terms and conditions, shall be made

21  accessible only in accordance with such law terms and

22  conditions and shall be exempt from the provisions of s.

23  119.07(1) to the extent necessary to meet the terms and

24  conditions for a nonpublic manuscript or other archival

25  material.

26         (c)  Assist the records and information management

27  program in the determination of retention values for records.

28         (d)  Cooperate with and assist insofar as practicable

29  state institutions, departments, agencies, counties,

30  municipalities, and individuals engaged in activities in the

31  field of state archives, manuscripts, and history and accept

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  1  from any person any paper, book, record, or similar material

  2  which in the judgment of the division warrants preservation in

  3  the state archives.

  4         (e)  Provide a public research room where, under rules

  5  established by the division, the materials in the state

  6  archives may be studied.

  7         (f)  Conduct, promote, and encourage research in

  8  Florida history, government, and culture and maintain a

  9  program of information, assistance, coordination, and guidance

10  for public officials, educational institutions, libraries, the

11  scholarly community, and the general public engaged in such

12  research.

13         (g)  Cooperate with and, insofar as practicable, assist

14  agencies, libraries, institutions, and individuals in projects

15  designed to preserve original source materials relating to

16  Florida history, government, and culture and prepare and

17  publish handbooks, guides, indexes, and other literature

18  directed toward encouraging the preservation and use of the

19  state's documentary resources.

20         (h)  Encourage and initiate efforts to preserve,

21  collect, process, transcribe, index, and research the oral

22  history of Florida government.

23         (i)  Assist and cooperate with the records and

24  information management program in the training and information

25  program described in s. 257.36(1)(g).

26         Section 37.  Section 282.21, Florida Statutes, is

27  amended to read:

28         282.21  The State Technology Office's electronic access

29  services.--The State Technology Office may collect fees for

30  providing remote electronic access pursuant to s. 119.01(2)(f)

31  119.085. The fees may be imposed on individual transactions or

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    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  as a fixed subscription for a designated period of time.  All

  2  fees collected under this section shall be deposited in the

  3  appropriate trust fund of the program or activity that made

  4  the remote electronic access available.

  5         Section 38.  Paragraph (h) of subsection (2) of section

  6  287.0943, Florida Statutes, is amended to read:

  7         287.0943  Certification of minority business

  8  enterprises.--

  9         (2)

10         (h)  The certification procedures should allow an

11  applicant seeking certification to designate on the

12  application form the information the applicant considers to be

13  proprietary, confidential business information. As used in

14  this paragraph, "proprietary, confidential business

15  information" includes, but is not limited to, any information

16  that would be exempt from public inspection pursuant to the

17  provisions of s. 119.07(6)(3); trade secrets; internal

18  auditing controls and reports; contract costs; or other

19  information the disclosure of which would injure the affected

20  party in the marketplace or otherwise violate s. 286.041. The

21  executor in receipt of the application shall issue written and

22  final notice of any information for which noninspection is

23  requested but not provided for by law.

24         Section 39.  Subsection (1) of section 320.05, Florida

25  Statutes, is amended to read:

26         320.05  Records of the department; inspection

27  procedure; lists and searches; fees.--

28         (1)  Except as provided in s. 119.07(6)(3), the

29  department may release records as provided in this section.

30         Section 40.  Subsection (8) of section 322.20, Florida

31  Statutes, is amended to read:

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  1         322.20  Records of the department; fees; destruction of

  2  records.--

  3         (8)  Except as provided in s. 119.07(6)(3), the

  4  department may release records as provided in this section.

