HB 1731

1	A bill to be entitled
2	An act relating to public records and public meetings;
3	amending s. 119.01, F.S.; clarifying general state policy
4	on public records; amending s. 119.07, F.S.; conforming
5	cross references; making editorial and conforming changes;
6	transferring exemptions from public records requirements
7	under said section to indicated sections of Florida
8	Statutes; amending s. 119.071, F.S.; transferring
9	exemptions from public records requirements under s.
10	119.07(6), F.S., to said section and reorganizing the
11	exemptions under the classifications of "Agency
12	Administration," "Agency Investigations," "Security,"
13	"Agency Personnel Information," and "Other Personal
14	Information"; making editorial and conforming changes;
15	transferring and amending s. 119.0721, F.S.; transferring
16	exemptions provided for social security numbers to s.
17	119.071, F.S.; making editorial and conforming changes;
18	deleting obsolete language; creating s. 119.0711, F.S.;
19	transferring exemptions under s. 119.07(6), F.S., to said
20	section and reorganizing the exemptions under the
21	classification of "Executive Branch Agency Exemptions from
22	Inspection and Copying of Public Records"; making
23	editorial and conforming changes; creating s. 119.0712,
24	F.S.; transferring exemptions under s. 119.07(6), F.S., to
25	said section and reorganizing the exemptions under the
26	classification of "Executive Branch Agency-Specific
27	Exemptions from Inspection and Copying of Public Records";
28	making editorial and conforming changes; creating s.
29	119.0713, F.S.; transferring exemptions under s.
30	119.07(6), F.S., to said section and reorganizing the
31	exemptions under the classification of "Local Government
32	Branch Agency Exemptions from Inspection and Copying of
33	Public Records"; making editorial and conforming changes;
34	amending s. 119.15, F.S.; revising standards and
35	guidelines for the review and repeal of exemptions from
36	public records and public meetings requirements pursuant
37	to the Open Government Sunset Review Act; making editorial
38	and conforming changes; creating s. 112.31891, F.S.;
39	transferring exemptions under s. 119.07(6), F.S., to said
40	section and reorganizing the exemptions under the
41	classification of "Investigatory Records"; making
42	editorial and conforming changes; creating s. 27.7081,
43	F.S.; transferring provisions relating to capital
44	postconviction public records production under s. 119.19,
45	F.S., to said section; amending ss. 27.708, 101.5607,
46	112.533, 119.011, 286.0113, 287.0943, 320.05, 322.20,
47	338.223, 401.27, 409.2577, 633.527, 794.024, and 1007.35,
48	F.S.; correcting cross references; providing an effective
49	date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Subsection (1) of section 119.01, Florida
54	Statutes, is amended to read:
55	119.01  General state policy on public records.--
56	(1)  It is the policy of this state that all state, county,
57	and municipal records are open for personal inspection and
58	copying by any person. Providing access to public records is a
59	duty of each agency.
60	Section 2.  Paragraph (e) of subsection (1), and
61	subsections (7), (8), (9), and (10) of section 119.07, Florida
62	Statutes, are amended to read:
63	119.07  Inspection and copying of records; photographing
64	public records; fees; exemptions.--
65	(1)
66	(e)  In any civil action in which an exemption to this
67	section is asserted, if the exemption is alleged to exist under
68	or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or (f), or
69	(4)(c) paragraph (6)(c), paragraph (6)(d), paragraph (6)(e),
70	paragraph (6)(k), paragraph (6)(l), or paragraph (6)(o), the
71	public record or part thereof in question shall be submitted to
72	the court for an inspection in camera. If an exemption is
73	alleged to exist under or by virtue of s. 119.071(2)(c)
74	paragraph (6)(b), an inspection in camera is discretionary with
75	the court. If the court finds that the asserted exemption is not
76	applicable, it shall order the public record or part thereof in
77	question to be immediately produced for inspection or copying as
78	requested by the person seeking such access.
79	(6)(7)  Nothing in this chapter section shall be construed
80	to exempt from subsection (1) a public record that which was
81	made a part of a court file and that which is not specifically
82	closed by order of court, except as provided in paragraphs s.
83	119.071 (1)(d) and (f), (2)(d),(e), and (f), and (4)(c) (c),
84	(d), (e), (k), (l), and (o) of subsection (6) and except
85	information or records that which may reveal the identity of a
86	person who is a victim of a sexual offense as provided in s.
87	119.071(2)(h) paragraph (f) of subsection (6).
88	(7)(8)  An exemption contained in this chapter Nothing in
89	subsection (6) or in any other general or special law shall not
90	limit the access of the Auditor General, the Office of Program
91	Policy Analysis and Government Accountability, or any state,
92	county, municipal, university, board of community college,
93	school district, or special district internal auditor to public
94	records when such person states in writing that such records are
95	needed for a properly authorized audit, examination, or
96	investigation. Such person shall maintain the exempt or
97	confidential status of that a public record that is exempt or
98	confidential from the provisions of subsection (1) and shall be
99	subject to the same penalties as the custodian of that record
100	for public disclosure of such record.
101	(8)(9)  An exemption from this section does not imply an
102	exemption from s. 286.011. The exemption from s. 286.011 must be
103	expressly provided.
104	(9)(10)  The provisions of this section are not intended to
105	expand or limit the provisions of Rule 3.220, Florida Rules of
106	Criminal Procedure, regarding the right and extent of discovery
107	by the state or by a defendant in a criminal prosecution or in
108	collateral postconviction proceedings. This section may not be
109	used by any inmate as the basis for failing to timely litigate
110	any postconviction action.
111	Section 3.  Paragraph (a) of subsection (6) of section
112	119.07, Florida Statutes, is transferred, redesignated as
113	paragraph (a) of subsection (1) of section 119.071, Florida
114	Statutes, and amended to read:
115	119.071  General exemptions from inspection or copying of
116	public records.--
117	(1)  AGENCY ADMINISTRATION.--
118	(a)  Examination questions and answer sheets of
119	examinations administered by a governmental agency for the
120	purpose of licensure, certification, or employment are exempt
121	from s. 119.07(1) the provisions of subsection (1) and s. 24(a),
122	Art. I of the State Constitution.  A person who has taken such
123	an examination has shall have the right to review his or her own
124	completed examination.
125	Section 4.  Paragraph (m) of subsection (6) of section
126	119.07, Florida Statutes, is transferred, redesignated as
127	paragraph (b) of subsection (1) of section 119.071, Florida
128	Statutes, and amended to read:
129	119.071  General exemptions from inspection or copying of
130	public records.--
131	(1)  AGENCY ADMINISTRATION.--
132	(b)(m)  Sealed bids or proposals received by an agency
133	pursuant to invitations to bid or requests for proposals are
134	exempt from s. 119.07(1) the provisions of subsection (1) and s.
135	24(a), Art. I of the State Constitution until such time as the
136	agency provides notice of a decision or intended decision
137	pursuant to s. 120.57(3)(a) or within 10 days after bid or
138	proposal opening, whichever is earlier.
139	Section 5.  Paragraph (t) of subsection (6) of section
140	119.07, Florida Statutes, is transferred, redesignated as
141	paragraph (c) of subsection (1) of section 119.071, Florida
142	Statutes, and amended to read:
143	119.071  General exemptions from inspection or copying of
144	public records.--
145	(1)  AGENCY ADMINISTRATION.--
146	(c)(t)  Any financial statement that which an agency
147	requires a prospective bidder to submit in order to prequalify
148	for bidding or for responding to a proposal for a road or any
149	other public works project is exempt from s. 119.07(1) the
150	provisions of subsection (1) and s. 24(a), Art. I of the State
151	Constitution.
152	Section 6.  Paragraph (l) of subsection (6) of section
153	119.07, Florida Statutes, is transferred, redesignated as
154	paragraph (d) of subsection (1) of section 119.071, Florida
155	Statutes, and amended to read:
156	119.071  General exemptions from inspection or copying of
157	public records.--
158	(1)  AGENCY ADMINISTRATION.-
159	(d)(l)1.  A public record that which was prepared by an
160	agency attorney (including an attorney employed or retained by
161	the agency or employed or retained by another public officer or
162	agency to protect or represent the interests of the agency
163	having custody of the record) or prepared at the attorney's
164	express direction, that which reflects a mental impression,
165	conclusion, litigation strategy, or legal theory of the attorney
166	or the agency, and that which was prepared exclusively for civil
167	or criminal litigation or for adversarial administrative
168	proceedings, or that which was prepared in anticipation of
169	imminent civil or criminal litigation or imminent adversarial
170	administrative proceedings, is exempt from s. 119.07(1) the
171	provisions of subsection (1) and s. 24(a), Art. I of the State
172	Constitution until the conclusion of the litigation or
173	adversarial administrative proceedings. For purposes of capital
174	collateral litigation as set forth in s. 27.7001, the Attorney
175	General's office is entitled to claim this exemption for those
176	public records prepared for direct appeal as well as for all
177	capital collateral litigation after direct appeal until
178	execution of sentence or imposition of a life sentence.
179	2.  This exemption is not waived by the release of such
180	public record to another public employee or officer of the same
181	agency or any person consulted by the agency attorney.  When
182	asserting the right to withhold a public record pursuant to this
183	paragraph, the agency shall identify the potential parties to
184	any such criminal or civil litigation or adversarial
185	administrative proceedings.  If a court finds that the document
186	or other record has been improperly withheld under this
187	paragraph, the party seeking access to such document or record
188	shall be awarded reasonable attorney's fees and costs in
189	addition to any other remedy ordered by the court.
190	Section 7.  Paragraph (ii) of subsection (6) of section
191	119.07, Florida Statutes, is transferred and redesignated as
192	paragraph (e) of subsection (1) of section 119.071, Florida
193	Statutes, and amended to read:
194	119.071  General exemptions from inspection or copying of
195	public records.--
196	(1)  AGENCY ADMINISTRATION.-
197	(e)(ii)  Any videotape or video signal that, under an
198	agreement with an agency, is produced, made, or received by, or
199	is in the custody of, a federally licensed radio or television
200	station or its agent is exempt from s. 119.07(1) this chapter.
201	Section 8.  Paragraph (o) of subsection (6) of section
202	119.07, Florida Statutes, is transferred, redesignated as
203	paragraph (f) of subsection (1) of section 119.071, Florida
204	Statutes, and amended to read:
205	119.071  General exemptions from inspection or copying of
206	public records.--
207	(1)  AGENCY ADMINISTRATION.--
208	(f)(o)  Data processing software obtained by an agency
209	under a licensing agreement that which prohibits its disclosure
210	and which software is a trade secret, as defined in s. 812.081,
211	and agency-produced data processing software that which is
212	sensitive are exempt from s. 119.07(1) the provisions of
213	subsection (1) and s. 24(a), Art. I of the State Constitution.
214	The designation of agency-produced software as sensitive shall
215	not prohibit an agency head from sharing or exchanging such
216	software with another public agency.
217	Section 9.  Paragraph (h) of subsection (6) of section
218	119.07, Florida Statutes, is transferred, redesignated as
219	paragraph (a) of subsection (2) of section 119.071, Florida
220	Statutes, and amended to read:
221	119.071  General exemptions from inspection or copying of
222	public records.--
223	(2)  AGENCY INVESTIGATIONS.--
224	(a)(h)  All criminal intelligence and criminal
225	investigative information received by a criminal justice agency
226	prior to January 25, 1979, is exempt from s. 119.07(1) the
227	provisions of subsection (1) and s. 24(a), Art. I of the State
228	Constitution.
229	Section 10.  Section 119.072, Florida Statutes, is
230	transferred, redesignated as paragraph (b) of subsection (2) of
231	section 119.071, Florida Statutes, and amended to read:
232	119.071  General exemptions from inspection or copying of
233	public records.--
234	(2)  AGENCY INVESTIGATIONS.--
235	(b)  119.072  Criminal intelligence or investigative
236	information obtained from out-of-state agencies.--Whenever
237	criminal intelligence information or criminal investigative
238	information held by a non-Florida criminal justice agency is
239	available to a Florida criminal justice agency only on a
240	confidential or similarly restricted basis, the Florida criminal
241	justice agency may obtain and use such information in accordance
242	with the conditions imposed by the providing agency.
243	Section 11.  Paragraph (b) of subsection (6) of section
244	119.07, Florida Statutes, is transferred, redesignated as
245	paragraph (c) of subsection (2) of section 119.071, Florida
246	Statutes, and amended to read:
247	119.071  General exemptions from inspection or copying of
248	public records.--
249	(2)  AGENCY INVESTIGATIONS.--
250	(c)(b)1.  Active criminal intelligence information and
251	active criminal investigative information are exempt from s.
252	119.07(1) the provisions of subsection (1) and s. 24(a), Art. I
253	of the State Constitution.
254	2.  A request of a law enforcement agency to inspect or
255	copy a public record that is in the custody of another agency,
256	the custodian's response to the request, and any information
257	that would identify the public record that was requested by the
258	law enforcement agency or provided by the custodian are exempt
259	from s. 119.07(1) the requirements of subsection (1) and s.
