HB 1211

1	A bill to be entitled
2	An act relating to public records and public meetings;
3	creating s. 119.001, F.S.; designating the title of ch.
4	119, F.S., as the "Open Government Act"; amending s.
5	119.01, F.S.; including an Open Government Bill of Rights
6	within the general state policy on public records;
7	delineating rights of persons and requirements of agencies
8	under the bill of rights; amending s. 119.011, F.S.;
9	defining the terms "actual cost to duplicate," "exempt,"
10	"confidential and exempt," and "trade secret"; changing a
11	cross-reference within the definition of "exemption" to
12	conform to the transfer of s. 286.011, F.S., by this act;
13	amending s. 119.07, F.S.; revising and clarifying
14	provisions which require a custodian of public records to
15	furnish a copy or certified copy of a public record;
16	revising fees for duplication of specified documents;
17	authorizing an agency to reduce or waive duplication fees
18	for a valid public purpose; requiring the Department of
19	State to develop and implement consistent policies
20	regarding fee reductions and waivers; conforming
21	references; removing provisions with respect to a fee for
22	remote electronic access to public records and a special
23	service charge for the inspection or copying of public
24	records of extraordinary nature or volume that are
25	transferred to and revised within other sections of
26	Florida Statutes set forth in this act; creating s.
27	119.13, F.S., and transferring, renumbering, and amending
28	s. 286.011, F.S.; revising and clarifying provisions
29	governing public meetings and meeting records and access
30	to public meetings; providing that all meetings of any
31	collegial body of any agency at which an official act is
32	to be taken or at which public business will be transacted
33	or discussed are declared to be public meetings open to
34	the public at all times except as otherwise provided in
35	the State Constitution; requiring agencies to provide
36	reasonable notice of such meetings; requiring agencies to
37	ensure that minutes of a public meeting are taken and
38	promptly recorded; requiring that meeting minutes be open
39	to public inspection; prohibiting an agency from holding a
40	public meeting at any facility or location that
41	discriminates on the basis of sex, age, race, creed,
42	color, origin, or economic status or that operates in such
43	a manner as to unreasonably restrict public access to the
44	facility or location; removing provisions governing court
45	jurisdiction, penalties, and discussions of pending
46	litigation that are transferred to or included within
47	other sections of Florida Statutes set forth in this act;
48	repealing s. 286.0111, F.S., relating to the applicability
49	of the Open Government Sunset Review Act to certain
50	exemptions from requirements for public meetings and
51	recordkeeping by governmental entities; creating s.
52	119.31, F.S., and transferring, renumbering, and amending
53	s. 286.0113, F.S., relating to general exemptions from
54	public meetings, and s. 286.011(8), F.S., relating to the
55	authority of any board or commission of any state agency
56	or authority or any agency or authority of any county,
57	municipal corporation, or political subdivision, and the
58	chief administrative or executive officer of the
59	governmental entity, to meet in private with the entity's
60	attorney to discuss pending litigation to which the entity
61	is presently a party before a court or administrative
62	agency under specified conditions; organizing provisions,
63	conforming references, and making editorial changes;
64	creating s. 119.132, F.S., and transferring, renumbering,
65	and  amending s. 286.012, F.S.; organizing provisions;
66	creating s. 119.133, F.S., and transferring, renumbering,
67	and amending s. 286.26, F.S.; revising terminology;
68	amending s. 119.15, F.S., relating to legislative review
69	and repeal or reenactment of exemptions from public
70	meeting and public records requirements; conforming cross
71	references; providing for repeal of exemptions from public
72	meeting and public records requirements in the 10th year
73	after reenactment, unless the Legislature acts to reenact
74	the exemption; providing that a law that enacts a new
75	exemption or substantially amends an existing exemption
76	must state that the exemption must be reviewed by the
77	Legislature before its scheduled repeal date, and every 10
78	years thereafter; creating s. 119.20, F.S., and
79	transferring, renumbering, and amending s. 119.10, F.S.;
80	providing criminal and noncriminal penalties for
81	violations of public records and public meetings laws;
82	creating s. 119.21, F.S., and transferring, renumbering,
83	and amending s. 119.11, F.S.; providing that the circuit
84	courts of the state shall have jurisdiction to issue
85	injunctions to enforce the purposes of the Open Government
86	Act; creating s. 119.22, F.S., and transferring,
87	renumbering, and amending s. 119.12, F.S.; authorizing the
88	court to assess and award reasonable costs of enforcement,
89	including reasonable attorney's fees, in specified civil
90	actions; amending ss. 20.052, 20.19, 20.41, 90.502,
91	106.25, 110.201, 112.3215, 112.324, 119.011, 119.07,
92	119.15, 120.54, 125.355, 154.207, 166.045, 212.055,
93	213.732, 215.442, 215.5602, 255.20, 259.1053, 281.301,
94	282.711, 288.709, 288.955, 288.9551, 288.9625, 288.9626,
95	288.982, 288.985, 292.055, 322.125, 331.326, 339.410,
96	350.031, 365.172, 381.0055, 381.84, 381.85, 381.922,
97	383.412, 394.657, 394.907, 395.1056, 395.3035, 395.3036,
98	395.51, 397.419, 400.0077, 400.119, 401.425, 402.165,
99	402.166, 402.22, 406.075, 408.7056, 409.2558, 409.91196,
100	413.0111, 413.615, 414.106, 440.3851, 447.205, 447.605,
101	455.217, 455.225, 455.232, 455.32, 456.017, 456.073,
102	456.082, 466.022, 471.038, 472.0131, 472.02011, 472.033,
103	497.172, 624.40851, 624.82, 624.86, 627.0628, 627.091,
104	627.093, 627.311, 627.3121, 627.351, 627.6488, 631.724,
105	631.932, 633.175, 641.68, 641.75, 655.0321, 723.0611,
106	741.3165, 766.101, 768.28, 910.005, 910.16, 921.0022,
107	943.031, 943.0314, 945.602, 945.6032, 951.26, 985.8025,
108	1000.39, 1002.33, 1003.57, 1003.62, 1003.63, 1004.226,
109	1004.30, 1004.43, 1004.447, 1004.4472, 1005.38, 1006.07,
110	1013.14, and 1013.15, F.S.; conforming cross references;
111	providing an effective date.
112
113	WHEREAS, an open and accessible government is the key to
114	establishing and maintaining the people's trust and confidence
115	in their government and its ability to effectively serve its
116	residents, and
117	WHEREAS, the State of Florida has a long history of
118	providing public access to the records and meetings of public
119	entities, and
120	WHEREAS, Florida must continually strive to be a national
121	leader in open government reform, and
122	WHEREAS, on June 19, 2007, Governor Charlie Crist created
123	the Commission on Open Government Reform to review, evaluate,
124	and issue recommendations regarding Florida's public records and
125	public meeting laws, and
126	WHEREAS, the Commission on Open Government Reform received
127	public testimony requesting the need for greater ease of access
128	to public records and public meetings, the need to increase the
129	level of courteousness and respect shown to state residents
130	seeking access to public records, and the need to create a
131	culture which will increase the public's trust and confidence in
132	their government and its ability to serve the people, and
133	WHEREAS, streamlining and clarifying laws and policies
134	governing public records and public meetings will result in
135	making government more open, accessible, and accountable to the
136	residents of this state, NOW, THEREFORE,
137
138	Be It Enacted by the Legislature of the State of Florida:
139
140	Section 1.  Section 119.001, Florida Statutes, is created
141	to read:
142	119.001  Short Title.-This chapter may be cited as the
143	"Open Government Act."
144	Section 2.  Section 119.01, Florida Statutes, is amended to
145	read:
146	119.01  General state policy on public records; Open
147	Government Bill of Rights.-
148	(1)  It is the policy of this state that all state, county,
149	and municipal records are open for personal inspection and
150	copying by any person. Providing access to public records is a
151	duty of each agency.
152	(2)(a)  The Open Government Bill of Rights includes the
153	following principles:
154	1.  Access to public records and public meetings are rights
155	secured under this chapter and s. 24, Art. I of the State
156	Constitution.
157	2.  Every person has the right to:
158	a.  Inspect or copy any public record that is made or
159	received in connection with the official business of any public
160	body, officer, or employee, unless the record is specifically
161	exempt from this requirement.
162	b.  Attend any meeting of a collegial public body at which
163	official public business is to be transacted or discussed,
164	unless the meeting is specifically exempt from this requirement.
165	3.  Every person seeking access to a public record is
166	entitled to be treated with respect, courtesy, and
167	professionalism.
168	4.  A public records request need not be made in writing
169	unless otherwise explicitly required by law.
170	5.  An agency must promptly acknowledge the receipt of a
171	public records request.
172	6.  Fees to produce public records may not exceed the
173	amount authorized by law. Every person has the right to receive
174	an itemized invoice of the estimated cost to produce the public
175	record that is requested.
176	(b)  All agencies must:
177	1.  Comply with the Open Government Bill of Rights for the
178	purpose of safeguarding and protecting a person's right to
179	access public records and meetings.
180	2.  Conspicuously post the Open Government Bill of Rights
181	on the agency's website and at the agency's headquarters.
182	3.  Promptly acknowledge requests to inspect or copy public
183	records.
184	(c)  If a specific statute requires that a request for a
185	public record be made in writing, the statutory citation must be
186	provided to the person requesting the public record.
187	(d)  An itemized invoice of the estimated cost to produce a
188	requested public record must include the statutory citation that
189	authorizes the imposition of fees and that is specifically
190	related to the requested public record.
191	(3)(2)(a)  Automation of public records must not erode the
192	right of access to those records. As each agency increases its
193	use of and dependence on electronic recordkeeping, each agency
194	must provide reasonable public access to records electronically
195	maintained and must ensure that exempt or confidential records
196	are not disclosed except as otherwise permitted by law.
197	(b)  When designing or acquiring an electronic
198	recordkeeping system, an agency must consider whether such
199	system is capable of providing data in some common format such
200	as, but not limited to, the American Standard Code for
201	Information Interchange.
202	(c)  An agency may not enter into a contract for the
203	creation or maintenance of a public records database if that
204	contract impairs the ability of the public to inspect or copy
205	the public records of the agency, including public records that
206	are online or stored in an electronic recordkeeping system used
207	by the agency.
208	(d)  Subject to the restrictions of copyright and trade
209	secret laws and public records exemptions, agency use of
210	proprietary software must not diminish the right of the public
211	to inspect and copy a public record.
212	(e)  Providing access to public records by remote
213	electronic means is an additional method of access that agencies
214	should strive to provide to the extent feasible. If an agency
215	provides access to public records by remote electronic means,
216	such access should be provided in the most cost-effective and
217	efficient manner available to the agency providing the
218	information.
219	(f)  Each agency that maintains a public record in an
220	electronic recordkeeping system shall provide to any person,
221	pursuant to this chapter, a copy of any public record in that
222	system which is not exempted by law from public disclosure. An
223	agency must provide a copy of the record in the medium requested
224	if the agency maintains the record in that medium, and the
225	agency may charge a fee in accordance with this chapter. For the
226	purpose of satisfying a public records request, the fee to be
227	charged by an agency if it elects to provide a copy of a public
228	record in a medium not routinely used by the agency, or if it
229	elects to compile information not routinely developed or
230	maintained by the agency or that requires a substantial amount
231	of manipulation or programming, must be in accordance with s.
232	119.07(4).
233	(4)(3)  If public funds are expended by an agency in
234	payment of dues or membership contributions for any person,
235	corporation, foundation, trust, association, group, or other
236	organization, all the financial, business, and membership
237	records of that person, corporation, foundation, trust,
238	association, group, or other organization which pertain to the
239	public agency are public records and subject to the provisions
240	of s. 119.07.
241	Section 3.  Subsections (1) and (8) of section 119.011,
242	Florida Statutes, are amended, and subsection (15) is added to
243	that section, to read:
244	119.011  Definitions.-As used in this chapter, the term:
245	(1)(a)  "Actual cost to duplicate of duplication" means the
246	actual direct cost of the resources expended by the agency in
247	complying with a public records request, including the cost of
248	materials and supplies, information technology resources, and
249	staff costs as provided in this subsection.
250	(b)  Staff costs may be charged for only a public record
251	request that requires more than 30 minutes of a staff member's
252	time to complete. Staff costs must be calculated based on the
253	base hourly rate of the lowest paid staff member who is capable
254	of providing the requested public record, including the cost of
255	any supervisory assistance.
256	(c)  For public records that are used, stored, or
257	maintained electronically, if the person requesting the public
258	record requests that the record be provided in a format that is
259	not ordinarily used, stored, or maintained, the cost to produce
260	or convert the information into the requested format may be
261	calculated as part of the actual cost to duplicate cost of the
262	material and supplies used to duplicate the public record, but
263	does not include labor cost or overhead cost associated with
264	such duplication.
265	(8)(a)  "Exemption" means a provision of general law which
266	provides that a specified record or meeting, or portion thereof,
267	is not subject to the access requirements of s. 119.07(1), s.
268	119.13 286.011, or s. 24, Art. I of the State Constitution.
269	(b)  "Exempt" and "confidential and exempt" mean that a
270	specified record or meeting, or portion thereof, is not subject
271	to the access requirements of s. 119.07(1), s. 119.13(1), or s.
272	24, Art. I of the State Constitution, and that the record or
273	record of the meeting may be released only to those persons and
274	entities who are designated by law to view the record or attend
275	the meeting.
276	(15)  "Trade secret" has the same meaning as provided in s.
277	688.002.
278	Section 4.  Subsection (2), paragraph (d) of subsection
279	(3), and subsections (4) and (7) of section 119.07, Florida
280	Statutes, are amended to read:
281	119.07  Inspection and copying of records; photographing
282	public records; fees; exemptions.-
283	(2)(a)  As an additional means of inspecting or copying
284	public records, a custodian of public records may provide access
285	to public records by remote electronic means, provided exempt or
286	confidential information is not disclosed.
287	(b)  The custodian of public records shall provide
288	safeguards to protect the contents of public records from
289	unauthorized remote electronic access or alteration and to
290	prevent the disclosure or modification of those portions of
291	public records which are exempt or confidential from subsection
292	(1) or s. 24, Art. I of the State Constitution.
293	(c)  Unless otherwise required by law, the custodian of
294	public records may charge a fee for remote electronic access,
295	granted under a contractual arrangement with a user, which fee
296	may include the direct and indirect costs of providing such
297	access. Fees for remote electronic access provided to the
298	general public shall be in accordance with the provisions of
299	this section.
300	(3)
301	(d)  Photographing of public records shall be done in the
302	room where the public records are kept. If, in the judgment of
303	the custodian of public records, this is impossible or
304	impracticable, photographing shall be done in another room or
305	place, as nearly adjacent as possible to the room where the
306	public records are kept, to be determined by the custodian of
307	public records. Where provision of another room or place for
308	photographing is required, the expense of providing the same
309	shall be paid by the person desiring to photograph the public
310	record pursuant to paragraph (4)(d) (4)(e).
311	(4)  The custodian of public records shall furnish a copy
312	or a certified copy of the public record when the person
313	requesting the record pays the fee as provided in this section,
314	or as otherwise specifically provided upon payment of the fee
315	prescribed by law. If a fee is not prescribed by law, the
316	following fees are authorized:
317	(a)  For duplicated copies of documents sized 8 1/2 by 14
318	inches or less:
319	1.  Up to 15 cents per page for each one-sided copy. for
320	duplicated copies of not more than 14 inches by 8 1/2 inches;
321	2.  Up to 20 cents per page for each No more than an
322	additional 5 cents for each two-sided copy.; and
323	3.  Up to $1 for each duplicated copy requested to be
324	certified For all other copies, the actual cost of duplication
325	of the public record.
326	(b)  The actual cost to duplicate may be charged for:
327	1.  Duplicated copies of documents sized larger than 14
328	inches by 8 1/2 inches. The charge for
329	2.  Copies of county maps or aerial photographs supplied by
330	county constitutional officers may also include a reasonable
331	charge for the labor and overhead associated with their
332	duplication.