  5         Section 41.  Paragraph (b) of subsection (2) of section

  6  338.223, Florida Statutes, is amended to read:

  7         338.223  Proposed turnpike projects.--

  8         (2)

  9         (b)  In accordance with the legislative intent

10  expressed in s. 337.273, and after the requirements of

11  paragraph (1)(c) have been met, the department may acquire

12  lands and property before making a final determination of the

13  economic feasibility of a project. The requirements of

14  paragraph (1)(c) do not apply to hardship and protective

15  purchases of advance right-of-way by the department. The cost

16  of advance acquisition of right-of-way may be paid from bonds

17  issued under s. 337.276 or from turnpike revenues. For

18  purposes of this paragraph, the term "hardship purchase" means

19  purchase from a property owner of a residential dwelling of

20  not more than four units who is at a disadvantage due to

21  health impairment, job loss, or significant loss of rental

22  income. For purposes of this paragraph, the term "protective

23  purchase" means that a purchase to limit development,

24  building, or other intensification of land uses within the

25  area right-of-way is needed for transportation facilities. The

26  department shall give written notice to the Department of

27  Environmental Protection 30 days before final agency

28  acceptance as set forth in s. 119.07(6)(3)(n), which notice

29  shall allow the Department of Environmental Protection to

30  comment. Hardship and protective purchases of right-of-way

31  shall not influence the environmental feasibility of a

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  1  project, including the decision relative to the need to

  2  construct the project or the selection of a specific location.

  3  Costs to acquire and dispose of property acquired as hardship

  4  and protective purchases are considered costs of doing

  5  business for the department and are not to be considered in

  6  the determination of environmental feasibility for the

  7  project.

  8         Section 42.  Paragraph (a) of subsection (1) of section

  9  378.406, Florida Statutes, is amended to read:

10         378.406  Confidentiality of records; availability of

11  information.--

12         (1)(a)  Any information relating to prospecting, rock

13  grades, or secret processes or methods of operation which may

14  be required, ascertained, or discovered by inspection or

15  investigation shall be exempt from the provisions of s.

16  119.07(1), shall not be disclosed in public hearings, and

17  shall be kept confidential by any member, officer, or employee

18  of the department, if the applicant requests the department to

19  keep such information confidential and informs the department

20  of the basis for such confidentiality. Should the secretary

21  determine that such information requested to be kept

22  confidential shall not be kept confidential, the secretary

23  shall provide the operator with not less than 30 days' notice

24  of his or her intent to release the information. When making

25  his or her determination, the secretary shall consider the

26  public purposes specified in s. 119.15(4)(b) 119.14(4)(b).

27         Section 43.  Paragraph (c) of subsection (5) of section

28  399.02, Florida Statutes, is amended to read:

29         399.02  General requirements.--

30         (5)

31         (c)  The elevator owner shall report to the department

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    hbd-27                               Bill No. SB 274, 1st Eng.

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  1  60 days before the expiration of the certificate of operation

  2  whether there exists a service maintenance contract, with whom

  3  the contract exists, and the details concerning the provisions

  4  and implementation of the contract which the department

  5  requires. The department shall keep the names of companies

  6  with whom the contract exists confidential pursuant to the

  7  public records exemption provided in s. 119.14(4)(b)3. This

  8  annual contract report must be made on forms supplied by the

  9  department.  The elevator owner must report any material

10  change in the service maintenance contract no fewer than 30

11  days before the effective date of the change.  The department

12  shall determine whether the provisions of the service

13  maintenance contract and its implementation ensure the safe

14  operation of the elevator.

15         Section 44.  Paragraph (c) of subsection (1) of section

16  400.0077, Florida Statutes, is amended to read:

17         400.0077  Confidentiality.--

18         (1)  The following are confidential and exempt from the

19  provisions of s. 119.07(1):

20         (c)  Any other information about a complaint, including

21  any problem identified by an ombudsman council as a result of

22  an investigation, unless an ombudsman council determines that

23  the information does not meet any of the criteria specified in

24  s. 119.15(4)(b) 119.14(4)(b); or unless the information is to

25  collect data for submission to those entities specified in s.

26  712(c) of the federal Older Americans Act for the purpose of

27  identifying and resolving significant problems.

28         Section 45.  Subsection (5) of section 401.27, Florida

29  Statutes, is amended to read:

30         401.27  Personnel; standards and certification.--

31         (5)  The certification examination must be offered

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    hbd-27                               Bill No. SB 274, 1st Eng.

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  1  monthly.  The department shall issue an examination admission

  2  notice to the applicant advising him or her of the time and

  3  place of the examination for which he or she is scheduled.