260	24(a), Art. I of the State Constitution, during the period in
261	which the information constitutes criminal intelligence
262	information or criminal investigative information that is
263	active. This exemption is remedial in nature, and it is the
264	intent of the Legislature that the exemption be applied to
265	requests for information received before, on, or after the
266	effective date of this subparagraph. The law enforcement agency
267	shall give notice to the custodial agency when the criminal
268	intelligence information or criminal investigative information
269	is no longer active, so that the custodian's response to the
270	request and information that would identify the public record
271	requested are available to the public. This subparagraph is
272	subject to the Open Government Sunset Review Act of 1995 in
273	accordance with s. 119.15 and shall stand repealed October 2,
274	2007, unless reviewed and saved from repeal through reenactment
275	by the Legislature.
276	Section 12.  Paragraph (d) of subsection (6) of section
277	119.07, Florida Statutes, is transferred, redesignated as
278	paragraph (d) of subsection (2) of section 119.071, Florida
279	Statutes, and amended to read:
280	119.071  General exemptions from inspection or copying of
281	public records.--
282	(2)  AGENCY INVESTIGATIONS.--
283	(d)  Any information revealing surveillance techniques or
284	procedures or personnel is exempt from s. 119.07(1) the
285	provisions of subsection (1) and s. 24(a), Art. I of the State
286	Constitution. Any comprehensive inventory of state and local law
287	enforcement resources compiled pursuant to part I, chapter 23,
288	and any comprehensive policies or plans compiled by a criminal
289	justice agency pertaining to the mobilization, deployment, or
290	tactical operations involved in responding to emergencies, as
291	defined in s. 252.34(3), are exempt from s. 119.07(1) the
292	provisions of subsection (1) and s. 24(a), Art. I of the State
293	Constitution and unavailable for inspection, except by personnel
294	authorized by a state or local law enforcement agency, the
295	office of the Governor, the Department of Legal Affairs, the
296	Department of Law Enforcement, or the Department of Community
297	Affairs as having an official need for access to the inventory
298	or comprehensive policies or plans.
299	Section 13.  Paragraph (k) of subsection (6) of section
300	119.07, Florida Statutes, is transferred, redesignated as
301	paragraph (e) of subsection (2) of section 119.071, Florida
302	Statutes, and amended to read:
303	119.071  General exemptions from inspection or copying of
304	public records.--
305	(2)  AGENCY INVESTIGATIONS.--
306	(e)(k)  Any information revealing the substance of a
307	confession of a person arrested is exempt from s. 119.07(1) the
308	provisions of subsection (1) and s. 24(a), Art. I of the State
309	Constitution, until such time as the criminal case is finally
310	determined by adjudication, dismissal, or other final
311	disposition.
312	Section 14.  Paragraph (c) of subsection (6) of section
313	119.07, Florida Statutes, is transferred, redesignated as
314	paragraph (f) of subsection (2) of section 119.071, Florida
315	Statutes, and amended to read:
316	119.071  General exemptions from inspection or copying of
317	public records.--
318	(2)  AGENCY INVESTIGATIONS.--
319	(f)(c)  Any information revealing the identity of a
320	confidential informant or a confidential source is exempt from
321	s. 119.07(1) the provisions of subsection (1) and s. 24(a), Art.
322	I of the State Constitution.
323	Section 15.  Paragraph (u) of subsection (6) of section
324	119.07, Florida Statutes, is transferred, redesignated as
325	paragraph (g) of subsection (2) of section 119.071, Florida
326	Statutes, and amended to read:
327	119.071  General exemptions from inspection or copying of
328	public records.--
329	(2)  AGENCY INVESTIGATIONS.--
330	(g)(u)  When Where the alleged victim chooses not to file a
331	complaint and requests that records of the complaint remain
332	confidential, all records relating to an allegation of
333	employment discrimination are confidential and exempt from s.
334	119.07(1) the provisions of subsection (1) and s. 24(a), Art. I
335	of the State Constitution.
336	Section 16.  Paragraphs (f) and (g) of subsection (6) of
337	section 119.07, Florida Statutes, are transferred, redesignated
338	as paragraphs (h) and (i), respectively, of subsection (2) of
339	section 119.071, Florida Statutes, and amended to read:
340	119.071  General exemptions from inspection or copying of
341	public records.--
342	(2)  AGENCY INVESTIGATIONS.--
343	(h)(f)1.  Any criminal intelligence information or criminal
344	investigative information including the photograph, name,
345	address, or other fact or information which reveals the identity
346	of the victim of the crime of sexual battery as defined in
347	chapter 794; the identity of the victim of a lewd or lascivious
348	offense committed upon or in the presence of a person less than
349	16 years of age, as defined in chapter 800; or the identity of
350	the victim of the crime of child abuse as defined by chapter 827
351	and any criminal intelligence information or criminal
352	investigative information or other criminal record, including
353	those portions of court records and court proceedings, which may
354	reveal the identity of a person who is a victim of any sexual
355	offense, including a sexual offense proscribed in chapter 794,
356	chapter 800, or chapter 827, is exempt from s. 119.07(1) the
357	provisions of subsection (1) and s. 24(a), Art. I of the State
358	Constitution.
359	2.  In addition to subparagraph 1., any criminal
360	intelligence information or criminal investigative information
361	that which is a photograph, videotape, or image of any part of
362	the body of the victim of a sexual offense prohibited under
363	chapter 794, chapter 800, or chapter 827, regardless of whether
364	the photograph, videotape, or image identifies the victim, is
365	confidential and exempt from s. 119.07(1) subsection (1) and s.
366	24(a), Art. I of the State Constitution. This exemption applies
367	to photographs, videotapes, or images held as criminal
368	intelligence information or criminal investigative information
369	before, on, or after the effective date of the exemption.
370	(i)(g)  Any criminal intelligence information or criminal
371	investigative information that which reveals the personal assets
372	of the victim of a crime, other than property stolen or
373	destroyed during the commission of the crime, is exempt from s.
374	119.07(1) the provisions of subsection (1) and s. 24(a), Art. I
375	of the State Constitution.
376	Section 17.  Paragraph (s) of subsection (6) of section
377	119.07, Florida Statutes, is transferred, redesignated as
378	paragraph (j) of subsection (2) of section 119.071, Florida
379	Statutes, and amended to read:
380	119.071  General exemptions from inspection or copying of
381	public records.--
382	(2)  AGENCY INVESTIGATIONS.--
383	(j)(s)1.  Any document that reveals the identity, home or
384	employment telephone number, home or employment address, or
385	personal assets of the victim of a crime and identifies that
386	person as the victim of a crime, which document is received by
387	any agency that regularly receives information from or
388	concerning the victims of crime, is exempt from s. 119.07(1) the
389	provisions of subsection (1) and s. 24(a), Art. I of the State
390	Constitution. Any information not otherwise held confidential or
391	exempt from s. 119.07(1) the provisions of subsection (1) which
392	reveals the home or employment telephone number, home or
393	employment address, or personal assets of a person who has been
394	the victim of sexual battery, aggravated child abuse, aggravated
395	stalking, harassment, aggravated battery, or domestic violence
396	is exempt from s. 119.07(1) the provisions of subsection (1) and
397	s. 24(a), Art. I of the State Constitution, upon written request
398	by the victim, which must include official verification that an
399	applicable crime has occurred. Such information shall cease to
400	be exempt 5 years after the receipt of the written request. Any
401	state or federal agency that is authorized to have access to
402	such documents by any provision of law shall be granted such
403	access in the furtherance of such agency's statutory duties,
404	notwithstanding the provisions of this section.
405	2.a.  Any information in a videotaped statement of a minor
406	who is alleged to be or who is a victim of sexual battery, lewd
407	acts, or other sexual misconduct proscribed in chapter 800 or in
408	s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
409	847.0133, or s. 847.0145, which reveals that minor's identity,
410	including, but not limited to, the minor's face; the minor's
411	home, school, church, or employment telephone number; the
412	minor's home, school, church, or employment address; the name of
413	the minor's school, church, or place of employment; or the
414	personal assets of the minor; and which identifies that minor as
415	the victim of a crime described in this subparagraph, held by a
416	law enforcement agency, is confidential and exempt from s.
417	119.07(1) subsection (1) and s. 24(a), Art. I of the State
418	Constitution. Any governmental agency that is authorized to have
419	access to such statements by any provision of law shall be
420	granted such access in the furtherance of the agency's statutory
421	duties, notwithstanding the provisions of this section.
422	b.  A public employee or officer who has access to a
423	videotaped statement of a minor who is alleged to be or who is a
424	victim of sexual battery, lewd acts, or other sexual misconduct
425	proscribed in chapter 800 or in s. 794.011, s. 827.071, s.
426	847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145,
427	may not willfully and knowingly disclose videotaped information
428	that reveals the minor's identity to a person who is not
429	assisting in the investigation or prosecution of the alleged
430	offense or to any person other than the defendant, the
431	defendant's attorney, or a person specified in an order entered
432	by the court having jurisdiction of the alleged offense. A
433	person who violates this provision commits a misdemeanor of the
434	first degree, punishable as provided in s. 775.082 or s.
435	775.083.
436	Section 18.  Present section 119.071, Florida Statutes, is
437	redesignated as paragraph (a) of subsection (3) of that section
438	and amended to read:
439	119.071  General exemptions from inspection or copying of
440	public records.--
441	(3)  SECURITY.--
442	(a)  A security system plan or portion thereof for:
443	1.(1)  Any property owned by or leased to the state or any
444	of its political subdivisions; or
445	2.(2)  Any privately owned or leased property
446
447	which plan or portion thereof is held by any agency, as defined
448	in s. 119.011, is confidential and exempt from the provisions of
449	s. 119.07(1) and s. 24(a), Art. I of the State Constitution. As
450	used in this paragraph section, the term a "security system
451	plan" includes all records, information, photographs, audio and
452	visual presentations, schematic diagrams, surveys,
453	recommendations, or consultations or portions thereof relating
454	directly to the physical security of the facility or revealing
455	security systems; threat assessments conducted by any agency as
456	defined in s. 119.011 or any private entity; threat response
457	plans; emergency evacuation plans; sheltering arrangements; or
458	manuals for security personnel, emergency equipment, or security
459	training. This exemption is remedial in nature and it is the
460	intent of the Legislature that this exemption be applied to
461	security system plans held by an agency before, on, or after the
462	effective date of this paragraph section. Information made
463	confidential and exempt by this paragraph section may be
464	disclosed by the custodial agency to the property owner or
465	leaseholder; or such information may be disclosed by the
466	custodial agency to another state or federal agency to prevent,
467	detect, guard against, respond to, investigate, or manage the
468	consequences of any attempted or actual act of terrorism, or to
469	prosecute those persons who are responsible for such attempts or
470	acts, and the confidential and exempt status of such information
471	shall be retained while in the possession of the receiving
472	agency. This paragraph section is subject to the Open Government
473	Sunset Review Act of 1995, in accordance with s. 119.15, and
474	shall stand repealed on October 2, 2006, unless reviewed and
475	saved from repeal through reenactment by the Legislature.
476	Section 19.  Paragraphs (ee) and (ff) of subsection (6) of
477	section 119.07, Florida Statutes, are transferred, redesignated
478	as paragraphs (b) and (c), respectively, of subsection (3) of
479	section 119.071, Florida Statutes, and amended to read:
480	119.071  General exemptions from inspection or copying of
481	public records.--
482	(3)  SECURITY.--
483	(b)(ee)  Building plans, blueprints, schematic drawings,
484	and diagrams, including draft, preliminary, and final formats,
485	which depict the internal layout and structural elements of a
486	building, arena, stadium, water treatment facility, or other
487	structure owned or operated by an agency as defined in s.
488	119.011 are exempt from s. 119.07(1) the provisions of
489	subsection (1) and s. 24(a), Art. I of the State Constitution.
490	This exemption applies to building plans, blueprints, schematic
491	drawings, and diagrams, including draft, preliminary, and final
492	formats, which depict the internal layout and structural
493	elements of a building, arena, stadium, water treatment
494	facility, or other structure owned or operated by an agency
495	before, on, or after the effective date of this act. Information
496	made exempt by this paragraph may be disclosed to another
497	governmental entity if disclosure is necessary for the receiving
498	entity to perform its duties and responsibilities; to a licensed
499	architect, engineer, or contractor who is performing work on or
500	related to the building, arena, stadium, water treatment
501	facility, or other structure owned or operated by an agency; or
502	upon a showing of good cause before a court of competent
503	jurisdiction.  The entities or persons receiving such
504	information shall maintain the exempt status of the information.
505	This paragraph is subject to the Open Government Sunset Review
506	Act of 1995 in accordance with s. 119.15, and shall stand
507	repealed on October 2, 2007, unless reviewed and reenacted by
508	the Legislature.
509	(c)(ff)  Building plans, blueprints, schematic drawings,
510	and diagrams, including draft, preliminary, and final formats,
511	which depict the internal layout or structural elements of an
512	attractions and recreation facility, entertainment or resort
513	complex, industrial complex, retail and service development,
514	office development, or hotel or motel development, which
515	documents are held by an agency as defined in s. 119.011, are
516	exempt from s. 119.07(1) the provisions of subsection (1) and s.
517	24(a), Art. I of the State Constitution. This exemption applies
518	to any such documents held either permanently or temporarily by
519	an agency before, on, or after the effective date of this act.
