Senate Bill sb2684c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 2684

    By the Committee on Governmental Oversight and Productivity;
    and Senator Wise




    302-2288-03

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         18.20, F.S.; removing photographic film

  4         reproductions of specified vouchers or checks

  5         paid by the State Treasurer and preserved as

  6         records of the office of the Treasurer from

  7         classification as permanent records; creating

  8         s. 39.2021, F.S.; authorizing a petition for an

  9         order making public records pertaining to

10         certain investigations by the Department of

11         Children and Family Services; amending s.

12         119.01, F.S.; establishing state policy with

13         respect to public records; requiring

14         governmental agencies to consider certain

15         factors in designing or acquiring electronic

16         recordkeeping systems; providing certain

17         restrictions with respect to electronic

18         recordkeeping systems and proprietary software;

19         requiring governmental agencies to provide

20         copies of public records stored in electronic

21         recordkeeping systems; authorizing agencies to

22         charge a fee for such copies; specifying

23         circumstances under which the financial,

24         business, and membership records of an

25         organization are public records; amending s.

26         119.011, F.S.; providing definitions; repealing

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

28         relating to specified exemption for certain

29         videotapes and video signals, records made

30         public by the use of public funds, and

31         penalties for violation of public records

                                  1

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         requirements by a public officer; amending s.

 2         119.021, F.S.; providing requirements for

 3         governmental agencies in maintaining and

 4         preserving public records; requiring the

 5         Division of Library and Information Services of

 6         the Department of State to adopt rules for

 7         retaining and disposing of public records;

 8         authorizing the division to provide for

 9         archiving certain noncurrent records; providing

10         for the destruction of certain records and the

11         continued maintenance of certain records;

12         providing for the disposition of records at the

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

14         that a custodian of public records demand

15         delivery of records held unlawfully; repealing

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

17         relating to the retention and disposal of

18         public records and the delivery of records held

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

20         provisions governing the inspection and copying

21         of public records; establishing fees for

22         copying; providing requirements for making

23         photographs; authorizing additional means of

24         copying; repealing s. 119.08, F.S., relating to

25         requirements for making photographs of public

26         records; amending s. 119.084, F.S.; deleting

27         certain provisions governing the maintenance of

28         public records in an electronic recordkeeping

29         system; repealing ss. 119.085 and 119.09, F.S.,

30         relating to remote electronic access to public

31         records and the program for records and

                                  2

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         information management of the Department of

 2         State; amending s. 119.10, F.S.; clarifying

 3         provisions with respect to penalties for

 4         violations of ch. 119, F.S.; amending s.

 5         119.105, F.S.; clarifying provisions under

 6         which certain police reports may be exempt from

 7         the public records law; amending s. 120.55,

 8         F.S.; revising language with respect to

 9         publication of the Florida Administrative Code

10         to provide that the Department of State is

11         required to compile and publish the code

12         through a continuous revision system; amending

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

14         respect to official custody of records upon

15         transfer of duties or responsibilities between

16         state agencies or dissolution of a state

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

18         classification of records of notices and

19         satisfaction of liens on vessels maintained by

20         the Department of Highway Safety and Motor

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

22         the classification of records of hunter safety

23         certification cards maintained by the Fish and

24         Wildlife Conservation Commission; creating s.

25         415.1071, F.S.; authorizing a petition for an

26         order making public certain investigatory

27         records of the Department of Children and

28         Family Services; amending s. 560.121, F.S.;

29         decreasing and qualifying the period of

30         retention for examination reports,

31         investigatory records, applications,

                                  3

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         application records, and related information

 2         compiled by the Department of Banking and

 3         Finance under the Money Transmitters' Code;

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

 5         period of retention for specified reports filed

 6         by money transmitters with the Department of

 7         Banking and Finance under the Money

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

 9         decreasing and qualifying the period of

10         retention for examination reports,

11         investigatory records, applications,

12         application records, and related information

13         compiled by the Department of Banking and

14         Finance under the Money Transmitters' Code;

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

16         Department of Insurance to maintain an

17         electronic recordkeeping system for specified

18         records, statements, reports, and documents;

19         eliminating a standard for the reproduction of

20         such records, statements, reports, and

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

22         that reproductions from an electronic

23         recordkeeping system of specified documents and

24         records of the Department of Insurance shall be

25         treated as originals for the purpose of their

26         admissibility in evidence; amending s. 633.527,

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

28         specified examination test questions, answer

29         sheets, and grades in the possession of the

30         Division of State Fire Marshal of the

31         Department of Insurance; amending s. 655.50,

                                  4

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         F.S.; revising requirements of the Department

 2         of Banking and Finance with respect to

 3         retention of copies of specified reports and

 4         records of exemption submitted or filed by

 5         financial institutions under the Florida

 6         Control of Money Laundering in Financial

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

 8         requiring the Department of Corrections to

 9         obtain and place in its records specified

10         information on every person who may be

11         sentenced to supervision or incarceration under

12         the jurisdiction of the department; eliminating

13         a requirement of the department, in its

14         discretion, to obtain and place in its

15         permanent records specified information on

16         persons placed on probation and on persons who

17         may become subject to pardon and commutation of

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

19         the classification of specified medical files

20         of serious or habitual juvenile offenders;

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

22         requires the Department of Revenue to keep a

23         permanent record of the amounts of refunds

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

25         requires that such records shall be open to

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

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

28         Department of Management Services to photograph

29         and reduce to microfilm as a permanent record

30         its ledger sheets showing the salaries and

31         contributions of members of the Teachers'

                                  5

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         Retirement System of Florida, the records of

 2         deceased members of the system, and the

 3         authority to destroy the documents from which

 4         such films derive; amending ss. 15.09, 23.22,

 5         101.5607, 112.533, 1012.31(2)(e), 257.34,

 6         257.35, 282.21, 287.0943, 320.05, 322.20,

 7         338.223, 378.406, 400.0077, 401.27, 403.111,

 8         409.2577, 455.219, 456.025, 627.311, 627.351,

 9         633.527, 668.50, and 794.024, F.S.; conforming

10         cross-references; reenacting s. 947.13(2)(a),

11         F.S., relating to the duty of the Parole

12         Commission to examine specified records, to

13         incorporate the amendment to s. 945.25, F.S.,

14         in a reference thereto; repealing s. 430.015,

15         F.S.; removing a public necessity statement for

16         a public records exemption for identifying

17         information contained in records of elderly

18         persons collected and held by the Department of

19         Elderly Affairs; amending s. 440.132, F.S.;

20         removing a public necessity statement for a

21         public records exemption for investigatory

22         records of the Agency for Health Care

23         Administration made or received pursuant to a

24         workers' compensation managed care arrangement

25         and examination records necessary to complete

26         an investigation; repealing s. 723.0065, F.S.;

27         removing a public necessity statement for a

28         public records exemption for specified

29         financial records of mobile home park owners

30         acquired by the Division of Florida Land Sales,

31         Condominiums, and Mobile Homes of the

                                  6

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         Department of Business and Professional

 2         Regulation, and the Bureau of Mobile Homes of

 3         the division; repealing s. 768.301, F.S.;

 4         removing a public necessity statement for a

 5         public records exemption for certain claims

 6         files records and minutes of meetings and

 7         proceedings relating to risk management

 8         programs entered into by the state and its

 9         agencies and subdivisions, and a public

10         meetings exemption for proceedings and meetings

11         regarding claims filed; repealing s. 815.045,

12         F.S.; removing a public necessity statement for

13         a public records exemption for data, programs,

14         or supporting documentation which are trade

15         secrets and which reside or exist internal or

16         external to a computer, computer system, or

17         computer network and which are held by an

18         agency; amending s. 943.031, F.S.; removing a

19         public necessity statement for a public records

20         and public meetings exemption for specified

21         portions of meetings of the Florida Violent

22         Crime and Drug Control Council, specified

23         portions of public records generated at closed

24         council meetings, and documents related to

25         active criminal investigations or matters

26         constituting active criminal intelligence;

27         providing an effective date.

28  

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

30  

31  

                                  7

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  Statutes, is amended to read:

 3         18.20  Treasurer to make reproductions of certain

 4  warrants, records, and documents.--

 5         (1)  All vouchers or checks heretofore or hereafter

 6  drawn by appropriate court officials of the several counties

 7  of the state against money deposited with the Treasurer under

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

 9  photographed, microphotographed, or reproduced on film by the

10  Treasurer.  Such photographic film shall be durable material

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

12  or checks shall be one which accurately reproduces the

13  originals thereof in all detail; and such photographs,

14  microphotographs, or reproductions on film shall be placed in

15  conveniently accessible and identified files and shall be

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

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

18  been so photographed, microphotographed, or reproduced on

19  film, and the photographs, microphotographs, or reproductions

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

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

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

23  or checks to the offices of the respective county officials

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

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

26  a part of the permanent records of such offices.

27         Section 2.  Section 39.2021, Florida Statutes, is

28  created to read:

29         39.2021  Release of confidential information.--

30         (1)  Any person or organization, including the

31  Department of Children and Family Services, may petition the

                                  8

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  of Children and Family Services that pertain to investigations

 3  of alleged abuse, abandonment, or neglect of a child. The

 4  court shall determine if good cause exists for public access

 5  to the records sought or a portion thereof. In making this

 6  determination, the court shall balance the best interest of

 7  the child who is the focus of the investigation and the

 8  interest of that child's siblings, together with the privacy

 9  right of other persons identified in the reports against the

10  public interest. The public interest in access to such records

11  is reflected in s. 119.01(1), and includes the need for

12  citizens to know of and adequately evaluate the actions of the

13  Department of Children and Family Services and the court

14  system in providing children of this state with the

15  protections enumerated in s. 39.001. However, this subsection

16  does not contravene s. 39.202, which protects the name of any

17  person reporting the abuse, abandonment, or neglect of a

18  child.

19         (2)  In cases involving serious bodily injury to a

20  child, the Department of Children and Family Services may

21  petition the court for an order for the immediate public

22  release of records of the department which pertain to the

23  protective investigation. The petition must be personally

24  served upon the child, the child's parent or guardian, and any

25  person named as an alleged perpetrator in the report of abuse,

26  abandonment, or neglect. The court must determine if good

27  cause exists for the public release of the records sought no

28  later than 24 hours, excluding Saturdays, Sundays, and legal

29  holidays, after the date the department filed the petition

30  with the court. If the court has neither granted nor denied

31  

                                  9

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  the petition within the 24-hour time period, the department

 2  may release to the public summary information including:

 3         (a)  A confirmation that an investigation has been

 4  conducted concerning the alleged victim.

 5         (b)  The dates and brief description of procedural

 6  activities undertaken during the department's investigation.

 7         (c)  The date of each judicial proceeding, a summary of

 8  each participant's recommendations made at the judicial

 9  proceeding, and the ruling of the court.

10  

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

12  identifying information with respect to, any person identified

13  in any investigation. In making a determination to release

14  confidential information, the court shall balance the best

15  interests of the child who is the focus of the investigation

16  and the interests of that child's siblings, together with the

17  privacy rights of other persons identified in the reports

18  against the public interest for access to public records.

19  However, this paragraph does not contravene s. 39.202, which

20  protects the name of any person reporting abuse, abandonment,

21  or neglect of a child.

22         (3)  When the court determines that good cause for

23  public access exists, the court shall direct that the

24  department redact the name of and other identifying

25  information with respect to any person identified in any

26  protective investigation report until such time as the court

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

28  identified committed an act of alleged abuse, abandonment, or

29  neglect.

30         Section 3.  Section 119.01, Florida Statutes, is

31  amended to read:

                                  10

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         119.01  General state policy on public records.--

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

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

 4  inspection by any person.