  4  Individuals achieving a passing score on the certification

  5  examination may be issued a temporary certificate with their

  6  examination grade report.  The department must issue an

  7  original certification within 45 days after the examination.

  8  Examination questions and answers are not subject to discovery

  9  but may be introduced into evidence and considered only in

10  camera in any administrative proceeding under chapter 120. If

11  an administrative hearing is held, the department shall

12  provide challenged examination questions and answers to the

13  administrative law judge. The department shall establish by

14  rule the procedure by which an applicant, and the applicant's

15  attorney, may review examination questions and answers in

16  accordance with s. 119.07(6)(3)(a).

17         Section 46.  Subsection (1) of section 403.111, Florida

18  Statutes, is amended to read:

19         403.111  Confidential records.--

20         (1)  Any information, other than effluent data and

21  those records described in 42 U.S.C. s. 7661a(b)(8), relating

22  to secret processes or secret methods of manufacture or

23  production, or relating to costs of production, profits, or

24  other financial information which is otherwise not public

25  record, which may be required, ascertained, or discovered by

26  inspection or investigation shall be exempt from the

27  provisions of s. 119.07(1), shall not be disclosed in public

28  hearings, and shall be kept confidential by any member,

29  officer, or employee of the department, upon a showing

30  satisfactory to the department that the information should be

31  kept confidential.  The person from whom the information is

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    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  obtained must request that the department keep such

  2  information confidential and must inform the department of the

  3  basis for the claim of confidentiality.  The department shall,

  4  subject to notice and opportunity for hearing, determine

  5  whether the information requested to be kept confidential

  6  should or should not be kept confidential.  The department

  7  shall determine whether the information submitted should be

  8  kept confidential pursuant to the public purpose test as

  9  stated in s. 119.15(4)(b)3. 119.14(4)(b)3.

10         Section 47.  Section 409.2577, Florida Statutes, is

11  amended to read:

12         409.2577  Parent locator service.--The department shall

13  establish a parent locator service to assist in locating

14  parents who have deserted their children and other persons

15  liable for support of dependent children.  The department

16  shall use all sources of information available, including the

17  Federal Parent Locator Service, and may request and shall

18  receive information from the records of any person or the

19  state or any of its political subdivisions or any officer

20  thereof. Any agency as defined in s. 120.52, any political

21  subdivision, and any other person shall, upon request, provide

22  the department any information relating to location, salary,

23  insurance, social security, income tax, and employment history

24  necessary to locate parents who owe or potentially owe a duty

25  of support pursuant to Title IV-D of the Social Security Act.

26  This provision shall expressly take precedence over any other

27  statutory nondisclosure provision which limits the ability of

28  an agency to disclose such information, except that law

29  enforcement information as provided in s. 119.07(6)(3)(i) is

30  not required to be disclosed, and except that confidential

31  taxpayer information possessed by the Department of Revenue

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  shall be disclosed only to the extent authorized in s.

  2  213.053(15).  Nothing in this section requires the disclosure

  3  of information if such disclosure is prohibited by federal

  4  law. Information gathered or used by the parent locator

  5  service is confidential and exempt from the provisions of s.

  6  119.07(1). Additionally, the department is authorized to

  7  collect any additional information directly bearing on the

  8  identity and whereabouts of a person owing or asserted to be

  9  owing an obligation of support for a dependent child. The

10  department shall, upon request, make information available

11  only to public officials and agencies of this state; political

12  subdivisions of this state, including any agency thereof

13  providing child support enforcement services to non-Title IV-D

14  clients; the custodial parent, legal guardian, attorney, or

15  agent of the child; and other states seeking to locate parents

16  who have deserted their children and other persons liable for

17  support of dependents, for the sole purpose of establishing,

18  modifying, or enforcing their liability for support, and shall

19  make such information available to the Department of Children

20  and Family Services for the purpose of diligent search

21  activities pursuant to chapter 39. If the department has

22  reasonable evidence of domestic violence or child abuse and

23  the disclosure of information could be harmful to the

24  custodial parent or the child of such parent, the child

25  support program director or designee shall notify the

26  Department of Children and Family Services and the Secretary

27  of the United States Department of Health and Human Services

28  of this evidence. Such evidence is sufficient grounds for the

29  department to disapprove an application for location services.