520	Information made exempt by this paragraph may be disclosed to
521	another governmental entity if disclosure is necessary for the
522	receiving entity to perform its duties and responsibilities; to
523	the owner or owners of the structure in question or the owner's
524	legal representative; or upon a showing of good cause before a
525	court of competent jurisdiction. As used in this paragraph, the
526	term:
527	1.  "Attractions and recreation facility" means any sports,
528	entertainment, amusement, or recreation facility, including, but
529	not limited to, a sports arena, stadium, racetrack, tourist
530	attraction, amusement park, or pari-mutuel facility that:
531	a.  For single-performance facilities:
532	(I)  Provides single-performance facilities; or
533	(II)  Provides more than 10,000 permanent seats for
534	spectators.
535	b.  For serial-performance facilities:
536	(I)  Provides parking spaces for more than 1,000 motor
537	vehicles; or
538	(II)  Provides more than 4,000 permanent seats for
539	spectators.
540	2.  "Entertainment or resort complex" means a theme park
541	comprised of at least 25 acres of land with permanent
542	exhibitions and a variety of recreational activities, which has
543	at least 1 million visitors annually who pay admission fees
544	thereto, together with any lodging, dining, and recreational
545	facilities located adjacent to, contiguous to, or in close
546	proximity to the theme park, as long as the owners or operators
547	of the theme park, or a parent or related company or subsidiary
548	thereof, has an equity interest in the lodging, dining, or
549	recreational facilities or is in privity therewith. Close
550	proximity includes an area within a 5-mile radius of the theme
551	park complex.
552	3.  "Industrial complex" means any industrial,
553	manufacturing, processing, distribution, warehousing, or
554	wholesale facility or plant, as well as accessory uses and
555	structures, under common ownership which:
556	a.  Provides onsite parking for more than 250 motor
557	vehicles;
558	b.  Encompasses 500,000 square feet or more of gross floor
559	area; or
560	c.  Occupies a site of 100 acres or more, but excluding
561	wholesale facilities or plants that primarily serve or deal
562	onsite with the general public.
563	4.  "Retail and service development" means any retail,
564	service, or wholesale business establishment or group of
565	establishments which deals primarily with the general public
566	onsite and is operated under one common property ownership,
567	development plan, or management that:
568	a.  Encompasses more than 400,000 square feet of gross
569	floor area; or
570	b.  Provides parking spaces for more than 2,500 motor
571	vehicles.
572	5.  "Office development" means any office building or park
573	operated under common ownership, development plan, or management
574	that encompasses 300,000 or more square feet of gross floor
575	area.
576	6.  "Hotel or motel development" means any hotel or motel
577	development that accommodates 350 or more units.
578
579	This exemption does not apply to comprehensive plans or site
580	plans, or amendments thereto, which are submitted for approval
581	or which have been approved under local land development
582	regulations, local zoning regulations, or development-of-
583	regional-impact review.
584	Section 20.  Paragraph (x) of subsection (6) of section
585	119.07, Florida Statutes, is transferred, redesignated as
586	paragraph (a) of subsection (4) of section 119.071, Florida
587	Statutes, and amended to read:
588	119.071  General exemptions from inspection or copying of
589	public records.--
590	(4)  AGENCY PERSONNEL INFORMATION.--
591	(a)(x)1.  The social security numbers of all current and
592	former agency employees which numbers are contained in agency
593	employment records are exempt from s. 119.07(1) subsection (1)
594	and s. 24(a), Art. I of the State Constitution. As used in this
595	paragraph, the term "agency" means an agency as defined in s.
596	119.011.
597	2.  An agency that is the custodian of a social security
598	number specified in subparagraph 1. and that is not the
599	employing agency shall maintain the exempt status of the social
600	security number only if the employee or the employing agency of
601	the employee submits a written request for confidentiality to
602	the custodial agency. However, upon a request by a commercial
603	entity as provided in subparagraph (5)(a)5. s. 119.0721, the
604	custodial agency shall release the last four digits of the
605	exempt social security number, except that a social security
606	number provided in a lien filed with the Department of State
607	shall be released in its entirety. This subparagraph is subject
608	to the Open Government Sunset Review Act of 1995 in accordance
609	with s. 119.15 and shall stand repealed on October 2, 2009,
610	unless reviewed and saved from repeal through reenactment by the
611	Legislature.
612	Section 21.  Paragraph (v) of subsection (6) of section
613	119.07, Florida Statutes, is transferred, redesignated as
614	paragraph (b) of subsection (4) of section 119.071, Florida
615	Statutes, and amended to read:
616	119.071  General exemptions from inspection or copying of
617	public records.--
618	(4)  AGENCY PERSONNEL INFORMATION.--
619	(b)(v)  Medical information pertaining to a prospective,
620	current, or former officer or employee of an agency which, if
621	disclosed, would identify that officer or employee is exempt
622	from s. 119.07(1) the provisions of subsection (1) and s. 24(a),
623	Art. I of the State Constitution. However, such information may
624	be disclosed if the person to whom the information pertains or
625	the person's legal representative provides written permission or
626	pursuant to court order.
627	Section 22.  Paragraph (e) of subsection (6) of section
628	119.07, Florida Statutes, is transferred, redesignated as
629	paragraph (c) of subsection (4) of section 119.071, Florida
630	Statutes, and amended to read:
631	119.071  General exemptions from inspection or copying of
632	public records.--
633	(4)  AGENCY PERSONNEL INFORMATION.--
634	(c)(e)  Any information revealing undercover personnel of
635	any criminal justice agency is exempt from s. 119.07(1) the
636	provisions of subsection (1) and s. 24(a), Art. I of the State
637	Constitution.
638	Section 23.  Paragraph (i) of subsection (6) of section
639	119.07, Florida Statutes, is transferred, redesignated as
640	paragraph (d) of subsection (4) of section 119.071, Florida
641	Statutes, and amended to read:
642	119.071  General exemptions from inspection or copying of
643	public records.--
644	(4)  AGENCY PERSONNEL INFORMATION.--
645	(d)(i)1.  The home addresses, telephone numbers, social
646	security numbers, and photographs of active or former law
647	enforcement personnel, including correctional and correctional
648	probation officers, personnel of the Department of Children and
649	Family Services whose duties include the investigation of abuse,
650	neglect, exploitation, fraud, theft, or other criminal
651	activities, personnel of the Department of Health whose duties
652	are to support the investigation of child abuse or neglect, and
653	personnel of the Department of Revenue or local governments
654	whose responsibilities include revenue collection and
655	enforcement or child support enforcement; the home addresses,
656	telephone numbers, social security numbers, photographs, and
657	places of employment of the spouses and children of such
658	personnel; and the names and locations of schools and day care
659	facilities attended by the children of such personnel are exempt
660	from s. 119.07(1) the provisions of subsection (1). The home
661	addresses, telephone numbers, and photographs of firefighters
662	certified in compliance with s. 633.35; the home addresses,
663	telephone numbers, photographs, and places of employment of the
664	spouses and children of such firefighters; and the names and
665	locations of schools and day care facilities attended by the
666	children of such firefighters are exempt from s. 119.07(1)
667	subsection (1). The home addresses and telephone numbers of
668	justices of the Supreme Court, district court of appeal judges,
669	circuit court judges, and county court judges; the home
670	addresses, telephone numbers, and places of employment of the
671	spouses and children of justices and judges; and the names and
672	locations of schools and day care facilities attended by the
673	children of justices and judges are exempt from s. 119.07(1) the
674	provisions of subsection (1). The home addresses, telephone
675	numbers, social security numbers, and photographs of current or
676	former state attorneys, assistant state attorneys, statewide
677	prosecutors, or assistant statewide prosecutors; the home
678	addresses, telephone numbers, social security numbers,
679	photographs, and places of employment of the spouses and
680	children of current or former state attorneys, assistant state
681	attorneys, statewide prosecutors, or assistant statewide
682	prosecutors; and the names and locations of schools and day care
683	facilities attended by the children of current or former state
684	attorneys, assistant state attorneys, statewide prosecutors, or
685	assistant statewide prosecutors are exempt from s. 119.07(1)
686	subsection (1) and s. 24(a), Art. I of the State Constitution.
687	2.  The home addresses, telephone numbers, social security
688	numbers, and photographs of current or former human resource,
689	labor relations, or employee relations directors, assistant
690	directors, managers, or assistant managers of any local
691	government agency or water management district whose duties
692	include hiring and firing employees, labor contract negotiation,
693	administration, or other personnel-related duties; the names,
694	home addresses, telephone numbers, social security numbers,
695	photographs, and places of employment of the spouses and
696	children of such personnel; and the names and locations of
697	schools and day care facilities attended by the children of such
698	personnel are exempt from s. 119.07(1) subsection (1) and s.
699	24(a), Art. I of the State Constitution. This subparagraph is
700	subject to the Open Government Sunset Review Act of 1995 in
701	accordance with s. 119.15, and shall stand repealed on October
702	2, 2006, unless reviewed and saved from repeal through
703	reenactment by the Legislature.
704	3.  The home addresses, telephone numbers, social security
705	numbers, and photographs of current or former United States
706	attorneys and assistant United States attorneys; the home
707	addresses, telephone numbers, social security numbers,
708	photographs, and places of employment of the spouses and
709	children of current or former United States attorneys and
710	assistant United States attorneys; and the names and locations
711	of schools and day care facilities attended by the children of
712	current or former United States attorneys and assistant United
713	States attorneys are exempt from s. 119.07(1) subsection (1) and
714	s. 24(a), Art. I of the State Constitution. This subparagraph is
715	subject to the Open Government Sunset Review Act of 1995 in
716	accordance with s. 119.15 and shall stand repealed on October 2,
717	2009, unless reviewed and saved from repeal through reenactment
718	by the Legislature.
719	4.  The home addresses, telephone numbers, social security
720	numbers, and photographs of current or former judges of United
721	States Courts of Appeal, United States district judges, and
722	United States magistrate judges; the home addresses, telephone
723	numbers, social security numbers, photographs, and places of
724	employment of the spouses and children of current or former
725	judges of United States Courts of Appeal, United States district
726	judges, and United States magistrate judges; and the names and
727	locations of schools and day care facilities attended by the
728	children of current or former judges of United States Courts of
729	Appeal, United States district judges, and United States
730	magistrate judges are exempt from s. 119.07(1) subsection (1)
731	and s. 24(a), Art. I of the State Constitution. This
732	subparagraph is subject to the Open Government Sunset Review Act
733	of 1995 in accordance with s. 119.15, and shall stand repealed
734	on October 2, 2009, unless reviewed and saved from repeal
735	through reenactment by the Legislature.
736	5.  The home addresses, telephone numbers, social security
737	numbers, and photographs of current or former code enforcement
738	officers; the names, home addresses, telephone numbers, social
739	security numbers, photographs, and places of employment of the
740	spouses and children of such persons; and the names and
741	locations of schools and day care facilities attended by the
742	children of such persons are exempt from s. 119.07(1) subsection
743	(1) and s. 24(a), Art. I of the State Constitution. This
744	subparagraph is subject to the Open Government Sunset Review Act
745	of 1995 in accordance with s. 119.15, and shall stand repealed
746	on October 2, 2006, unless reviewed and saved from repeal
747	through reenactment by the Legislature.
748	6.  An agency that is the custodian of the personal
749	information specified in subparagraph 1., subparagraph 2.,
750	subparagraph 3., subparagraph 4., or subparagraph 5., and that
751	is not the employer of the officer, employee, justice, judge, or
752	other person specified in subparagraph 1., subparagraph 2.,
753	subparagraph 3., subparagraph 4., or subparagraph 5., shall
754	maintain the exempt status of the personal information only if
755	the officer, employee, justice, judge, other person, or
756	employing agency of the designated employee submits a written
757	request for maintenance of the exemption to the custodial
758	agency.
759	Section 24.  Subsections (1) through (11) of section
760	119.0721, and paragraph (gg) of subsection (6) of section
761	119.07, Florida Statutes, are transferred, redesignated as
762	paragraph (a) of subsection (5) of section 119.071, Florida
763	Statutes, and amended to read:
764	119.071  General exemptions from inspection or copying of
765	public records.--
766	(5)  OTHER PERSONAL INFORMATION.--
767	(a)1.  The Legislature acknowledges that the social
768	security number was never intended to be used for business
769	purposes but was intended to be used solely for the
770	administration of the federal Social Security System. The
771	Legislature is further aware that over time this unique numeric
772	identifier has been used extensively for identity verification
773	purposes and other legitimate consensual purposes. The
774	Legislature is also cognizant of the fact that the social
775	security number can be used as a tool to perpetuate fraud
776	against a person and to acquire sensitive personal, financial,
777	medical, and familial information, the release of which could
778	cause great financial or personal harm to an individual. The
779	Legislature intends to monitor the commercial use of social
780	security numbers held by state agencies in order to maintain a
781	balanced public policy.
782	2.  An agency shall not collect an individual's social
783	security number unless authorized by law to do so or unless the
784	collection of the social security number is otherwise imperative
785	for the performance of that agency's duties and responsibilities
786	as prescribed by law. Social security numbers collected by an
787	agency must be relevant to the purpose for which collected and
788	shall not be collected until and unless the need for social
789	security numbers has been clearly documented. An agency that
790	collects social security numbers shall also segregate that
791	number on a separate page from the rest of the record, or as
792	otherwise appropriate, in order that the social security number
793	be more easily redacted, if required, pursuant to a public
794	records request. An agency collecting a person's social security
795	number shall, upon that person's request, at the time of or
796	prior to the actual collection of the social security number by
797	that agency, provide that person with a statement of the purpose
798	or purposes for which the social security number is being
799	collected and used. Social security numbers collected by an
800	agency shall not be used by that agency for any purpose other
801	than the purpose stated. Social security numbers collected by an
802	agency prior to May 13, 2002, shall be reviewed for compliance
803	with this subparagraph. If the collection of a social security
804	number prior to May 13, 2002, is found to be unwarranted, the
805	agency shall immediately discontinue the collection of social
806	security numbers for that purpose.