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

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

 7  each agency. by remote electronic means is an additional

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

 9  extent feasible.  If an agency provides access to public

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

11  provided in the most cost-effective and efficient manner

12  available to the agency providing the information.

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

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

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

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

17  dependence on electronic recordkeeping, each agency must

18  provide ensure reasonable public access to records

19  electronically maintained and must keep information made

20  exempt or confidential from being disclosed to the public.

21         (b)  An agency must consider when designing or

22  acquiring an electronic recordkeeping system whether such

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

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

25  Information Interchange.

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

27  creation or maintenance of a public records database if that

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

29  the public records of the agency, including public records

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

31  system used by the agency.

                                  11

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  secret laws and public records exemptions, agency use of

 3  proprietary software must not diminish the right of the public

 4  to inspect and copy a public record.

 5         (e)  Providing access to public records by remote

 6  electronic means is an additional method of access that

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

 8  an agency provides access to public records by remote

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

10  cost-effective and efficient manner available to the agency

11  providing the information.

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

13  electronic recordkeeping system shall provide to any person,

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

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

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

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

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

19  chapter. For the purpose of satisfying a public records

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

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

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

23  routinely developed or maintained by the agency or that

24  requires a substantial amount of manipulation or programming,

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

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

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

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

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

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

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

                                  12

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  which pertain to the public agency are public records and

 2  subject to the provisions of s. 119.07.

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

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

 5  administrative, or archival value in accordance with retention

 6  schedules established by the records and information

 7  management program of the Division of Library and Information

 8  Services of the Department of State.

 9         Section 4.  Section 119.011, Florida Statutes, is

10  amended to read:

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

12  this chapter, the term:

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

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

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

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

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

18  recordings, data processing software, or other material,

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

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

21  in connection with the transaction of official business by any

22  agency.

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

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

25  bureau, commission, or other separate unit of government

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

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

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

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

30  business entity acting on behalf of any public agency.

31  

                                  13

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  information with respect to an identifiable person or group of

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

 4  anticipate, prevent, or monitor possible criminal activity.

 5         (b)  "Criminal investigative information" means

 6  information with respect to an identifiable person or group of

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

 8  conducting a criminal investigation of a specific act or

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

10  from laboratory tests, reports of investigators or informants,

11  or any type of surveillance.

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

13  investigative information" shall not include:

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

15  crime.

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

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

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

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

20  the arrest.

21         4.  The crime charged.

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

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

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

25  may order that certain information required by law or agency

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

27  confidential manner and exempt from the provisions of s.

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

29  release of such information would:

30  

31  

                                  14

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  witness or would jeopardize the safety of such victim or

 3  witness; and

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

 5  prosecute a codefendant.

 6         6.  Informations and indictments except as provided in

 7  s. 905.26.

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

 9  meaning:

10         1.  Criminal intelligence information shall be

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

12  gathering conducted with a reasonable, good faith belief that

13  it will lead to detection of ongoing or reasonably anticipated

14  criminal activities.

15         2.  Criminal investigative information shall be

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

17  investigation which is continuing with a reasonable, good

18  faith anticipation of securing an arrest or prosecution in the

19  foreseeable future.

20  

21  In addition, criminal intelligence and criminal investigative

22  information shall be considered "active" while such

23  information is directly related to pending prosecutions or

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

25  cases which are barred from prosecution under the provisions

26  of s. 775.15 or other statute of limitation.

27         (4)  "Criminal justice agency" means:

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

29  The term also includes

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

31  enforcement duties;, or

                                  15

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         (c)  Any agency having custody of criminal intelligence

 2  information or criminal investigative information for the

 3  purpose of assisting such law enforcement agencies in the

 4  conduct of active criminal investigation or prosecution or for

 5  the purpose of litigating civil actions under the Racketeer

 6  Influenced and Corrupt Organization Act, during the time that

 7  such agencies are in possession of criminal intelligence

 8  information or criminal investigative information pursuant to

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

10  includes

11         (d)  The Department of Corrections.

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

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

14  responsibility of maintaining the office having public

15  records, or his or her designee.

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

17  routines used to employ and control the capabilities of data

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

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

20  maintenance routines, applications, and computer networking

21  programs.

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

23  duplicating, as defined in s. 283.30.

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

25  provides that a specified record or meeting, or portion

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

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

28  Constitution.

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

30  ascribed in s. 282.0041(7).

31  

                                  16

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         (10)  "Proprietary software" means data processing

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

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

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

 5  recordings, data processing software, or other material,

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

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

 8  in connection with the transaction of official business by any

 9  agency.

10         (12)  "Redact" means the process of removing from an

11  image or a copy of an original public record that portion of

12  the record containing exempt or confidential information.

13         (13)  "Sensitive," for purposes of defining

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

15  portions of data processing software, including the

16  specifications and documentation, which are used to:

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

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

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

20  management information of the agency, such as payroll and

21  accounting records; or

22         (c)  Control and direct access authorizations and

23  security measures for automated systems.

24         Section 5.  Sections 119.0115, 119.012, and 119.02,

25  Florida Statutes, are repealed.

26         Section 6.  Section 119.021, Florida Statutes, is

27  amended to read:

28         (Substantial rewording of section. See

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

30         119.021  Custodial requirements; maintenance,

31  preservation, and retention of public records.--

                                  17

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         (1)  Public records shall be maintained and preserved

 2  as follows:

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

 4  in which they are ordinarily used.

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

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

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

 8  fitted with noncombustible materials and in such arrangement

 9  as to be easily accessible for convenient use.

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

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

12  difficult to read.

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

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

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

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

17  governing body of such municipality may authorize that such

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

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

20  repair, restore, or rebind them.

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

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

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

24  the force and effect of the original.

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

26  Services of the Department of State shall adopt rules to

27  establish retention schedules and a disposal process for

28  public records.

29         (b)  Each agency shall comply with the rules

30  establishing retention schedules and disposal processes for

31  

                                  18

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  public records which are adopted by the records and

 2  information management program of the division.

 3         (c)  Every public official shall systematically dispose

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

 5  records and information management program of the division in

 6  accordance with s. 257.36.

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

 8  records and shall give advice and assistance to public

 9  officials to solve problems related to the preservation,

10  creation, filing, and public accessibility of public records

11  in their custody. Public officials shall assist the division

12  by preparing an inclusive inventory of categories of public

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

14  period for the retention or disposal of each series of

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

16  the division shall, subject to the availability of necessary

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

18  space available in its records center for the filing of

19  semicurrent records so scheduled and in its archives for

20  noncurrent records of permanent value, and shall render such

21  other assistance as needed, including the microfilming of

22  records so scheduled.

23         (3)  Agency orders that comprise final agency action

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

25  continuing legal significance; therefore, notwithstanding any

26  other provision of this chapter or any provision of chapter

27  257, each agency shall permanently maintain records of such

28  orders pursuant to the applicable rules of the Department of

29  State.

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

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

                                  19

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  information management program of the Division of Library and

 3  Information Services of the Department of State, all public

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

 5  official business.

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

 7  shall demand them from any person having illegal possession of

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

 9  person unlawfully possessing public records must within 10

10  days deliver such records to the lawful custodian of public

11  records unless just cause exists for failing to deliver such

12  records.

13         Section 7.  Sections 119.031, 119.041, 119.05, and

14  119.06, Florida Statutes, are repealed.

15         Section 8.  Section 119.07, Florida Statutes, is

16  amended to read:

17         119.07  Inspection, examination, and copying

18  duplication of records; fees; exemptions.--

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

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

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

22  reasonable conditions, and under supervision by the custodian

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

24         (b)  An exemption from this section does not imply an

25  exemption from s. 286.011. The exemption from s. 286.011 must

26  be expressly provided.

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

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

29  shall redact that portion of the record to which an exemption

30  has been asserted and validly applies, and such person shall

31  

                                  20

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  produce the remainder of such record for inspection and

 2  copying.

 3         (d)  If the person who has custody of a public record

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

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

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

 7  including the statutory citation to an exemption created or

 8  afforded by statute.

 9         (e)  If requested by the person seeking to inspect or

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

11  in writing and with particularity the reasons for the

12  conclusion that the record is exempt or confidential.

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

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

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

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

17  paragraph (6)(o), 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 virtue

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

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

22  asserted exemption is not applicable, it shall order the

23  public record or part thereof in question to be immediately

24  produced for inspection or copying as requested by the person

25  seeking such access.

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

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

28  subject to public inspection or copying under this subsection,

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

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

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

                                  21

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  otherwise made to the custodian of public records by the

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

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

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

 5  custodian of public records may not dispose of the record

 6  except by order of a court of competent jurisdiction after

 7  notice to all affected parties.

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

 9  purpose stated in paragraph (f) does not relieve the custodian

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

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

12  to public inspection and copying under this subsection and

13  does not otherwise excuse or exonerate the custodian of public

14  records from any unauthorized or unlawful disposition of such

15  record.

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

17  public records for the purpose of making photographs of the

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

19  custodian of public records.

20         (b)  This subsection applies to the making of

21  photographs in the conventional sense by use of a camera

22  device to capture images of public records but excludes the

23  duplication of microfilm in the possession of the clerk of the

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

25  available by the clerk.

26         (c)  Photographing public records shall be done under

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

28  adopt and enforce reasonable rules governing the work.

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

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

31  judgment of the custodian of public records, this is

                                  22

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

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

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

 4  custodian of public records. Where provision of another room

 5  or place for photographing is required, the expense of

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

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

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

 9  public records, a custodian of public records may provide

10  access to public records by remote electronic means, provided

11  confidential or exempt information is not disclosed.

12         (b)  The custodian of public records shall provide

13  safeguards to protect the contents of public records from

14  unauthorized remote electronic access or alteration and to

15  prevent the disclosure or modification of those portions of

16  public records which are exempt or confidential from

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

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

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

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

21  may include the direct and indirect costs of providing such

22  access. Fees for remote electronic access provided to the

23  general public shall be in accordance with the provisions of

24  this section.

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

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

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

28  following fees are authorized:

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

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

31  

                                  23

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

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

 3  15 cents per one-sided copy, and

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

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

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

 7  duplicated copy.  For purposes of this section, duplicated

 8  copies shall mean new copies produced by duplicating, as

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

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

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

12  cost associated with such duplication.  However,

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

14  photographs supplied by county constitutional officers may

15  also include a reasonable charge for the labor and overhead

16  associated with their duplication.  Unless otherwise provided

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

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

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

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

21  certified copy of a public record.

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

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

24  this subsection is such as to require extensive use of

25  information technology resources or extensive clerical or

26  supervisory assistance by personnel of the agency involved, or

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

28  duplication, a special service charge, which shall be

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

30  extensive use of information technology resources or the labor

31  cost of the personnel providing the service that is actually

                                  24

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  clerical and supervisory assistance required, or both.

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

 4  necessary to photograph public records, the expense of

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

 6  photograph the public records.

 7         2.  The custodian of public records may charge the

 8  person making the photographs for supervision services at a

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

10  to make the photographs and the custodian or public records.

11  If they fail to agree as to the appropriate charge, the charge

12  shall be determined by the custodian of public records.

13  "Information technology resources" means data processing

14  hardware and software and services, communications, supplies,

15  personnel, facility resources, maintenance, and training.

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

17  for inspection or examination, no persons other than the

18  supervisor of elections or the supervisor's employees shall

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

20  reasonable effort to notify all candidates by telephone or

21  otherwise of the time and place of the inspection or

22  examination. All such candidates, or their representatives,

23  shall be allowed to be present during the inspection or

24  examination.