333	3.  Copies of public records that are electronically used,
334	stored, or maintained by an agency, including any cost to
335	convert or export the record into the electronic format
336	requested.
337	(c)  An agency may reduce or waive the fees provided in
338	this section for a valid public purpose, including nonprofit
339	activities and academic research. The Department of State must
340	develop and implement consistent policies regarding any fee
341	reductions or waivers charge up to $1 per copy for a certified
342	copy of a public record.
343	(d)  If the nature or volume of public records requested to
344	be inspected or copied pursuant to this subsection is such as to
345	require extensive use of information technology resources or
346	extensive clerical or supervisory assistance by personnel of the
347	agency involved, or both, the agency may charge, in addition to
348	the actual cost of duplication, a special service charge, which
349	shall be reasonable and shall be based on the cost incurred for
350	such extensive use of information technology resources or the
351	labor cost of the personnel providing the service that is
352	actually incurred by the agency or attributable to the agency
353	for the clerical and supervisory assistance required, or both.
354	(d)(e)1.  Where provision of another room or place is
355	necessary to photograph public records, the expense of providing
356	the records same shall be paid by the person desiring to
357	photograph the public records.
358	2.  The custodian of public records may charge the person
359	making the photographs for supervision services at a rate of
360	compensation to be agreed upon by the person desiring to make
361	the photographs and the custodian of public records. If they
362	fail to agree as to the appropriate charge, the charge shall be
363	determined by the custodian of public records.
364	(7)  An exemption from this section does not imply an
365	exemption from s. 119.13(1) s. 286.011. The exemption from s.
366	119.13(1) s. 286.011 must be expressly provided.
367	Section 5.  Subsections (1) through (7) of section 286.011,
368	Florida Statutes, are transferred, renumbered as section 119.13,
369	Florida Statutes, and amended to read:
370	119.13 286.011  Public meetings and records of meetings;
371	access to public meetings inspection; criminal and civil
372	penalties.-
373	(1)  Except as otherwise provided in the State
374	Constitution, all meetings of any collegial body of any agency
375	board or commission of any state agency or authority or of any
376	agency or authority of any county, municipal corporation, or
377	political subdivision, except as otherwise provided in the
378	Constitution, at which official acts are to be taken or at which
379	public business will be transacted or discussed are declared to
380	be public meetings open to the public at all times. A, and no
381	resolution, rule, or formal action is not shall be considered
382	binding unless it is adopted or taken at a public meeting except
383	as taken or made at such meeting. The agency board or commission
384	must provide reasonable notice of all such meetings.
385	(2)  The agency shall ensure that minutes of a public
386	meeting are taken and of any such board or commission of any
387	such state agency or authority shall be promptly recorded.
388	Meeting minutes, and such records shall be open to public
389	inspection. The circuit courts of this state shall have
390	jurisdiction to issue injunctions to enforce the purposes of
391	this section upon application by any citizen of this state.
392	(3)(a)  Any public officer who violates any provision of
393	this section is guilty of a noncriminal infraction, punishable
394	by fine not exceeding $500.
395	(b)  Any person who is a member of a board or commission or
396	of any state agency or authority of any county, municipal
397	corporation, or political subdivision who knowingly violates the
398	provisions of this section by attending a meeting not held in
399	accordance with the provisions hereof is guilty of a misdemeanor
400	of the second degree, punishable as provided in s. 775.082 or s.
401	775.083.
402	(c)  Conduct which occurs outside the state which would
403	constitute a knowing violation of this section is a misdemeanor
404	of the second degree, punishable as provided in s. 775.082 or s.
405	775.083.
406	(4)  Whenever an action has been filed against any board or
407	commission of any state agency or authority or any agency or
408	authority of any county, municipal corporation, or political
409	subdivision to enforce the provisions of this section or to
410	invalidate the actions of any such board, commission, agency, or
411	authority, which action was taken in violation of this section,
412	and the court determines that the defendant or defendants to
413	such action acted in violation of this section, the court shall
414	assess a reasonable attorney's fee against such agency, and may
415	assess a reasonable attorney's fee against the individual filing
416	such an action if the court finds it was filed in bad faith or
417	was frivolous. Any fees so assessed may be assessed against the
418	individual member or members of such board or commission;
419	provided, that in any case where the board or commission seeks
420	the advice of its attorney and such advice is followed, no such
421	fees shall be assessed against the individual member or members
422	of the board or commission. However, this subsection shall not
423	apply to a state attorney or his or her duly authorized
424	assistants or any officer charged with enforcing the provisions
425	of this section.
426	(5)  Whenever any board or commission of any state agency
427	or authority or any agency or authority of any county, municipal
428	corporation, or political subdivision appeals any court order
429	which has found said board, commission, agency, or authority to
430	have violated this section, and such order is affirmed, the
431	court shall assess a reasonable attorney's fee for the appeal
432	against such board, commission, agency, or authority. Any fees
433	so assessed may be assessed against the individual member or
434	members of such board or commission; provided, that in any case
435	where the board or commission seeks the advice of its attorney
436	and such advice is followed, no such fees shall be assessed
437	against the individual member or members of the board or
438	commission.
439	(3)(6)  An agency may not hold All persons subject to
440	subsection (1) are prohibited from holding meetings at any
441	facility or location that: which
442	(a)  Discriminates on the basis of sex, age, race, creed,
443	color, origin, or economic status; or which
444	(b)  Operates in such a manner as to unreasonably restrict
445	public access to the such a facility or location.
446	(7)  Whenever any member of any board or commission of any
447	state agency or authority or any agency or authority of any
448	county, municipal corporation, or political subdivision is
449	charged with a violation of this section and is subsequently
450	acquitted, the board or commission is authorized to reimburse
451	said member for any portion of his or her reasonable attorney's
452	fees.
453	Section 6.  Section 286.0111, Florida Statutes, is
454	repealed.
455	Section 7.  Section 286.0113, Florida Statutes, is
456	transferred, renumbered as section 119.131, Florida Statutes,
457	and amended, and subsection (8) of section 286.011, Florida
458	Statutes, is transferred, redesignated as subsection (3) of that
459	section, and amended, to read:
460	119.131 286.0113  Public meetings exemptions General
461	exemptions from public meetings.-
462	(1)  SECURITY SYSTEM PLANS.-That portion of a meeting that
463	would reveal a security system plan or portion thereof made
464	confidential and exempt by s. 119.071(3)(a) is exempt from s.
465	119.13(1) 286.011 and s. 24(b), Art. I of the State
466	Constitution.
467	(2)  COMPETITIVE PROCUREMENTS.-
468	(a)  A meeting at which a negotiation with a vendor is
469	conducted pursuant to s. 287.057(3) is exempt from s. 119.13(1)
470	286.011 and s. 24(b), Art. I of the State Constitution.
471	(b)1.  A complete recording shall be made of any meeting
472	made exempt in paragraph (a). No portion of the meeting may be
473	held off the record.
474	2.  The recording required under subparagraph 1. is exempt
475	from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
476	until such time as the agency provides notice of a decision or
477	intended decision pursuant to s. 120.57(3)(a) or until 20 days
478	after the final competitive sealed replies are all opened,
479	whichever occurs earlier.
480	3.  If the agency rejects all sealed replies, the recording
481	remains exempt from s. 119.07(1) and s. 24(a), Art. I of the
482	State Constitution until such time as the agency provides notice
483	of a decision or intended decision pursuant to s. 120.57(3)(a)
484	concerning the reissued invitation to negotiate or until the
485	agency withdraws the reissued invitation to negotiate. A
486	recording is not exempt for longer than 12 months after the
487	initial agency notice rejecting all replies.
488	(c)  This subsection is subject to the Open Government
489	Sunset Review Act in accordance with s. 119.15 and shall stand
490	repealed on October 2, 2011, unless reviewed and saved from
491	repeal through reenactment by the Legislature.
492	(3)(8)  PENDING LITIGATION.-Notwithstanding s. 119.13(1)
493	the provisions of subsection (1), any board or commission of any
494	state agency or authority or any agency or authority of any
495	county, municipal corporation, or political subdivision, and the
496	chief administrative or executive officer of the governmental
497	entity, may meet in private with the entity's attorney to
498	discuss pending litigation to which the entity is presently a
499	party before a court or administrative agency, if provided that
500	the following conditions are met:
501	(a)  The entity's attorney must shall advise the entity at
502	a public meeting that he or she desires advice concerning the
503	litigation.
504	(b)  The subject matter of the meeting shall be confined to
505	settlement negotiations or strategy sessions related to
506	litigation expenditures.
507	(c)  The entire session shall be recorded by a certified
508	court reporter. The reporter shall record the times of
509	commencement and termination of the session, all discussion and
510	proceedings, the names of all persons present at any time, and
511	the names of all persons speaking. No portion of the session
512	shall be off the record. The court reporter's notes shall be
513	fully transcribed and filed with the entity's clerk within a
514	reasonable time after the meeting.
515	(d)  The entity shall give reasonable public notice of the
516	time and date of the attorney-client session and the names of
517	persons who will be attending the session. The session shall
518	commence at an open meeting at which the persons chairing the
519	meeting shall announce the commencement and estimated length of
520	the attorney-client session and the names of the persons
521	attending. At the conclusion of the attorney-client session, the
522	meeting shall be reopened, and the person chairing the meeting
523	shall announce the termination of the session.
524	(e)  The transcript shall be made part of the public record
525	upon conclusion of the litigation.
526	Section 8.  Section 286.012, Florida Statutes, is
527	transferred, renumbered as section 119.132, Florida Statutes,
528	and amended to read:
529	119.132 286.012  Voting requirement at meetings of
530	governmental bodies.-
531	(1)  A No member of any state, county, or municipal
532	governmental board, commission, or agency who is present at any
533	meeting of any such body at which an official decision, ruling,
534	or other official act is to be taken or adopted may not abstain
535	from voting in regard to any such decision, ruling, or act.; and
536	(2)  A vote shall be recorded or counted for each such
537	member present, except when, with respect to any such member,
538	there is, or appears to be, a possible conflict of interest
539	under the provisions of s. 112.311, s. 112.313, or s. 112.3143.
540	In such cases, the said member shall comply with the disclosure
541	requirements of s. 112.3143.
542	Section 9.  Section 286.26, Florida Statutes, is
543	transferred, renumbered as section 119.133, Florida Statutes,
544	and amended to read:
545	119.133 286.26  Accessibility of public meetings to a
546	person with a disability the physically handicapped.-
547	(1)  Whenever any board or commission of any state agency
548	or authority, or of any agency or authority of any county,
549	municipal corporation, or other political subdivision, which has
550	scheduled a meeting at which official acts are to be taken
551	receives, at least 48 hours before prior to the meeting, a
552	written request by a physically handicapped person with a
553	disability to attend the meeting, directed to the chairperson or
554	director of the such board, commission, agency, or authority,
555	such chairperson or director shall provide a manner by which the
556	such person with a disability may attend the meeting at its
557	scheduled site or reschedule the meeting to a site that which
558	would be accessible to the such person with a disability.
559	(2)  If the an affected handicapped person with a
560	disability objects in the written request, nothing contained in
561	the provisions of this section does not permit shall be
562	construed or interpreted to permit the use of human physical
563	assistance to the person physically handicapped in lieu of the
564	construction or use of ramps or other mechanical devices in
565	order to comply with the provisions of this section.
566	Section 10.  Subsections (2), (3), and (4) of section
567	119.15, Florida Statutes, are amended to read:
568	119.15  Legislative review of exemptions from public
569	meeting and public records requirements.-
570	(2)  This section provides for the review and repeal or
571	reenactment of an exemption from s. 24, Art. I of the State
572	Constitution and s. 119.07(1) or s. 119.13(1) 286.011. This act
573	does not apply to an exemption that:
574	(a)  Is required by federal law; or
575	(b)  Applies solely to the Legislature or the State Court
576	System.
577	(3)(a)  In the 5th year after enactment of a new exemption
578	or substantial amendment of an existing exemption, the exemption
579	shall be repealed on October 2nd of the 5th year, unless the
580	Legislature acts to reenact the exemption.
581	(b)  In the 10th year after reenactment, the exemption
582	shall be repealed on October 2nd of the 10th year, unless the
583	Legislature acts to reenact the exemption.
584	(4)(a)  A law that enacts a new exemption or substantially
585	amends an existing exemption must state that the record or
586	meeting is:
587	1.  Exempt from s. 24, Art. I of the State Constitution;
588	2.  Exempt from s. 119.07(1) or s. 119.13(1) 286.011; and
589	3.  Repealed at the end of 5 years and that the exemption
590	must be reviewed by the Legislature before the scheduled repeal
591	date, and every 10 years thereafter.
592	(b)  For purposes of this section, an exemption is
593	substantially amended if the amendment expands the scope of the
594	exemption to include more records or information or to include
595	meetings as well as records. An exemption is not substantially
596	amended if the amendment narrows the scope of the exemption.
597	(c)  This section is not intended to repeal an exemption
598	that has been amended following legislative review before the
599	scheduled repeal of the exemption if the exemption is not
600	substantially amended as a result of the review.
601	Section 11.  Section 119.10, Florida Statutes, is
602	transferred, renumbered as section 119.20, Florida Statutes, and
603	amended to read:
604	119.20 119.10  Violation of public records and public
605	meetings requirements chapter; penalties.-
606	(1)  Any person public officer who violates:
607	(a)  Violates Any provision of this chapter; or
608	(b)  Any other law that relates to access to public records
609	or public meetings, including those that limit public access to
610	such records or meetings,
611
612	commits a noncriminal infraction, punishable by fine not
613	exceeding $500.
614	(2)(b)  Any person who willfully and knowingly violates the
615	provisions of s. 119.07(1) or s. 119.13(1) is subject to
616	suspension and removal or impeachment and, in addition, commits
617	a misdemeanor of the first degree, punishable as provided in s.
618	775.082 or s. 775.083.
619	(3)(2)  Any person who willfully and knowingly violates:
620	(a)  Any of the provisions of this chapter; or
621	(b)  Any other law that relates to access to public records
622	or public meetings, including those that limit public access to
623	such records or meetings,
624
625	commits a misdemeanor of the first degree, punishable as
626	provided in s. 775.082 or s. 775.083.
627	(4)(b)  Any person who willfully and knowingly violates
628	section 119.105 commits a felony of the third degree, punishable
629	as provided in s. 775.082, s. 775.083, or s. 775.084.
630	(5)  Conduct that occurs outside the state which would
631	constitute a willful and knowing violation of this chapter is a
632	misdemeanor of the second degree, punishable as provided in s.
633	775.082 or s. 775.083.
634	Section 12.  Section 119.11, Florida Statutes, is
635	transferred, renumbered as section 119.21, Florida Statutes, and
636	amended to read:
637	119.21 119.11  Accelerated hearing; immediate compliance.-
638	(1)(a)  The circuit courts of this state shall have
639	jurisdiction to issue injunctions to enforce the purposes of
640	this chapter upon application by any person.
641	(b)  Whenever an action is filed to enforce the provisions
642	of this chapter, the court shall set an immediate hearing,
643	giving the case priority over other pending cases.
644	(2)  Whenever a court orders an agency to open its records
645	for inspection in accordance with this chapter, the agency shall
646	comply with the such order within 48 hours, unless otherwise
647	provided by the court issuing the such order, or unless the
648	appellate court issues a stay order within the such 48-hour
649	period.
650	(3)  The court may not issue a stay order shall not be
651	issued unless it the court determines that there is a
652	substantial probability that opening the records for inspection
653	will result in significant damage.
654	(4)  Upon service of a complaint, counterclaim, or cross-
655	claim in a civil action brought to enforce the provisions of
656	this chapter, the custodian of the public record that is the
657	subject matter of the such civil action may shall not transfer
658	custody, alter, destroy, or otherwise dispose of the public
659	record sought to be inspected and examined, notwithstanding the
660	applicability of an exemption or the assertion that the
661	requested record is not a public record subject to inspection
662	and examination under s. 119.07(1), until the court directs
663	otherwise. The person who has custody of the such public record
664	may, however, at any time permit inspection of the requested
665	record as provided in s. 119.07(1) and other provisions of law.