807	3.(1)  Effective October 1, 2002, all social security
808	numbers held by an agency or its agents, employees, or
809	contractors are confidential and exempt from s. 119.07(1) and s.
810	24(a), Art. I of the State Constitution. This exemption applies
811	to all social security numbers held by an agency and its agents,
812	employees, or contractors before, on, or after the effective
813	date of this exemption.
814	4.(2)  Social security numbers may be disclosed to another
815	governmental entity or its agents, employees, or contractors if
816	disclosure is necessary for the receiving entity to perform its
817	duties and responsibilities. The receiving governmental entity
818	and its agents, employees, and contractors shall maintain the
819	confidential and exempt status of such numbers.
820	5.(3)  An agency shall not deny a commercial entity engaged
821	in the performance of a commercial activity as defined in s.
822	14.203 or its agents, employees, or contractors access to social
823	security numbers, provided the social security numbers will be
824	used only in the normal course of business for legitimate
825	business purposes, and provided the commercial entity makes a
826	written request for social security numbers, verified as
827	provided in s. 92.525, legibly signed by an authorized officer,
828	employee, or agent of the commercial entity.  The verified
829	written request must contain the commercial entity's name,
830	business mailing and location addresses, business telephone
831	number, and a statement of the specific purposes for which it
832	needs the social security numbers and how the social security
833	numbers will be used in the normal course of business for
834	legitimate business purposes. The aggregate of these requests
835	shall serve as the basis for the agency report required in
836	subparagraph 8. subsection (7).  An agency may request any other
837	information as may be reasonably necessary to verify the
838	identity of the entity requesting the social security numbers
839	and the specific purposes for which such numbers will be used;
840	however, an agency has no duty to inquire beyond the information
841	contained in the verified written request. A legitimate business
842	purpose includes verification of the accuracy of personal
843	information received by a commercial entity in the normal course
844	of its business; use in a civil, criminal, or administrative
845	proceeding; use for insurance purposes; use in law enforcement
846	and investigation of crimes; use in identifying and preventing
847	fraud; use in matching, verifying, or retrieving information;
848	and use in research activities. A legitimate business purpose
849	does not include the display or bulk sale of social security
850	numbers to the general public or the distribution of such
851	numbers to any customer that is not identifiable by the
852	distributor.
853	6.(4)  Any person who makes a false representation in order
854	to obtain a social security number pursuant to this paragraph
855	section, or any person who willfully and knowingly violates the
856	provisions of this paragraph section, commits a felony of the
857	third degree, punishable as provided in s. 775.082 or s.
858	775.083. Any public officer who violates any provision of this
859	paragraph section is guilty of a noncriminal infraction,
860	punishable by a fine not exceeding $500. A commercial entity
861	that provides access to public records containing social
862	security numbers in accordance with this paragraph section is
863	not subject to the penalty provisions of this subparagraph
864	subsection.
865	7.a.(5)(a)  On or after October 1, 2002, a no person
866	preparing or filing a document to be recorded in the official
867	records by the county recorder as provided for in chapter 28 may
868	not include any person's social security number in that
869	document, unless otherwise expressly required by law.  If a
870	social security number is or has been included in a document
871	presented to the county recorder for recording in the official
872	records of the county before, on, or after October 1, 2002, it
873	may be made available as part of the official record available
874	for public inspection and copying.
875	b.(b)  Any person, or his or her attorney or legal
876	guardian, has the right to request that a county recorder
877	remove, from an image or copy of an official record placed on a
878	county recorder's publicly available Internet website or a
879	publicly available Internet website used by a county recorder to
880	display public records or otherwise made electronically
881	available to the general public by such recorder, his or her
882	social security number contained in that official record.  Such
883	request must be made in writing, legibly signed by the requester
884	and delivered by mail, facsimile, or electronic transmission, or
885	delivered in person, to the county recorder.  The request must
886	specify the identification page number that contains the social
887	security number to be redacted.  The county recorder has shall
888	have no duty to inquire beyond the written request to verify the
889	identity of a person requesting redaction.  A No fee shall not
890	will be charged for the redaction of a social security number
891	pursuant to such request.
892	c.(c)  A county recorder shall immediately and
893	conspicuously post signs throughout his or her offices for
894	public viewing and; shall immediately and conspicuously post a
895	notice on any Internet website or remote electronic site made
896	available by the county recorder and used for the ordering or
897	display of official records or images or copies of official
898	records; and shall, prior to October 1, 2002, publish on two
899	separate dates in a newspaper of general circulation in the
900	county where the county recorder's office is located as provided
901	for in chapter 50, a notice, stating, in substantially similar
902	form, the following:
903	(I)1.  On or after October 1, 2002, any person preparing or
904	filing a document for recordation in the official records may
905	not include a social security number in such document, unless
906	required by law.
907	(II)2.  Any person has a right to request a county recorder
908	to remove, from an image or copy of an official record placed on
909	a county recorder's publicly available Internet website or on a
910	publicly available Internet website used by a county recorder to
911	display public records or otherwise made electronically
912	available to the general public, any social security number
913	contained in an official record.  Such request must be made in
914	writing and delivered by mail, facsimile, or electronic
915	transmission, or delivered in person, to the county recorder.
916	The request must specify the identification page number that
917	contains the social security number to be redacted.  No fee will
918	be charged for the redaction of a social security number
919	pursuant to such a request.
920	d.(gg)1.  Until January 1, 2006, if a social security
921	number, made confidential and exempt pursuant to this paragraph
922	s. 119.0721, created pursuant to s. 1, ch. 2002-256, passed
923	during the 2002 regular legislative session, or a complete bank
924	account, debit, charge, or credit card number made exempt
925	pursuant to paragraph (5)(b) (dd), created pursuant to s. 1, ch.
926	2002-257, passed during the 2002 regular legislative session, is
927	or has been included in a court file, such number may be
928	included as part of the court record available for public
929	inspection and copying unless redaction is requested by the
930	holder of such number, or by the holder's attorney or legal
931	guardian, in a signed, legibly written request specifying the
932	case name, case number, document heading, and page number. The
933	request must be delivered by mail, facsimile, electronic
934	transmission, or in person to the clerk of the circuit court.
935	The clerk of the circuit court does not have a duty to inquire
936	beyond the written request to verify the identity of a person
937	requesting redaction. A fee may not be charged for the redaction
938	of a social security number or a bank account, debit, charge, or
939	credit card number pursuant to such request.
940	e.2.  Any person who prepares or files a document to be
941	recorded in the official records by the county recorder as
942	provided in chapter 28 may not include a person's social
943	security number or complete bank account, debit, charge, or
944	credit card number in that document unless otherwise expressly
945	required by law. Until January 1, 2006, if a social security
946	number or a complete bank account, debit, charge or credit card
947	number is or has been included in a document presented to the
948	county recorder for recording in the official records of the
949	county, such number may be made available as part of the
950	official record available for public inspection and copying. Any
951	person, or his or her attorney or legal guardian, may request
952	that a county recorder remove from an image or copy of an
953	official record placed on a county recorder's publicly available
954	Internet website, or a publicly available Internet website used
955	by a county recorder to display public records outside the
956	office or otherwise made electronically available outside the
957	county recorder's office to the general public, his or her
958	social security number or complete account, debit, charge, or
959	credit card number contained in that official record. Such
960	request must be legibly written, signed by the requester, and
961	delivered by mail, facsimile, electronic transmission, or in
962	person to the county recorder. The request must specify the
963	identification page number of the document that contains the
964	number to be redacted. The county recorder does not have a duty
965	to inquire beyond the written request to verify the identity of
966	a person requesting redaction. A fee may not be charged for
967	redacting such numbers.
968	f.  Subparagraphs 2. and 3. Upon the effective date of this
969	act, subsections (3) and (4) of s. 119.0721, do not apply to the
970	clerks of the court or the county recorder with respect to
971	circuit court records and official records.
972	g.4.  On January 1, 2006, and thereafter, the clerk of the
973	circuit court and the county recorder must keep complete bank
974	account, debit, charge, and credit card numbers exempt as
975	provided for in paragraph (5)(b) (dd), and must keep social
976	security numbers confidential and exempt as provided for in
977	subparagraph (a)3. s. 119.0721, without any person having to
978	request redaction.
979	8.(6)  Beginning January 31, 2004, and each January 31
980	thereafter, every agency must file a report with the Secretary
981	of State, the President of the Senate, and the Speaker of the
982	House of Representatives listing the identity of all commercial
983	entities that have requested social security numbers during the
984	preceding calendar year and the specific purpose or purposes
985	stated by each commercial entity regarding its need for social
986	security numbers. If no disclosure requests were made, the
987	agency shall so indicate.
988	(7)  The Legislature acknowledges that the social security
989	number was never intended to be used for business purposes but
990	was intended to be used solely for the administration of the
991	federal Social Security System. The Legislature is further aware
992	that over time this unique numeric identifier has been used
993	extensively for identity verification purposes and other
994	legitimate consensual purposes. The Legislature is also
995	cognizant of the fact that the social security number can be
996	used as a tool to perpetuate fraud against a person and to
997	acquire sensitive personal, financial, medical, and familial
998	information, the release of which could cause great financial or
999	personal harm to an individual. The Legislature intends to
1000	monitor the commercial use of social security numbers held by
1001	state agencies in order to maintain a balanced public policy.
1002	(8)  An agency shall not collect an individual's social
1003	security number unless authorized by law to do so or unless the
1004	collection of the social security number is otherwise imperative
1005	for the performance of that agency's duties and responsibilities
1006	as prescribed by law. Social security numbers collected by an
1007	agency must be relevant to the purpose for which collected and
1008	shall not be collected until and unless the need for social
1009	security numbers has been clearly documented. An agency that
1010	collects social security numbers shall also segregate that
1011	number on a separate page from the rest of the record, or as
1012	otherwise appropriate, in order that the social security number
1013	be more easily redacted, if required, pursuant to a public
1014	records request. An agency collecting a person's social security
1015	number shall, upon that person's request, at the time of or
1016	prior to the actual collection of the social security number by
1017	that agency, provide that person with a statement of the purpose
1018	or purposes for which the social security number is being
1019	collected and used. Social security numbers collected by an
1020	agency shall not be used by that agency for any purpose other
1021	than the purpose stated. Social security numbers collected by an
1022	agency prior to May 13, 2002, shall be reviewed for compliance
1023	with this subsection. If the collection of a social security
1024	number prior to May 13, 2002, is found to be unwarranted, the
1025	agency shall immediately discontinue the collection of social
1026	security numbers for that purpose.
1027	9.(9)  Any affected person may petition the circuit court
1028	for an order directing compliance with this paragraph section.
1029	10.(10)  The provisions of This paragraph does section do
1030	not supersede any other applicable public records exemptions
1031	existing prior to May 13, 2002, or created thereafter.
1032	11.(11)  This paragraph section is subject to the Open
1033	Government Sunset Review Act of 1995 in accordance with s.
1034	119.15, and shall stand repealed October 2, 2007, unless
1035	reviewed and saved from repeal through reenactment by the
1036	Legislature.
1037	Section 25.  Paragraph (dd) of subsection (6) of section
1038	119.07, Florida Statutes, is transferred, redesignated as
1039	paragraph (b) of subsection (5) of section 119.071, Florida
1040	Statutes, and amended to read:
1041	119.071  General exemptions from inspection or copying of
1042	public records.--
1043	(5)  OTHER PERSONAL INFORMATION.--
1044	(b)(dd)  Bank account numbers and debit, charge, and credit
1045	card numbers held by an agency are exempt from s. 119.07(1)
1046	subsection (1) and s. 24(a), Art. I of the State Constitution.
1047	This exemption applies to bank account numbers and debit,
1048	charge, and credit card numbers held by an agency before, on, or
1049	after the effective date of this exemption. This paragraph is
1050	subject to the Open Government Sunset Review Act of 1995 in
1051	accordance with s. 119.15, and shall stand repealed on October
1052	2, 2007, unless reviewed and saved from repeal through
1053	reenactment by the Legislature.
1054	Section 26.  Paragraph (jj) of subsection (6) of section
1055	119.07, Florida Statutes, is transferred, redesignated as
1056	paragraph (c) of subsection (5) of section 119.071, Florida
1057	Statutes, and amended to read:
1058	119.071  General exemptions from inspection or copying of
1059	public records.--
1060	(5)  OTHER PERSONAL INFORMATION.--
1061	(c)(jj)  Any information that would identify or help to
1062	locate a child who participates in government-sponsored
1063	recreation programs or camps or the parents or guardians of such
1064	child, including, but not limited to, the name, home address,
1065	telephone number, social security number, or photograph of the
1066	child; the names and locations of schools attended by such
1067	child; and the names, home addresses, and social security
1068	numbers of parents or guardians of such child is exempt from s.
1069	119.07(1) subsection (1) and s. 24(a), Art. I of the State
1070	Constitution. Information made exempt pursuant to this paragraph
1071	may be disclosed by court order upon a showing of good cause.
1072	This exemption applies to records held before, on, or after the
1073	effective date of this exemption.