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

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

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

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

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

30  exemption has been asserted and validly applies, and such

31  person shall produce the remainder of such record for

                                  25

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

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

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

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

 5  applicable to the record, including the statutory citation to

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

 7  by the person seeking the right under this subsection to

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

 9  writing and with particularity the reasons for the conclusion

10  that the record is exempt.

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

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

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

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

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

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

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

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

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

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

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

22  immediately produced for inspection, examination, or copying

23  as requested by the person seeking such access.

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

25  public record that a requested record is not a public record

26  subject to public inspection and examination under subsection

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

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

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

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

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

                                  26

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  provisions of this section with respect to the requested

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

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

 5  all affected parties.

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

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

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

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

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

11  excuse or exonerate the custodian from any unauthorized or

12  unlawful disposition of such record.

13         (6)(3)(a)  Examination questions and answer sheets of

14  examinations administered by a governmental agency for the

15  purpose of licensure, certification, or employment are exempt

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

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

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

19  completed examination.

20         (b)1.  Active criminal intelligence information and

21  active criminal investigative information are exempt from the

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

23  Constitution.

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

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

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

27  that would identify the public record that was requested by

28  the law enforcement agency or provided by the custodian are

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

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

31  the information constitutes criminal intelligence information

                                  27

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  or criminal investigative information that is active. This

 2  exemption is remedial in nature, and it is the intent of the

 3  Legislature that the exemption be applied to requests for

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

 5  of this subparagraph. The law enforcement agency shall give

 6  notice to the custodial agency when the criminal intelligence

 7  information or criminal investigative information is no longer

 8  active, so that the custodian's response to the request and

 9  information that would identify the public record requested

10  are available to the public. This subparagraph is subject to

11  the Open Government Sunset Review Act of 1995 in accordance

12  with s. 119.15 and shall stand repealed October 2, 2007,

13  unless reviewed and saved from repeal through reenactment by

14  the Legislature.

15         (c)  Any information revealing the identity of a

16  confidential informant or a confidential source is exempt from

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

18  State Constitution.

19         (d)  Any information revealing surveillance techniques

20  or procedures or personnel is exempt from the provisions of

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

22  Any comprehensive inventory of state and local law enforcement

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

24  comprehensive policies or plans compiled by a criminal justice

25  agency pertaining to the mobilization, deployment, or tactical

26  operations involved in responding to emergencies, as defined

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

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

29  unavailable for inspection, except by personnel authorized by

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

31  Governor, the Department of Legal Affairs, the Department of

                                  28

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  Law Enforcement, or the Department of Community Affairs as

 2  having an official need for access to the inventory or

 3  comprehensive policies or plans.

 4         (e)  Any information revealing undercover personnel of

 5  any criminal justice agency is exempt from the provisions of

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

 7         (f)  Any criminal intelligence information or criminal

 8  investigative information including the photograph, name,

 9  address, or other fact or information which reveals the

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

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

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

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

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

15  defined by chapter 827 and any criminal intelligence

16  information or criminal investigative information or other

17  criminal record, including those portions of court records and

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

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

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

21  827, is exempt from the provisions of subsection (1) and s.

22  24(a), Art. I of the State Constitution.

23         (g)  Any criminal intelligence information or criminal

24  investigative information which reveals the personal assets of

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

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

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

28  Constitution.

29         (h)  All criminal intelligence and criminal

30  investigative information received by a criminal justice

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

                                  29

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  Constitution.

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

 4  security numbers, and photographs of active or former law

 5  enforcement personnel, including correctional and correctional

 6  probation officers, personnel of the Department of Children

 7  and Family Services whose duties include the investigation of

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

 9  activities, personnel of the Department of Health whose duties

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

11  and personnel of the Department of Revenue or local

12  governments whose responsibilities include revenue collection

13  and enforcement or child support enforcement; the home

14  addresses, telephone numbers, social security numbers,

15  photographs, and places of employment of the spouses and

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

17  schools and day care facilities attended by the children of

18  such personnel are exempt from the provisions of subsection

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

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

21  addresses, telephone numbers, photographs, and places of

22  employment of the spouses and children of such firefighters;

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

24  attended by the children of such firefighters are exempt from

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

26  justices of the Supreme Court, district court of appeal

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

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

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

30  and locations of schools and day care facilities attended by

31  the children of justices and judges are exempt from the

                                  30

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  numbers, social security numbers, and photographs of current

 3  or former state attorneys, assistant state attorneys,

 4  statewide prosecutors, or assistant statewide prosecutors; the

 5  home addresses, telephone numbers, social security numbers,

 6  photographs, and places of employment of the spouses and

 7  children of current or former state attorneys, assistant state

 8  attorneys, statewide prosecutors, or assistant statewide

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

10  care facilities attended by the children of current or former

11  state attorneys, assistant state attorneys, statewide

12  prosecutors, or assistant statewide prosecutors are exempt

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

14  Constitution.

15         2.  The home addresses, telephone numbers, social

16  security numbers, and photographs of current or former human

17  resource, labor relations, or employee relations directors,

18  assistant directors, managers, or assistant managers of any

19  local government agency or water management district whose

20  duties include hiring and firing employees, labor contract

21  negotiation, administration, or other personnel-related

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

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

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

25  locations of schools and day care facilities attended by the

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

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

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

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

30  2, 2006, unless reviewed and saved from repeal through

31  reenactment by the Legislature.

                                  31

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         3.  The home addresses, telephone numbers, social

 2  security numbers, and photographs of current or former code

 3  enforcement officers; the names, home addresses, telephone

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

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

 6  the names and locations of schools and day care facilities

 7  attended by the children of such persons are exempt from

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

 9  This subparagraph is subject to the Open Government Sunset

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

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

12  from repeal through reenactment by the Legislature.

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

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

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

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

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

18  maintain the exempt status confidentiality of the personal

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

20  other person, or employing agency of the designated employee

21  submits a written request for maintenance of the exemption

22  confidentiality to the custodial agency.

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

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

25  state for the purpose of forming ridesharing arrangements,

26  which information reveals the identity of an individual who

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

28  341.031, is exempt from the provisions of subsection (1) and

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

30         (k)  Any information revealing the substance of a

31  confession of a person arrested is exempt from the provisions

                                  32

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

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

 3  determined by adjudication, dismissal, or other final

 4  disposition.

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

 6  attorney (including an attorney employed or retained by the

 7  agency or employed or retained by another public officer or

 8  agency to protect or represent the interests of the agency

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

10  express direction, which reflects a mental impression,

11  conclusion, litigation strategy, or legal theory of the

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

13  civil or criminal litigation or for adversarial administrative

14  proceedings, or which was prepared in anticipation of imminent

15  civil or criminal litigation or imminent adversarial

16  administrative proceedings, is exempt from the provisions of

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

18  until the conclusion of the litigation or adversarial

19  administrative proceedings. For purposes of capital collateral

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

21  office is entitled to claim this exemption for those public

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

23  collateral litigation after direct appeal until execution of

24  sentence or imposition of a life sentence.

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

26  public record to another public employee or officer of the

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

28  When asserting the right to withhold a public record pursuant

29  to this paragraph, the agency shall identify the potential

30  parties to any such criminal or civil litigation or

31  adversarial administrative proceedings.  If a court finds that

                                  33

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  the document or other record has been improperly withheld

 2  under this paragraph, the party seeking access to such

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

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

 5  court.

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

 7  pursuant to invitations to bid or requests for proposals are

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

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

10  provides notice of a decision or intended decision pursuant to

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

12  opening, whichever is earlier.

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

14  government seeks to acquire real property by purchase or

15  through the exercise of the power of eminent domain all

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

17  counteroffers must be in writing and are exempt from the

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

19  Constitution until execution of a valid option contract or a

20  written offer to sell that has been conditionally accepted by

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

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

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

24  agency may give conditional acceptance to any option or offer

25  subject only to final acceptance by the agency after the

26  30-day review period.  If a valid option contract is not

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

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

29  of this chapter shall expire at the conclusion of the

30  condemnation litigation of the subject property. An agency of

31  the executive branch may exempt title information, including

                                  34

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  names and addresses of property owners whose property is

 2  subject to acquisition by purchase or through the exercise of

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

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

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

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

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

 8  branch of state government to purchase real property subject

 9  to final agency approval.  This paragraph shall have no

10  application to other exemptions from the provisions of

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

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

13  thereof.

14         (o)  Data processing software obtained by an agency

15  under a licensing agreement which prohibits its disclosure and

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

17  and agency-produced data processing software which is

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

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

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

21  agency head from sharing or exchanging such software with

22  another public agency.  As used in this paragraph:

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

24  routines used to employ and control the capabilities of data

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

26  systems, compilers, assemblers, utilities, library routines,

27  maintenance routines, applications, and computer networking

28  programs.

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

30  processing software, including the specifications and

31  documentation, used to:

                                  35

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

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

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

 4  management information of the agency, such as payroll and

 5  accounting records; or

 6         c.  Control and direct access authorizations and

 7  security measures for automated systems.

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

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

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

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

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

13  financing of housing are exempt from the provisions of

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

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

16  investigation of the complaint becomes inactive, or the

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

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

19  affect any function or activity of the Florida Commission on

20  Human Relations. Any state or federal agency which is

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

22  provision of law shall be granted such access in the

23  furtherance of such agency's statutory duties, notwithstanding

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

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

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

27  any agency in the executive branch of state government which

28  relate to a complaint of discrimination relating to race,

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

30  marital status in connection with hiring practices, position

31  classifications, salary, benefits, discipline, discharge,

                                  36

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  employee performance, evaluation, or other related activities

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

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

 4  relating to probable cause, the investigation of the complaint

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

 6  part of the official record of any hearing or court

 7  proceeding. This provision shall not affect any function or

 8  activity of the Florida Commission on Human Relations. Any

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

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

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

12  statutory duties, notwithstanding the provisions of this

13  section.

14         (r)  All records supplied by a telecommunications

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

16  governmental agency which contain the name, address, and

17  telephone number of subscribers are confidential and exempt

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

19  the State Constitution.

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

21  employment telephone number, home or employment address, or

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

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

24  any agency that regularly receives information from or

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

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

27  Constitution. Any information not otherwise held confidential

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

29  the home or employment telephone number, home or employment

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

31  victim of sexual battery, aggravated child abuse, aggravated

                                  37

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  stalking, harassment, aggravated battery, or domestic violence

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

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

 4  victim, which must include official verification that an

 5  applicable crime has occurred.  Such information shall cease

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

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

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

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

10  duties, notwithstanding the provisions of this section.

11         2.  Any information in a videotaped statement of a

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

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

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

15  847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which

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

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

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

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

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

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

22  described in this subparagraph, is confidential and exempt

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

24  Constitution. Any governmental agency that is authorized to

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

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

27  statutory duties, notwithstanding the provisions of this

28  section.  This subparagraph is subject to the Open Government

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

30  shall stand repealed on October 2, 2003.

31  

                                  38

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

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

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

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

 5  827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or

 6  s. 847.0145, may not willfully and knowingly disclose

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

 8  person who is not assisting in the investigation or

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

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

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

12  alleged offense.

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

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

15  775.082 or s. 775.083.

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

17  prospective bidder to submit in order to prequalify for

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

19  other public works project is exempt from the provisions of

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

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

22  complaint and requests that records of the complaint remain

23  confidential, all records relating to an allegation of

24  employment discrimination are confidential and exempt from the

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

26  Constitution.

27         (v)  Medical information pertaining to a prospective,

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

29  disclosed, would identify that officer or employee is exempt

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

31  the State Constitution. However, such information may be

                                  39

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  disclosed if the person to whom the information pertains or

 2  the person's legal representative provides written permission

 3  or pursuant to court order.