666	Section 13.  Section 119.12, Florida Statutes, is
667	transferred, renumbered as section 119.22, Florida Statutes, and
668	amended to read:
669	119.22 119.12  Attorney's fees.-If a civil action is filed
670	against an agency to enforce the provisions of this chapter or
671	any other law that relates to access to public records or public
672	meetings, including those that restrict public access to such
673	records or meetings, and if the court determines that the such
674	agency violated such provision unlawfully refused to permit a
675	public record to be inspected or copied, the court shall assess
676	and award, against the agency responsible, the reasonable costs
677	of enforcement including reasonable attorney's attorneys' fees
678	at trial and on appeal.
679	Section 14.  Paragraph (c) of subsection (5) of section
680	20.052, Florida Statutes, is amended to read:
681	20.052  Advisory bodies, commissions, boards;
682	establishment.-Each advisory body, commission, board of
683	trustees, or any other collegial body created by specific
684	statutory enactment as an adjunct to an executive agency must be
685	established, evaluated, or maintained in accordance with the
686	following provisions:
687	(5)
688	(c)  Unless an exemption is otherwise specifically provided
689	by law, all meetings of an advisory body, commission, board of
690	trustees, or other collegial body adjunct to an executive agency
691	are public meetings under s. 119.13(1) 286.011. Minutes,
692	including a record of all votes cast, must be maintained for all
693	meetings.
694	Section 15.  Paragraph (k) of subsection (6) of section
695	20.19, Florida Statutes, is amended to read:
696	20.19  Department of Children and Family Services.-There is
697	created a Department of Children and Family Services.
698	(6)  COMMUNITY ALLIANCES.-
699	(k)  All alliance meetings are open to the public pursuant
700	to s. 119.13(1) 286.011 and the public records provision of s.
701	119.07(1).
702	Section 16.  Subsection (8) of section 20.41, Florida
703	Statutes, is amended to read:
704	20.41  Department of Elderly Affairs.-There is created a
705	Department of Elderly Affairs.
706	(8)  Area agencies on aging are subject to chapter 119,
707	relating to public records, and, when considering any contracts
708	requiring the expenditure of funds, are subject to ss.119.13-
709	119.32 286.011-286.012, relating to public meetings.
710	Section 17.  Subsection (6) of section 90.502, Florida
711	Statutes, is amended to read:
712	90.502  Lawyer-client privilege.-
713	(6)  A discussion or activity that is not a meeting for
714	purposes of s. 119.13(1) 286.011 shall not be construed to waive
715	the attorney-client privilege established in this section. This
716	shall not be construed to constitute an exemption to either s.
717	119.07 or s. 286.011.
718	Section 18.  Subsection (7) of section 106.25, Florida
719	Statutes, is amended to read:
720	106.25  Reports of alleged violations to Florida Elections
721	Commission; disposition of findings.-
722	(7)  Every sworn complaint filed pursuant to this chapter
723	with the commission, every investigation and investigative
724	report or other paper of the commission with respect to a
725	violation of this chapter or chapter 104, and every proceeding
726	of the commission with respect to a violation of this chapter or
727	chapter 104 is confidential, is exempt from the provisions of
728	ss. 119.07(1) and 119.13(1) 286.011, and is exempt from
729	publication in the Florida Administrative Weekly of any notice
730	or agenda with respect to any proceeding relating to such
731	violation, except under the following circumstances:
732	(a)  As provided in subsection (6);
733	(b)  Upon a determination of probable cause or no probable
734	cause by the commission; or
735	(c)  For proceedings conducted with respect to appeals of
736	fines levied by filing officers for the late filing of reports
737	required by this chapter.
738
739	However, a complainant is not bound by the confidentiality
740	provisions of this section. In addition, confidentiality may be
741	waived in writing by the person against whom the complaint has
742	been filed or the investigation has been initiated. If a finding
743	of probable cause in a case is entered within 30 days prior to
744	the date of the election with respect to which the alleged
745	violation occurred, such finding and the proceedings and records
746	relating to such case shall not become public until noon of the
747	day following such election. When two or more persons are being
748	investigated by the commission with respect to an alleged
749	violation of this chapter or chapter 104, the commission may not
750	publicly enter a finding of probable cause or no probable cause
751	in the case until a finding of probable cause or no probable
752	cause for the entire case has been determined. However, once the
753	confidentiality of any case has been breached, the person or
754	persons under investigation have the right to waive the
755	confidentiality of the case, thereby opening up the proceedings
756	and records to the public. Any person who discloses any
757	information or matter made confidential by the provisions of
758	this subsection commits a misdemeanor of the first degree,
759	punishable as provided in s. 775.082 or s. 775.083.
760	Section 19.  Subsection (4) of section 110.201, Florida
761	Statutes, is amended to read:
762	110.201  Personnel rules, records, and reports.-
763	(4)  The department shall coordinate with the Governor and
764	consult with the Administration Commission on personnel matters
765	falling within the scope of collective bargaining and shall
766	represent the Governor in collective bargaining negotiations and
767	other collective bargaining matters as may be necessary. All
768	discussions between the department and the Governor, and between
769	the department and the Administration Commission or agency
770	heads, or between any of their respective representatives,
771	relative to collective bargaining, shall be exempt from the
772	provisions of s. 119.13(1) 286.011, and all work products
773	relative to collective bargaining developed in conjunction with
774	such discussions shall be confidential and exempt from the
775	provisions of s. 119.07(1).
776	Section 20.  Paragraphs (b) and (d) of subsection (8) of
777	section 112.3215, Florida Statutes, are amended to read:
778	112.3215  Lobbying before the executive branch or the
779	Constitution Revision Commission; registration and reporting;
780	investigation by commission.-
781	(8)
782	(b)  All proceedings, the complaint, and other records
783	relating to the investigation are confidential and exempt from
784	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
785	Constitution, and any meetings held pursuant to an investigation
786	are exempt from the provisions of s. 119.13(1) 286.011(1) and s.
787	24(b), Art. I of the State Constitution either until the alleged
788	violator requests in writing that such investigation and
789	associated records and meetings be made public or until the
790	commission determines, based on the investigation, whether
791	probable cause exists to believe that a violation has occurred.
792	(d)  Records relating to an audit conducted pursuant to
793	this section or an investigation conducted pursuant to this
794	section or s. 112.32155 are confidential and exempt from s.
795	119.07(1) and s. 24(a), Art. I of the State Constitution, and
796	any meetings held pursuant to such an investigation or at which
797	such an audit is discussed are exempt from s. 119.13(1) 286.011
798	and s. 24(b), Art. I of the State Constitution either until the
799	lobbying firm requests in writing that such investigation and
800	associated records and meetings be made public or until the
801	commission determines there is probable cause that the audit
802	reflects a violation of the reporting laws. This paragraph is
803	subject to the Open Government Sunset Review Act in accordance
804	with s. 119.15 and shall stand repealed on October 2, 2011,
805	unless reviewed and saved from repeal through reenactment by the
806	Legislature.
807	Section 21.  Paragraph (a) of subsection (2) of section
808	112.324, Florida Statutes, is amended to read:
809	112.324  Procedures on complaints of violations; public
810	records and meeting exemptions.-
811	(2)(a)  The complaint and records relating to the complaint
812	or to any preliminary investigation held by the commission or
813	its agents or by a Commission on Ethics and Public Trust
814	established by any county defined in s. 125.011(1) or by any
815	municipality defined in s. 165.031 are confidential and exempt
816	from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
817	State Constitution, and any proceeding conducted by the
818	commission or a Commission on Ethics and Public Trust, pursuant
819	to a complaint or preliminary investigation, is exempt from the
820	provisions of s. 119.13(1) 286.011, s. 24(b), Art. I of the
821	State Constitution, and s. 120.525, until the complaint is
822	dismissed as legally insufficient, until the alleged violator
823	requests in writing that such records and proceedings be made
824	public, or until the commission or a Commission on Ethics and
825	Public Trust determines, based on such investigation, whether
826	probable cause exists to believe that a violation has occurred.
827	In no event shall a complaint under this part against a
828	candidate in any general, special, or primary election be filed
829	or any intention of filing such a complaint be disclosed on the
830	day of any such election or within the 5 days immediately
831	preceding the date of the election.
832	Section 22.  Subsection (8) of section 119.011, Florida
833	Statutes, is amended to read:
834	119.011  Definitions.-As used in this chapter, the term:
835	(8)  "Exemption" means a provision of general law which
836	provides that a specified record or meeting, or portion thereof,
837	is not subject to the access requirements of s. 119.07(1), s.
838	119.13(1) 286.011, or s. 24, Art. I of the State Constitution.
839	Section 23.  Subsection (7) of section 119.07, Florida
840	Statutes, is amended to read:
841	119.07  Inspection and copying of records; photographing
842	public records; fees; exemptions.-
843	(7)  An exemption from this section does not imply an
844	exemption from s. 119.13(1) 286.011. The exemption from s.
845	119.13(1) 286.011 must be expressly provided.
846	Section 24.  Paragraph (b) of subsection (5) of section
847	120.54, Florida Statutes, is amended to read:
848	120.54  Rulemaking.-
849	(5)  UNIFORM RULES.-
850	(b)  The uniform rules of procedure adopted by the
851	commission pursuant to this subsection shall include, but are
852	not limited to:
853	1.  Uniform rules for the scheduling of public meetings,
854	hearings, and workshops.
855	2.  Uniform rules for use by each state agency that provide
856	procedures for conducting public meetings, hearings, and
857	workshops, and for taking evidence, testimony, and argument at
858	such public meetings, hearings, and workshops, in person and by
859	means of communications media technology. The rules shall
860	provide that all evidence, testimony, and argument presented
861	shall be afforded equal consideration, regardless of the method
862	of communication. If a public meeting, hearing, or workshop is
863	to be conducted by means of communications media technology, or
864	if attendance may be provided by such means, the notice shall so
865	state. The notice for public meetings, hearings, and workshops
866	utilizing communications media technology shall state how
867	persons interested in attending may do so and shall name
868	locations, if any, where communications media technology
869	facilities will be available. Nothing in this paragraph shall be
870	construed to diminish the right to inspect public records under
871	chapter 119. Limiting points of access to public meetings,
872	hearings, and workshops subject to the provisions of s.
873	119.13(1) 286.011 to places not normally open to the public
874	shall be presumed to violate the right of access of the public,
875	and any official action taken under such circumstances is void
876	and of no effect. Other laws relating to public meetings,
877	hearings, and workshops, including penal and remedial
878	provisions, shall apply to public meetings, hearings, and
879	workshops conducted by means of communications media technology,
880	and shall be liberally construed in their application to such
881	public meetings, hearings, and workshops. As used in this
882	subparagraph, "communications media technology" means the
883	electronic transmission of printed matter, audio, full-motion
884	video, freeze-frame video, compressed video, and digital video
885	by any method available.
886	3.  Uniform rules of procedure for the filing of notice of
887	protests and formal written protests. The Administration
888	Commission may prescribe the form and substantive provisions of
889	a required bond.
890	4.  Uniform rules of procedure for the filing of petitions
891	for administrative hearings pursuant to s. 120.569 or s. 120.57.
892	Such rules shall require the petition to include:
893	a.  The identification of the petitioner.
894	b.  A statement of when and how the petitioner received
895	notice of the agency's action or proposed action.
896	c.  An explanation of how the petitioner's substantial
897	interests are or will be affected by the action or proposed
898	action.
899	d.  A statement of all material facts disputed by the
900	petitioner or a statement that there are no disputed facts.
901	e.  A statement of the ultimate facts alleged, including a
902	statement of the specific facts the petitioner contends warrant
903	reversal or modification of the agency's proposed action.
904	f.  A statement of the specific rules or statutes that the
905	petitioner contends require reversal or modification of the
906	agency's proposed action, including an explanation of how the
907	alleged facts relate to the specific rules or statutes.
908	g.  A statement of the relief sought by the petitioner,
909	stating precisely the action petitioner wishes the agency to
910	take with respect to the proposed action.
911	5.  Uniform rules for the filing of request for
912	administrative hearing by a respondent in agency enforcement and
913	disciplinary actions. Such rules shall require a request to
914	include:
915	a.  The name, address, and telephone number of the party
916	making the request and the name, address, and telephone number
917	of the party's counsel or qualified representative upon whom
918	service of pleadings and other papers shall be made;
919	b.  A statement that the respondent is requesting an
920	administrative hearing and disputes the material facts alleged
921	by the petitioner, in which case the respondent shall identify
922	those material facts that are in dispute, or that the respondent
923	is requesting an administrative hearing and does not dispute the
924	material facts alleged by the petitioner; and
925	c.  A reference by file number to the administrative
926	complaint that the party has received from the agency and the
927	date on which the agency pleading was received.
928
929	The agency may provide an election-of-rights form for the
930	respondent's use in requesting a hearing, so long as any form
931	provided by the agency calls for the information in sub-
932	subparagraphs a. through c. and does not impose any additional
933	requirements on a respondent in order to request a hearing,
934	unless such requirements are specifically authorized by law.
935	6.  Uniform rules of procedure for the filing and prompt
936	disposition of petitions for declaratory statements. The rules
937	shall also describe the contents of the notices that must be
938	published in the Florida Administrative Weekly under s. 120.565,
939	including any applicable time limit for the filing of petitions
940	to intervene or petitions for administrative hearing by persons
941	whose substantial interests may be affected.
942	7.  Provision of a method by which each agency head shall
943	provide a description of the agency's organization and general
944	course of its operations. The rules shall require that the
945	statement concerning the agency's organization and operations be
946	published on the agency's website.
947	8.  Uniform rules establishing procedures for granting or
948	denying petitions for variances and waivers pursuant to s.
949	120.542.
950	Section 25.  Subsection (2) of section 125.355, Florida
951	Statutes, is amended to read:
952	125.355  Proposed purchase of real property by county;
953	confidentiality of records; procedure.-
954	(2)  Nothing in this section shall be interpreted as
955	providing an exemption from, or an exception to, s. 119.13(1)
956	286.011.
957	Section 26.  Subsection (7) of section 154.207, Florida
958	Statutes, is amended to read:
959	154.207  Creation of health facilities authorities.-
960	(7)  Three members of the authority shall constitute a
961	quorum, and the affirmative vote of a majority of the members
962	present at a meeting of the authority shall be necessary for any
963	action taken by an authority. However, any action may be taken
964	by the authority with the unanimous consent of all of its
965	members. No vacancy in the membership of the authority shall
966	impair the right of a quorum to exercise all the rights and
967	perform all the duties of the authority. Any action taken by the
968	authority under the provisions of this part may be authorized by
969	resolution at any regular or special meeting, and each such
970	resolution shall take effect immediately and need not be
971	published or posted. All meetings of the authority, as well as
972	all records, books, documents, and papers, shall be open and
973	available to the public in accordance with s. 119.13(1) 286.011.
974	Section 27.  Subsection (2) of section 166.045, Florida
975	Statutes, is amended to read:
976	166.045  Proposed purchase of real property by
977	municipality; confidentiality of records; procedure.-
978	(2)  Nothing in this section shall be interpreted as
979	providing an exemption from, or an exception to, s. 119.13(1)
980	286.011.
981	Section 28.  Paragraph (a) of subsection (4) and paragraph
982	(e) of subsection (5) of section 212.055, Florida Statutes, are
983	amended to read:
984	212.055  Discretionary sales surtaxes; legislative intent;
985	authorization and use of proceeds.-It is the legislative intent
986	that any authorization for imposition of a discretionary sales
987	surtax shall be published in the Florida Statutes as a
988	subsection of this section, irrespective of the duration of the
989	levy. Each enactment shall specify the types of counties
990	authorized to levy; the rate or rates which may be imposed; the
991	maximum length of time the surtax may be imposed, if any; the
992	procedure which must be followed to secure voter approval, if
993	required; the purpose for which the proceeds may be expended;
994	and such other requirements as the Legislature may provide.
995	Taxable transactions and administrative procedures shall be as
996	provided in s. 212.054.