1074	Section 27.  Paragraph (r) of subsection (6) of section
1075	119.07, Florida Statutes, is transferred, redesignated as
1076	paragraph (d) of subsection (5) of section 119.071, Florida
1077	Statutes, and amended to read:
1078	119.071  General exemptions from inspection or copying of
1079	public records.--
1080	(5)  OTHER PERSONAL INFORMATION.--
1081	(d)(r)  All records supplied by a telecommunications
1082	company, as defined by s. 364.02, to an a state or local
1083	governmental agency which contain the name, address, and
1084	telephone number of subscribers are confidential and exempt from
1085	s. 119.07(1) the provisions of subsection (1) and s. 24(a), Art.
1086	I of the State Constitution.
1087	Section 28.  Paragraph (j) of subsection (6) of section
1088	119.07, Florida Statutes, is transferred, redesignated as
1089	paragraph (e) of subsection (5) of section 119.071, Florida
1090	Statutes, and amended to read:
1091	119.071  General exemptions from inspection or copying of
1092	public records.--
1093	(5)  OTHER PERSONAL INFORMATION.--
1094	(e)(j)  Any information provided to an agency of state
1095	government or to an agency of a political subdivision of the
1096	state for the purpose of forming ridesharing arrangements, which
1097	information reveals the identity of an individual who has
1098	provided his or her name for ridesharing, as defined in s.
1099	341.031, is exempt from s. 119.07(1) the provisions of
1100	subsection (1) and s. 24(a), Art. I of the State Constitution.
1101	Section 29.  Paragraph (bb) of subsection (6) of section
1102	119.07, Florida Statutes, is transferred, redesignated as
1103	paragraph (f) of subsection (5) of section 119.071, Florida
1104	Statutes, and amended to read:
1105	119.071  General exemptions from inspection or copying of
1106	public records.--
1107	(5)  OTHER PERSONAL INFORMATION.--
1108	(f)(bb)  Medical history records and information related to
1109	health or property insurance provided to the Department of
1110	Community Affairs, the Florida Housing Finance Corporation, a
1111	county, a municipality, or a local housing finance agency by an
1112	applicant for or a participant in a federal, state, or local
1113	housing assistance program are confidential and exempt from s.
1114	119.07(1) the provisions of subsection (1) and s. 24(a), Art. I
1115	of the State Constitution. Governmental entities or their agents
1116	shall have access to such confidential and exempt records and
1117	information for the purpose of auditing federal, state, or local
1118	housing programs or housing assistance programs. Such
1119	confidential and exempt records and information may be used in
1120	any administrative or judicial proceeding, provided such records
1121	are kept confidential and exempt unless otherwise ordered by a
1122	court.
1123	Section 30.  Paragraph (q) of subsection (6) of section
1124	119.07, Florida Statutes, is transferred, redesignated as
1125	subsection (1) of section 119.0711, Florida Statutes, and
1126	amended to read:
1127	119.0711  Executive branch agency exemptions from
1128	inspection or copying of public records.--
1129	(1)(q)  All complaints and other records in the custody of
1130	any agency in the executive branch of state government which
1131	relate to a complaint of discrimination relating to race, color,
1132	religion, sex, national origin, age, handicap, or marital status
1133	in connection with hiring practices, position classifications,
1134	salary, benefits, discipline, discharge, employee performance,
1135	evaluation, or other related activities are exempt from s.
1136	119.07(1) the provisions of subsection (1) and s. 24(a), Art. I
1137	of the State Constitution until a finding is made relating to
1138	probable cause, the investigation of the complaint becomes
1139	inactive, or the complaint or other record is made part of the
1140	official record of any hearing or court proceeding.  This
1141	provision shall not affect any function or activity of the
1142	Florida Commission on Human Relations.  Any state or federal
1143	agency that which is authorized to have access to such
1144	complaints or records by any provision of law shall be granted
1145	such access in the furtherance of such agency's statutory
1146	duties, notwithstanding the provisions of this section.
1147	Section 31.  Paragraph (n) of subsection (6) of section
1148	119.07, Florida Statutes, is transferred, redesignated as
1149	subsection (2) of section 119.0711, Florida Statutes, and
1150	amended to read:
1151	119.0711  Executive branch agency exemptions from
1152	inspection or copying of public records.--
1153	(2)(n)  When an agency of the executive branch of state
1154	government seeks to acquire real property by purchase or through
1155	the exercise of the power of eminent domain all appraisals,
1156	other reports relating to value, offers, and counteroffers must
1157	be in writing and are exempt from s. 119.07(1) the provisions of
1158	subsection (1) and s. 24(a), Art. I of the State Constitution
1159	until execution of a valid option contract or a written offer to
1160	sell that has been conditionally accepted by the agency, at
1161	which time the exemption shall expire.  The agency shall not
1162	finally accept the offer for a period of 30 days in order to
1163	allow public review of the transaction.  The agency may give
1164	conditional acceptance to any option or offer subject only to
1165	final acceptance by the agency after the 30-day review period.
1166	If a valid option contract is not executed, or if a written
1167	offer to sell is not conditionally accepted by the agency, then
1168	the exemption from the provisions of this chapter shall expire
1169	at the conclusion of the condemnation litigation of the subject
1170	property. An agency of the executive branch may exempt title
1171	information, including names and addresses of property owners
1172	whose property is subject to acquisition by purchase or through
1173	the exercise of the power of eminent domain, from s. 119.07(1)
1174	the provisions of subsection (1) and s. 24(a), Art. I of the
1175	State Constitution to the same extent as appraisals, other
1176	reports relating to value, offers, and counteroffers.  For the
1177	purpose of this subsection paragraph, the term "option contract"
1178	means an agreement of an agency of the executive branch of state
1179	government to purchase real property subject to final agency
1180	approval.  This subsection has paragraph shall have no
1181	application to other exemptions from s. 119.07(1) the provisions
1182	of subsection (1) which are contained in other provisions of law
1183	and shall not be construed to be an express or implied repeal
1184	thereof.
1185	Section 32.  Paragraph (cc) of subsection (6) of section
1186	119.07, Florida Statutes, is transferred, redesignated as
1187	subsection (1) of section 119.0712, Florida Statutes, and
1188	amended to read:
1189	119.0712  Executive branch agency-specific exemptions from
1190	inspection or copying of public records.--
1191	(1)(cc)  DEPARTMENT OF HEALTH.--All personal identifying
1192	information; bank account numbers; and debit, charge, and credit
1193	card numbers contained in records relating to an individual's
1194	personal health or eligibility for health-related services held
1195	made or received by the Department of Health or its service
1196	providers are confidential and exempt from s. 119.07(1) the
1197	provisions of subsection (1) and s. 24(a), Art. I of the State
1198	Constitution, except as otherwise provided in this subsection
1199	paragraph.  Information made confidential and exempt by this
1200	subsection paragraph shall be disclosed:
1201	(a)1.  With the express written consent of the individual
1202	or the individual's legally authorized representative.
1203	(b)2.  In a medical emergency, but only to the extent
1204	necessary to protect the health or life of the individual.
1205	(c)3.  By court order upon a showing of good cause.
1206	(d)4.  To a health research entity, if the entity seeks the
1207	records or data pursuant to a research protocol approved by the
1208	department, maintains the records or data in accordance with the
1209	approved protocol, and enters into a purchase and data-use
1210	agreement with the department, the fee provisions of which are
1211	consistent with s. 119.07(4) subsection (4). The department may
1212	deny a request for records or data if the protocol provides for
1213	intrusive follow-back contacts, has not been approved by a human
1214	studies institutional review board, does not plan for the
1215	destruction of confidential records after the research is
1216	concluded, is administratively burdensome, or does not have
1217	scientific merit.  The agreement must restrict the release of
1218	any information that, which would permit the identification of
1219	persons, limit the use of records or data to the approved
1220	research protocol, and prohibit any other use of the records or
1221	data.  Copies of records or data issued pursuant to this
1222	paragraph subparagraph remain the property of the department.
1223
1224	This subsection paragraph is subject to the Open Government
1225	Sunset Review Act of 1995, in accordance with s. 119.15, and
1226	shall stand repealed on October 2, 2006, unless reviewed and
1227	saved from repeal through reenactment by the Legislature.
1228	Section 33.  Paragraph (aa) of subsection (6) of section
1229	119.07, Florida Statutes, is transferred, redesignated as
1230	subsection (2) of section 119.0712, Florida Statutes, and
1231	amended to read:
1232	119.0712  Executive branch agency-specific exemptions from
1233	inspection or copying of public records.--
1234	(2)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
1235	(aa)  Personal information contained in a motor vehicle
1236	record that identifies the subject of that record is exempt from
1237	s. 119.07(1) subsection (1) and s. 24(a), Art. I of the State
1238	Constitution except as provided in this section paragraph.
1239	Personal information includes, but is not limited to, the
1240	subject's social security number, driver identification number,
1241	name, address, telephone number, and medical or disability
1242	information. For purposes of this subsection paragraph, personal
1243	information does not include information relating to vehicular
1244	crashes, driving violations, and driver's status. For purposes
1245	of this subsection paragraph, the term "motor vehicle record"
1246	means any record that pertains to a motor vehicle operator's
1247	permit, motor vehicle title, motor vehicle registration, or
1248	identification card issued by the Department of Highway Safety
1249	and Motor Vehicles. Personal information contained in motor
1250	vehicle records exempted by this subsection paragraph shall be
1251	released by the department for any of the following uses:
1252	(a)1.  For use in connection with matters of motor vehicle
1253	or driver safety and theft; motor vehicle emissions; motor
1254	vehicle product alterations, recalls, or advisories; performance
1255	monitoring of motor vehicles and dealers by motor vehicle
1256	manufacturers; and removal of nonowner records from the original
1257	owner records of motor vehicle manufacturers, to carry out the
1258	purposes of the Automobile Information Disclosure Act, the Motor
1259	Vehicle Information and Cost Saving Act, the National Traffic
1260	and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
1261	1992, and the Clean Air Act.
1262	(b)2.  For use by any government agency, including any
1263	court or law enforcement agency, in carrying out its functions,
1264	or any private person or entity acting on behalf of a federal,
1265	state, or local agency in carrying out its functions.
1266	(c)3.  For use in connection with matters of motor vehicle
1267	or driver safety and theft; motor vehicle emissions; motor
1268	vehicle product alterations, recalls, or advisories; performance
1269	monitoring of motor vehicles, motor vehicle parts, and dealers;
1270	motor vehicle market research activities, including survey
1271	research; and removal of nonowner records from the original
1272	owner records of motor vehicle manufacturers.
1273	(d)4.  For use in the normal course of business by a
1274	legitimate business or its agents, employees, or contractors,
1275	but only:
1276	1.a.  To verify the accuracy of personal information
1277	submitted by the individual to the business or its agents,
1278	employees, or contractors; and
1279	2.b.  If such information as so submitted is not correct or
1280	is no longer correct, to obtain the correct information, but
1281	only for the purposes of preventing fraud by, pursuing legal
1282	remedies against, or recovering on a debt or security interest
1283	against, the individual.
1284	(e)5.  For use in connection with any civil, criminal,
1285	administrative, or arbitral proceeding in any court or agency or
1286	before any self-regulatory body for:
1287	1.a.  Service of process by any certified process server,
1288	special process server, or other person authorized to serve
1289	process in this state.
1290	2.b.  Investigation in anticipation of litigation by an
1291	attorney licensed to practice law in this state or the agent of
1292	the attorney; however, the information may not be used for mass
1293	commercial solicitation of clients for litigation against motor
1294	vehicle dealers.
1295	3.c.  Investigation by any person in connection with any
1296	filed proceeding; however, the information may not be used for
1297	mass commercial solicitation of clients for litigation against
1298	motor vehicle dealers.
1299	4.d.  Execution or enforcement of judgments and orders.
1300	5.e.  Compliance with an order of any court.
1301	(f)6.  For use in research activities and for use in
1302	producing statistical reports, so long as the personal
1303	information is not published, redisclosed, or used to contact
1304	individuals.
1305	(g)7.  For use by any insurer or insurance support
1306	organization, or by a self-insured entity, or its agents,
1307	employees, or contractors, in connection with claims
1308	investigation activities, anti-fraud activities, rating, or
1309	underwriting.
1310	(h)8.  For use in providing notice to the owners of towed
1311	or impounded vehicles.
1312	(i)9.  For use by any licensed private investigative agency
1313	or licensed security service for any purpose permitted under
1314	this subsection paragraph. Personal information obtained based
1315	on an exempt driver's record may not be provided to a client who
1316	cannot demonstrate a need based on a police report, court order,
1317	or a business or personal relationship with the subject of the
1318	investigation.
1319	(j)10.  For use by an employer or its agent or insurer to
1320	obtain or verify information relating to a holder of a
1321	commercial driver's license that is required under 49 U.S.C. ss.
1322	31301 et seq.
1323	(k)11.  For use in connection with the operation of private
1324	toll transportation facilities.
1325	(l)12.  For bulk distribution for surveys, marketing, or
1326	solicitations when the department has obtained the express
1327	consent of the person to whom such personal information
1328	pertains.
1329	(m)13.  For any use if the requesting person demonstrates
1330	that he or she has obtained the written consent of the person
1331	who is the subject of the motor vehicle record.
1332	(n)14.  For any other use specifically authorized by state
1333	law, if such use is related to the operation of a motor vehicle
1334	or public safety.