30         Section 48.  Subsection (6) of section 455.219, Florida

31  Statutes, is amended to read:

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    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1         455.219  Fees; receipts; disposition; periodic

  2  management reports.--

  3         (6)  The department or the appropriate board shall

  4  charge a fee not to exceed $25 for the certification of a

  5  public record.  The fee shall be determined by rule of the

  6  department. The department or the appropriate board shall

  7  assess a fee for duplication of a public record as provided in

  8  s. 119.07(4)(1)(a) and (b).

  9         Section 49.  Subsection (11) of section 456.025,

10  Florida Statutes, is amended to read:

11         456.025  Fees; receipts; disposition.--

12         (11)  The department or the appropriate board shall

13  charge a fee not to exceed $25 for the certification of a

14  public record. The fee shall be determined by rule of the

15  department. The department or the appropriate board shall

16  assess a fee for duplicating a public record as provided in s.

17  119.07(4)(1)(a) and (b).

18         Section 50.  Paragraph (l) of subsection (3) of section

19  627.311, Florida Statutes, is amended to read:

20         627.311  Joint underwriters and joint reinsurers.--

21         (3)  The department may, after consultation with

22  insurers licensed to write automobile insurance in this state,

23  approve a joint underwriting plan for purposes of equitable

24  apportionment or sharing among insurers of automobile

25  liability insurance and other motor vehicle insurance, as an

26  alternate to the plan required in s. 627.351(1).  All insurers

27  authorized to write automobile insurance in this state shall

28  subscribe to the plan and participate therein.  The plan shall

29  be subject to continuous review by the department which may at

30  any time disapprove the entire plan or any part thereof if it

31  determines that conditions have changed since prior approval

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  and that in view of the purposes of the plan changes are

  2  warranted. Any disapproval by the department shall be subject

  3  to the provisions of chapter 120.  If adopted, the plan and

  4  the association created under the plan:

  5         (l)1.  Shall be subject to the public records

  6  requirements of chapter 119 and the public meeting

  7  requirements of s. 286.011.  However, the following records of

  8  the Florida Automobile Joint Underwriting Association are

  9  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

10  of the State Constitution:

11         a.  Underwriting files, except that a policyholder or

12  an applicant shall have access to his or her own underwriting

13  files.

14         b.  Claims files, until termination of all litigation

15  and settlement of all claims arising out of the same incident,

16  although portions of the claims files may remain exempt, as

17  otherwise provided by law. Confidential and exempt claims file

18  records may be released to other governmental agencies upon

19  written request and demonstration of need; such records held

20  by the receiving agency remain confidential and exempt as

21  provided by this paragraph.

22         c.  Records obtained or generated by an internal

23  auditor pursuant to a routine audit, until the audit is

24  completed or, if the audit is conducted as part of an

25  investigation, until the investigation is closed or ceases to

26  be active.  An investigation is considered "active" while the

27  investigation is being conducted with a reasonable, good faith

28  belief that it could lead to the filing of administrative,

29  civil, or criminal proceedings.

30         d.  Matters reasonably encompassed in privileged

31  attorney-client communications.

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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  1         e.  Proprietary information licensed to the association

  2  under contract when the contract provides for the

  3  confidentiality of such proprietary information.

  4         f.  All information relating to the medical condition

  5  or medical status of an association employee which is not

  6  relevant to the employee's capacity to perform his or her

  7  duties, except as otherwise provided in this paragraph.

  8  Information which is exempt shall include, but is not limited

  9  to, information relating to workers' compensation, insurance

10  benefits, and retirement or disability benefits.

11         g.  All records relative to an employee's participation

12  in an employee assistance program designed to assist any

13  employee who has a behavioral or medical disorder, substance

14  abuse problem, or emotional difficulty which affects the

15  employee's job performance, except as otherwise provided in s.