997	(4)  INDIGENT CARE AND TRAUMA CENTER SURTAX.-
998	(a)1.  The governing body in each county the government of
999	which is not consolidated with that of one or more
1000	municipalities, which has a population of at least 800,000
1001	residents and is not authorized to levy a surtax under
1002	subsection (5), may levy, pursuant to an ordinance either
1003	approved by an extraordinary vote of the governing body or
1004	conditioned to take effect only upon approval by a majority vote
1005	of the electors of the county voting in a referendum, a
1006	discretionary sales surtax at a rate that may not exceed 0.5
1007	percent.
1008	2.  If the ordinance is conditioned on a referendum, a
1009	statement that includes a brief and general description of the
1010	purposes to be funded by the surtax and that conforms to the
1011	requirements of s. 101.161 shall be placed on the ballot by the
1012	governing body of the county. The following questions shall be
1013	placed on the ballot:
1014	FOR THE. . . .CENTS TAX
1015	AGAINST THE. . . .CENTS TAX
1016
1017	3.  The ordinance adopted by the governing body providing
1018	for the imposition of the surtax shall set forth a plan for
1019	providing health care services to qualified residents, as
1020	defined in subparagraph 4. Such plan and subsequent amendments
1021	to it shall fund a broad range of health care services for both
1022	indigent persons and the medically poor, including, but not
1023	limited to, primary care and preventive care as well as hospital
1024	care. The plan must also address the services to be provided by
1025	the Level I trauma center. It shall emphasize a continuity of
1026	care in the most cost-effective setting, taking into
1027	consideration both a high quality of care and geographic access.
1028	Where consistent with these objectives, it shall include,
1029	without limitation, services rendered by physicians, clinics,
1030	community hospitals, mental health centers, and alternative
1031	delivery sites, as well as at least one regional referral
1032	hospital where appropriate. It shall provide that agreements
1033	negotiated between the county and providers, including hospitals
1034	with a Level I trauma center, will include reimbursement
1035	methodologies that take into account the cost of services
1036	rendered to eligible patients, recognize hospitals that render a
1037	disproportionate share of indigent care, provide other
1038	incentives to promote the delivery of charity care, promote the
1039	advancement of technology in medical services, recognize the
1040	level of responsiveness to medical needs in trauma cases, and
1041	require cost containment including, but not limited to, case
1042	management. It must also provide that any hospitals that are
1043	owned and operated by government entities on May 21, 1991, must,
1044	as a condition of receiving funds under this subsection, afford
1045	public access equal to that provided under s. 119.13(1) 286.011
1046	as to meetings of the governing board, the subject of which is
1047	budgeting resources for the rendition of charity care as that
1048	term is defined in the Florida Hospital Uniform Reporting System
1049	(FHURS) manual referenced in s. 408.07. The plan shall also
1050	include innovative health care programs that provide cost-
1051	effective alternatives to traditional methods of service
1052	delivery and funding.
1053	4.  For the purpose of this paragraph, the term "qualified
1054	resident" means residents of the authorizing county who are:
1055	a.  Qualified as indigent persons as certified by the
1056	authorizing county;
1057	b.  Certified by the authorizing county as meeting the
1058	definition of the medically poor, defined as persons having
1059	insufficient income, resources, and assets to provide the needed
1060	medical care without using resources required to meet basic
1061	needs for shelter, food, clothing, and personal expenses; or not
1062	being eligible for any other state or federal program, or having
1063	medical needs that are not covered by any such program; or
1064	having insufficient third-party insurance coverage. In all
1065	cases, the authorizing county is intended to serve as the payor
1066	of last resort; or
1067	c.  Participating in innovative, cost-effective programs
1068	approved by the authorizing county.
1069	5.  Moneys collected pursuant to this paragraph remain the
1070	property of the state and shall be distributed by the Department
1071	of Revenue on a regular and periodic basis to the clerk of the
1072	circuit court as ex officio custodian of the funds of the
1073	authorizing county. The clerk of the circuit court shall:
1074	a.  Maintain the moneys in an indigent health care trust
1075	fund;
1076	b.  Invest any funds held on deposit in the trust fund
1077	pursuant to general law;
1078	c.  Disburse the funds, including any interest earned, to
1079	any provider of health care services, as provided in
1080	subparagraphs 3. and 4., upon directive from the authorizing
1081	county. However, if a county has a population of at least
1082	800,000 residents and has levied the surtax authorized in this
1083	paragraph, notwithstanding any directive from the authorizing
1084	county, on October 1 of each calendar year, the clerk of the
1085	court shall issue a check in the amount of $6.5 million to a
1086	hospital in its jurisdiction that has a Level I trauma center or
1087	shall issue a check in the amount of $3.5 million to a hospital
1088	in its jurisdiction that has a Level I trauma center if that
1089	county enacts and implements a hospital lien law in accordance
1090	with chapter 98-499, Laws of Florida. The issuance of the checks
1091	on October 1 of each year is provided in recognition of the
1092	Level I trauma center status and shall be in addition to the
1093	base contract amount received during fiscal year 1999-2000 and
1094	any additional amount negotiated to the base contract. If the
1095	hospital receiving funds for its Level I trauma center status
1096	requests such funds to be used to generate federal matching
1097	funds under Medicaid, the clerk of the court shall instead issue
1098	a check to the Agency for Health Care Administration to
1099	accomplish that purpose to the extent that it is allowed through
1100	the General Appropriations Act; and
1101	d.  Prepare on a biennial basis an audit of the trust fund
1102	specified in sub-subparagraph a. Commencing February 1, 2004,
1103	such audit shall be delivered to the governing body and to the
1104	chair of the legislative delegation of each authorizing county.
1105	6.  Notwithstanding any other provision of this section, a
1106	county shall not levy local option sales surtaxes authorized in
1107	this paragraph and subsections (2) and (3) in excess of a
1108	combined rate of 1 percent.
1109	(5)  COUNTY PUBLIC HOSPITAL SURTAX.-Any county as defined
1110	in s. 125.011(1) may levy the surtax authorized in this
1111	subsection pursuant to an ordinance either approved by
1112	extraordinary vote of the county commission or conditioned to
1113	take effect only upon approval by a majority vote of the
1114	electors of the county voting in a referendum. In a county as
1115	defined in s. 125.011(1), for the purposes of this subsection,
1116	"county public general hospital" means a general hospital as
1117	defined in s. 395.002 which is owned, operated, maintained, or
1118	governed by the county or its agency, authority, or public
1119	health trust.
1120	(e)  A governing board, agency, or authority shall be
1121	chartered by the county commission upon this act becoming law.
1122	The governing board, agency, or authority shall adopt and
1123	implement a health care plan for indigent health care services.
1124	The governing board, agency, or authority shall consist of no
1125	more than seven and no fewer than five members appointed by the
1126	county commission. The members of the governing board, agency,
1127	or authority shall be at least 18 years of age and residents of
1128	the county. No member may be employed by or affiliated with a
1129	health care provider or the public health trust, agency, or
1130	authority responsible for the county public general hospital.
1131	The following community organizations shall each appoint a
1132	representative to a nominating committee: the South Florida
1133	Hospital and Healthcare Association, the Miami-Dade County
1134	Public Health Trust, the Dade County Medical Association, the
1135	Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
1136	County. This committee shall nominate between 10 and 14 county
1137	citizens for the governing board, agency, or authority. The
1138	slate shall be presented to the county commission and the county
1139	commission shall confirm the top five to seven nominees,
1140	depending on the size of the governing board. Until such time as
1141	the governing board, agency, or authority is created, the funds
1142	provided for in subparagraph (d)2. shall be placed in a
1143	restricted account set aside from other county funds and not
1144	disbursed by the county for any other purpose.
1145	1.  The plan shall divide the county into a minimum of four
1146	and maximum of six service areas, with no more than one
1147	participant hospital per service area. The county public general
1148	hospital shall be designated as the provider for one of the
1149	service areas. Services shall be provided through participants'
1150	primary acute care facilities.
1151	2.  The plan and subsequent amendments to it shall fund a
1152	defined range of health care services for both indigent persons
1153	and the medically poor, including primary care, preventive care,
1154	hospital emergency room care, and hospital care necessary to
1155	stabilize the patient. For the purposes of this section,
1156	"stabilization" means stabilization as defined in s.
1157	397.311(35). Where consistent with these objectives, the plan
1158	may include services rendered by physicians, clinics, community
1159	hospitals, and alternative delivery sites, as well as at least
1160	one regional referral hospital per service area. The plan shall
1161	provide that agreements negotiated between the governing board,
1162	agency, or authority and providers shall recognize hospitals
1163	that render a disproportionate share of indigent care, provide
1164	other incentives to promote the delivery of charity care to draw
1165	down federal funds where appropriate, and require cost
1166	containment, including, but not limited to, case management.
1167	From the funds specified in subparagraphs (d)1. and 2. for
1168	indigent health care services, service providers shall receive
1169	reimbursement at a Medicaid rate to be determined by the
1170	governing board, agency, or authority created pursuant to this
1171	paragraph for the initial emergency room visit, and a per-member
1172	per-month fee or capitation for those members enrolled in their
1173	service area, as compensation for the services rendered
1174	following the initial emergency visit. Except for provisions of
1175	emergency services, upon determination of eligibility,
1176	enrollment shall be deemed to have occurred at the time services
1177	were rendered. The provisions for specific reimbursement of
1178	emergency services shall be repealed on July 1, 2001, unless
1179	otherwise reenacted by the Legislature. The capitation amount or
1180	rate shall be determined prior to program implementation by an
1181	independent actuarial consultant. In no event shall such
1182	reimbursement rates exceed the Medicaid rate. The plan must also
1183	provide that any hospitals owned and operated by government
1184	entities on or after the effective date of this act must, as a
1185	condition of receiving funds under this subsection, afford
1186	public access equal to that provided under s. 119.13(1) 286.011
1187	as to any meeting of the governing board, agency, or authority
1188	the subject of which is budgeting resources for the retention of
1189	charity care, as that term is defined in the rules of the Agency
1190	for Health Care Administration. The plan shall also include
1191	innovative health care programs that provide cost-effective
1192	alternatives to traditional methods of service and delivery
1193	funding.
1194	3.  The plan's benefits shall be made available to all
1195	county residents currently eligible to receive health care
1196	services as indigents or medically poor as defined in paragraph
1197	(4)(d).
1198	4.  Eligible residents who participate in the health care
1199	plan shall receive coverage for a period of 12 months or the
1200	period extending from the time of enrollment to the end of the
1201	current fiscal year, per enrollment period, whichever is less.
1202	5.  At the end of each fiscal year, the governing board,
1203	agency, or authority shall prepare an audit that reviews the
1204	budget of the plan, delivery of services, and quality of
1205	services, and makes recommendations to increase the plan's
1206	efficiency. The audit shall take into account participant
1207	hospital satisfaction with the plan and assess the amount of
1208	poststabilization patient transfers requested, and accepted or
1209	denied, by the county public general hospital.
1210	Section 29.  Subsection (7) of section 213.732, Florida
1211	Statutes, is amended to read:
1212	213.732  Jeopardy findings and assessments.-
1213	(7)  If the department proceeds to seize or freeze the
1214	assets of a taxpayer upon a determination of jeopardy, the
1215	taxpayer shall have a right to a meeting with the department, as
1216	provided by subsection (3), immediately or within 24 hours after
1217	requesting such meeting. The department shall, within 24 hours
1218	after such meeting, determine whether to release the seizure or
1219	freeze. If the department does not release such seizure or
1220	freeze of property, the taxpayer shall have a right to request a
1221	hearing within 5 days before the circuit court, at which hearing
1222	the taxpayer and the department may present evidence with
1223	respect to the issue of jeopardy. Venue in such an action shall
1224	lie in the county in which the seizure was effected or, if there
1225	are multiple seizures based upon the same assessment, venue
1226	shall also lie in Leon County. Whenever an action is filed to
1227	seek review of a jeopardy finding under this subsection, the
1228	court shall set an immediate hearing and shall give the case
1229	priority over other pending cases other than those filed
1230	pursuant to s. 119.21 s. 119.11.
1231	Section 30.  Subsection (2) of section 215.442, Florida
1232	Statutes, is amended to read:
1233	215.442  Executive director; reporting requirements; public
1234	meeting.-
1235	(2)  The executive director shall present each quarterly
1236	report at a meeting of the board of trustees, which shall be
1237	open and noticed to the public pursuant to the requirements of
1238	s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
1239	Constitution.
1240	Section 31.  Subsection (7) of section 215.5602, Florida
1241	Statutes, is amended to read:
1242	215.5602  James and Esther King Biomedical Research
1243	Program.-
1244	(7)  The council and the peer review panel shall establish
1245	and follow rigorous guidelines for ethical conduct and adhere to
1246	a strict policy with regard to conflict of interest. A member of
1247	the council or panel may not participate in any discussion or
1248	decision with respect to a research proposal by any firm,
1249	entity, or agency with which the member is associated as a
1250	member of the governing body or as an employee, or with which
1251	the member has entered into a contractual arrangement. Meetings
1252	of the council and the peer review panels shall be subject to
1253	the provisions of chapter 119, s. 119.13(1) 286.011, and s. 24,
1254	Art. I of the State Constitution.
1255	Section 32.  Paragraph (c) of subsection (1) of section
1256	255.20, Florida Statutes, is amended to read:
1257	255.20  Local bids and contracts for public construction
1258	works; specification of state-produced lumber.-
1259	(1)  A county, municipality, special district as defined in
1260	chapter 189, or other political subdivision of the state seeking
1261	to construct or improve a public building, structure, or other
1262	public construction works must competitively award to an
1263	appropriately licensed contractor each project that is estimated
1264	in accordance with generally accepted cost-accounting principles
1265	to cost more than $300,000. For electrical work, the local
1266	government must competitively award to an appropriately licensed
1267	contractor each project that is estimated in accordance with
1268	generally accepted cost-accounting principles to cost more than
1269	$75,000. As used in this section, the term "competitively award"
1270	means to award contracts based on the submission of sealed bids,
1271	proposals submitted in response to a request for proposal,
1272	proposals submitted in response to a request for qualifications,
1273	or proposals submitted for competitive negotiation. This
1274	subsection expressly allows contracts for construction
1275	management services, design/build contracts, continuation
1276	contracts based on unit prices, and any other contract
1277	arrangement with a private sector contractor permitted by any
1278	applicable municipal or county ordinance, by district
1279	resolution, or by state law. For purposes of this section, cost
1280	includes the cost of all labor, except inmate labor, and the
1281	cost of equipment and materials to be used in the construction
1282	of the project. Subject to the provisions of subsection (3), the
1283	county, municipality, special district, or other political
1284	subdivision may establish, by municipal or county ordinance or
1285	special district resolution, procedures for conducting the
1286	bidding process.
1287	(c)  The provisions of this subsection do not apply:
1288	1.  If the project is undertaken to replace, reconstruct,
1289	or repair an existing public building, structure, or other
1290	public construction works damaged or destroyed by a sudden
1291	unexpected turn of events such as an act of God, riot, fire,
1292	flood, accident, or other urgent circumstances, and such damage
1293	or destruction creates:
1294	a.  An immediate danger to the public health or safety;
1295	b.  Other loss to public or private property which requires
1296	emergency government action; or
1297	c.  An interruption of an essential governmental service.
1298	2.  If, after notice by publication in accordance with the
1299	applicable ordinance or resolution, the governmental entity does
1300	not receive any responsive bids or proposals.
1301	3.  To construction, remodeling, repair, or improvement to
1302	a public electric or gas utility system if such work on the
1303	public utility system is performed by personnel of the system.
1304	4.  To construction, remodeling, repair, or improvement by
1305	a utility commission whose major contracts are to construct and
1306	operate a public electric utility system.
1307	5.  If the project is undertaken as repair or maintenance
1308	of an existing public facility. For the purposes of this
1309	paragraph, the term "repair" means a corrective action to
1310	restore an existing public facility to a safe and functional
1311	condition and the term "maintenance" means a preventive or
1312	corrective action to maintain an existing public facility in an
1313	operational state or to preserve the facility from failure or
1314	decline. Repair or maintenance includes activities that are
1315	necessarily incidental to repairing or maintaining the facility.