1335	(o)15.  For any other use if the person to whom the
1336	information pertains has given express consent on a form
1337	prescribed by the department. Such consent shall remain in
1338	effect until it is revoked by the person on a form prescribed by
1339	the department.
1340
1341	The restrictions on disclosure of personal information provided
1342	by this subsection paragraph shall not in any way affect the use
1343	of organ donation information on individual driver licenses or
1344	nor affect the administration of organ donation initiatives in
1345	this state. Personal information exempted from public disclosure
1346	according to this subsection paragraph may be disclosed by the
1347	Department of Highway Safety and Motor Vehicles to an
1348	individual, firm, corporation, or similar business entity whose
1349	primary business interest is to resell or redisclose the
1350	personal information to persons who are authorized to receive
1351	such information. Prior to the department's disclosure of
1352	personal information, such individual, firm, corporation, or
1353	similar business entity must first enter into a contract with
1354	the department regarding the care, custody, and control of the
1355	personal information to ensure compliance with the federal
1356	Driver's Privacy Protection Act of 1994 and applicable state
1357	laws. An authorized recipient of personal information contained
1358	in a motor vehicle record, except a recipient under paragraph
1359	(l) subparagraph 12., may contract with the Department of
1360	Highway Safety and Motor Vehicles to resell or redisclose the
1361	information for any use permitted under this section paragraph.
1362	However, only authorized recipients of personal information
1363	under paragraph (l) subparagraph 12. may resell or redisclose
1364	personal information pursuant to paragraph (l) subparagraph 12.
1365	Any authorized recipient who resells or rediscloses personal
1366	information shall maintain, for a period of 5 years, records
1367	identifying each person or entity that receives the personal
1368	information and the permitted purpose for which it will be used.
1369	Such records shall be made available for inspection upon request
1370	by the department. The department shall adopt rules to carry out
1371	the purposes of this subsection paragraph and the federal
1372	Driver's Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et
1373	seq. Rules adopted by the department shall provide for the
1374	payment of applicable fees and, prior to the disclosure of
1375	personal information pursuant to this subsection paragraph,
1376	shall require the meeting of conditions by the requesting person
1377	for the purposes of obtaining reasonable assurance concerning
1378	the identity of such requesting person, and, to the extent
1379	required, assurance that the use will be only as authorized or
1380	that the consent of the person who is the subject of the
1381	personal information has been obtained. Such conditions may
1382	include, but need not be limited to, the making and filing of a
1383	written application in such form and containing such information
1384	and certification requirements as the department requires.
1385	Section 34.  Paragraph (p) of subsection (6) of section
1386	119.07, Florida Statutes, is transferred, redesignated as
1387	subsection (1) of section 119.0713, Florida Statutes, and
1388	amended to read:
1389	119.0713  Local government agency exemptions from
1390	inspection or copying of public records.--
1391	(1)(p)  All complaints and other records in the custody of
1392	any unit of local government which relate to a complaint of
1393	discrimination relating to race, color, religion, sex, national
1394	origin, age, handicap, marital status, sale or rental of
1395	housing, the provision of brokerage services, or the financing
1396	of housing are exempt from s. 119.07(1) the provisions of
1397	subsection (1) and s. 24(a), Art. I of the State Constitution
1398	until a finding is made relating to probable cause, the
1399	investigation of the complaint becomes inactive, or the
1400	complaint or other record is made part of the official record of
1401	any hearing or court proceeding.  This provision shall not
1402	affect any function or activity of the Florida Commission on
1403	Human Relations.  Any state or federal agency that which is
1404	authorized to have access to such complaints or records by any
1405	provision of law shall be granted such access in the furtherance
1406	of such agency's statutory duties, notwithstanding the
1407	provisions of this section. This subsection paragraph shall not
1408	be construed to modify or repeal any special or local act.
1409	Section 35.  Paragraph (hh) of subsection (6) of section
1410	119.07, Florida Statutes, is transferred, redesignated as
1411	subsection (2) of section 119.0713, Florida Statutes, and
1412	amended to read:
1413	119.0713  Local government agency exemptions from
1414	inspection or copying of public records.--
1415	(2)(hh)  All personal identifying information contained in
1416	records relating to a person's health held by local governmental
1417	entities or their service providers for the purpose of
1418	determining eligibility for paratransit services under Title II
1419	of the Americans with Disabilities Act or eligibility for the
1420	transportation disadvantaged program as provided in part I of
1421	chapter 427 is confidential and exempt from s. 119.07(1) the
1422	provisions of subsection (1) and s. 24(a), Art. I of the State
1423	Constitution, except as otherwise provided in this subsection
1424	herein. This exemption applies to personal identifying
1425	information contained in such records held by local governmental
1426	entities or their service providers before, on, or after the
1427	effective date of this exemption. Information made confidential
1428	and exempt by this subsection paragraph shall be disclosed:
1429	(a)1.  With the express written consent of the individual
1430	or the individual's legally authorized representative;
1431	(b)2.  In a medical emergency, but only to the extent
1432	necessary to protect the health or life of the individual;
1433	(c)3.  By court order upon a showing of good cause; or
1434	(d)4.  For the purpose of determining eligibility for
1435	paratransit services if the individual or the individual's
1436	legally authorized representative has filed an appeal or
1437	petition before an administrative body of a local government or
1438	a court.
1439	Section 36.  Paragraphs (y) and (z) of subsection (6) of
1440	section 119.07, Florida Statutes, are transferred, redesignated
1441	as subsections (3) and (4), respectively, of section 119.0713,
1442	Florida Statutes, and amended to read:
1443	119.0713  Local government agency exemptions from
1444	inspection or copying of public records.--
1445	(3)(y)  The audit report of an internal auditor prepared
1446	for or on behalf of a unit of local government becomes a public
1447	record when the audit becomes final.  As used in this subsection
1448	paragraph, the term "unit of local government" means a county,
1449	municipality, special district, local agency, authority,
1450	consolidated city-county government, or any other local
1451	governmental body or public body corporate or politic authorized
1452	or created by general or special law.  An audit becomes final
1453	when the audit report is presented to the unit of local
1454	government.  Audit workpapers and notes related to such audit
1455	report are confidential and exempt from s. 119.07(1) the
1456	provisions of subsection (1) and s. 24(a), Art. I of the State
1457	Constitution until the audit is completed and the audit report
1458	becomes final.
1459	(4)(z)  Any data, record, or document used directly or
1460	solely by a municipally owned utility to prepare and submit a
1461	bid relative to the sale, distribution, or use of any service,
1462	commodity, or tangible personal property to any customer or
1463	prospective customer is shall be exempt from s. 119.07(1) the
1464	provisions of subsection (1) and s. 24(a), Art. I of the State
1465	Constitution. This exemption commences when a municipal utility
1466	identifies in writing a specific bid to which it intends to
1467	respond. This exemption no longer applies when the contract for
1468	sale, distribution, or use of the service, commodity, or
1469	tangible personal property is executed, a decision is made not
1470	to execute such contract, or the project is no longer under
1471	active consideration. The exemption in this subsection paragraph
1472	includes the bid documents actually furnished in response to the
1473	request for bids. However, the exemption for the bid documents
1474	submitted no longer applies after the bids are opened by the
1475	customer or prospective customer.
1476	Section 37.  Section 119.15, Florida Statutes, is amended
1477	to read:
1478	119.15  Legislative review of exemptions from public
1479	meeting and public records requirements.--
1480	(1)  This section may be cited as the "Open Government
1481	Sunset Review Act of 1995."
1482	(2)  This section provides for the review and repeal or
1483	reenactment of an exemption from s. 24, Art. I of the State
1484	Constitution and s. automatic application of the policy of open
1485	government as provided in ss. 119.01 and 286.011 to certain
1486	exemptions from ss. 119.07(1) or s. and 286.011.  This act does
1487	not apply to an exemption that:
1488	(a)  Is required by federal law; or
1489	(b)  Applies solely to the Legislature or the State Court
1490	System. It is the intent of the Legislature that exemptions to
1491	ss. 119.07(1) and 286.011 shall be created or maintained only
1492	if:
1493	(a)  The exempted record or meeting is of a sensitive,
1494	personal nature concerning individuals;
1495	(b)  The exemption is necessary for the effective and
1496	efficient administration of a governmental program; or
1497	(c)  The exemption affects confidential information
1498	concerning an entity.
1499
1500	Thus, the maintenance or creation of an exemption must be
1501	compelled as measured by these criteria.  Further, the
1502	Legislature finds that the public has a right to have access to
1503	executive branch governmental meetings and records unless the
1504	criteria in this section for restricting such access to a public
1505	meeting or public record are met and the criteria are considered
1506	during legislative review in connection with the particular
1507	exemption to be significant enough to override the strong public
1508	policy of open government. To strengthen the policy of open
1509	government, the Legislature shall consider the criteria in this
1510	section before enacting future exemptions.
1511	(3)(a)  In the 5th year after enactment of a new exemption
1512	or substantial amendment of an existing exemption, the exemption
1513	shall be repealed repeal on October 2nd of the 5th year, unless
1514	the Legislature acts to reenact the exemption.
1515	(4)(a)  A law that enacts a new exemption or substantially
1516	amends an existing exemption must state that the record or
1517	meeting is:
1518	1.  Exempt from s. 24(a), Art. I of the State Constitution;
1519	2.  Exempt from s. 119.07(1) or s. 286.011; and
1520	3.  State that the exemption is Repealed at the end of 5
1521	years and that the exemption must be reviewed by the Legislature
1522	before the scheduled repeal date.
1523	(b)  For purposes of this section, an exemption is
1524	substantially amended if the amendment expands the scope of the
1525	exemption to include more records or information or to include
1526	meetings as well as records.  An exemption is not substantially
1527	amended if the amendment narrows the scope of the exemption.
1528	(c)  This section is not intended to repeal an exemption
1529	that has been amended following legislative review before the
1530	scheduled repeal of the exemption if the exemption is not
1531	substantially amended as a result of the review.
1532	(5)(d)  By June 1 in the year before the repeal of an
1533	exemption under this section, the Division of Statutory Revision
1534	of the Office of Legislative Services shall certify to the
1535	President of the Senate and the Speaker of the House of
1536	Representatives, by June 1, the language and statutory citation
1537	of each exemption scheduled for repeal the following year which
1538	meets the criteria of an exemption as defined in this section.
1539	(b)  Any exemption that is not identified and certified to
1540	the President of the Senate and the Speaker of the House of
1541	Representatives is not subject to legislative review and repeal
1542	under this section.  If the division fails to certify an
1543	exemption that it subsequently determines should have been
1544	certified, it shall include the exemption in the following
1545	year's certification after that determination.
1546	(e)  The term "exemption" means a provision of the Florida
1547	Statutes which creates an exception to s. 119.07(1) or s.
1548	286.011 and which applies to the executive branch of state
1549	government or to local government, but it does not include any
1550	provision of a special law or local law.
1551	(f)  An exemption that is required by federal law is not
1552	subject to repeal under this section.
1553	(g)  An exemption that applies solely to the Legislature or
1554	the State Court System is not subject to repeal under this
1555	section.
1556	(6)(4)(a)  The Legislature shall review the exemption
1557	before its scheduled repeal and consider As part of the review
1558	process, the Legislature shall consider the following:
1559	1.  What specific records or meetings are affected by the
1560	exemption?
1561	2.  Whom does the exemption uniquely affect, as opposed to
1562	the general public?
1563	3.  What is the identifiable public purpose or goal of the
1564	exemption?
1565	4.  Can the information contained in the records or
1566	discussed in the meeting be readily obtained by alternative
1567	means? If so, how?
1568	5.  Is the record or meeting protected by another
1569	exemption?
1570	6.  Are there multiple exemptions for the same type of
1571	record or meeting that it would be appropriate to merge?
1572	(b)  An exemption may be created, revised, or maintained
1573	only if it serves an identifiable public purpose, and the
1574	exemption may be no broader than is necessary to meet the public
1575	purpose it serves.  An identifiable public purpose is served if
1576	the exemption meets one of the following purposes and the
1577	Legislature finds that the purpose is sufficiently compelling to
1578	override the strong public policy of open government and cannot
1579	be accomplished without the exemption:
1580	1.  Allows the state or its political subdivisions to
1581	effectively and efficiently administer a governmental program,
1582	which administration would be significantly impaired without the
1583	exemption;
1584	2.  Protects information of a sensitive personal nature
1585	concerning individuals, the release of which information would
1586	be defamatory to such individuals or cause unwarranted damage to
1587	the good name or reputation of such individuals or would
1588	jeopardize the safety of such individuals. However, in
1589	exemptions under this subparagraph, only information that would
1590	identify the individuals may be exempted; or
1591	3.  Protects information of a confidential nature
1592	concerning entities, including, but not limited to, a formula,
1593	pattern, device, combination of devices, or compilation of
1594	information which is used to protect or further a business
1595	advantage over those who do not know or use it, the disclosure
1596	of which information would injure the affected entity in the
1597	marketplace.
1598	(7)(c)  Records made before the date of a repeal of an
1599	exemption under this section may not be made public unless
1600	otherwise provided by law.  In deciding whether the records
1601	shall be made public, the Legislature shall consider whether the
1602	damage or loss to persons or entities uniquely affected by the
1603	exemption of the type specified in subparagraph (6)(b)2. (b)2.