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

 5  investigatory record of the Chief Inspector General within the

 6  Executive Office of the Governor or of the employee designated

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

 8  112.3189 is exempt from the provisions of subsection (1) and

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

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

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

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

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

14  Investigatory records are those records which are related to

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

16  other wrongdoing, with respect to an identifiable person or

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

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

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

20  investigation.  An investigation is active if it is continuing

21  with a reasonable, good faith anticipation of resolution and

22  with reasonable dispatch.

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

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

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

26  such investigatory records require an exemption to protect the

27  integrity of the investigation or avoid unwarranted damage to

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

29  shall specify the nature and purpose of the investigation and

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

31  records are made public.

                                  40

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  whistle-blower investigations conducted pursuant to the

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

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

 5  former agency employees which numbers are contained in agency

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

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

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

 9  in s. 119.011.

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

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

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

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

14  municipality, special district, local agency, authority,

15  consolidated city-county government, or any other local

16  governmental body or public body corporate or politic

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

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

19  of local government. Audit workpapers and notes related to

20  such audit report are confidential and exempt from the

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

22  Constitution until the audit is completed and the audit report

23  becomes final.

24         (z)  Any data, record, or document used directly or

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

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

27  commodity, or tangible personal property to any customer or

28  prospective customer shall be exempt from the provisions of

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

30  This exemption commences when a municipal utility identifies

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

                                  41

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  exemption no longer applies when the contract for sale,

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

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

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

 5  active consideration. The exemption in this paragraph includes

 6  the bid documents actually furnished in response to the

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

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

 9  customer or prospective customer.

10         (aa)  Upon a request made in a form designated by the

11  Department of Highway Safety and Motor Vehicles, personal

12  information contained in a motor vehicle record that

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

14  24(a), Art. I of the State Constitution except as provided in

15  this paragraph. Personal information includes, but is not

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

17  identification number, name, address, telephone number, and

18  medical or disability information.  For purposes of this

19  paragraph, personal information does not include information

20  relating to vehicular crashes, driving violations, and

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

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

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

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

25  vehicle title, motor vehicle registration, or identification

26  card issued by the Department of Highway Safety and Motor

27  Vehicles. Personal information contained in motor vehicle

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

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

30  following uses:

31  

                                  42

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

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

 3  vehicle product alterations, recalls, or advisories;

 4  performance monitoring of motor vehicles and dealers by motor

 5  vehicle manufacturers; and removal of nonowner records from

 6  the original owner records of motor vehicle manufacturers, to

 7  carry out the purposes of the Automobile Information

 8  Disclosure Act, the Motor Vehicle Information and Cost Saving

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

10  1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

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

12  court or law enforcement agency, in carrying out its

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

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

15  functions.

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

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

18  vehicle product alterations, recalls, or advisories;

19  performance monitoring of motor vehicles, motor vehicle parts,

20  and dealers; motor vehicle market research activities,

21  including survey research; and removal of nonowner records

22  from the original owner records of motor vehicle

23  manufacturers.

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

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

26  but only:

27         a.  To verify the accuracy of personal information

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

29  employees, or contractors; and

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

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

                                  43

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

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

 3  interest against, the individual.

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

 5  administrative, or arbitral proceeding in any court or agency

 6  or before any self-regulatory body for:

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

 8  special process server, or other person authorized to serve

 9  process in this state.

10         b.  Investigation in anticipation of litigation by an

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

12  of the attorney.

13         c.  Investigation by any person in connection with any

14  filed proceeding.

15         d.  Execution or enforcement of judgments and orders.

16         e.  Compliance with an order of any court.

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

18  producing statistical reports, so long as the personal

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

20  individuals.

21         7.  For use by any insurer or insurance support

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

23  employees, or contractors, in connection with claims

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

25  underwriting.

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

27  or impounded vehicles.

28         9.  For use by any licensed private investigative

29  agency or licensed security service for any purpose permitted

30  under this paragraph. Personal information obtained based on

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

                                  44

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

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

 3  of the investigation.

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

 5  obtain or verify information relating to a holder of a

 6  commercial driver's license that is required under the

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

 8  2710 et seq.

 9         11.  For use in connection with the operation of

10  private toll transportation facilities.

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

12  solicitations when the department has implemented methods and

13  procedures to ensure that:

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

15  and conspicuous manner, to prohibit such uses; and

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

17  solely for bulk distribution for survey, marketing, and

18  solicitations, and that surveys, marketing, and solicitations

19  will not be directed at those individuals who have timely

20  requested that they not be directed at them.

21         13.  For any use if the requesting person demonstrates

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

23  who is the subject of the motor vehicle record.

24         14.  For any other use specifically authorized by state

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

26  vehicle or public safety.

27  

28  Personal information exempted from public disclosure according

29  to this paragraph may be disclosed by the Department of

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

31  corporation, or similar business entity whose primary business

                                  45

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  interest is to resell or redisclose the personal information

 2  to persons who are authorized to receive such information.

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

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

 5  must first enter into a contract with the department regarding

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

 7  ensure compliance with the federal Driver's Privacy Protection

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

 9  of personal information contained in a motor vehicle record,

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

11  the Department of Highway Safety and Motor Vehicles to resell

12  or redisclose the information for any use permitted under this

13  paragraph. However, only authorized recipients of personal

14  information under subparagraph 12. may resell or redisclose

15  personal information pursuant to subparagraph 12. Any

16  authorized recipient who resells or rediscloses personal

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

18  identifying each person or entity that receives the personal

19  information and the permitted purpose for which it will be

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

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

22  carry out the purposes of this paragraph and the federal

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

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

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

26  personal information pursuant to this paragraph, shall require

27  the meeting of conditions by the requesting person for the

28  purposes of obtaining reasonable assurance concerning the

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

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

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

                                  46

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  personal information has been obtained. Such conditions may

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

 3  a written application in such form and containing such

 4  information and certification requirements as the department

 5  requires.

 6         (bb)1.  Medical history records, bank account numbers,

 7  credit card numbers, telephone numbers, and information

 8  related to health or property insurance furnished by an

 9  individual to any agency pursuant to federal, state, or local

10  housing assistance programs are confidential and exempt from

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

12  State Constitution. Any other information produced or received

13  by any private or public entity in direct connection with

14  federal, state, or local housing assistance programs, unless

15  the subject of another federal or state exemption, is subject

16  to subsection (1).

17         2.  Governmental agencies or their agents are entitled

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

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

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

21  agency, as needed, in any administrative or judicial

22  proceeding, provided such records are kept confidential and

23  exempt, unless otherwise ordered by a court.

24         3.  This paragraph is repealed effective October 2,

25  2003, and must be reviewed by the Legislature before that date

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

27  Review Act of 1995.

28         (cc)  All personal identifying information; bank

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

30  contained in records relating to an individual's personal

31  health or eligibility for health-related services made or

                                  47

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  received by the Department of Health or its service providers

 2  are confidential and exempt from the provisions of subsection

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

 4  otherwise provided in this paragraph.  Information made

 5  confidential and exempt by this paragraph shall be disclosed:

 6         1.  With the express written consent of the individual

 7  or the individual's legally authorized representative.

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

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

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

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

12  the records or data pursuant to a research protocol approved

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

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

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

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

17  department may deny a request for records or data if the

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

19  been approved by a human studies institutional review board,

20  does not plan for the destruction of confidential records

21  after the research is concluded, is administratively

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

23  must restrict the release of any information, which would

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

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

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

27  issued pursuant to this subparagraph remain the property of

28  the department.

29  

30  This paragraph is subject to the Open Government Sunset Review

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

                                  48

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  repeal through reenactment by the Legislature.

 3         (dd)  Bank account numbers and debit, charge, and

 4  credit card numbers held by an agency are exempt from

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

 6  This exemption applies to bank account numbers and debit,

 7  charge, and credit card numbers held by an agency before, on,

 8  or after the effective date of this exemption. This paragraph

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

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

11  2, 2007, unless reviewed and saved from repeal through

12  reenactment by the Legislature.

13         (ee)  Building plans, blueprints, schematic drawings,

14  and diagrams, including draft, preliminary, and final formats,

15  which depict the internal layout and structural elements of a

16  building, arena, stadium, water treatment facility, or other

17  structure owned or operated by an agency as defined in s.

18  119.011 are exempt from the provisions of subsection (1) and

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

20  applies to building plans, blueprints, schematic drawings, and

21  diagrams, including draft, preliminary, and final formats,

22  which depict the internal layout and structural elements of a

23  building, arena, stadium, water treatment facility, or other

24  structure owned or operated by an agency before, on, or after

25  the effective date of this act. Information made exempt by

26  this paragraph may be disclosed to another governmental entity

27  if disclosure is necessary for the receiving entity to perform

28  its duties and responsibilities; to a licensed architect,

29  engineer, or contractor who is performing work on or related

30  to the building, arena, stadium, water treatment facility, or

31  other structure owned or operated by an agency; or upon a

                                  49

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  showing of good cause before a court of competent

 2  jurisdiction.  The entities or persons receiving such

 3  information shall maintain the exempt status of the

 4  information. This paragraph is subject to the Open Government

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

 6  shall stand repealed on October 2, 2007, unless reviewed and

 7  reenacted by the Legislature.

 8         (ff)1.  Until January 1, 2006, if a social security

 9  number, made confidential and exempt pursuant to s. 119.0721

10  s. 119.072, created pursuant to s. 1, ch. 2002-256, passed

11  during the 2002 regular legislative session, or a complete

12  bank account, debit, charge, or credit card number made exempt

13  pursuant to paragraph (dd) s. 119.07(ee), created pursuant to

14  s. 1, ch. 2002-257, passed during the 2002 regular legislative

15  session, is or has been included in a court file, such number

16  may be included as part of the court record available for

17  public inspection and copying unless redaction is requested by

18  the holder of such number, or by the holder's attorney or

19  legal guardian, in a signed, legibly written request

20  specifying the case name, case number, document heading, and

21  page number. The request must be delivered by mail, facsimile,

22  electronic transmission, or in person to the clerk of the

23  circuit court. The clerk of the circuit court does not have a

24  duty to inquire beyond the written request to verify the

25  identity of a person requesting redaction.  A fee may not be

26  charged for the redaction of a social security number or a

27  bank account, debit, charge, or credit card number pursuant to

28  such request.

29         2.  Any person who prepares or files a document to be

30  recorded in the official records by the county recorder as

31  provided in chapter 28 may not include a person's social

                                  50

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  security number or complete bank account, debit, charge, or

 2  credit card number in that document unless otherwise expressly

 3  required by law. Until January 1, 2006, if a social security

 4  number or a complete bank account, debit, charge or credit

 5  card number is or has been included in a document presented to

 6  the county recorder for recording in the official records of

 7  the county, such number may be made available as part of the

 8  official record available for public inspection and copying.

 9  Any person, or his or her attorney or legal guardian, may

10  request that a county recorder remove from an image or copy of

11  an official record placed on a county recorder's publicly

12  available Internet website, or a publicly available Internet

13  website used by a county recorder to display public records

14  outside the office or otherwise made electronically available

15  outside the county recorder's office to the general public,

16  his or her social security number or complete bank account,

17  debit, charge, or credit card number contained in that

18  official record. Such request must be legibly written, signed

19  by the requester, and delivered by mail, facsimile, electronic

20  transmission, or in person to the county recorder. The request

21  must specify the identification page number of the document

22  that contains the number to be redacted. The county recorder

23  does not have a duty to inquire beyond the written request to

24  verify the identity of a person requesting redaction. A fee

25  may not be charged for redacting such numbers.

26         3.  Upon the effective date of this act, subsections

27  (3) and (4) of s. 119.0721 s. 119.072, do not apply to the

28  clerks of the circuit court or the county recorder with

29  respect to court records and official records.