1316	Repair or maintenance does not include the construction of any
1317	new building, structure, or other public construction works or
1318	any substantial addition, extension, or upgrade to an existing
1319	public facility. Such additions, extensions, or upgrades shall
1320	be considered substantial if the estimated cost of the
1321	additions, extensions, or upgrades included as part of the
1322	repair or maintenance project exceeds the threshold amount in
1323	subsection (1) and exceeds 20 percent of the estimated total
1324	cost of the repair or maintenance project using generally
1325	accepted cost-accounting principles that fully account for all
1326	costs associated with performing and completing the work,
1327	including employee compensation and benefits, equipment cost and
1328	maintenance, insurance costs, and materials. An addition,
1329	extension, or upgrade shall not be considered substantial if it
1330	is undertaken pursuant to the conditions specified in
1331	subparagraph 1. Repair and maintenance projects and any related
1332	additions, extensions, or upgrades may not be divided into
1333	multiple projects for the purpose of evading the requirements of
1334	this subparagraph.
1335	6.  If the project is undertaken exclusively as part of a
1336	public educational program.
1337	7.  If the funding source of the project will be diminished
1338	or lost because the time required to competitively award the
1339	project after the funds become available exceeds the time within
1340	which the funding source must be spent.
1341	8.  If the local government competitively awarded a project
1342	to a private sector contractor and the contractor abandoned the
1343	project before completion or the local government terminated the
1344	contract.
1345	9.  If the governing board of the local government complies
1346	with all of the requirements of this subparagraph, conducts a
1347	public meeting under s. 119.13(1) 286.011 after public notice,
1348	and finds by majority vote of the governing board that it is in
1349	the public's best interest to perform the project using its own
1350	services, employees, and equipment. The public notice must be
1351	published at least 21 days before the date of the public meeting
1352	at which the governing board takes final action. The notice must
1353	identify the project, the components and scope of the work, and
1354	the estimated cost of the project using generally accepted cost-
1355	accounting principles that fully account for all costs
1356	associated with performing and completing the work, including
1357	employee compensation and benefits, equipment cost and
1358	maintenance, insurance costs, and materials. The notice must
1359	specify that the purpose for the public meeting is to consider
1360	whether it is in the public's best interest to perform the
1361	project using the local government's own services, employees,
1362	and equipment. Upon publication of the public notice and for 21
1363	days thereafter, the local government shall make available for
1364	public inspection, during normal business hours and at a
1365	location specified in the public notice, a detailed itemization
1366	of each component of the estimated cost of the project and
1367	documentation explaining the methodology used to arrive at the
1368	estimated cost. At the public meeting, any qualified contractor
1369	or vendor who could have been awarded the project had the
1370	project been competitively bid shall be provided with a
1371	reasonable opportunity to present evidence to the governing
1372	board regarding the project and the accuracy of the local
1373	government's estimated cost of the project. In deciding whether
1374	it is in the public's best interest for the local government to
1375	perform a project using its own services, employees, and
1376	equipment, the governing board must consider the estimated cost
1377	of the project and the accuracy of the estimated cost in light
1378	of any other information that may be presented at the public
1379	meeting and whether the project requires an increase in the
1380	number of government employees or an increase in capital
1381	expenditures for public facilities, equipment, or other capital
1382	assets. The local government may further consider the impact on
1383	local economic development, the impact on small and minority
1384	business owners, the impact on state and local tax revenues,
1385	whether the private sector contractors provide health insurance
1386	and other benefits equivalent to those provided by the local
1387	government, and any other factor relevant to what is in the
1388	public's best interest.
1389	10.  If the governing board of the local government
1390	determines upon consideration of specific substantive criteria
1391	that it is in the best interest of the local government to award
1392	the project to an appropriately licensed private sector
1393	contractor pursuant to administrative procedures established by
1394	and expressly set forth in a charter, ordinance, or resolution
1395	of the local government adopted before July 1, 1994. The
1396	criteria and procedures must be set out in the charter,
1397	ordinance, or resolution and must be applied uniformly by the
1398	local government to avoid awarding a project in an arbitrary or
1399	capricious manner. This exception applies only if all of the
1400	following occur:
1401	a.  The governing board of the local government, after
1402	public notice, conducts a public meeting under s. 119.13(1)
1403	286.011 and finds by a two-thirds vote of the governing board
1404	that it is in the public's best interest to award the project
1405	according to the criteria and procedures established by charter,
1406	ordinance, or resolution. The public notice must be published at
1407	least 14 days before the date of the public meeting at which the
1408	governing board takes final action. The notice must identify the
1409	project, the estimated cost of the project, and specify that the
1410	purpose for the public meeting is to consider whether it is in
1411	the public's best interest to award the project using the
1412	criteria and procedures permitted by the preexisting charter,
1413	ordinance, or resolution.
1414	b.  The project is to be awarded by any method other than a
1415	competitive selection process, and the governing board finds
1416	evidence that:
1417	(I)  There is one appropriately licensed contractor who is
1418	uniquely qualified to undertake the project because that
1419	contractor is currently under contract to perform work that is
1420	affiliated with the project; or
1421	(II)  The time to competitively award the project will
1422	jeopardize the funding for the project, materially increase the
1423	cost of the project, or create an undue hardship on the public
1424	health, safety, or welfare.
1425	c.  The project is to be awarded by any method other than a
1426	competitive selection process, and the published notice clearly
1427	specifies the ordinance or resolution by which the private
1428	sector contractor will be selected and the criteria to be
1429	considered.
1430	d.  The project is to be awarded by a method other than a
1431	competitive selection process, and the architect or engineer of
1432	record has provided a written recommendation that the project be
1433	awarded to the private sector contractor without competitive
1434	selection, and the consideration by, and the justification of,
1435	the government body are documented, in writing, in the project
1436	file and are presented to the governing board prior to the
1437	approval required in this paragraph.
1438	11.  To projects subject to chapter 336.
1439	Section 33.  Paragraph (c) of subsection (4) of section
1440	259.1053, Florida Statutes, is amended to read:
1441	259.1053  Babcock Ranch Preserve; Babcock Ranch, Inc.;
1442	creation; membership; organization; meetings.-
1443	(4)  CREATION OF BABCOCK RANCH, INC.-
1444	(c)  Meetings and records of the corporation, its
1445	directors, advisory committees, or similar groups created by the
1446	corporation, including any not-for-profit subsidiaries, are
1447	subject to the public records provisions of chapter 119 and the
1448	public meetings and records provisions of s. 119.13(1) 286.011.
1449	Section 34.  Section 281.301, Florida Statutes, is amended
1450	to read:
1451	281.301  Security systems; records and meetings exempt from
1452	public access or disclosure.-Information relating to the
1453	security systems for any property owned by or leased to the
1454	state or any of its political subdivisions, and information
1455	relating to the security systems for any privately owned or
1456	leased property which is in the possession of any agency as
1457	defined in s. 119.011(2), including all records, information,
1458	photographs, audio and visual presentations, schematic diagrams,
1459	surveys, recommendations, or consultations or portions thereof
1460	relating directly to or revealing such systems or information,
1461	and all meetings relating directly to or that would reveal such
1462	systems or information are confidential and exempt from ss.
1463	119.07(1) and 119.13(1) 286.011 and other laws and rules
1464	requiring public access or disclosure.
1465	Section 35.  Section 282.711, Florida Statutes, is amended
1466	to read:
1467	282.711  Remote electronic access services.-The department
1468	may collect fees for providing remote electronic access pursuant
1469	to s. 119.07(4)(2). The fees may be imposed on individual
1470	transactions or as a fixed subscription for a designated period
1471	of time. All fees collected under this section shall be
1472	deposited in the appropriate trust fund of the program or
1473	activity that made the remote electronic access available.
1474	Section 36.  Subsection (1) of section 288.709, Florida
1475	Statutes, is amended to read:
1476	288.709  Powers of the Florida Black Business Investment
1477	Board, Inc.-The board shall have all the powers granted under
1478	chapter 617 and any powers necessary or convenient to carry out
1479	and effectuate the purposes and provisions of ss. 288.707-
1480	288.714, including, but not limited to, the power to:
1481	(1)  Adopt bylaws for the regulation of its affairs and the
1482	conduct of its business and adopt policies to implement the
1483	provisions of law conferring duties upon it. The bylaws shall
1484	provide that the board is subject to the requirements of s. 24,
1485	Art. I of the State Constitution and chapter 119 and s.
1486	119.13(1) 286.011.
1487	Section 37.  Paragraph (c) of subsection (1) of section
1488	288.955, Florida Statutes, is amended to read:
1489	288.955  Scripps Florida Funding Corporation.-
1490	(1)  DEFINITIONS.-As used in this section, the term:
1491	(c)  "Grantee" means The Scripps Research Institute, a not-
1492	for-profit public benefit corporation, or a division,
1493	subsidiary, affiliate, or entity formed by The Scripps Research
1494	Institute to establish a state-of-the-art biomedical research
1495	institution and campus in this state. The grantee is neither an
1496	agency nor an entity acting on behalf of an agency for purposes
1497	of chapter 119 and s. 119.13(1) 286.011.
1498	Section 38.  Paragraph (a) of subsection (3) of section
1499	288.9551, Florida Statutes, is amended to read:
1500	288.9551  Exemptions from public records and meetings
1501	requirements; Scripps Florida Funding Corporation.-
1502	(3)(a)  That portion of a meeting of the board of directors
1503	of the Scripps Florida Funding Corporation at which information
1504	is presented or discussed that is confidential and exempt under
1505	subsection (2) is exempt from s. 119.13(1) 286.011 and s. 24(b),
1506	Art. I of the State Constitution.
1507	Section 39.  Paragraph (c) of subsection (2) of section
1508	288.9625, Florida Statutes, is amended to read:
1509	288.9625  Institute for the Commercialization of Public
1510	Research.-There is established the Institute for the
1511	Commercialization of Public Research.
1512	(2)  The purpose of the institute is to assist in the
1513	commercialization of products developed by the research and
1514	development activities of universities and colleges, research
1515	institutes, and publicly supported organizations within the
1516	state. The institute shall operate to fulfill its purpose and in
1517	the best interests of the state. The institute:
1518	(c)  Is subject to the open records and meetings
1519	requirements of s. 24, Art. I of the State Constitution, chapter
1520	119, and s. 119.13(1) 286.011;
1521	Section 40.  Paragraph (a) of subsection (3) of section
1522	288.9626, Florida Statutes, is amended to read:
1523	288.9626  Exemptions from public records and public
1524	meetings requirements; Florida Opportunity Fund and the
1525	Institute for the Commercialization of Public Research.-
1526	(3)  PUBLIC MEETINGS EXEMPTION.-
1527	(a)  That portion of a meeting of the board of directors of
1528	the Florida Opportunity Fund or the board of directors of the
1529	Institute for the Commercialization of Public Research at which
1530	information is discussed which is confidential and exempt under
1531	subsection (2) is exempt from s. 119.13(1) 286.011 and s. 24(b),
1532	Art. I of the State Constitution.
1533	Section 41.  Subsection (2) of section 288.982, Florida
1534	Statutes, is amended to read:
1535	288.982  Exemptions from public records and meeting
1536	requirements; Governor's Advisory Council on Base Realignment
1537	and Closure, Enterprise Florida, Inc., and the Office of
1538	Tourism, Trade, and Economic Development; United States
1539	Department of Defense Base Realignment and Closure 2005
1540	process.-
1541	(2)  Meetings or portions of meetings of the Governor's
1542	Advisory Council on Base Realignment and Closure, or a committee
1543	or subcommittee of the advisory council, at which records are
1544	presented or discussed which are confidential and exempt under
1545	subsection (1) are exempt from s. 119.13(1) 286.011 and s.
1546	24(b), Art. I of the State Constitution.
1547	Section 42.  Subsection (2) of section 288.985, Florida
1548	Statutes, is amended to read:
1549	288.985  Exemptions from public records and public meetings
1550	requirements.-
1551	(2)  Meetings or portions of meetings of the Florida
1552	Council on Military Base and Mission Support, or a workgroup of
1553	the council, at which records are presented or discussed which
1554	are exempt under subsection (1) are exempt from s. 119.13(1)
1555	286.011 and s. 24(b), Art. I of the State Constitution.
1556	Section 43.  Paragraph (b) of subsection (9) of section
1557	292.055, Florida Statutes, is amended to read:
1558	292.055  Direct-support organization.-
1559	(9)  CONFIDENTIALITY OF DONORS.-
1560	(b)  Portions of meetings of the direct-support
1561	organization during which the identity of donors or prospective
1562	donors is discussed are exempt from the provisions of s.
1563	119.13(1) 286.011 and s. 24(b), Art. I of the State
1564	Constitution.
1565	Section 44.  Paragraph (b) of subsection (3) of section
1566	322.125, Florida Statutes, is amended to read:
1567	322.125  Medical Advisory Board.-
1568	(3)
1569	(b)  Upon request of the department, the board shall report
1570	to the department on the individual physical and mental
1571	qualifications of a licensed driver or applicant. When a board
1572	member acts directly as a consultant to the department, a board
1573	member's individual review and evaluation of physical and mental
1574	qualifications of a licensed driver or applicant is exempt from
1575	the provisions of s. 119.13(1) 286.011.
1576	Section 45.  Section 331.326, Florida Statutes, is amended
1577	to read:
1578	331.326  Information relating to trade secrets
1579	confidential.-The records of Space Florida regarding matters
1580	encompassed by this act are public records subject to the
1581	provisions of chapter 119. Any information held by Space Florida
1582	which is a trade secret, as defined in s. 812.081, including
1583	trade secrets of Space Florida, any spaceport user, or the space
1584	industry business, is confidential and exempt from the
1585	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1586	Constitution and may not be disclosed. If Space Florida
1587	determines that any information requested by the public will
1588	reveal a trade secret, it shall, in writing, inform the person
1589	making the request of that determination. The determination is a
1590	final order as defined in s. 120.52. Any meeting or portion of a
1591	meeting of Space Florida's board is exempt from the provisions
1592	of s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
1593	Constitution when the board is discussing trade secrets. Any
1594	public record generated during the closed portions of the
1595	meetings, such as minutes, tape recordings, and notes, is
1596	confidential and exempt from the provisions of s. 119.07(1) and
1597	s. 24(a), Art. I of the State Constitution.
1598	Section 46.  Subsection (3) of section 339.410, Florida
1599	Statutes, is amended to read:
1600	339.410  Notice of meetings; open records.-
1601	(3)  The board of directors is subject to the provisions of
1602	s. 119.13(1) 286.011.
1603	Section 47.  Subsection (3) of section 350.031, Florida
1604	Statutes, is amended to read:
1605	350.031  Florida Public Service Commission Nominating
1606	Council.-
1607	(3)  A majority of the membership of the council may
1608	conduct any business before the council. All meetings and
1609	proceedings of the council shall be staffed by the Office of
1610	Legislative Services and shall be subject to the provisions of
1611	ss. 119.07 and 119.13(1) 286.011. Members of the council are
1612	entitled to receive per diem and travel expenses as provided in
1613	s. 112.061, which shall be funded by the Florida Public Service
1614	Regulatory Trust Fund. Applicants invited for interviews before
1615	the council may, in the discretion of the council, receive per
1616	diem and travel expenses as provided in s. 112.061, which shall
1617	be funded by the Florida Public Service Regulatory Trust Fund.
1618	The council shall establish policies and procedures to govern
1619	the process by which applicants are nominated.
1620	Section 48.  Subsection (12) of section 365.172, Florida
1621	Statutes, is amended to read:
1622	365.172  Emergency communications number "E911."-
1623	(12)  FACILITATING E911 SERVICE IMPLEMENTATION.-To balance
1624	the public need for reliable E911 services through reliable
1625	wireless systems and the public interest served by governmental
1626	zoning and land development regulations and notwithstanding any
1627	other law or local ordinance to the contrary, the following
1628	standards shall apply to a local government's actions, as a
1629	regulatory body, in the regulation of the placement,
1630	construction, or modification of a wireless communications
1631	facility. This subsection shall not, however, be construed to
1632	waive or alter the provisions of s. 119.13(1) 286.011 or s.