16  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 must 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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    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  public record because it is not held by an agency subject to

  2  the provisions of the public records law. The association may

  3  make the following information obtained from underwriting

  4  files and confidential claims files available to licensed

  5  general lines insurance agents:  name, address, and telephone

  6  number of the automobile owner or insured; location of the

  7  risk; rating information; loss history; and policy type.  The

  8  receiving licensed general lines insurance agent must retain

  9  the confidentiality of the information received.

10         2.  Portions of meetings of the Florida Automobile

11  Joint Underwriting Association during which confidential

12  underwriting files or confidential open claims files are

13  discussed are exempt from the provisions of s. 286.011 and s.

14  24(b), Art. I of the State Constitution.  All portions of

15  association meetings which are closed to the public shall be

16  recorded by a court reporter.  The court reporter shall record

17  the times of commencement and termination of the meeting, all

18  discussion and proceedings, the names of all persons present

19  at any time, and the names of all persons speaking.  No

20  portion of any closed meeting shall be off the record.

21  Subject to the provisions of this paragraph and s.

22  119.07(1)(b)-(d)(2)(a), the court reporter's notes of any

23  closed meeting shall be retained by the association for a

24  minimum of 5 years.  A copy of the transcript, less any exempt

25  matters, of any closed meeting during which claims are

26  discussed shall become public as to individual claims after

27  settlement of the claim.

28

29  This paragraph is subject to the Open Government Sunset Review

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

31  repealed on October 2, 2003, unless reviewed and saved from

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    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  repeal through reenactment by the Legislature.

  2         Section 51.  Paragraph (n) of subsection (6) of section

  3  627.351, Florida Statutes, is amended to read:

  4         627.351  Insurance risk apportionment plans.--

  5         (6)  RESIDENTIAL PROPERTY AND CASUALTY JOINT

  6  UNDERWRITING ASSOCIATION.--

  7         (n)1.  The following records of the Residential

  8  Property and Casualty Joint Underwriting Association are

  9  confidential and exempt from the provisions of s. 119.07(1)

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

11         a.  Underwriting files, except that a policyholder or

12  an applicant shall have access to his or her own underwriting

13  files.

14         b.  Claims files, until termination of all litigation

15  and settlement of all claims arising out of the same incident,

16  although portions of the claims files may remain exempt, as

17  otherwise provided by law. Confidential and exempt claims file

18  records may be released to other governmental agencies upon

19  written request and demonstration of need; such records held

20  by the receiving agency remain confidential and exempt as

21  provided for herein.

22         c.  Records obtained or generated by an internal

23  auditor pursuant to a routine audit, until the audit is

24  completed, or if the audit is conducted as part of an

25  investigation, until the investigation is closed or ceases to

26  be active.  An investigation is considered "active" while the

27  investigation is being conducted with a reasonable, good faith

28  belief that it could lead to the filing of administrative,

29  civil, or criminal proceedings.

30         d.  Matters reasonably encompassed in privileged

31  attorney-client communications.

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1         e.  Proprietary information licensed to the association

  2  under contract and the contract provides for the

  3  confidentiality of such proprietary information.

  4         f.  All information relating to the medical condition

  5  or medical status of an association employee which is not

  6  relevant to the employee's capacity to perform his or her

  7  duties, except as otherwise provided in this paragraph.

  8  Information which is exempt shall include, but is not limited

  9  to, information relating to workers' compensation, insurance

10  benefits, and retirement or disability benefits.

11         g.  Upon an employee's entrance into the employee

12  assistance program, a program to assist any employee who has a

13  behavioral or medical disorder, substance abuse problem, or

14  emotional difficulty which affects the employee's job

15  performance, all records relative to that participation shall

16  be confidential and exempt from the provisions of s. 119.07(1)

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

18  otherwise provided in s. 112.0455(11).

19         h.  Information relating to negotiations for financing,

20  reinsurance, depopulation, or contractual services, until the

21  conclusion of the negotiations.