30         4.  On January 1, 2006, and thereafter, the clerk of

31  the circuit court and the county recorder must keep complete

                                  51

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  bank account, debit, charge, and credit card numbers exempt as

 2  provided for in paragraph (dd) s. 119.07(3)(ee), and must keep

 3  social security numbers confidential and exempt as provided

 4  for in s. 119.0721 s. 119.072, without any person having to

 5  request redaction.

 6         (gg)  Any videotape or video signal which, under an

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

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

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

10         (7)(4)  Nothing in this section shall be construed to

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

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

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

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

15  information or records which may reveal the identity of a

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

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

18         (5)  An exemption from this section does not imply an

19  exemption from or exception to s. 286.011.  The exemption from

20  or exception to s. 286.011 must be expressly provided.

21         (8)(6)  Nothing in subsection (6) (3) or any other

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

23  General, the Office of Program Policy Analysis and Government

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

25  board of community college, school district, or special

26  district internal auditor to public records when such person

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

28  authorized audit, examination, or investigation. Such person

29  shall maintain the exempt or confidential status

30  confidentiality of a any public record records that is exempt

31  or are confidential or exempt from the provisions of

                                  52

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  the custodian custodians of that record those public records

 3  for public disclosure of such record violating

 4  confidentiality.

 5         (7)(a)  Any person or organization, including the

 6  Department of Children and Family Services, may petition the

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

 8  of Children and Family Services that pertain to investigations

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

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

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

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

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

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

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

16  the privacy right of other persons identified in the reports

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

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

19  need for citizens to know of and adequately evaluate the

20  actions of the Department of Children and Family Services and

21  the court system in providing vulnerable adults and children

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

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

24  39.202 and 415.107, which protect the name of any person

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

26  vulnerable adult.

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

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

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

30  immediate public release of records of the department which

31  pertain to the protective investigation. The petition must be

                                  53

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  personally served upon the child or vulnerable adult, the

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

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

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

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

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

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

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

 9  court has neither granted nor denied the petition within the

10  24-hour time period, the department may release to the public

11  summary information including:

12         1.  A confirmation that an investigation has been

13  conducted concerning the alleged victim.

14         2.  The dates and brief description of procedural

15  activities undertaken during the department's investigation.

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

17  each participant's recommendations made at the judicial

18  proceedings, and the rulings of the court.

19  

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

21  identifying information with respect to, any person identified

22  in any investigation. In making a determination to release

23  confidential information, the court shall balance the best

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

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

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

27  other persons identified in the reports against the public

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

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

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

31  of a child or a vulnerable adult.

                                  54

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  public access exists, the court shall direct that the

 3  department redact the name of and other identifying

 4  information with respect to any person identified in any

 5  protective investigation report until such time as the court

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

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

 8  abandonment.

 9         (9)(8)  The provisions of this section are not intended

10  to expand or limit the provisions of Rule 3.220, Florida Rules

11  of Criminal Procedure, regarding the right and extent of

12  discovery by the state or by a defendant in a criminal

13  prosecution or in collateral postconviction proceedings.  This

14  section may not be used by any inmate as the basis for failing

15  to timely litigate any postconviction action.

16         Section 9.  Section 119.08, Florida Statutes, is

17  repealed.

18         Section 10.  Section 119.084, Florida Statutes, is

19  amended to read:

20         119.084  Definitions; copyright of data processing

21  software created by governmental agencies; sale price and

22  licensing fee; access to public records; prohibited

23  contracts.--

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

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

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

27  person, partnership, corporation, or business entity.

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

29  routines used to employ and control the capabilities of data

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

31  systems, compilers, assemblers, utilities, library routines,

                                  55

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  maintenance routines, applications, and computer networking

 2  programs.

 3         (c)  "Proprietary software" means data processing

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

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

 6  copyrights for data processing software created by the agency

 7  and to enforce its rights pertaining to such copyrights,

 8  provided that the agency complies with the requirements of

 9  this section.

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

11  processing software created by the agency may sell or license

12  the copyrighted data processing software to any public agency

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

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

15  Proceeds from the sale or licensing of copyrighted data

16  processing software shall be deposited by the agency into a

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

18  purposes.  Counties, municipalities, and other political

19  subdivisions of the state may designate how such sale and

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

21  and the fee for the licensing of copyrighted data processing

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

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

24  processing software to an individual or entity solely for

25  application to information maintained or generated by the

26  agency that created the copyrighted data processing software

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

28         (b)  The provisions of this subsection are supplemental

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

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

31  

                                  56

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  secret laws and public records exemptions, agency use of

 3  proprietary software must not diminish the right of the public

 4  to inspect and copy a public record.

 5         (4)  An agency must consider when designing or

 6  acquiring an electronic recordkeeping system that such system

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

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

 9  Interchange.

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

11  electronic recordkeeping system shall provide to any person,

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

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

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

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

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

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

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

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

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

21  information not routinely developed or maintained by the

22  agency or that requires a substantial amount of manipulation

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

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

25  creation or maintenance of a public records database if that

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

27  the public records of that agency, including public records

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

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

30  impediment that as a practical matter makes it more difficult

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

                                  57

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

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

 3  costs charged by the agency.

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

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

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

 7  saved from repeal through reenactment by the Legislature.

 8         Section 11.  Sections 119.085 and 119.09, Florida

 9  Statutes, are repealed.

10         Section 12.  Section 119.10, Florida Statutes, is

11  amended to read:

12         119.10  Violation of chapter; penalties.--

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

14  this chapter is guilty of a noncriminal infraction, punishable

15  by fine not exceeding $500.

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

17  violating

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

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

20  provided in s. 775.082 or s. 775.083.

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

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

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

24  775.084.

25         Section 13.  Section 119.105, Florida Statutes, is

26  amended to read:

27         119.105  Protection of victims of crimes or

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

29  otherwise made exempt or confidential by general or special

30  law. Every person is allowed to examine nonexempt or

31  nonconfidential police reports. No person who inspects or

                                  58

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  copies police reports for the purpose of obtaining the names

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

 3  any information contained therein for any commercial

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

 5  reported crimes or accidents. Nothing herein shall prohibit

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

 7  use of such information for any other data collection or

 8  analysis purposes.

 9         Section 14.  Paragraph (a) of subsection (1) of section

10  120.55, Florida Statutes, is amended to read:

11         120.55  Publication.--

12         (1)  The Department of State shall:

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

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

15  Administrative Code shall contain Publish in a permanent

16  compilation entitled "Florida Administrative Code" all rules

17  adopted by each agency, citing the specific rulemaking

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

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

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

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

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

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

24  however, the department shall retain responsibility for the

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

26  the official compilation of the administrative rules of this

27  state.  The Department of State shall retain the copyright

28  over the Florida Administrative Code.

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

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

31  part thereof, or state university rules relating to internal

                                  59

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  personnel or business and finance shall not be published in

 2  the Florida Administrative Code. Exclusion from publication in

 3  the Florida Administrative Code shall not affect the validity

 4  or effectiveness of such rules.

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

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

 7  department, the department shall publish the address and

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

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

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

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

12         4.  Forms shall not be published in the Florida

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

14  dealings with the public, along with any accompanying

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

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

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

18  reference into the appropriate rule.  The reference shall

19  specifically state that the form is being incorporated by

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

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

22  obtained.

23         Section 15.  Paragraph (b) of subsection (2) of section

24  257.36, Florida Statutes, is amended to read:

25         257.36  Records and information management.--

26         (2)

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

28  shall remain in the agency transferring such record to the

29  division. When the Legislature transfers any duty or

30  responsibility of an agency to another agency, the receiving

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

                                  60

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  the public records associated with that transferred duty or

 2  responsibility, and shall be responsible for the records

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

 4  dissolved and the legislation dissolving that agency does not

 5  assign an existing agency as the custodian of public records

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

 7  custodian of public records for the dissolved agency, unless

 8  the Cabinet otherwise designates a custodian. The Cabinet or

 9  the agency designated by the Cabinet shall be responsible for

10  the records storage service charges of the division.

11         Section 16.  Subsection (5) of section 328.15, Florida

12  Statutes, is amended to read:

13         328.15  Notice of lien on vessel; recording.--

14         (5)  The Department of Highway Safety and Motor

15  Vehicles shall make such rules and regulations as it deems

16  necessary or proper for the effective administration of this

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

18  satisfaction of a lien be notarized. The department shall

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

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

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

22  satisfactions and shall keep a permanent record of such

23  notices of lien and satisfactions available for inspection by

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

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

26  $1, which certified copies shall be admissible in evidence in

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

28  same effect as certified copies of other public records.

29         Section 17.  Subsection (4) of section 372.5717,

30  Florida Statutes, is amended to read:

31  

                                  61

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         372.5717  Hunter safety course; requirements;

 2  penalty.--

 3         (4)  The commission shall issue a permanent hunter

 4  safety certification card to each person who successfully

 5  completes the hunter safety course.  The commission shall

 6  maintain permanent records of hunter safety certification

 7  cards issued and shall establish procedures for replacing lost

 8  or destroyed cards.

 9         Section 18.  Section 415.1071, Florida Statutes, is

10  created to read:

11         415.1071  Release of confidential information.--

12         (1)  Any person or organization, including the

13  Department of Children and Family Services, may petition the

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

15  of Children and Family Services that pertain to investigations

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

17  adult. The court shall determine if good cause exists for

18  public access to the records sought or a portion thereof. In

19  making this determination, the court shall balance the best

20  interest of the vulnerable adult who is the focus of the

21  investigation together with the privacy right of other persons

22  identified in the reports against the public interest. The

23  public interest in access to such records is reflected in s.

24  119.01(1), and includes the need for citizens to know of and

25  adequately evaluate the actions of the Department of Children

26  and Family Services and the court system in providing

27  vulnerable adults of this state with the protections

28  enumerated in s. 415.101. However, this subsection does not

29  contravene s. 415.107, which protects the name of any person

30  reporting the abuse, neglect, or exploitation of a vulnerable

31  adult.

                                  62

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         (2)  In cases involving serious bodily injury to a

 2  vulnerable adult, the Department of Children and Family

 3  Services may petition the court for an order for the immediate

 4  public release of records of the department which pertain to

 5  the protective investigation. The petition must be personally

 6  served upon the vulnerable adult, the legal guardian of that

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

 8  in the report of abuse, neglect, or exploitation. The court

 9  must determine if good cause exists for the public release of

10  the records sought no later than 24 hours, excluding

11  Saturdays, Sundays, and legal holidays, after the date the

12  department filed the petition with the court. If the court has

13  neigher granted nor denied the petition within the 24-hour

14  time period, the department may release to the public summary

15  information including:

16         (a)  A confirmation that an investigation has been

17  conducted concerning the alleged victim.

18         (b)  The dates and brief description of procedural

19  activities undertaken during the department's investigation.

20         (c)  The date of each judicial proceeding, a summary of

21  each participant's recommendations made at the judicial

22  proceeding, and the ruling of the court.

23  

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

25  identifying information with respect to, any person identified

26  in any investigation. In making a determination to release

27  confidential information, the court shall balance the best

28  interests of the vulnerable adult who is the focus of the

29  investigation together with the privacy rights of other

30  persons identified in the reports against the public interest

31  for access to public records. However, this paragraph does not

                                  63

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  contravene s. 415.107, which protects the name of any person

 2  reporting abuse, neglect, or exploitation of a vulnerable

 3  adult.

 4         (3)  When the court determines that good cause for

 5  public access exists, the court shall direct that the

 6  department redact the name of and other identifying

 7  information with respect to any person identified in any

 8  protective investigation report until such time as the court

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

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

11  exploitation.