1604	or subparagraph (6)(b)3. (b)3. would occur if the records were
1605	made public.
1606	(d)  An exemption that is created or revived and reenacted
1607	must contain uniform language that clearly states the section in
1608	the Florida Statutes from which it is exempt, s. 119.07(1) or s.
1609	286.011.  The uniform language must also provide for the maximum
1610	public access to the meetings and records as is consistent with
1611	the purpose of the exemption.  An exemption that is created or
1612	substantially amended must state that the exemption is repealed
1613	at the end of 5 years and that the exemption must be reviewed by
1614	the Legislature before the scheduled date of repeal.
1615	(8)(e)  Notwithstanding s. 768.28 or any other law, neither
1616	the state or its political subdivisions nor any other public
1617	body shall be made party to any suit in any court or incur any
1618	liability for the repeal or revival and reenactment of an
1619	exemption under this section.  The failure of the Legislature to
1620	comply strictly with this section does not invalidate an
1621	otherwise valid reenactment.
1622	Section 38.  Paragraph (w) of subsection (6) of section
1623	119.07, Florida Statutes, is transferred, redesignated as
1624	section 112.31891, Florida Statutes, and amended to read:
1625	112.31891  Investigatory records.--
1626	(1)(w)1.  If certified pursuant to subsection (2)
1627	subparagraph 2., an investigatory record of the Chief Inspector
1628	General within the Executive Office of the Governor or of the
1629	employee designated by an agency head as the agency inspector
1630	general under s. 112.3189 is exempt from s. 119.07(1) the
1631	provisions of subsection (1) and s. 24(a), Art. I of the State
1632	Constitution until the registration ceases to be active, or a
1633	report detailing the investigation is provided to the Governor
1634	or the agency head, or 60 days from the inception of the
1635	investigation for which the record was made or received,
1636	whichever first occurs. Investigatory records are those records
1637	that which are related to the investigation of an alleged,
1638	specific act or omission or other wrongdoing, with respect to an
1639	identifiable person or group of persons, based on information
1640	compiled by the Chief Inspector General or by an agency
1641	inspector general, as named under the provisions of s. 112.3189,
1642	in the course of an investigation.  An investigation is active
1643	if it is continuing with a reasonable, good faith anticipation
1644	of resolution and with reasonable dispatch.
1645	(2)2.  The Governor, in the case of the Chief Inspector
1646	General, or agency head, in the case of an employee designated
1647	as the agency inspector general under s. 112.3189, may certify
1648	that such investigatory records require an exemption to protect
1649	the integrity of the investigation or avoid unwarranted damage
1650	to an individual's good name or reputation.  The certification
1651	must shall specify the nature and purpose of the investigation
1652	and shall be kept with the exempt records and made public when
1653	the records are made public.
1654	(3)3.  The provisions of This section does paragraph do not
1655	apply to whistle-blower investigations conducted pursuant to the
1656	provisions of ss. 112.3187, 112.3188, 112.3189, and 112.31895.
1657	Section 39.  Section 119.19, Florida Statutes, is
1658	transferred, redesignated as section 27.7081, Florida Statutes,
1659	and amended to read:
1660	27.7081 119.19  Capital postconviction public records
1661	production.--
1662	(1)  As used in this section, the term "trial court" means:
1663	(a)  The judge who entered the judgment and imposed the
1664	sentence of death; or
1665	(b)  If a motion for postconviction relief in a capital
1666	case has been filed and a different judge has already been
1667	assigned to that motion, the judge who is assigned to rule on
1668	that motion.
1669	(2)  The Secretary of State shall establish and maintain a
1670	records repository for the purpose of archiving capital
1671	postconviction public records as provided for in this section.
1672	(3)(a)  Upon imposition of a death sentence or upon the
1673	effective date of this act with respect to any case in which a
1674	death sentence has been imposed but the mandate has not yet been
1675	issued in an appeal affirming the sentence, the prosecuting
1676	attorney shall promptly provide written notification to each law
1677	enforcement agency involved in the case and to the Department of
1678	Corrections. If available, the written notification must include
1679	the defendant's date of birth, sex, race, and police-case
1680	numbers included in the prosecuting attorney's case file.
1681	(b)  Within 60 days after receipt of notification, each law
1682	enforcement agency involved in the case and the prosecuting
1683	attorney who prosecuted the case shall copy, seal, and deliver
1684	to the repository all public records, except for those filed in
1685	the trial court, which were produced in the investigation or
1686	prosecution of the case or, if the records are confidential or
1687	exempt, to the clerk of the court in the county in which the
1688	capital case was tried. Each agency shall bear the costs of its
1689	own compliance.
1690	(c)  Within 60 days after notification, the Department of
1691	Corrections shall copy, seal, and deliver to the repository or,
1692	if the records are confidential or exempt, to the clerk of the
1693	court in the county in which the capital case was tried all
1694	public records determined by the department to be relevant to
1695	the subject matter of a capital postconviction claim of the
1696	person sentenced to death and where such production would not be
1697	unduly burdensome for the department. The department shall bear
1698	the costs.
1699	(4)(a)  The chief law enforcement officer of each law
1700	enforcement agency that was involved in the case, whether
1701	through an investigation, arrest, prosecution, or incarceration,
1702	shall notify the Attorney General upon compliance with
1703	subsection (3) and shall certify that to the best of his or her
1704	knowledge and belief all public records in possession of the
1705	agency or in possession of any employee of the agency have been
1706	copied, indexed, and delivered to the records repository or, if
1707	the records are confidential or exempt, to the clerk of the
1708	court in the county in which the capital case was tried as
1709	required by this section.
1710	(b)  The prosecuting attorney who prosecuted the case shall
1711	provide written notification to the Attorney General upon
1712	compliance with subsection (3) and shall certify that to the
1713	best of his or her knowledge and belief all public records in
1714	his or her possession have been copied, indexed, and delivered
1715	to the records repository or, if the records are confidential or
1716	exempt, to the clerk of the court in the county in which the
1717	capital case was tried as required by this section.
1718	(c)  The Secretary of Corrections shall provide written
1719	notification to the Attorney General upon compliance with
1720	paragraph (3)(c) and shall certify that to the best of his or
1721	her knowledge and belief all public records in the department's
1722	possession have been copied, indexed, and delivered to the
1723	records repository or, if the records are confidential or
1724	exempt, to the clerk of the court in the county in which the
1725	capital case was tried as required by this section.
1726	(5)(a)  Within 60 days after the imposition of a death
1727	sentence or upon the effective date of this act with respect to
1728	any case in which a death sentence has been imposed but the
1729	mandate has not yet been issued in an appeal affirming the
1730	sentence, both the public defender or private counsel for the
1731	defendant and the prosecuting attorney involved in the case
1732	shall provide written notification to the Attorney General of
1733	the name and address of any person or agency in addition to
1734	those persons and agencies listed in subsection (3) which may
1735	have information pertinent to the case unless previously
1736	provided to the capital collateral regional counsel or
1737	postconviction private counsel. The Attorney General shall
1738	promptly provide written notification to each identified person
1739	or agency after receiving the information from the public
1740	defender, private counsel for the defendant, or prosecuting
1741	attorney and shall request that all public records in the
1742	possession of the person or agency which pertain to the case be
1743	copied, sealed, and delivered to the records repository.
1744	(b)  Within 60 days after receiving a request for public
1745	records under paragraph (a), the person or agency shall provide
1746	written notification to the Attorney General of compliance with
1747	this subsection and shall certify that to the best of his or her
1748	knowledge and belief all public records requested have been
1749	copied, indexed, and delivered to the records repository or, if
1750	the records are confidential or exempt, to the clerk of the
1751	court in the county in which the capital case was tried.
1752	(6)(a)  Any public record under this section which is
1753	confidential or exempt from the requirements of s. 119.07(1) and
1754	s. 24(a), Art. I of the State Constitution must be separately
1755	boxed, without being redacted, and sealed. The box must be
1756	delivered to the clerk of court in the county in which the
1757	capital case was tried. The outside of the box must clearly
1758	identify the public records as exempt, and the seal may not be
1759	broken without an order of the trial court. The outside of the
1760	box must identify the nature of the public records and the legal
1761	basis under which the public records are exempt.
1762	(b)  Such a box may be opened only for an inspection by the
1763	trial court in camera and only after notice giving the agency
1764	the option to have a representative present at the unsealing by
1765	the court.
1766	(7)(a)  Within 180 days after a capital collateral regional
1767	counsel or private counsel is appointed to represent a defendant
1768	sentenced to death, or within 30 days after issuance of the
1769	Florida Supreme Court's mandate affirming a death sentence,
1770	whichever is later, the regional counsel, private counsel, or
1771	other counsel who is a member of The Florida Bar and is
1772	authorized by such counsel representing a defendant may send a
1773	written demand for additional public records to each person or
1774	agency submitting public records under subsection (3) and to
1775	each person or agency identified as having information pertinent
1776	to the case under subsection (5). Should the written demand
1777	include requests for records associated with particular named
1778	individuals, the written demand shall also include a brief
1779	statement describing each named person's role in the case and
1780	relationship to the defendant. Race, sex, and date of birth
1781	shall also be included in the demand if the public defender,
1782	private counsel, or capital collateral regional counsel has such
1783	information. Each person or agency notified under this
1784	subsection shall, within 60 days after receipt of the written
1785	demand, deliver to the records repository or, if the records are
1786	confidential or exempt, to the clerk of the court in the county
1787	in which the capital case was tried any additional public
1788	records in the possession of the person or agency which pertain
1789	to the case and shall certify that to the best of his or her
1790	knowledge and belief all additional public records have been
1791	delivered or, if no additional public records are found, shall
1792	recertify that the public records previously delivered are
1793	complete.
1794	(b)  Within 25 days after receiving the written demand, the
1795	agency or person may file an objection in the trial court
1796	alleging that the request is overly broad or unduly burdensome.
1797	Within 30 days after the filing of an objection, the trial court
1798	shall hold a hearing and order an agency or person to produce
1799	additional public records if it finds each of the following:
1800	1.  The regional counsel or private counsel has made a
1801	timely and diligent search as provided in this section.
1802	2.  The regional or private counsel's written demand
1803	identifies, with specificity, those additional public records
1804	that are not at the repository.
1805	3.  The additional public records sought are relevant to
1806	the subject matter of a capital postconviction relief or appear
1807	reasonably calculated to lead to the discovery of admissible
1808	evidence in prosecuting such claim.
1809	4.  The additional public records request is not overbroad
1810	or unduly burdensome.
1811	(c)  This statute shall not be a basis for renewing
1812	requests that have been initiated previously or for relitigating
1813	issues pertaining to production of public records upon which a
1814	court has ruled.
1815	(d)  If, on October 1, 1998, the defendant had a Rule 3.850
1816	motion denied and no Rule 3.850 motion was pending, no
1817	additional requests shall be made by capital collateral regional
1818	counsel or contracted private counsel until a death warrant is
1819	signed by the Governor and an execution is scheduled. Within 10
1820	days of the signing of the death warrant, capital collateral
1821	regional counsel or contracted private counsel may request of a
1822	person or agency that the defendant has previously requested to
1823	produce records any records previously requested to which no
1824	objection was raised or sustained, but which the agency has
1825	received or produced since the previous request or which for any
1826	reason the agency has in its possession and did not produce
1827	within 10 days of the receipt of the previous notice or such
1828	shorter time period ordered by the court to comply with the time
1829	for the scheduled execution. The person or agency shall produce
1830	the record or shall file in the trial court an affidavit stating
1831	that it does not have the requested record or that the record
1832	has been produced previously.
1833	(8)(a)  After production of additional public records or
1834	recertification as provided in subsection (7), the regional
1835	counsel or the private counsel is prohibited from making any
1836	further public records requests under this chapter. An agency is
1837	not required to produce additional public records except by
1838	court order as provided in this subsection.
1839	(b)  In order to obtain additional public records beyond
1840	those provided under subsection (7), the regional counsel,
1841	private counsel, or other counsel who is a member of The Florida
1842	Bar and is authorized by the regional counsel or private counsel
1843	shall file an affidavit in the trial court which attests that he
1844	or she has made a timely and diligent search of the records
1845	repository and specifically identifies those additional public
1846	records that are not at the repository and are relevant to the
1847	subject matter of a capital postconviction claim or are
1848	reasonably calculated to lead to the discovery of admissible
1849	evidence in the prosecution of such claim. The affiant shall
1850	provide a copy of the affidavit to all affected agencies upon
1851	the filing of such affidavit in the trial court.
1852	(c)  Within 15 days after the filing of an affidavit, the
1853	trial court shall order an agency to produce additional public
1854	records only if it finds each of the following:
1855	1.  The regional counsel or private counsel has made a
1856	timely and diligent search as provided in this section.
1857	2.  The regional or private counsel's affidavit identifies,
1858	with specificity, those additional public records that are not
1859	at the repository.
1860	3.  The additional public records sought are relevant to
1861	the subject matter of a claim for capital postconviction relief
1862	or appear reasonably calculated to lead to the discovery of
1863	admissible evidence in prosecuting such claim.
1864	4.  The additional public records request is not overbroad
1865	or unduly burdensome.
1866	(9)  The Secretary of State shall provide the personnel,
1867	supplies, and any necessary equipment used by the capital
1868	collateral regional counsel or private counsel to copy records
1869	held at the records repository.
1870	(10)  The trial court shall resolve any dispute that arises
1871	under this section, unless the appellate court has exclusive
1872	jurisdiction.