1633	286.0115. For the purposes of this subsection only, "local
1634	government" shall mean any municipality or county and any agency
1635	of a municipality or county only. The term "local government"
1636	does not, however, include any airport, as defined by s.
1637	330.27(2), even if it is owned or controlled by or through a
1638	municipality, county, or agency of a municipality or county.
1639	Further, notwithstanding anything in this section to the
1640	contrary, this subsection does not apply to or control a local
1641	government's actions as a property or structure owner in the use
1642	of any property or structure owned by such entity for the
1643	placement, construction, or modification of wireless
1644	communications facilities. In the use of property or structures
1645	owned by the local government, however, a local government may
1646	not use its regulatory authority so as to avoid compliance with,
1647	or in a manner that does not advance, the provisions of this
1648	subsection.
1649	(a)  Collocation among wireless providers is encouraged by
1650	the state.
1651	1.a.  Collocations on towers, including nonconforming
1652	towers, that meet the requirements in sub-sub-subparagraphs (I),
1653	(II), and (III), are subject to only building permit review,
1654	which may include a review for compliance with this
1655	subparagraph. Such collocations are not subject to any design or
1656	placement requirements of the local government's land
1657	development regulations in effect at the time of the collocation
1658	that are more restrictive than those in effect at the time of
1659	the initial antennae placement approval, to any other portion of
1660	the land development regulations, or to public hearing review.
1661	This sub-subparagraph shall not preclude a public hearing for
1662	any appeal of the decision on the collocation application.
1663	(I)  The collocation does not increase the height of the
1664	tower to which the antennae are to be attached, measured to the
1665	highest point of any part of the tower or any existing antenna
1666	attached to the tower;
1667	(II)  The collocation does not increase the ground space
1668	area, commonly known as the compound, approved in the site plan
1669	for equipment enclosures and ancillary facilities; and
1670	(III)  The collocation consists of antennae, equipment
1671	enclosures, and ancillary facilities that are of a design and
1672	configuration consistent with all applicable regulations,
1673	restrictions, or conditions, if any, applied to the initial
1674	antennae placed on the tower and to its accompanying equipment
1675	enclosures and ancillary facilities and, if applicable, applied
1676	to the tower supporting the antennae. Such regulations may
1677	include the design and aesthetic requirements, but not
1678	procedural requirements, other than those authorized by this
1679	section, of the local government's land development regulations
1680	in effect at the time the initial antennae placement was
1681	approved.
1682	b.  Except for a historic building, structure, site,
1683	object, or district, or a tower included in sub-subparagraph a.,
1684	collocations on all other existing structures that meet the
1685	requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1686	to no more than building permit review, and an administrative
1687	review for compliance with this subparagraph. Such collocations
1688	are not subject to any portion of the local government's land
1689	development regulations not addressed herein, or to public
1690	hearing review. This sub-subparagraph shall not preclude a
1691	public hearing for any appeal of the decision on the collocation
1692	application.
1693	(I)  The collocation does not increase the height of the
1694	existing structure to which the antennae are to be attached,
1695	measured to the highest point of any part of the structure or
1696	any existing antenna attached to the structure;
1697	(II)  The collocation does not increase the ground space
1698	area, otherwise known as the compound, if any, approved in the
1699	site plan for equipment enclosures and ancillary facilities;
1700	(III)  The collocation consists of antennae, equipment
1701	enclosures, and ancillary facilities that are of a design and
1702	configuration consistent with any applicable structural or
1703	aesthetic design requirements and any requirements for location
1704	on the structure, but not prohibitions or restrictions on the
1705	placement of additional collocations on the existing structure
1706	or procedural requirements, other than those authorized by this
1707	section, of the local government's land development regulations
1708	in effect at the time of the collocation application; and
1709	(IV)  The collocation consists of antennae, equipment
1710	enclosures, and ancillary facilities that are of a design and
1711	configuration consistent with all applicable restrictions or
1712	conditions, if any, that do not conflict with sub-sub-
1713	subparagraph (III) and were applied to the initial antennae
1714	placed on the structure and to its accompanying equipment
1715	enclosures and ancillary facilities and, if applicable, applied
1716	to the structure supporting the antennae.
1717	c.  Regulations, restrictions, conditions, or permits of
1718	the local government, acting in its regulatory capacity, that
1719	limit the number of collocations or require review processes
1720	inconsistent with this subsection shall not apply to
1721	collocations addressed in this subparagraph.
1722	d.  If only a portion of the collocation does not meet the
1723	requirements of this subparagraph, such as an increase in the
1724	height of the proposed antennae over the existing structure
1725	height or a proposal to expand the ground space approved in the
1726	site plan for the equipment enclosure, where all other portions
1727	of the collocation meet the requirements of this subparagraph,
1728	that portion of the collocation only may be reviewed under the
1729	local government's regulations applicable to an initial
1730	placement of that portion of the facility, including, but not
1731	limited to, its land development regulations, and within the
1732	review timeframes of subparagraph (d)2., and the rest of the
1733	collocation shall be reviewed in accordance with this
1734	subparagraph. A collocation proposal under this subparagraph
1735	that increases the ground space area, otherwise known as the
1736	compound, approved in the original site plan for equipment
1737	enclosures and ancillary facilities by no more than a cumulative
1738	amount of 400 square feet or 50 percent of the original compound
1739	size, whichever is greater, shall, however, require no more than
1740	administrative review for compliance with the local government's
1741	regulations, including, but not limited to, land development
1742	regulations review, and building permit review, with no public
1743	hearing review. This sub-subparagraph shall not preclude a
1744	public hearing for any appeal of the decision on the collocation
1745	application.
1746	2.  If a collocation does not meet the requirements of
1747	subparagraph 1., the local government may review the application
1748	under the local government's regulations, including, but not
1749	limited to, land development regulations, applicable to the
1750	placement of initial antennae and their accompanying equipment
1751	enclosure and ancillary facilities.
1752	3.  If a collocation meets the requirements of subparagraph
1753	1., the collocation shall not be considered a modification to an
1754	existing structure or an impermissible modification of a
1755	nonconforming structure.
1756	4.  The owner of the existing tower on which the proposed
1757	antennae are to be collocated shall remain responsible for
1758	compliance with any applicable condition or requirement of a
1759	permit or agreement, or any applicable condition or requirement
1760	of the land development regulations to which the existing tower
1761	had to comply at the time the tower was permitted, including any
1762	aesthetic requirements, provided the condition or requirement is
1763	not inconsistent with this paragraph.
1764	5.  An existing tower, including a nonconforming tower, may
1765	be structurally modified in order to permit collocation or may
1766	be replaced through no more than administrative review and
1767	building permit review, and is not subject to public hearing
1768	review, if the overall height of the tower is not increased and,
1769	if a replacement, the replacement tower is a monopole tower or,
1770	if the existing tower is a camouflaged tower, the replacement
1771	tower is a like-camouflaged tower. This subparagraph shall not
1772	preclude a public hearing for any appeal of the decision on the
1773	application.
1774	(b)1.  A local government's land development and
1775	construction regulations for wireless communications facilities
1776	and the local government's review of an application for the
1777	placement, construction, or modification of a wireless
1778	communications facility shall only address land development or
1779	zoning issues. In such local government regulations or review,
1780	the local government may not require information on or evaluate
1781	a wireless provider's business decisions about its service,
1782	customer demand for its service, or quality of its service to or
1783	from a particular area or site, unless the wireless provider
1784	voluntarily offers this information to the local government. In
1785	such local government regulations or review, a local government
1786	may not require information on or evaluate the wireless
1787	provider's designed service unless the information or materials
1788	are directly related to an identified land development or zoning
1789	issue or unless the wireless provider voluntarily offers the
1790	information. Information or materials directly related to an
1791	identified land development or zoning issue may include, but are
1792	not limited to, evidence that no existing structure can
1793	reasonably be used for the antennae placement instead of the
1794	construction of a new tower, that residential areas cannot be
1795	served from outside the residential area, as addressed in
1796	subparagraph 3., or that the proposed height of a new tower or
1797	initial antennae placement or a proposed height increase of a
1798	modified tower, replacement tower, or collocation is necessary
1799	to provide the provider's designed service. Nothing in this
1800	paragraph shall limit the local government from reviewing any
1801	applicable land development or zoning issue addressed in its
1802	adopted regulations that does not conflict with this section,
1803	including, but not limited to, aesthetics, landscaping, land use
1804	based location priorities, structural design, and setbacks.
1805	2.  Any setback or distance separation required of a tower
1806	may not exceed the minimum distance necessary, as determined by
1807	the local government, to satisfy the structural safety or
1808	aesthetic concerns that are to be protected by the setback or
1809	distance separation.
1810	3.  A local government may exclude the placement of
1811	wireless communications facilities in a residential area or
1812	residential zoning district but only in a manner that does not
1813	constitute an actual or effective prohibition of the provider's
1814	service in that residential area or zoning district. If a
1815	wireless provider demonstrates to the satisfaction of the local
1816	government that the provider cannot reasonably provide its
1817	service to the residential area or zone from outside the
1818	residential area or zone, the municipality or county and
1819	provider shall cooperate to determine an appropriate location
1820	for a wireless communications facility of an appropriate design
1821	within the residential area or zone. The local government may
1822	require that the wireless provider reimburse the reasonable
1823	costs incurred by the local government for this cooperative
1824	determination. An application for such cooperative determination
1825	shall not be considered an application under paragraph (d).
1826	4.  A local government may impose a reasonable fee on
1827	applications to place, construct, or modify a wireless
1828	communications facility only if a similar fee is imposed on
1829	applicants seeking other similar types of zoning, land use, or
1830	building permit review. A local government may impose fees for
1831	the review of applications for wireless communications
1832	facilities by consultants or experts who conduct code compliance
1833	review for the local government but any fee is limited to
1834	specifically identified reasonable expenses incurred in the
1835	review. A local government may impose reasonable surety
1836	requirements to ensure the removal of wireless communications
1837	facilities that are no longer being used.
1838	5.  A local government may impose design requirements, such
1839	as requirements for designing towers to support collocation or
1840	aesthetic requirements, except as otherwise limited in this
1841	section, but shall not impose or require information on
1842	compliance with building code type standards for the
1843	construction or modification of wireless communications
1844	facilities beyond those adopted by the local government under
1845	chapter 553 and that apply to all similar types of construction.
1846	(c)  Local governments may not require wireless providers
1847	to provide evidence of a wireless communications facility's
1848	compliance with federal regulations, except evidence of
1849	compliance with applicable Federal Aviation Administration
1850	requirements under 14 C.F.R. s. 77, as amended, and evidence of
1851	proper Federal Communications Commission licensure, or other
1852	evidence of Federal Communications Commission authorized
1853	spectrum use, but may request the Federal Communications
1854	Commission to provide information as to a wireless provider's
1855	compliance with federal regulations, as authorized by federal
1856	law.
1857	(d)1.  A local government shall grant or deny each properly
1858	completed application for a collocation under subparagraph (a)1.
1859	based on the application's compliance with the local
1860	government's applicable regulations, as provided for in
1861	subparagraph (a)1. and consistent with this subsection, and
1862	within the normal timeframe for a similar building permit review
1863	but in no case later than 45 business days after the date the
1864	application is determined to be properly completed in accordance
1865	with this paragraph.
1866	2.  A local government shall grant or deny each properly
1867	completed application for any other wireless communications
1868	facility based on the application's compliance with the local
1869	government's applicable regulations, including but not limited
1870	to land development regulations, consistent with this subsection
1871	and within the normal timeframe for a similar type review but in
1872	no case later than 90 business days after the date the
1873	application is determined to be properly completed in accordance
1874	with this paragraph.
1875	3.a.  An application is deemed submitted or resubmitted on
1876	the date the application is received by the local government. If
1877	the local government does not notify the applicant in writing
1878	that the application is not completed in compliance with the
1879	local government's regulations within 20 business days after the
1880	date the application is initially submitted or additional
1881	information resubmitted, the application is deemed, for
1882	administrative purposes only, to be properly completed and
1883	properly submitted. However, the determination shall not be
1884	deemed as an approval of the application. If the application is
1885	not completed in compliance with the local government's
1886	regulations, the local government shall so notify the applicant
1887	in writing and the notification must indicate with specificity
1888	any deficiencies in the required documents or deficiencies in
1889	the content of the required documents which, if cured, make the
1890	application properly completed. Upon resubmission of information
1891	to cure the stated deficiencies, the local government shall
1892	notify the applicant, in writing, within the normal timeframes
1893	of review, but in no case longer than 20 business days after the
1894	additional information is submitted, of any remaining
1895	deficiencies that must be cured. Deficiencies in document type
1896	or content not specified by the local government do not make the
1897	application incomplete. Notwithstanding this sub-subparagraph,
1898	if a specified deficiency is not properly cured when the
1899	applicant resubmits its application to comply with the notice of
1900	deficiencies, the local government may continue to request the
1901	information until such time as the specified deficiency is
1902	cured. The local government may establish reasonable timeframes
1903	within which the required information to cure the application
1904	deficiency is to be provided or the application will be
1905	considered withdrawn or closed.
1906	b.  If the local government fails to grant or deny a
1907	properly completed application for a wireless communications
1908	facility within the timeframes set forth in this paragraph, the
1909	application shall be deemed automatically approved and the
1910	applicant may proceed with placement of the facilities without
1911	interference or penalty. The timeframes specified in
1912	subparagraph 2. may be extended only to the extent that the
1913	application has not been granted or denied because the local
1914	government's procedures generally applicable to all other
1915	similar types of applications require action by the governing
1916	body and such action has not taken place within the timeframes
1917	specified in subparagraph 2. Under such circumstances, the local
1918	government must act to either grant or deny the application at
1919	its next regularly scheduled meeting or, otherwise, the
1920	application is deemed to be automatically approved.
1921	c.  To be effective, a waiver of the timeframes set forth
1922	in this paragraph must be voluntarily agreed to by the applicant
1923	and the local government. A local government may request, but
1924	not require, a waiver of the timeframes by the applicant, except
1925	that, with respect to a specific application, a one-time waiver
1926	may be required in the case of a declared local, state, or
1927	federal emergency that directly affects the administration of
1928	all permitting activities of the local government.
1929	(e)  The replacement of or modification to a wireless
1930	communications facility, except a tower, that results in a
1931	wireless communications facility not readily discernibly
1932	different in size, type, and appearance when viewed from ground
1933	level from surrounding properties, and the replacement or
1934	modification of equipment that is not visible from surrounding
1935	properties, all as reasonably determined by the local
1936	government, are subject to no more than applicable building
1937	permit review.
1938	(f)  Any other law to the contrary notwithstanding, the
1939	Department of Management Services shall negotiate, in the name
1940	of the state, leases for wireless communications facilities that
1941	provide access to state government-owned property not acquired
1942	for transportation purposes, and the Department of
1943	Transportation shall negotiate, in the name of the state, leases
1944	for wireless communications facilities that provide access to
1945	property acquired for state rights-of-way. On property acquired
1946	for transportation purposes, leases shall be granted in
1947	accordance with s. 337.251. On other state government-owned
1948	property, leases shall be granted on a space available, first-
1949	come, first-served basis. Payments required by state government
1950	under a lease must be reasonable and must reflect the market
1951	rate for the use of the state government-owned property. The
1952	Department of Management Services and the Department of
1953	Transportation are authorized to adopt rules for the terms and
1954	conditions and granting of any such leases.
1955	(g)  If any person adversely affected by any action, or
1956	failure to act, or regulation, or requirement of a local
1957	government in the review or regulation of the wireless
1958	communication facilities files an appeal or brings an
1959	appropriate action in a court or venue of competent
1960	jurisdiction, following the exhaustion of all administrative
1961	remedies, the matter shall be considered on an expedited basis.