22         i.  Minutes of closed meetings regarding underwriting

23  files, and minutes of closed meetings regarding an open claims

24  file until termination of all litigation and settlement of all

25  claims with regard to that claim, except that information

26  otherwise confidential or exempt by law will be redacted.

27

28  When an authorized insurer is considering underwriting a risk

29  insured by the association, relevant underwriting files and

30  confidential claims files may be released to the insurer

31  provided the insurer agrees in writing, notarized and under

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  oath, to maintain the confidentiality of such files.  When a

  2  file is transferred to an insurer that file is no longer a

  3  public record because it is not held by an agency subject to

  4  the provisions of the public records law. Underwriting files

  5  and confidential claims files may also be released to staff of

  6  and the board of governors of the market assistance plan

  7  established pursuant to s. 627.3515, who must retain the

  8  confidentiality of such files, except such files may be

  9  released to authorized insurers that are considering assuming

10  the risks to which the files apply, provided the insurer

11  agrees in writing, notarized and under oath, to maintain the

12  confidentiality of such files.  Finally, the association or

13  the board or staff of the market assistance plan may make the

14  following information obtained from underwriting files and

15  confidential claims files available to licensed general lines

16  insurance agents: name, address, and telephone number of the

17  residential property owner or insured; location of the risk;

18  rating information; loss history; and policy type.  The

19  receiving licensed general lines insurance agent must retain

20  the confidentiality of the information received.

21         2.  Portions of meetings of the Residential Property

22  and Casualty Joint Underwriting Association are exempt from

23  the provisions of s. 286.011 and s. 24(b), Art. I of the State

24  Constitution wherein confidential underwriting files or

25  confidential open claims files are discussed.  All portions of

26  association meetings which are closed to the public shall be

27  recorded by a court reporter.  The court reporter shall record

28  the times of commencement and termination of the meeting, all

29  discussion and proceedings, the names of all persons present

30  at any time, and the names of all persons speaking.  No

31  portion of any closed meeting shall be off the record.

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  Subject to the provisions hereof and s.

  2  119.07(1)(b)-(d)(2)(a), the court reporter's notes of any

  3  closed meeting shall be retained by the association for a

  4  minimum of 5 years. A copy of the transcript, less any exempt

  5  matters, of any closed meeting wherein claims are discussed

  6  shall become public as to individual claims after settlement

  7  of the claim.

  8         Section 52.  Subsection (1) of section 633.527, Florida

  9  Statutes, is amended to read:

10         633.527  Records concerning applicant; extent of

11  confidentiality.--

12         (1)  Test material is made confidential by s.

13  119.07(6)(3)(a). An applicant may waive in writing the

14  confidentiality of his or her examination answer sheet for the

15  purpose of discussion with the State Fire Marshal or his or

16  her staff.

17         Section 53.  Section 655.0321, Florida Statutes, is

18  amended to read:

19         655.0321  Restricted access to certain hearings,

20  proceedings, and related documents.--The department shall

21  consider the public purposes specified in s. 119.15(4)(b)

22  119.14(4)(b) and the provisions of s. 24, Art. I of the State

23  Constitution in determining whether the hearings and

24  proceedings conducted pursuant to s. 655.033 for the issuance

25  of cease and desist orders and s. 655.037 for the issuance of

26  suspension or removal orders shall be closed and exempt from

27  the provisions of s. 286.011, and whether related documents

28  shall be confidential and exempt from the provisions of s.

29  119.07(1).

30         Section 54.  Paragraph (m) of subsection (2) of section

31  668.50, Florida Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1         668.50  Uniform Electronic Transaction Act.--

  2         (2)  DEFINITIONS.--As used in this section:

  3         (m)  "Record" means information that is inscribed on a

  4  tangible medium or that is stored in an electronic or other

  5  medium and is retrievable in perceivable form, including

  6  public records as defined in s. 119.011(11)(1).