1873	(11)  The capital collateral regional counsel or private
1874	counsel shall not solicit another person to make a request for
1875	public records on behalf of the regional counsel or private
1876	counsel. The trial court shall impose appropriate sanctions
1877	against any regional counsel or private counsel found in
1878	violation of this subsection.
1879	(12)  Sixty days after a capital sentence is carried out,
1880	60 days after a defendant is released from incarceration
1881	following the granting of a pardon or reversal of the sentence,
1882	or 60 days after the defendant has been resentenced to a term of
1883	years, the Attorney General shall provide written notification
1884	to the Secretary of State, who may then destroy the records held
1885	by the records repository which pertain to that case.
1886	(13)  This section pertains only to the production of
1887	records for capital postconviction defendants and does not
1888	change or alter any time limitations provided by law governing
1889	capital postconviction claims and actions. Furthermore, this
1890	section does not affect, expand, or limit the production of
1891	public records for any purposes other than use in a capital
1892	postconviction proceeding. Nothing in this section constitutes
1893	grounds to expand the time limitations or allow any pleading in
1894	violation of chapter 924 or to stay an execution or death
1895	warrant.
1896	Section 40.  Subsection (3) of section 27.708, Florida
1897	Statutes, is amended to read:
1898	27.708  Access to prisoners; compliance with the Florida
1899	Rules of Criminal Procedure; records requests.--
1900	(3)  Except as provided in s. 27.7081 119.19, the capital
1901	collateral regional counsel or contracted private counsel shall
1902	not make any public records request on behalf of his or her
1903	client.
1904	Section 41.  Paragraph (d) of subsection (1) of section
1905	101.5607, Florida Statutes, is amended to read:
1906	101.5607  Department of State to maintain voting system
1907	information; prepare software.--
1908	(1)
1909	(d)  Section 119.071(1)(f) 119.07(6)(o) applies to all
1910	software on file with the Department of State.
1911	Section 42.  Paragraph (b) of subsection (2) of section
1912	112.533, Florida Statutes, is amended to read:
1913	112.533  Receipt and processing of complaints.--
1914	(2)
1915	(b)  This subsection does not apply to any public record
1916	which is exempt from public disclosure pursuant to chapter 119
1917	s. 119.07(6). For the purposes of this subsection, an
1918	investigation shall be considered active as long as it is
1919	continuing with a reasonable, good faith anticipation that an
1920	administrative finding will be made in the foreseeable future.
1921	An investigation shall be presumed to be inactive if no finding
1922	is made within 45 days after the complaint is filed.
1923	Section 43.  Paragraph (c) of subsection (3) of section
1924	119.011, Florida Statutes, is amended to read:
1925	119.011  Definitions.--As used in this chapter, the term:
1926	(3)
1927	(c)  "Criminal intelligence information" and "criminal
1928	investigative information" shall not include:
1929	1.  The time, date, location, and nature of a reported
1930	crime.
1931	2.  The name, sex, age, and address of a person arrested or
1932	of the victim of a crime except as provided in s. 119.071(2)(h)
1933	119.07(6)(f).
1934	3.  The time, date, and location of the incident and of the
1935	arrest.
1936	4.  The crime charged.
1937	5.  Documents given or required by law or agency rule to be
1938	given to the person arrested, except as provided in s.
1939	119.071(2)(h) 119.07(6)(f), and, except that the court in a
1940	criminal case may order that certain information required by law
1941	or agency rule to be given to the person arrested be maintained
1942	in a confidential manner and exempt from the provisions of s.
1943	119.07(1) until released at trial if it is found that the
1944	release of such information would:
1945	a.  Be defamatory to the good name of a victim or witness
1946	or would jeopardize the safety of such victim or witness; and
1947	b.  Impair the ability of a state attorney to locate or
1948	prosecute a codefendant.
1949	6.  Informations and indictments except as provided in s.
1950	905.26.
1951	Section 44.  Section 286.0113, Florida Statutes, is amended
1952	to read:
1953	286.0113  General exemptions from public meetings.--Those
1954	portions of any meeting which would reveal a security system
1955	plan or portion thereof made confidential and exempt by s.
1956	119.071(3)(a)(1) are exempt from the provisions of s. 286.011
1957	and s. 24(b), Art. I of the State Constitution. This section is
1958	subject to the Open Government Sunset Review Act of 1995, in
1959	accordance with s. 119.15, and shall stand repealed on October
1960	2, 2006, unless reviewed and saved from repeal through
1961	reenactment by the Legislature.
1962	Section 45.  Paragraph (h) of subsection (2) of section
1963	287.0943, Florida Statutes, is amended to read:
1964	287.0943  Certification of minority business enterprises.--
1965	(2)
1966	(h)  The certification procedures should allow an applicant
1967	seeking certification to designate on the application form the
1968	information the applicant considers to be proprietary,
1969	confidential business information. As used in this paragraph,
1970	"proprietary, confidential business information" includes, but
1971	is not limited to, any information that would be exempt from
1972	public inspection pursuant to the provisions of chapter 119 s.
1973	119.07(6); trade secrets; internal auditing controls and
1974	reports; contract costs; or other information the disclosure of
1975	which would injure the affected party in the marketplace or
1976	otherwise violate s. 286.041. The executor in receipt of the
1977	application shall issue written and final notice of any
1978	information for which noninspection is requested but not
1979	provided for by law.
1980	Section 46.  Subsection (1) of section 320.05, Florida
1981	Statutes, is amended to read:
1982	320.05  Records of the department; inspection procedure;
1983	lists and searches; fees.--
1984	(1)  Except as provided in chapter 119 ss. 119.07(6) and
1985	320.025(3), the department may release records as provided in
1986	this section.
1987	Section 47.  Subsection (8) of section 322.20, Florida
1988	Statutes, is amended to read:
1989	322.20  Records of the department; fees; destruction of
1990	records.--
1991	(8)  Except as provided in chapter 119 s. 119.07(6), the
1992	department may release records as provided in this section.
1993	Section 48.  Paragraph (b) of subsection (2) of section
1994	338.223, Florida Statutes, is amended to read:
1995	338.223  Proposed turnpike projects.--
1996	(2)
1997	(b)  In accordance with the legislative intent expressed in
1998	s. 337.273, and after the requirements of paragraph (1)(c) have
1999	been met, the department may acquire lands and property before
2000	making a final determination of the economic feasibility of a
2001	project. The requirements of paragraph (1)(c) do not apply to
2002	hardship and protective purchases of advance right-of-way by the
2003	department. The cost of advance acquisition of right-of-way may
2004	be paid from bonds issued under s. 337.276 or from turnpike
2005	revenues. For purposes of this paragraph, the term "hardship
2006	purchase" means purchase from a property owner of a residential
2007	dwelling of not more than four units who is at a disadvantage
2008	due to health impairment, job loss, or significant loss of
2009	rental income. For purposes of this paragraph, the term
2010	"protective purchase" means that a purchase to limit
2011	development, building, or other intensification of land uses
2012	within the area right-of-way is needed for transportation
2013	facilities. The department shall give written notice to the
2014	Department of Environmental Protection 30 days before final
2015	agency acceptance as set forth in s. 119.0711(2) 119.07(6)(n),
2016	which notice shall allow the Department of Environmental
2017	Protection to comment. Hardship and protective purchases of
2018	right-of-way shall not influence the environmental feasibility
2019	of a project, including the decision relative to the need to
2020	construct the project or the selection of a specific location.
2021	Costs to acquire and dispose of property acquired as hardship
2022	and protective purchases are considered costs of doing business
2023	for the department and are not to be considered in the
2024	determination of environmental feasibility for the project.
2025	Section 49.  Subsection (5) of section 401.27, Florida
2026	Statutes, is amended to read:
2027	401.27  Personnel; standards and certification.--
2028	(5)  The certification examination must be offered monthly.
2029	The department shall issue an examination admission notice to
2030	the applicant advising him or her of the time and place of the
2031	examination for which he or she is scheduled. Individuals
2032	achieving a passing score on the certification examination may
2033	be issued a temporary certificate with their examination grade
2034	report. The department must issue an original certification
2035	within 45 days after the examination. Examination questions and
2036	answers are not subject to discovery but may be introduced into
2037	evidence and considered only in camera in any administrative
2038	proceeding under chapter 120. If an administrative hearing is
2039	held, the department shall provide challenged examination
2040	questions and answers to the administrative law judge. The
2041	department shall establish by rule the procedure by which an
2042	applicant, and the applicant's attorney, may review examination
2043	questions and answers in accordance with s. 119.071(1)(a)
2044	119.07(6)(a).
2045	Section 50.  Section 409.2577, Florida Statutes, is amended
2046	to read:
2047	409.2577  Parent locator service.--The department shall
2048	establish a parent locator service to assist in locating parents
2049	who have deserted their children and other persons liable for
2050	support of dependent children. The department shall use all
2051	sources of information available, including the Federal Parent
2052	Locator Service, and may request and shall receive information
2053	from the records of any person or the state or any of its
2054	political subdivisions or any officer thereof. Any agency as
2055	defined in s. 120.52, any political subdivision, and any other
2056	person shall, upon request, provide the department any
2057	information relating to location, salary, insurance, social
2058	security, income tax, and employment history necessary to locate
2059	parents who owe or potentially owe a duty of support pursuant to
2060	Title IV-D of the Social Security Act. This provision shall
2061	expressly take precedence over any other statutory nondisclosure
2062	provision which limits the ability of an agency to disclose such
2063	information, except that law enforcement information as provided
2064	in s. 119.071(4)(d) 119.07(6)(i) is not required to be
2065	disclosed, and except that confidential taxpayer information
2066	possessed by the Department of Revenue shall be disclosed only
2067	to the extent authorized in s. 213.053(15). Nothing in this
2068	section requires the disclosure of information if such
2069	disclosure is prohibited by federal law. Information gathered or
2070	used by the parent locator service is confidential and exempt
2071	from the provisions of s. 119.07(1). Additionally, the
2072	department is authorized to collect any additional information
2073	directly bearing on the identity and whereabouts of a person
2074	owing or asserted to be owing an obligation of support for a
2075	dependent child. The department shall, upon request, make
2076	information available only to public officials and agencies of
2077	this state; political subdivisions of this state, including any
2078	agency thereof providing child support enforcement services to
2079	non-Title IV-D clients; the custodial parent, legal guardian,
2080	attorney, or agent of the child; and other states seeking to
2081	locate parents who have deserted their children and other
2082	persons liable for support of dependents, for the sole purpose
2083	of establishing, modifying, or enforcing their liability for
2084	support, and shall make such information available to the
2085	Department of Children and Family Services for the purpose of
2086	diligent search activities pursuant to chapter 39. If the
2087	department has reasonable evidence of domestic violence or child
2088	abuse and the disclosure of information could be harmful to the
2089	custodial parent or the child of such parent, the child support
2090	program director or designee shall notify the Department of
2091	Children and Family Services and the Secretary of the United
2092	States Department of Health and Human Services of this evidence.
2093	Such evidence is sufficient grounds for the department to
2094	disapprove an application for location services.
2095	Section 51.  Subsection (1) of section 633.527, Florida
2096	Statutes, is amended to read:
2097	633.527  Records concerning applicant; extent of
2098	confidentiality.--
2099	(1)  Test material is made confidential by s. 119.071(1)(a)
2100	119.07(6)(a). An applicant may waive in writing the
2101	confidentiality of his or her examination answer sheet for the
2102	purpose of discussion with the State Fire Marshal or his or her
2103	staff.
2104	Section 52.  Subsection (1) of section 794.024, Florida
2105	Statutes, is amended to read:
2106	794.024  Unlawful to disclose identifying information.--
2107	(1)  A public employee or officer who has access to the
2108	photograph, name, or address of a person who is alleged to be
2109	the victim of an offense described in this chapter, chapter 800,
2110	s. 827.03, s. 827.04, or s. 827.071 may not willfully and
2111	knowingly disclose it to a person who is not assisting in the
2112	investigation or prosecution of the alleged offense or to any
2113	person other than the defendant, the defendant's attorney, a
2114	person specified in an order entered by the court having
2115	jurisdiction of the alleged offense, or organizations authorized
2116	to receive such information made exempt by s. 119.071(2)(h)
2117	119.07(6)(f), or to a rape crisis center or sexual assault
2118	counselor, as defined in s. 90.5035(1)(b), who will be offering
2119	services to the victim.
2120	Section 53.  Paragraph (b) of subsection (8) of section
2121	1007.35, Florida Statutes, is amended to read:
2122	1007.35  Florida Partnership for Minority and
2123	Underrepresented Student Achievement.--
2124	(8)
2125	(b)  The department shall contribute to the evaluation
2126	process by providing access, consistent with s. 119.071(5)(a)
2127	119.0721, to student and teacher information necessary to match
2128	against databases containing teacher professional development
2129	data and databases containing assessment data for the
2130	PSAT/NMSQT, SAT, AP, and other appropriate measures. The
2131	department shall also provide student-level data on student
2132	progress from middle school through high school and into college
2133	and the workforce, if available, in order to support
2134	longitudinal studies. The partnership shall analyze and report
2135	student performance data in a manner that protects the rights of
2136	students and parents as required in 20 U.S.C. s. 1232g and s.
2137	1002.22.
2138	Section 54.  This act shall take effect October 1, 2005.

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