1962	Section 49.  Subsection (3) of section 381.0055, Florida
1963	Statutes, is amended to read:
1964	381.0055  Confidentiality and quality assurance
1965	activities.-
1966	(3)  Portions of meetings, proceedings, reports, and
1967	records of the department, a county health department, healthy
1968	start coalition, or certified rural health network, or a panel
1969	or committee assembled by the department, a county health
1970	department, healthy start coalition, or certified rural health
1971	network pursuant to this section, which relate solely to patient
1972	care quality assurance and where specific persons or incidents
1973	are discussed are confidential and exempt from the provisions of
1974	s. 119.13(1) 286.011, and s. 24(b), Art. I of the State
1975	Constitution and are confidential and exempt from the provisions
1976	of s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1977	respectively.
1978	Section 50.  Paragraph (b) of subsection (6) of section
1979	381.84, Florida Statutes, is amended to read:
1980	381.84  Comprehensive Statewide Tobacco Education and Use
1981	Prevention Program.-
1982	(6)  CONTRACT REQUIREMENTS.-Contracts or grants for the
1983	program components or subcomponents described in paragraphs
1984	(3)(a)-(f) shall be awarded by the State Surgeon General, after
1985	consultation with the council, on the basis of merit, as
1986	determined by an open, competitive, peer-reviewed process that
1987	ensures objectivity, consistency, and high quality. The
1988	department shall award such grants or contracts no later than
1989	October 1 for each fiscal year. A recipient of a contract or
1990	grant for the program component described in paragraph (3)(c) is
1991	not eligible for a contract or grant award for any other program
1992	component described in subsection (3) in the same state fiscal
1993	year. A school or college of medicine that is represented on the
1994	council is not eligible to receive a contract or grant under
1995	this section. For the 2009-2010 fiscal year only, the department
1996	shall award a contract or grant in the amount of $10 million to
1997	the AHEC network for the purpose of developing the components
1998	described in paragraph (3)(i). The AHEC network may apply for a
1999	competitive contract or grant after the 2009-2010 fiscal year.
2000	(b)  The council and the peer review panel shall establish
2001	and follow rigorous guidelines for ethical conduct and adhere to
2002	a strict policy with regard to conflicts of interest. A member
2003	of the council or panel may not participate in any discussion or
2004	decision with respect to a research proposal by any firm,
2005	entity, or agency with which the member is associated as a
2006	member of the governing body or as an employee or with which the
2007	member has entered into a contractual arrangement. Meetings of
2008	the council and the peer review panels are subject to chapter
2009	119, s. 119.13(1) 286.011, and s. 24, Art. I of the State
2010	Constitution.
2011	Section 51.  Paragraph (h) of subsection (3) of section
2012	381.85, Florida Statutes, is amended to read:
2013	381.85  Biomedical and social research.-
2014	(3)  REVIEW COUNCIL FOR BIOMEDICAL AND SOCIAL RESEARCH.-
2015	(h)  Meetings of the council shall be subject to the
2016	provisions of chapter 119 and s. 119.13(1) 286.011.
2017	Section 52.  Paragraph (c) of subsection (3) of section
2018	381.922, Florida Statutes, is amended to read:
2019	381.922  William G. "Bill" Bankhead, Jr., and David Coley
2020	Cancer Research Program.-
2021	(3)
2022	(c)  The council and the peer review panel shall establish
2023	and follow rigorous guidelines for ethical conduct and adhere to
2024	a strict policy with regard to conflicts of interest. A member
2025	of the council or panel may not participate in any discussion or
2026	decision with respect to a research proposal by any firm,
2027	entity, or agency with which the member is associated as a
2028	member of the governing body or as an employee or with which the
2029	member has entered into a contractual arrangement. Meetings of
2030	the council and the peer review panels are subject to chapter
2031	119, s. 119.13(1) 286.011, and s. 24, Art. I of the State
2032	Constitution.
2033	Section 53.  Subsection (2) of section 383.412, Florida
2034	Statutes, is amended to read:
2035	383.412  Public records and public meetings exemptions.-
2036	(2)  Portions of meetings of the State Child Abuse Death
2037	Review Committee or local committee, or a panel or committee
2038	assembled by the state committee or a local committee pursuant
2039	to s. 383.402, at which information made confidential and exempt
2040	pursuant to subsection (1) is discussed are exempt from s.
2041	119.13(1) 286.011 and s. 24(b), Art. I of the State
2042	Constitution.
2043	Section 54.  Paragraph (c) of subsection (2) of section
2044	394.657, Florida Statutes, is amended to read:
2045	394.657  County planning councils or committees.-
2046	(2)
2047	(c)  All meetings of the planning council or committee, as
2048	well as its records, books, documents, and papers, shall be open
2049	and available to the public in accordance with ss. 119.07 and
2050	119.13(1) 286.011.
2051	Section 55.  Subsection (7) of section 394.907, Florida
2052	Statutes, is amended to read:
2053	394.907  Community mental health centers; quality assurance
2054	programs.-
2055	(7)  The department shall have access to all records
2056	necessary to determine licensee compliance with the provisions
2057	of this section. The records of quality assurance programs which
2058	relate solely to actions taken in carrying out the provisions of
2059	this section, and records obtained by the department to
2060	determine licensee compliance with this section, are
2061	confidential and exempt from s. 119.07(1). Such records are not
2062	admissible in any civil or administrative action, except in
2063	disciplinary proceedings by the Department of Business and
2064	Professional Regulation and the appropriate regulatory board,
2065	nor shall such records be available to the public as part of the
2066	record of investigation for, and prosecution in disciplinary
2067	proceedings made available to the public by the Department of
2068	Business and Professional Regulation or the appropriate
2069	regulatory board. Meetings or portions of meetings of quality
2070	assurance program committees that relate solely to actions taken
2071	pursuant to this section are exempt from s. 119.13(1) 286.011.
2072	Section 56.  Subsection (4) of section 395.1056, Florida
2073	Statutes, is amended to read:
2074	395.1056  Plan components addressing a hospital's response
2075	to terrorism; public records exemption; public meetings
2076	exemption.-
2077	(4)  That portion of a public meeting which would reveal
2078	information contained in a comprehensive emergency management
2079	plan that addresses the response of a hospital to an act of
2080	terrorism is exempt from s. 119.13(1) 286.011 and s. 24(b), Art.
2081	I of the State Constitution.
2082	Section 57.  Subsections (1) and (3), paragraph (a) of
2083	subsection (4), and subsections (7) and (8) of section 395.3035,
2084	Florida Statutes, are amended to read:
2085	395.3035  Confidentiality of hospital records and
2086	meetings.-
2087	(1)  All meetings of a governing board of a public hospital
2088	and all public hospital records shall be open and available to
2089	the public in accordance with s. 119.13(1) 286.011 and s. 24(b),
2090	Art. I of the State Constitution and chapter 119 and s. 24(a),
2091	Art. I of the State Constitution, respectively, unless made
2092	confidential or exempt by law.
2093	(3)  Those portions of a governing board meeting at which
2094	negotiations for contracts with nongovernmental entities occur
2095	or are reported on when such negotiations or reports concern
2096	services that are or may reasonably be expected by the
2097	hospital's governing board to be provided by competitors of the
2098	hospital are exempt from the provisions of s. 119.13(1) 286.011
2099	and s. 24(b), Art. I of the State Constitution. All governing
2100	board meetings at which the board is scheduled to vote to
2101	accept, reject, or amend contracts, except managed care
2102	contracts, shall be open to the public. All portions of any
2103	board meeting which are closed to the public shall be recorded
2104	by a certified court reporter. The reporter shall record the
2105	times of commencement and termination of the meeting, all
2106	discussion and proceedings, the names of all persons present at
2107	any time, and the names of all persons speaking. No portion of
2108	the meeting shall be off the record. The court reporter's notes
2109	shall be fully transcribed and maintained by the hospital
2110	records custodian within a reasonable time after the meeting.
2111	The transcript shall become public 1 year after the termination
2112	or completion of the term of the contract to which such
2113	negotiations relate or, if no contract was executed, 1 year
2114	after termination of the negotiations.
2115	(4)(a)  Those portions of a board meeting at which one or
2116	more written strategic plans that are confidential pursuant to
2117	subsection (2) are discussed, reported on, modified, or approved
2118	by the governing board are exempt from s. 119.13(1) 286.011 and
2119	s. 24(b), Art. I of the State Constitution.
2120	(7)  If the governing board of the hospital closes a
2121	portion of any board meeting pursuant to subsection (4) before
2122	placing the strategic plan or any separate component of the
2123	strategic plan into operation, the governing board must give
2124	notice of an open meeting in accordance with s. 119.13(1)
2125	286.011, and conduct the meeting to inform the public, in
2126	general terms, of the business activity that is to be
2127	implemented. If a strategic plan involves a substantial
2128	reduction in the level of medical services provided to the
2129	public, the meeting notice must be given at least 30 days prior
2130	to the meeting at which the governing board considers the
2131	decision to implement the strategic plan.
2132	(8)  A hospital may not approve a binding agreement to
2133	implement a strategic plan at any closed meeting of the board.
2134	Any such approval must be made at a meeting open to the public
2135	and noticed in accordance with s. 119.13(1) 286.011.
2136	Section 58.  Section 395.3036, Florida Statutes, is amended
2137	to read:
2138	395.3036  Confidentiality of records and meetings of
2139	corporations that lease public hospitals or other public health
2140	care facilities.-The records of a private corporation that
2141	leases a public hospital or other public health care facility
2142	are confidential and exempt from the provisions of s. 119.07(1)
2143	and s. 24(a), Art. I of the State Constitution, and the meetings
2144	of the governing board of a private corporation are exempt from
2145	s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
2146	Constitution when the public lessor complies with the public
2147	finance accountability provisions of s. 155.40(5) with respect
2148	to the transfer of any public funds to the private lessee and
2149	when the private lessee meets at least three of the five
2150	following criteria:
2151	(1)  The public lessor that owns the public hospital or
2152	other public health care facility was not the incorporator of
2153	the private corporation that leases the public hospital or other
2154	health care facility.
2155	(2)  The public lessor and the private lessee do not
2156	commingle any of their funds in any account maintained by either
2157	of them, other than the payment of the rent and administrative
2158	fees or the transfer of funds pursuant to subsection (2).
2159	(3)  Except as otherwise provided by law, the private
2160	lessee is not allowed to participate, except as a member of the
2161	public, in the decisionmaking process of the public lessor.
2162	(4)  The lease agreement does not expressly require the
2163	lessee to comply with the requirements of ss. 119.07(1) and
2164	119.13(1) 286.011.
2165	(5)  The public lessor is not entitled to receive any
2166	revenues from the lessee, except for rental or administrative
2167	fees due under the lease, and the lessor is not responsible for
2168	the debts or other obligations of the lessee.
2169	Section 59.  Subsection (3) of section 395.51, Florida
2170	Statutes, is amended to read:
2171	395.51  Confidentiality and quality assurance activities of
2172	trauma agencies.-
2173	(3)  Portions of meetings, proceedings, reports, and
2174	records of a local or regional trauma agency, or a panel or
2175	committee assembled by a local or regional trauma agency
2176	pursuant to this chapter, which relate solely to patient care
2177	quality assurance are confidential and exempt from the
2178	provisions of s. 119.13(1) 286.011, and s. 24(b), Art. I of the
2179	State Constitution and are confidential and exempt from the
2180	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
2181	Constitution, respectively. Patient care quality assurance, for
2182	the purpose of this section, shall include consideration of
2183	specific persons, cases, incidents relevant to the performance
2184	of quality control, and system evaluation.
2185	Section 60.  Subsection (5) of section 397.419, Florida
2186	Statutes, is amended to read:
2187	397.419  Quality improvement programs.-
2188	(5)  The department may access all service provider records
2189	necessary to determine compliance with this section. Records
2190	relating solely to actions taken in carrying out this section
2191	and records obtained by the department to determine a provider's
2192	compliance with this section are confidential and exempt from s.
2193	119.07(1) and s. 24(a), Art. I of the State Constitution. Such
2194	records are not admissible in any civil or administrative action
2195	except in disciplinary proceedings by the Department of Health
2196	or the appropriate regulatory board, and are not part of the
2197	record of investigation and prosecution in disciplinary
2198	proceedings made available to the public by the Department of
2199	Health or the appropriate regulatory board. Meetings or portions
2200	of meetings of quality improvement program committees that
2201	relate solely to actions taken pursuant to this section are
2202	exempt from s. 119.13(1) 286.011.
2203	Section 61.  Subsections (2) and (3) of section 400.0077,
2204	Florida Statutes, are amended to read:
2205	400.0077  Confidentiality.-
2206	(2)  That portion of an ombudsman council meeting in which
2207	an ombudsman council discusses information that is confidential
2208	and exempt from the provisions of s. 119.07(1) is closed to the
2209	public and exempt from the provisions of s. 119.13(1) 286.011.
2210	(3)  All other matters before the council shall be open to
2211	the public and subject to chapter 119 and s. 119.13(1) 286.011.
2212	Section 62.  Paragraph (a) of subsection (2) of section
2213	400.119, Florida Statutes, is amended to read:
2214	400.119  Confidentiality of records and meetings of risk
2215	management and quality assurance committees.-
2216	(2)(a)  The meetings of an internal risk management and
2217	quality assurance committee of a long-term care facility
2218	licensed under this part or part I of chapter 429 are exempt
2219	from s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
2220	Constitution.
2221	Section 63.  Subsection (5) of section 401.425, Florida
2222	Statutes, is amended to read:
2223	401.425  Emergency medical services quality assurance;
2224	immunity from liability.-
2225	(5)  The records obtained or produced by a committee
2226	providing quality assurance activities as described in
2227	subsections (1)-(4) are exempt from the provisions of s.
2228	119.07(1) and s. 24(a), Art. I of the State Constitution, and
2229	committee proceedings and meetings regarding quality assurance
2230	activities are exempt from the provisions of s. 119.13(1)
2231	286.011 and s. 24(b), Art. I of the State Constitution. The
2232	investigations, proceedings, and records of a committee
2233	providing quality assurance activities as described in
2234	subsections (1)-(4) shall not be subject to discovery or
2235	introduction into evidence in any civil action or disciplinary
2236	proceeding by the department or employing agency arising out of
2237	matters which are the subject of evaluation and review by the
2238	committee, and no person who was in attendance at a meeting of
2239	such committee shall be permitted or required to testify in any
2240	such civil action or disciplinary proceeding as to any evidence
2241	or other matters produced or presented during the proceedings of
2242	such committee or as to any findings, recommendations,
2243	evaluations, opinions, or other actions of such committee or any
2244	members thereof. However, information, documents, or records
2245	provided to the committee from sources external to the committee
2246	are not immune from discovery or use in any such civil action or
2247	disciplinary proceeding merely because they were presented
2248	during proceedings of such committee nor should any person who
2249	testifies before a committee or who is a member of such
2250	committee be prevented from testifying as to matters within the
2251	person's knowledge, but, such witness shall not be asked about
2252	his or her testimony before a committee or information obtained
2253	from or opinions formed by him or her as a result of
2254	participating in activities conducted by a committee.
2255	Section 64.  Paragraph (c) of subsection (8) of section
2256	402.165, Florida Statutes, is amended to read:
2257	402.165  Florida Statewide Advocacy Council; confidential
2258	records and meetings.-
2259	(8)
2260	(c)  Portions of meetings of the statewide council that
2261	relate to the identity of any client or group of clients subject
2262	to the protections of this section, that relate to the identity
2263	of an individual who provides information to the council about
2264	abuse or about alleged violations of constitutional or human
2265	rights, or wherein testimony is provided relating to records
2266	otherwise made confidential by law, are exempt from s. 119.13(1)
2267	286.011 and s. 24(b), Art. I of the State Constitution.
2268	Section 65.  Paragraph (c) of subsection (8) of section
2269	402.166, Florida Statutes, is amended to read:
2270	402.166  Florida local advocacy councils; confidential
2271	records and meetings.-
2272	(8)
2273	(c)  Portions of meetings of a local council that relate to
2274	the identity of any client or group of clients subject to the
2275	protections of this section, that relate to the identity of an
2276	individual who provides information to the local council about
2277	abuse or about alleged violations of constitutional or human
2278	rights, or when testimony is provided relating to records
2279	otherwise made confidential by law, are exempt from s. 119.13(1)
2280	286.011 and s. 24(b), Art. I of the State Constitution.