  7         Section 55.  Subsection (1) of section 794.024, Florida

  8  Statutes, is amended to read:

  9         794.024  Unlawful to disclose identifying

10  information.--

11         (1)  A public employee or officer who has access to the

12  photograph, name, or address of a person who is alleged to be

13  the victim of an offense described in this chapter, chapter

14  800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and

15  knowingly disclose it to a person who is not assisting in the

16  investigation or prosecution of the alleged offense or to any

17  person other than the defendant, the defendant's attorney, or

18  a person specified in an order entered by the court having

19  jurisdiction of the alleged offense, or to organizations

20  authorized to receive such information pursuant to s.

21  119.07(6)(3)(f).

22         Section 56.  For the purpose of incorporating the

23  amendments to section 945.25, Florida Statutes, in a reference

24  thereto, paragraph (a) of subsection (2) of section 947.13,

25  Florida Statutes, is reenacted to read:

26         947.13  Powers and duties of commission.--

27         (2)(a)  The commission shall immediately examine

28  records of the department under s. 945.25, and any other

29  records which it obtains, and may make such other

30  investigations as may be necessary.

31         Section 57.  The Records Management Center of the

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1  Department of State in Tallahassee, Florida, is designated as

  2  the "James C. 'Jim' Smith Records Management Center."

  3         Section 58.  Subsection (6) of section 15.16, Florida

  4  Statutes, is repealed.

  5         Section 59.  This act shall take effect July 1, 2002.

  6

  7

  8  ================ T I T L E   A M E N D M E N T ===============

  9  And the title is amended as follows:

10  remove:  the entire title

11

12  and insert:

13                  A bill to be entitled

14         An act relating to public records; amending s.

15         18.20, F.S.; removing photographic film

16         reproductions of specified vouchers or checks

17         paid by the State Treasurer and preserved as

18         records of the office of the Treasurer from

19         classification as permanent records; amending

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

21         respect to public records; requiring

22         governmental agencies to consider certain

23         factors in designing or acquiring electronic

24         recordkeeping systems; providing certain

25         restrictions with respect to electronic

26         recordkeeping systems and proprietary software;

27         requiring governmental agencies to provide

28         copies of public records stored in electronic

29         recordkeeping systems; authorizing agencies to

30         charge a fee for such copies; specifying

31         circumstances under which the financial,

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1         business, and membership records of an

  2         organization are public records; amending s.

  3         119.011, F.S.; providing definitions; repealing

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

  5         relating to specified exemption for certain

  6         videotapes and video signals, records made

  7         public by the use of public funds, and

  8         penalties for violation of public records

  9         requirements by a public officer; amending s.

10         119.021, F.S.; providing requirements for

11         governmental agencies in maintaining and

12         preserving public records; requiring the

13         Division of Library and Information Services of

14         the Department of State to adopt rules for

15         retaining and disposing of public records;

16         authorizing the division to provide for

17         archiving certain noncurrent records; providing

18         for the destruction of certain records and the

19         continued maintenance of certain records;

20         providing for the disposition of records at the

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

22         that a custodian of public records demand

23         delivery of records held unlawfully; repealing

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

25         relating to the retention and disposal of

26         public records and the delivery of records held

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

28         provisions governing the inspection and copying

29         of public records; establishing fees for

30         copying; providing requirements for making

31         photographs; authorizing additional means of

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1         copying; repealing ss. 119.08 and 119.083,

  2         F.S., relating to requirements for making

  3         photographs of public records and the licensing

  4         and sale of copyrighted data processing

  5         software by an agency; amending s. 119.084,

  6         F.S.; deleting certain provisions governing the

  7         maintenance of public records in an electronic

  8         recordkeeping system; repealing ss. 119.085 and

  9         119.09, F.S., relating to remote electronic

10         access to public records and the program for

11         records and information management of the

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

13         clarifying provisions with respect to penalties

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

15         119.105, F.S.; clarifying provisions under

16         which certain police reports may be exempt from

17         the public records law; amending s. 120.55,

18         F.S.; revising language with respect to

19         publication of the Florida Administrative Code

20         to provide that the Department of State is

21         required to compile and publish the code

22         through a continuous revision system; amending

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

24         respect to official custody of records upon

25         transfer of duties or responsibilities between

26         state agencies or dissolution of a state

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

28         classification of records of notices and

29         satisfaction of liens on vessels maintained by

30         the Department of Highway Safety and Motor

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

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1         the classification of records of hunter safety