12         Section 19.  Subsection (2) of section 560.121, Florida

13  Statutes, is amended to read:

14         560.121  Records; limited restrictions upon public

15  access.--

16         (2)  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 (6) of section 560.123, Florida

26  Statutes, is amended to read:

27         560.123  Florida control of money laundering in the

28  Money Transmitters' Code; reports of transactions involving

29  currency or monetary instruments; when required; purpose;

30  definitions; penalties; corpus delicti.--

31  

                                  64

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

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

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

 4  information contained in a report is known by the department

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

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

 7  from the date of receipt.

 8         Section 21.  Subsection (5) of section 560.129, Florida

 9  Statutes, is amended to read:

10         560.129  Confidentiality.--

11         (5)  Examination reports, investigatory records,

12  applications, and related information compiled by the

13  department, or photographic copies thereof, shall be retained

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

15  date that the examination or investigation ceases to be

16  active. Application records, and related information compiled

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

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

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

20         Section 22.  Subsection (3) of section 624.311, Florida

21  Statutes, is amended to read:

22         624.311  Records; reproductions; destruction.--

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

24  reproduce on film, or maintain in an electronic recordkeeping

25  system whereby each page will be reproduced in exact

26  conformity with the original, all financial records, financial

27  statements of domestic insurers, reports of business

28  transacted in this state by foreign insurers and alien

29  insurers, reports of examination of domestic insurers, and

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

31  may in its discretion select.

                                  65

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         Section 23.  Subsection (1) of section 624.312, Florida

 2  Statutes, is amended to read:

 3         624.312  Reproductions and certified copies of records

 4  as evidence.--

 5         (1)  Photographs or microphotographs in the form of

 6  film or prints, or other reproductions from an electronic

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

 8  624.311(3), or made under former s. 624.311(3) before October

 9  1, 1982, shall have the same force and effect as the originals

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

11  their admissibility in evidence.  Duly certified or

12  authenticated reproductions of such photographs or

13  microphotographs or reproductions from an electronic

14  recordkeeping system shall be as admissible in evidence as the

15  originals.

16         Section 24.  Subsection (2) of section 633.527, Florida

17  Statutes, is amended to read:

18         633.527  Records concerning applicant; extent of

19  confidentiality.--

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

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

22  date of the examination.

23         Section 25.  Subsection (8) of section 655.50, Florida

24  Statutes, is amended to read:

25         655.50  Florida Control of Money Laundering in

26  Financial Institutions Act; reports of transactions involving

27  currency or monetary instruments; when required; purpose;

28  definitions; penalties.--

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

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

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

                                  66

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




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

 2  department to be the subject of an existing criminal

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

 4  calendar years after receipt of the report.

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

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

 7  financial transactions, including all records required by 31

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

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

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

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

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

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

14  of an existing criminal proceeding, the report shall be

15  retained for a minimum of 10 calendar years after submission

16  of the report.

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

18  of all records of exemption for each designation of exempt

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

20  calendar years after termination of exempt status of such

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

22  that the customer or the transactions of the customer are the

23  subject of an existing criminal proceeding, the records shall

24  be retained for a minimum of 10 calendar years after

25  termination of exempt status of such customer.

26         Section 26.  Section 945.25, Florida Statutes, is

27  amended to read:

28         945.25  Records.--

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

30  Corrections to obtain and place in its permanent records

31  information as complete as practicable may be practicably

                                  67

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






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  available on every person who may be sentenced to supervision

 2  or incarceration under the jurisdiction of the department

 3  become subject to parole.  Such information shall be obtained

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

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

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

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

 8  person has been sentenced.

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

10         (c)  The terms of the sentence.

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

12  officers, the investigating officers, and the attorneys for

13  the person convicted.

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

15  been made.

16         (f)  Any social, physical, mental, psychiatric, or

17  criminal record of such person.

18         (2)  The department, in its discretion, shall also

19  obtain and place in its permanent records such information on

20  every person who may be placed on probation, and on every

21  person who may become subject to pardon and commutation of

22  sentence.

23         (2)(3)  It shall be the duty of the court and its

24  prosecuting officials to furnish to the department upon its

25  request such information and also to furnish such copies of

26  such minutes and other records as may be in their possession

27  or under their control.

28         (3)(4)  Following the initial hearing provided for in

29  s. 947.172(1), the commission shall prepare and the department

30  shall include in the official record a copy of the

31  seriousness-of-offense and favorable-parole-outcome scores and

                                  68

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  shall include a listing of the specific factors and

 2  information used in establishing a presumptive parole release

 3  date for the inmate.

 4         Section 27.  Paragraph (e) of subsection (4) of section

 5  985.31, Florida Statutes, is amended to read:

 6         985.31  Serious or habitual juvenile offender.--

 7         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

 8         (e)  The results of any serologic blood or urine test

 9  on a serious or habitual juvenile offender shall become a part

10  of that child's permanent medical file. Upon transfer of the

11  child to any other designated treatment facility, such file

12  shall be transferred in an envelope marked confidential. The

13  results of any test designed to identify the human

14  immunodeficiency virus, or its antigen or antibody, shall be

15  accessible only to persons designated by rule of the

16  department. The provisions of such rule shall be consistent

17  with the guidelines established by the Centers for Disease

18  Control and Prevention.

19         Section 28.  Paragraph (d) of subsection (6) of section

20  212.095, Florida Statutes, is repealed.

21         Section 29.  Subsection (9) of section 238.03, Florida

22  Statutes, is repealed.

23         Section 30.  Paragraph (a) of subsection (5) of section

24  15.09, Florida Statutes, is amended to read:

25         15.09  Fees.--

26         (5)(a)  There is created within the Department of State

27  a Public Access Data Systems Trust Fund, which shall be used

28  by the department to purchase information systems and

29  equipment that provide greater public accessibility to the

30  information and records maintained by it. Notwithstanding any

31  other provision of law, the Divisions of Licensing, Elections,

                                  69

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  and Corporations of the department shall transfer each fiscal

 2  year to the Public Access Data Systems Trust Fund from their

 3  respective trust funds:

 4         1.  An amount equal to 2 percent of all revenues

 5  received for the processing of documents, filings, or

 6  information requests.

 7         2.  All public access network revenues collected

 8  pursuant to s. 15.16 or s. 119.01(2)(f) 119.085.

 9         Section 31.  Paragraph (f) of subsection (1) of section

10  23.22, Florida Statutes, is amended to read:

11         23.22  Paperwork reduction; activities of

12  departments.--

13         (1)  In order to reduce the amount of paperwork

14  associated with the collection of information from

15  individuals, private-sector organizations, and local

16  governments and to provide more efficient and effective

17  assistance to such individuals and organizations in completing

18  necessary paperwork required by the government, each

19  department head shall, to the extent feasible:

20         (f)  Collaborate with the Division of Library and

21  Information Services, pursuant to s. 119.021(2)(d) 119.09, to

22  identify and index records retention requirements placed on

23  private-sector organizations and local governments in Florida,

24  clarify and reduce the requirements, and educate the affected

25  entities through various communications media, including

26  voice, data, video, radio, and image.

27         Section 32.  Paragraph (d) of subsection (1) of section

28  101.5607, Florida Statutes, is amended to read:

29         101.5607  Department of State to maintain voting system

30  information; prepare software.--

31         (1)

                                  70

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         (d)  Section 119.07(6)(3)(o) applies to all software on

 2  file with the Department of State.

 3         Section 33.  Paragraph (b) of subsection (2) of section

 4  112.533, Florida Statutes, is amended to read:

 5         112.533  Receipt and processing of complaints.--

 6         (2)

 7         (b)  This subsection does not apply to any public

 8  record which is exempt from public disclosure pursuant to s.

 9  119.07(6)(3). For the purposes of this subsection, an

10  investigation shall be considered active as long as it is

11  continuing with a reasonable, good faith anticipation that an

12  administrative finding will be made in the foreseeable future.

13  An investigation shall be presumed to be inactive if no

14  finding is made within 45 days after the complaint is filed.

15         Section 34.  Paragraph (e) of subsection (2) of section

16  1012.31, Florida Statutes, is amended to read:

17         1012.31  Personnel files.--Public school system

18  employee personnel files shall be maintained according to the

19  following provisions:

20         (2)

21         (e)  Upon request, an employee, or any person

22  designated in writing by the employee, shall be permitted to

23  examine the personnel file of such employee.  The employee

24  shall be permitted conveniently to reproduce any materials in

25  the file, at a cost no greater than the fees prescribed in s.

26  119.07(4)(1).

27         Section 35.  Subsection (1) of section 257.34, Florida

28  Statutes, is amended to read:

29         257.34  Florida International Archive and Repository.--

30         (1)  There is created within the Division of Library

31  and Information Services of the Department of State the

                                  71

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  Florida International Archive and Repository for the

 2  preservation of those public records, as defined in s.

 3  119.011(11)(1), manuscripts, international judgments involving

 4  disputes between domestic and foreign businesses, and all

 5  other public matters that the department or the Florida

 6  Council of International Development deems relevant to

 7  international issues. It is the duty and responsibility of the

 8  division to:

 9         (a)  Organize and administer the Florida International

10  Archive and Repository.

11         (b)  Preserve and administer records that are

12  transferred to its custody; accept, arrange, and preserve

13  them, according to approved archival and repository practices;

14  and permit them, at reasonable times and under the supervision

15  of the division, to be inspected, examined, and copied. All

16  public records transferred to the custody of the division are

17  subject to the provisions of s. 119.07(1).

18         (c)  Assist the records and information management

19  program in the determination of retention values for records.

20         (d)  Cooperate with and assist, insofar as practicable,

21  state institutions, departments, agencies, counties,

22  municipalities, and individuals engaged in internationally

23  related activities.

24         (e)  Provide a public research room where, under rules

25  established by the division, the materials in the

26  international archive and repository may be studied.

27         (f)  Conduct, promote, and encourage research in

28  international trade, government, and culture and maintain a

29  program of information, assistance, coordination, and guidance

30  for public officials, educational institutions, libraries, the

31  

                                  72

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  scholarly community, and the general public engaged in such

 2  research.

 3         (g)  Cooperate with and, insofar as practicable, assist

 4  agencies, libraries, institutions, and individuals in projects

 5  concerned with internationally related issues and preserve

 6  original materials relating to internationally related issues.

 7         (h)  Assist and cooperate with the records and

 8  information management program in the training and information

 9  program described in s. 257.36(1)(g).

10         Section 36.  Subsection (1) of section 257.35, Florida

11  Statutes, is amended to read:

12         257.35  Florida State Archives.--

13         (1)  There is created within the Division of Library

14  and Information Services of the Department of State the

15  Florida State Archives for the preservation of those public

16  records, as defined in s. 119.011(11)(1), manuscripts, and

17  other archival material that have been determined by the

18  division to have sufficient historical or other value to

19  warrant their continued preservation and have been accepted by

20  the division for deposit in its custody. It is the duty and

21  responsibility of the division to:

22         (a)  Organize and administer the Florida State

23  Archives.

24         (b)  Preserve and administer such records as shall be

25  transferred to its custody; accept, arrange, and preserve

26  them, according to approved archival practices; and permit

27  them, at reasonable times and under the supervision of the

28  division, to be inspected, examined, and copied.  All public

29  records transferred to the custody of the division shall be

30  subject to the provisions of s. 119.07(1), except that any

31  public record or other record provided by law to be

                                  73

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  confidential or prohibited from inspection by the public shall

 2  be made accessible only after a period of 50 years from the

 3  date of the creation of the record.  Any nonpublic manuscript

 4  or other archival material which is placed in the keeping of

 5  the division under special terms and conditions, shall be made

 6  accessible only in accordance with such law terms and

 7  conditions and shall be exempt from the provisions of s.

 8  119.07(1) to the extent necessary to meet the terms and

 9  conditions for a nonpublic manuscript or other archival

10  material.

11         (c)  Assist the records and information management

12  program in the determination of retention values for records.

13         (d)  Cooperate with and assist insofar as practicable

14  state institutions, departments, agencies, counties,

15  municipalities, and individuals engaged in activities in the

16  field of state archives, manuscripts, and history and accept

17  from any person any paper, book, record, or similar material

18  which in the judgment of the division warrants preservation in

19  the state archives.

20         (e)  Provide a public research room where, under rules

21  established by the division, the materials in the state

22  archives may be studied.

23         (f)  Conduct, promote, and encourage research in

24  Florida history, government, and culture and maintain a

25  program of information, assistance, coordination, and guidance

26  for public officials, educational institutions, libraries, the

27  scholarly community, and the general public engaged in such

28  research.

29         (g)  Cooperate with and, insofar as practicable, assist

30  agencies, libraries, institutions, and individuals in projects

31  designed to preserve original source materials relating to

                                  74

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  Florida history, government, and culture and prepare and

 2  publish handbooks, guides, indexes, and other literature

 3  directed toward encouraging the preservation and use of the

 4  state's documentary resources.

 5         (h)  Encourage and initiate efforts to preserve,

 6  collect, process, transcribe, index, and research the oral

 7  history of Florida government.

 8         (i)  Assist and cooperate with the records and

 9  information management program in the training and information

10  program described in s. 257.36(1)(g).

11         Section 37.  Section 282.21, Florida Statutes, is

12  amended to read:

13         282.21  The State Technology Office's electronic access

14  services.--The State Technology Office may collect fees for

15  providing remote electronic access pursuant to s. 119.01(2)(f)

16  119.085. The fees may be imposed on individual transactions or

17  as a fixed subscription for a designated period of time.  All

18  fees collected under this section shall be deposited in the

19  appropriate trust fund of the program or activity that made

20  the remote electronic access available.

21         Section 38.  Paragraph (h) of subsection (2) of section

22  287.0943, Florida Statutes, is amended to read:

23         287.0943  Certification of minority business

24  enterprises.--

25         (2)

26         (h)  The certification procedures should allow an

27  applicant seeking certification to designate on the

28  application form the information the applicant considers to be

29  proprietary, confidential business information. As used in

30  this paragraph, "proprietary, confidential business

31  information" includes, but is not limited to, any information

                                  75

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  that would be exempt from public inspection pursuant to the

 2  provisions of s. 119.07(6)(3); trade secrets; internal

 3  auditing controls and reports; contract costs; or other

 4  information the disclosure of which would injure the affected

 5  party in the marketplace or otherwise violate s. 286.041. The

 6  executor in receipt of the application shall issue written and

 7  final notice of any information for which noninspection is

 8  requested but not provided for by law.

 9         Section 39.  Subsection (1) of section 320.05, Florida

10  Statutes, is amended to read:

11         320.05  Records of the department; inspection

12  procedure; lists and searches; fees.--

13         (1)  Except as provided in ss. 119.07(6)(3) and

14  320.025(3), the department may release records as provided in

15  this section.

16         Section 40.  Subsection (8) of section 322.20, Florida

17  Statutes, is amended to read:

18         322.20  Records of the department; fees; destruction of

19  records.--

20         (8)  Except as provided in s. 119.07(6)(3), the

21  department may release records as provided in this section.

22         Section 41.  Paragraph (b) of subsection (2) of section

23  338.223, Florida Statutes, is amended to read:

24         338.223  Proposed turnpike projects.--

25         (2)

26         (b)  In accordance with the legislative intent

27  expressed in s. 337.273, and after the requirements of

28  paragraph (1)(c) have been met, the department may acquire

29  lands and property before making a final determination of the

30  economic feasibility of a project. The requirements of

31  paragraph (1)(c) do not apply to hardship and protective

                                  76

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  purchases of advance right-of-way by the department. The cost

 2  of advance acquisition of right-of-way may be paid from bonds

 3  issued under s. 337.276 or from turnpike revenues. For

 4  purposes of this paragraph, the term "hardship purchase" means

 5  purchase from a property owner of a residential dwelling of

 6  not more than four units who is at a disadvantage due to

 7  health impairment, job loss, or significant loss of rental

 8  income. For purposes of this paragraph, the term "protective

 9  purchase" means that a purchase to limit development,

10  building, or other intensification of land uses within the

11  area right-of-way is needed for transportation facilities. The

12  department shall give written notice to the Department of

13  Environmental Protection 30 days before final agency

14  acceptance as set forth in s. 119.07(6)(3)(n), which notice

15  shall allow the Department of Environmental Protection to

16  comment. Hardship and protective purchases of right-of-way

17  shall not influence the environmental feasibility of a

18  project, including the decision relative to the need to

19  construct the project or the selection of a specific location.

20  Costs to acquire and dispose of property acquired as hardship

21  and protective purchases are considered costs of doing

22  business for the department and are not to be considered in

23  the determination of environmental feasibility for the

24  project.

25         Section 42.  Paragraph (a) of subsection (1) of section

26  378.406, Florida Statutes, is amended to read:

27         378.406  Confidentiality of records; availability of

28  information.--

29         (1)(a)  Any information relating to prospecting, rock

30  grades, or secret processes or methods of operation which may

31  be required, ascertained, or discovered by inspection or

                                  77

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  investigation shall be exempt from the provisions of s.

 2  119.07(1), shall not be disclosed in public hearings, and

 3  shall be kept confidential by any member, officer, or employee

 4  of the department, if the applicant requests the department to

 5  keep such information confidential and informs the department

 6  of the basis for such confidentiality. Should the secretary

 7  determine that such information requested to be kept

 8  confidential shall not be kept confidential, the secretary

 9  shall provide the operator with not less than 30 days' notice

10  of his or her intent to release the information. When making

11  his or her determination, the secretary shall consider the

12  public purposes specified in s. 119.15(4)(b) 119.14(4)(b).

13         Section 43.  Paragraph (c) of subsection (1) of section

14  400.0077, Florida Statutes, is amended to read:

15         400.0077  Confidentiality.--

16         (1)  The following are confidential and exempt from the

17  provisions of s. 119.07(1):

18         (c)  Any other information about a complaint, including

19  any problem identified by an ombudsman council as a result of

20  an investigation, unless an ombudsman council determines that

21  the information does not meet any of the criteria specified in

22  s. 119.15(4)(b) 119.14(4)(b); or unless the information is to

23  collect data for submission to those entities specified in s.

24  712(c) of the federal Older Americans Act for the purpose of

25  identifying and resolving significant problems.

26         Section 44.  Subsection (5) of section 401.27, Florida

27  Statutes, is amended to read:

28         401.27  Personnel; standards and certification.--

29         (5)  The certification examination must be offered

30  monthly.  The department shall issue an examination admission

31  notice to the applicant advising him or her of the time and

                                  78

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  place of the examination for which he or she is scheduled.

 2  Individuals achieving a passing score on the certification

 3  examination may be issued a temporary certificate with their

 4  examination grade report.  The department must issue an

 5  original certification within 45 days after the examination.

 6  Examination questions and answers are not subject to discovery

 7  but may be introduced into evidence and considered only in

 8  camera in any administrative proceeding under chapter 120. If

 9  an administrative hearing is held, the department shall

10  provide challenged examination questions and answers to the

11  administrative law judge. The department shall establish by

12  rule the procedure by which an applicant, and the applicant's

13  attorney, may review examination questions and answers in

14  accordance with s. 119.07(6)(3)(a).

15         Section 45.  Subsection (1) of section 403.111, Florida

16  Statutes, is amended to read:

17         403.111  Confidential records.--

18         (1)  Any information, other than effluent data and

19  those records described in 42 U.S.C. s. 7661a(b)(8), relating

20  to secret processes or secret methods of manufacture or

21  production, or relating to costs of production, profits, or

22  other financial information which is otherwise not public

23  record, which may be required, ascertained, or discovered by

24  inspection or investigation shall be exempt from the

25  provisions of s. 119.07(1), shall not be disclosed in public

26  hearings, and shall be kept confidential by any member,

27  officer, or employee of the department, upon a showing

28  satisfactory to the department that the information should be

29  kept confidential.  The person from whom the information is

30  obtained must request that the department keep such

31  information confidential and must inform the department of the

                                  79

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  basis for the claim of confidentiality.  The department shall,

 2  subject to notice and opportunity for hearing, determine

 3  whether the information requested to be kept confidential

 4  should or should not be kept confidential.  The department

 5  shall determine whether the information submitted should be

 6  kept confidential pursuant to the public purpose test as

 7  stated in s. 119.15(4)(b)3. 119.14(4)(b)3.

 8         Section 46.  Section 409.2577, Florida Statutes, is

 9  amended to read:

10         409.2577  Parent locator service.--The department shall

11  establish a parent locator service to assist in locating

12  parents who have deserted their children and other persons

13  liable for support of dependent children.  The department

14  shall use all sources of information available, including the

15  Federal Parent Locator Service, and may request and shall

16  receive information from the records of any person or the

17  state or any of its political subdivisions or any officer

18  thereof. Any agency as defined in s. 120.52, any political

19  subdivision, and any other person shall, upon request, provide

20  the department any information relating to location, salary,

21  insurance, social security, income tax, and employment history

22  necessary to locate parents who owe or potentially owe a duty

23  of support pursuant to Title IV-D of the Social Security Act.

24  This provision shall expressly take precedence over any other

25  statutory nondisclosure provision which limits the ability of

26  an agency to disclose such information, except that law

27  enforcement information as provided in s. 119.07(6)(3)(i) is

28  not required to be disclosed, and except that confidential

29  taxpayer information possessed by the Department of Revenue

30  shall be disclosed only to the extent authorized in s.

31  213.053(15).  Nothing in this section requires the disclosure

                                  80

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  of information if such disclosure is prohibited by federal

 2  law. Information gathered or used by the parent locator

 3  service is confidential and exempt from the provisions of s.

 4  119.07(1). Additionally, the department is authorized to

 5  collect any additional information directly bearing on the

 6  identity and whereabouts of a person owing or asserted to be

 7  owing an obligation of support for a dependent child. The

 8  department shall, upon request, make information available

 9  only to public officials and agencies of this state; political

10  subdivisions of this state, including any agency thereof

11  providing child support enforcement services to non-Title IV-D

12  clients; the custodial parent, legal guardian, attorney, or

13  agent of the child; and other states seeking to locate parents

14  who have deserted their children and other persons liable for

15  support of dependents, for the sole purpose of establishing,

16  modifying, or enforcing their liability for support, and shall

17  make such information available to the Department of Children

18  and Family Services for the purpose of diligent search

19  activities pursuant to chapter 39. If the department has

20  reasonable evidence of domestic violence or child abuse and

21  the disclosure of information could be harmful to the

22  custodial parent or the child of such parent, the child

23  support program director or designee shall notify the

24  Department of Children and Family Services and the Secretary

25  of the United States Department of Health and Human Services

26  of this evidence. Such evidence is sufficient grounds for the

27  department to disapprove an application for location services.

28         Section 47.  Subsection (6) of section 455.219, Florida

29  Statutes, is amended to read:

30         455.219  Fees; receipts; disposition; periodic

31  management reports.--

                                  81

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         (6)  The department or the appropriate board shall

 2  charge a fee not to exceed $25 for the certification of a

 3  public record.  The fee shall be determined by rule of the

 4  department. The department or the appropriate board shall

 5  assess a fee for duplication of a public record as provided in

 6  s. 119.07(4)(1)(a) and (b).