  2         certification cards maintained by the Fish and

  3         Wildlife Conservation Commission; amending s.

  4         560.121, F.S.; decreasing and qualifying the

  5         period of retention for examination reports,

  6         investigatory records, applications,

  7         application records, and related information

  8         compiled by the Department of Banking and

  9         Finance under the Money Transmitters' Code;

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

11         period of retention for specified reports filed

12         by money transmitters with the Department of

13         Banking and Finance under the Money

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

15         decreasing and qualifying the period of

16         retention for examination reports,

17         investigatory records, applications,

18         application records, and related information

19         compiled by the Department of Banking and

20         Finance under the Money Transmitters' Code;

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

22         Department of Insurance to maintain an

23         electronic recordkeeping system for specified

24         records, statements, reports, and documents;

25         eliminating a standard for the reproduction of

26         such records, statements, reports, and

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

28         that reproductions from an electronic

29         recordkeeping system of specified documents and

30         records of the Department of Insurance shall be

31         treated as originals for the purpose of their

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1         admissibility in evidence; amending s. 633.527,

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

  3         specified examination test questions, answer

  4         sheets, and grades in the possession of the

  5         Division of State Fire Marshal of the

  6         Department of Insurance; amending s. 655.50,

  7         F.S.; revising requirements of the Department

  8         of Banking and Finance with respect to

  9         retention of copies of specified reports and

10         records of exemption submitted or filed by

11         financial institutions under the Florida

12         Control of Money Laundering in Financial

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

14         requiring the Department of Corrections to

15         obtain and place in its records specified

16         information on every person who may be

17         sentenced to supervision or incarceration under

18         the jurisdiction of the department; eliminating

19         a requirement of the department, in its

20         discretion, to obtain and place in its

21         permanent records specified information on

22         persons placed on probation and on persons who

23         may become subject to pardon and commutation of

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

25         the classification of specified medical files

26         of serious or habitual juvenile offenders;

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

28         requires the Department of Revenue to keep a

29         permanent record of the amounts of refunds

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

31         requires that such records shall be open to

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





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

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

  3         Department of Management Services to photograph

  4         and reduce to microfilm as a permanent record

  5         its ledger sheets showing the salaries and

  6         contributions of members of the Teachers'

  7         Retirement System of Florida, the records of

  8         deceased members of the system, and the

  9         authority to destroy the documents from which

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

11         eliminating a procedure by which permission may

12         be obtained from the Department of Agriculture

13         and Consumer Services to cut seed trees;

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

15         considerations of the Governor in making an

16         executive order confidential; correcting a

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

18         eliminating a confidentiality requirement of

19         the Department of Business and Professional

20         Regulation with respect to the names of

21         companies under contract to provide elevator

22         service maintenance; amending s. 655.0321,

23         F.S.; expanding considerations of the

24         Department of Banking and Finance in

25         determining whether specified hearings and

26         proceedings and documents related thereto shall

27         be exempt from public records and meetings

28         requirements; correcting a cross reference;

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

30         231.291, 257.34, 257.35, 282.21, 287.0943,

31         320.05, 322.20, 338.223, 378.406, 400.0077,

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                                                   HOUSE AMENDMENT

    hbd-27                               Bill No. SB 274, 1st Eng.

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





  1         401.27, 403.111, 409.2577, 455.219, 456.025,

  2         627.311, 627.351, 633.527, 668.50, and 794.024,

  3         F.S.; conforming cross references; reenacting

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

  5         the Parole Commission to examine specified

  6         records, to incorporate the amendment to s.

  7         945.25, F.S., in a reference thereto;

  8         designating the Records Management Center of

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

10         Smith Records Center"; repealing s. 15.16(6),

11         F.S., which authorizes the Department of State

12         to waive the requirement that a person

13         advertise the intention to register a

14         fictitious name if the department indexes the

15         fictitious name registration in a central

16         database available to the public on the

17         Internet; providing an effective date.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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