 7         Section 48.  Subsection (11) of section 456.025,

 8  Florida Statutes, is amended to read:

 9         456.025  Fees; receipts; disposition.--

10         (11)  The department or the appropriate board shall

11  charge a fee not to exceed $25 for the certification of a

12  public record. The fee shall be determined by rule of the

13  department. The department or the appropriate board shall

14  assess a fee for duplicating a public record as provided in s.

15  119.07(4)(1)(a) and (b).

16         Section 49.  Paragraph (l) of subsection (3) of section

17  627.311, Florida Statutes, is amended to read:

18         627.311  Joint underwriters and joint reinsurers.--

19         (3)  The department may, after consultation with

20  insurers licensed to write automobile insurance in this state,

21  approve a joint underwriting plan for purposes of equitable

22  apportionment or sharing among insurers of automobile

23  liability insurance and other motor vehicle insurance, as an

24  alternate to the plan required in s. 627.351(1).  All insurers

25  authorized to write automobile insurance in this state shall

26  subscribe to the plan and participate therein.  The plan shall

27  be subject to continuous review by the department which may at

28  any time disapprove the entire plan or any part thereof if it

29  determines that conditions have changed since prior approval

30  and that in view of the purposes of the plan changes are

31  warranted. Any disapproval by the department shall be subject

                                  82

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  to the provisions of chapter 120.  If adopted, the plan and

 2  the association created under the plan:

 3         (l)1.  Shall be subject to the public records

 4  requirements of chapter 119 and the public meeting

 5  requirements of s. 286.011.  However, the following records of

 6  the Florida Automobile Joint Underwriting Association are

 7  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

 8  of the State Constitution:

 9         a.  Underwriting files, except that a policyholder or

10  an applicant shall have access to his or her own underwriting

11  files.

12         b.  Claims files, until termination of all litigation

13  and settlement of all claims arising out of the same incident,

14  although portions of the claims files may remain exempt, as

15  otherwise provided by law. Confidential and exempt claims file

16  records may be released to other governmental agencies upon

17  written request and demonstration of need; such records held

18  by the receiving agency remain confidential and exempt as

19  provided by this paragraph.

20         c.  Records obtained or generated by an internal

21  auditor pursuant to a routine audit, until the audit is

22  completed or, if the audit is conducted as part of an

23  investigation, until the investigation is closed or ceases to

24  be active.  An investigation is considered "active" while the

25  investigation is being conducted with a reasonable, good faith

26  belief that it could lead to the filing of administrative,

27  civil, or criminal proceedings.

28         d.  Matters reasonably encompassed in privileged

29  attorney-client communications.

30  

31  

                                  83

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 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

                                  84

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 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  

                                  85

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  repealed on October 2, 2003, unless reviewed and saved from

 2  repeal through reenactment by the Legislature.

 3         Section 50.  Paragraph (n) of subsection (6) of section

 4  627.351, Florida Statutes, is amended to read:

 5         627.351  Insurance risk apportionment plans.--

 6         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

 7         (n)1.  The following records of the corporation are

 8  confidential and exempt from the provisions of s. 119.07(1)

 9  and s. 24(a), Art. I of the State Constitution:

10         a.  Underwriting files, except that a policyholder or

11  an applicant shall have access to his or her own underwriting

12  files.

13         b.  Claims files, until termination of all litigation

14  and settlement of all claims arising out of the same incident,

15  although portions of the claims files may remain exempt, as

16  otherwise provided by law. Confidential and exempt claims file

17  records may be released to other governmental agencies upon

18  written request and demonstration of need; such records held

19  by the receiving agency remain confidential and exempt as

20  provided for herein.

21         c.  Records obtained or generated by an internal

22  auditor pursuant to a routine audit, until the audit is

23  completed, or if the audit is conducted as part of an

24  investigation, until the investigation is closed or ceases to

25  be active.  An investigation is considered "active" while the

26  investigation is being conducted with a reasonable, good faith

27  belief that it could lead to the filing of administrative,

28  civil, or criminal proceedings.

29         d.  Matters reasonably encompassed in privileged

30  attorney-client communications.

31  

                                  86

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         e.  Proprietary information licensed to the corporation

 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 a corporation 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 corporation, relevant underwriting files and

30  confidential claims files may be released to the insurer

31  provided the insurer agrees in writing, notarized and under

                                  87

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 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 corporation 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 corporation are exempt

22  from the provisions of s. 286.011 and s. 24(b), Art. I of the

23  State Constitution wherein confidential underwriting files or

24  confidential open claims files are discussed.  All portions of

25  corporation meetings which are closed to the public shall be

26  recorded by a court reporter. The court reporter shall record

27  the times of commencement and termination of the meeting, all

28  discussion and proceedings, the names of all persons present

29  at any time, and the names of all persons speaking.  No

30  portion of any closed meeting shall be off the record.

31  Subject to the provisions hereof and s.

                                  88

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  119.07(1)(b)-(d)(2)(a), the court reporter's notes of any

 2  closed meeting shall be retained by the corporation for a

 3  minimum of 5 years. A copy of the transcript, less any exempt

 4  matters, of any closed meeting wherein claims are discussed

 5  shall become public as to individual claims after settlement

 6  of the claim.

 7         Section 51.  Subsection (1) of section 633.527, Florida

 8  Statutes, is amended to read:

 9         633.527  Records concerning applicant; extent of

10  confidentiality.--

11         (1)  Test material is made confidential by s.

12  119.07(6)(3)(a). An applicant may waive in writing the

13  confidentiality of his or her examination answer sheet for the

14  purpose of discussion with the State Fire Marshal or his or

15  her staff.

16         Section 52.  Paragraph (m) of subsection (2) of section

17  668.50, Florida Statutes, is amended to read:

18         668.50  Uniform Electronic Transaction Act.--

19         (2)  DEFINITIONS.--As used in this section:

20         (m)  "Record" means information that is inscribed on a

21  tangible medium or that is stored in an electronic or other

22  medium and is retrievable in perceivable form, including

23  public records as defined in s. 119.011(11)(1).

24         Section 53.  Subsection (1) of section 794.024, Florida

25  Statutes, is amended to read:

26         794.024  Unlawful to disclose identifying

27  information.--

28         (1)  A public employee or officer who has access to the

29  photograph, name, or address of a person who is alleged to be

30  the victim of an offense described in this chapter, chapter

31  800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and

                                  89

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  knowingly disclose it to a person who is not assisting in the

 2  investigation or prosecution of the alleged offense or to any

 3  person other than the defendant, the defendant's attorney, a

 4  person specified in an order entered by the court having

 5  jurisdiction of the alleged offense, or organizations

 6  authorized to receive such information made exempt by s.

 7  119.07(6)(3)(f), or to a rape crisis center or sexual assault

 8  counselor, as defined in s. 90.5035(1)(b), who will be

 9  offering services to the victim.

10         Section 54.  For the purpose of incorporating the

11  amendments to section 945.25, Florida Statutes, in a reference

12  thereto, paragraph (a) of subsection (2) of section 947.13,

13  Florida Statutes, is reenacted to read:

14         947.13  Powers and duties of commission.--

15         (2)(a)  The commission shall immediately examine

16  records of the department under s. 945.25, and any other

17  records which it obtains, and may make such other

18  investigations as may be necessary.

19         Section 55.  Section 430.015, Florida Statutes, is

20  repealed.

21         Section 56.  Section 440.132, Florida Statutes, is

22  amended to read:

23         440.132  Investigatory records relating to workers'

24  compensation managed care arrangements; confidentiality.--

25         (1)  All investigatory records of the Agency for Health

26  Care Administration made or received pursuant to s. 440.134

27  and any examination records necessary to complete an

28  investigation are confidential and exempt from the provisions

29  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

30  until the investigation is completed or ceases to be active,

31  except that portions of medical records which specifically

                                  90

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  identify patients must remain confidential and exempt. An

 2  investigation is considered "active" while such investigation

 3  is being conducted by the agency with a reasonable, good faith

 4  belief that it may lead to the filing of administrative,

 5  civil, or criminal proceedings. An investigation does not

 6  cease to be active if the agency is proceeding with reasonable

 7  dispatch and there is good faith belief that action may be

 8  initiated by the agency or other administrative or law

 9  enforcement agency.

10         (2)  The Legislature finds that it is a public

11  necessity that these investigatory and examination records be

12  held confidential and exempt during an investigation in order

13  not to compromise the investigation and disseminate

14  potentially inaccurate information. To the extent this

15  information is made available to the public, those persons

16  being investigated will have access to such information which

17  would potentially defeat the purpose of the investigation.

18  This would impede the effective and efficient operation of

19  investigatory governmental functions.

20         Section 57.  Sections 723.0065, 768.301, and 815.045,

21  Florida Statutes, are repealed.

22         Section 58.  Paragraph (a) of subsection (7) of section

23  943.031, Florida Statutes, is amended to read:

24         943.031  Florida Violent Crime and Drug Control

25  Council.--The Legislature finds that there is a need to

26  develop and implement a statewide strategy to address violent

27  criminal activity and drug control efforts by state and local

28  law enforcement agencies, including investigations of illicit

29  money laundering. In recognition of this need, the Florida

30  Violent Crime and Drug Control Council is created within the

31  

                                  91

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1  department. The council shall serve in an advisory capacity to

 2  the department.

 3         (7)  CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL

 4  MEETINGS AND RECORDS.--

 5         (a)1.  The Legislature finds that during limited

 6  portions of the meetings of the Florida Violent Crime and Drug

 7  Control Council it is necessary that the council be presented

 8  with and discuss details, information, and documents related

 9  to active criminal investigations or matters constituting

10  active criminal intelligence, as those concepts are defined by

11  s. 119.011. These presentations and discussions are necessary

12  for the council to make its funding decisions as required by

13  the Legislature. The Legislature finds that to reveal the

14  contents of documents containing active criminal investigative

15  or intelligence information or to allow active criminal

16  investigative or active criminal intelligence matters to be

17  discussed in a meeting open to the public negatively impacts

18  the ability of law enforcement agencies to efficiently

19  continue their investigative or intelligence gathering

20  activities. The Legislature finds that information coming

21  before the council that pertains to active criminal

22  investigations or intelligence should remain confidential and

23  exempt from public disclosure. The Legislature finds that the

24  Florida Violent Crime and Drug Control Council may, by

25  declaring only those portions of council meetings in which

26  active criminal investigative or active criminal intelligence

27  information is to be presented or discussed closed to the

28  public, assure an appropriate balance between the policy of

29  this state that meetings be public and the policy of this

30  state to facilitate efficient law enforcement efforts.

31  

                                  92

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2684
    302-2288-03




 1         2.  The Legislature finds that it is a public necessity

 2  that portions of the meetings of the Florida Violent Crime and

 3  Drug Control Council be closed when the confidential details,

 4  information, and documents related to active criminal

 5  investigations or matters constituting active criminal

 6  intelligence are discussed. The Legislature further finds that

 7  it is no less a public necessity that portions of public

 8  records generated at closed council meetings, such as tape

 9  recordings, minutes, and notes, memorializing the discussions

10  regarding such confidential details, information, and

11  documents related to active criminal investigations or matters

12  constituting active criminal intelligence, also shall be held

13  confidential.

14         Section 59.  This act shall take effect July 1, 2003.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                             SB 2684

18                                 

19  Deletes from the Florida Statues a number of sections that
    contain statements of public necessity. The exemptions remain
20  in the statutes. The statements of public necessity remain in
    the Laws of Florida.
21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  93

CODING: Words stricken are deletions; words underlined are additions.