2281	Section 66.  Subsection (3) of section 402.22, Florida
2282	Statutes, is amended to read:
2283	402.22  Education program for students who reside in
2284	residential care facilities operated by the Department of
2285	Children and Family Services or the Agency for Persons with
2286	Disabilities.-
2287	(3)  Notwithstanding any provisions of chapters 39, 393,
2288	394, and 397 to the contrary, the services of the Department of
2289	Children and Family Services and the Agency for Persons with
2290	Disabilities and those of the Department of Education and
2291	district school boards shall be mutually supportive and
2292	complementary of each other. The education programs provided by
2293	the district school board shall meet the standards prescribed by
2294	the State Board of Education and the district school board.
2295	Decisions regarding the design and delivery of department or
2296	agency treatment or habilitative services shall be made by
2297	interdisciplinary teams of professional and paraprofessional
2298	staff of which appropriate district school system administrative
2299	and instructional personnel shall be invited to be participating
2300	members. The requirements for maintenance of confidentiality as
2301	prescribed in chapters 39, 393, 394, and 397 shall be applied to
2302	information used by such interdisciplinary teams, and such
2303	information shall be exempt from the provisions of ss. 119.07(1)
2304	and 119.13(1) 286.011.
2305	Section 67.  Paragraph (a) of subsection (3) of section
2306	406.075, Florida Statutes, is amended to read:
2307	406.075  Grounds for discipline; disciplinary proceedings.-
2308	(3)(a)  The commission chair shall appoint a probable cause
2309	panel of three members from among the commission membership, one
2310	of whom shall be a medical examiner. The probable cause panel
2311	may request staff to perform additional investigations as it
2312	sees fit.
2313	1.  The determination as to whether or not probable cause
2314	exists shall be made by a majority vote of the probable cause
2315	panel within 30 working days of its receipt of staff
2316	investigative findings and recommendations. The commission chair
2317	may grant 30-day extensions of the 30 working day time limit.
2318	2.  All proceedings and findings of the probable cause
2319	panel are exempt from the provisions of s. 119.13(1) 286.011
2320	until probable cause has been found or until the subject of the
2321	investigation waives confidentiality. The complaint, all
2322	investigative findings, and the recommendations of the probable
2323	cause panel are exempt from the provisions of s. 119.07(1) until
2324	10 days after probable cause has been found or until the subject
2325	of the investigation waives confidentiality. The commission may
2326	provide such information at any time to any law enforcement
2327	agency or to any regulatory agency.
2328	Section 68.  Paragraph (a) of subsection (3) of section
2329	409.2558, Florida Statutes, is amended to read:
2330	409.2558  Support distribution and disbursement.-
2331	(3)  UNDISTRIBUTABLE COLLECTIONS.-
2332	(a)  The department shall establish by rule the method for
2333	determining a collection or refund to be undistributable to the
2334	final intended recipient. Before determining a collection or
2335	refund to be undistributable, the department shall make
2336	reasonable efforts to locate persons to whom collections or
2337	refunds are owed so that payment can be made. Location efforts
2338	may include disclosure through a searchable database of the
2339	names of obligees, obligors, and depository account numbers on
2340	the Internet in compliance with the requirements of s.
2341	119.01(3)(2)(a).
2342	Section 69.  Paragraph (b) of subsection (14) of section
2343	408.7056, Florida Statutes, is amended to read:
2344	408.7056  Subscriber Assistance Program.-
2345	(14)
2346	(b)  Meetings of the panel shall be open to the public
2347	unless the provider or subscriber whose grievance will be heard
2348	requests a closed meeting or the agency or the department
2349	determines that information which discloses the subscriber's
2350	medical treatment or history or information relating to internal
2351	risk management programs as defined in s. 641.55(5)(c), (6), and
2352	(8) may be revealed at the panel meeting, in which case that
2353	portion of the meeting during which a subscriber's medical
2354	treatment or history or internal risk management program
2355	information is discussed shall be exempt from the provisions of
2356	s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
2357	Constitution. All closed meetings shall be recorded by a
2358	certified court reporter.
2359	Section 70.  Subsection (2) of section 409.91196, Florida
2360	Statutes, is amended to read:
2361	409.91196  Supplemental rebate agreements; public records
2362	and public meetings exemption.-
2363	(2)  That portion of a meeting of the Medicaid
2364	Pharmaceutical and Therapeutics Committee at which the rebate
2365	amount, percent of rebate, manufacturer's pricing, or
2366	supplemental rebate, or other trade secrets as defined in s.
2367	688.002 that the agency has identified for use in negotiations,
2368	are discussed is exempt from s. 119.13(1) 286.011 and s. 24(b),
2369	Art. I of the State Constitution. A record shall be made of each
2370	exempt portion of a meeting. Such record must include the times
2371	of commencement and termination, all discussions and
2372	proceedings, the names of all persons present at any time, and
2373	the names of all persons speaking. No exempt portion of a
2374	meeting may be held off the record.
2375	Section 71.  Paragraph (d) of subsection (2) of section
2376	413.0111, Florida Statutes, is amended to read:
2377	413.0111  Blind services direct-support organization.-
2378	(2)
2379	(d)  The direct-support organization is subject to the
2380	requirements of s. 24, Art. I of the State Constitution, chapter
2381	119, and s. 119.13(1) 286.011.
2382	Section 72.  Subsection (7) of section 413.615, Florida
2383	Statutes, is amended to read:
2384	413.615  Florida Endowment for Vocational Rehabilitation.-
2385	(7)  CONFIDENTIALITY.-
2386	(a)  The identity of a donor or prospective donor to the
2387	Florida Endowment Foundation for Vocational Rehabilitation who
2388	desires to remain anonymous and all information identifying such
2389	donor or prospective donor are confidential and exempt from the
2390	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
2391	Constitution. Portions of meetings of the Florida Endowment
2392	Foundation for Vocational Rehabilitation during which the
2393	identity of donors or prospective donors is discussed are exempt
2394	from the provisions of s. 119.13(1) 286.011 and s. 24(b), Art. I
2395	of the State Constitution.
2396	(b)  Records relating to clients of or applicants to the
2397	Division of Vocational Rehabilitation that come into the
2398	possession of the foundation and that are confidential by other
2399	provisions of law are confidential and exempt from the
2400	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
2401	Constitution, and may not be released by the foundation.
2402	Portions of meetings of the Florida Endowment Foundation for
2403	Vocational Rehabilitation during which the identities of such
2404	clients of or applicants to the Division of Vocational
2405	Rehabilitation are discussed are exempt from the provisions of
2406	s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
2407	Constitution.
2408	Section 73.  Section 414.106, Florida Statutes, is amended
2409	to read:
2410	414.106  Exemption from public meetings law.-That portion
2411	of a meeting held by the department, Workforce Florida, Inc., or
2412	a regional workforce board or local committee created pursuant
2413	to s. 445.007 at which personal identifying information
2414	contained in records relating to temporary cash assistance is
2415	discussed is exempt from s. 119.13(1) 286.011 and s. 24(b), Art.
2416	I of the State Constitution if the information identifies a
2417	participant, a participant's family, or a participant's family
2418	or household member.
2419	Section 74.  Subsection (3) of section 440.3851, Florida
2420	Statutes, is amended to read:
2421	440.3851  Public records and public meetings exemptions.-
2422	(3)  That portion of a meeting of the association's board
2423	of directors or any subcommittee of the association's board at
2424	which records made confidential and exempt by this section are
2425	discussed is exempt from s. 119.13(1) 286.011 and s. 24(b), Art.
2426	I of the State Constitution. All exempt portions of meetings
2427	shall be recorded and transcribed. The board shall record the
2428	times of commencement and termination of the meeting, all
2429	discussion and proceedings, the names of all persons present at
2430	any time, and the names of all persons speaking. An exempt
2431	portion of any meeting may not be off the record. Subject to
2432	this section and s. 119.021(2), the court reporter's notes of
2433	any exempt portion of a meeting shall be retained by the
2434	association for a minimum of 5 years. A copy of the transcript
2435	of any exempt portion of a meeting in which claims files are
2436	discussed shall become public as to individual claims after
2437	settlement of the claim with any confidential and exempt
2438	information redacted.
2439	Section 75.  Subsection (10) of section 447.205, Florida
2440	Statutes, is amended to read:
2441	447.205  Public Employees Relations Commission.-
2442	(10)  The deliberations of the commission in any proceeding
2443	before it are closed and exempt from the provisions of s.
2444	119.13(1) 286.011. However, any hearing held or oral argument
2445	heard by the commission pursuant to chapter 120 or this chapter
2446	shall be open to the public. All draft orders developed in
2447	preparation for, or preliminary to, the issuance of a final
2448	written order are confidential and exempt from the provisions of
2449	s. 119.07(1).
2450	Section 76.  Subsections (1) and (2) of section 447.605,
2451	Florida Statutes, are amended to read:
2452	447.605  Public meetings and records law; exemptions and
2453	compliance.-
2454	(1)  All discussions between the chief executive officer of
2455	the public employer, or his or her representative, and the
2456	legislative body or the public employer relative to collective
2457	bargaining shall be closed and exempt from the provisions of s.
2458	119.13(1) 286.011.
2459	(2)  The collective bargaining negotiations between a chief
2460	executive officer, or his or her representative, and a
2461	bargaining agent shall be in compliance with the provisions of
2462	s. 286.011.
2463	Section 77.  Subsection (5) of section 455.217, Florida
2464	Statutes, is amended to read:
2465	455.217  Examinations.-This section shall be read in
2466	conjunction with the appropriate practice act associated with
2467	each regulated profession under this chapter.
2468	(5)  Meetings and records of meetings of any member of the
2469	department or of any board or commission within the department
2470	held for the exclusive purpose of creating or reviewing
2471	licensure examination questions or proposed examination
2472	questions are confidential and exempt from ss. 119.07(1) and
2473	119.13(1) 286.011. However, this exemption shall not affect the
2474	right of any person to review an examination as provided in
2475	subsection (3).
2476	Section 78.  Subsection (4) of section 455.225, Florida
2477	Statutes, is amended to read:
2478	455.225  Disciplinary proceedings.-Disciplinary proceedings
2479	for each board shall be within the jurisdiction of the
2480	department.
2481	(4)  The determination as to whether probable cause exists
2482	shall be made by majority vote of a probable cause panel of the
2483	board, or by the department, as appropriate. Each regulatory
2484	board shall provide by rule that the determination of probable
2485	cause shall be made by a panel of its members or by the
2486	department. Each board may provide by rule for multiple probable
2487	cause panels composed of at least two members. Each board may
2488	provide by rule that one or more members of the panel or panels
2489	may be a former board member. The length of term or repetition
2490	of service of any such former board member on a probable cause
2491	panel may vary according to the direction of the board when
2492	authorized by board rule. Any probable cause panel must include
2493	one of the board's former or present consumer members, if one is
2494	available, willing to serve, and is authorized to do so by the
2495	board chair. Any probable cause panel must include a present
2496	board member. Any probable cause panel must include a former or
2497	present professional board member. However, any former
2498	professional board member serving on the probable cause panel
2499	must hold an active valid license for that profession. All
2500	proceedings of the panel are exempt from s. 119.13(1) 286.011
2501	until 10 days after probable cause has been found to exist by
2502	the panel or until the subject of the investigation waives his
2503	or her privilege of confidentiality. The probable cause panel
2504	may make a reasonable request, and upon such request the
2505	department shall provide such additional investigative
2506	information as is necessary to the determination of probable
2507	cause. A request for additional investigative information shall
2508	be made within 15 days from the date of receipt by the probable
2509	cause panel of the investigative report of the department. The
2510	probable cause panel or the department, as may be appropriate,
2511	shall make its determination of probable cause within 30 days
2512	after receipt by it of the final investigative report of the
2513	department. The secretary may grant extensions of the 15-day and
2514	the 30-day time limits. In lieu of a finding of probable cause,
2515	the probable cause panel, or the department when there is no
2516	board, may issue a letter of guidance to the subject. If, within
2517	the 30-day time limit, as may be extended, the probable cause
2518	panel does not make a determination regarding the existence of
2519	probable cause or does not issue a letter of guidance in lieu of
2520	a finding of probable cause, the department, for disciplinary
2521	cases under its jurisdiction, must make a determination
2522	regarding the existence of probable cause within 10 days after
2523	the expiration of the time limit. If the probable cause panel
2524	finds that probable cause exists, it shall direct the department
2525	to file a formal complaint against the licensee. The department
2526	shall follow the directions of the probable cause panel
2527	regarding the filing of a formal complaint. If directed to do
2528	so, the department shall file a formal complaint against the
2529	subject of the investigation and prosecute that complaint
2530	pursuant to chapter 120. However, the department may decide not
2531	to prosecute the complaint if it finds that probable cause had
2532	been improvidently found by the panel. In such cases, the
2533	department shall refer the matter to the board. The board may
2534	then file a formal complaint and prosecute the complaint
2535	pursuant to chapter 120. The department shall also refer to the
2536	board any investigation or disciplinary proceeding not before
2537	the Division of Administrative Hearings pursuant to chapter 120
2538	or otherwise completed by the department within 1 year after the
2539	filing of a complaint. The department, for disciplinary cases
2540	under its jurisdiction, must establish a uniform reporting
2541	system to quarterly refer to each board the status of any
2542	investigation or disciplinary proceeding that is not before the
2543	Division of Administrative Hearings or otherwise completed by
2544	the department within 1 year after the filing of the complaint.
2545	A probable cause panel or a board may retain independent legal
2546	counsel, employ investigators, and continue the investigation as
2547	it deems necessary; all costs thereof shall be paid from the
2548	Professional Regulation Trust Fund. All proceedings of the
2549	probable cause panel are exempt from s. 120.525.
2550	Section 79.  Subsection (1) of section 455.232, Florida
2551	Statutes, is amended to read:
2552	455.232  Disclosure of confidential information.-
2553	(1)  No officer, employee, or person under contract with
2554	the department, or any board therein, or any subject of an
2555	investigation shall convey knowledge or information to any
2556	person who is not lawfully entitled to such knowledge or
2557	information about any public meeting or public record, which at
2558	the time such knowledge or information is conveyed is exempt
2559	from the provisions of s. 119.01, s. 119.07(1), or s. 119.13(1)
2560	286.011.
2561	Section 80.  Subsection (15) of section 455.32, Florida
2562	Statutes, is amended to read:
2563	455.32  Management Privatization Act.-
2564	(15)  Corporation records are public records subject to the
2565	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
2566	Constitution; however, public records exemptions set forth in
2567	ss. 455.217, 455.225, and 455.229 for records held by the
2568	department shall apply to records held by the corporation. In
2569	addition, all meetings of the board of directors are open to the
2570	public in accordance with s. 119.13(1) 286.011 and s. 24(b),
2571	Art. I of the State Constitution. The department and the board
2572	shall have access to all records of the corporation as necessary
2573	to exercise their authority to approve and supervise the
2574	contract. The Auditor General and the Office of Program Policy
2575	Analysis and Government Accountability shall have access to all
2576	records of the corporation as necessary to conduct financial and
2577	operational audits or examinations.
2578	Section 81.  Subsection (4) of section 456.017, Florida
2579	Statutes, is amended to read:
2580	456.017  Examinations.-
2581	(4)  Meetings of any member of the department or of any
2582	board within the department held for the exclusive purpose of
2583	creating or reviewing licensure examination questions or
2584	proposed examination questions are exempt from the provisions of
2585	s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
2586	Constitution. Any public records, such as tape recordings,
2587	minutes, or notes, generated during or as a result of such
2588	meetings are confidential and exempt from the provisions of s.
2589	119.07(1) and s. 24(a), Art. I of the State Constitution.
2590	However, these exemptions shall not affect the right of any
2591	person to review an examination as provided in subsection (2).
2592	Section 82.  Subsection (4) of section 456.073, Florida
2593	Statutes, is amended to read:
2594	456.073  Disciplinary proceedings.-Disciplinary proceedings
2595	for each board shall be within the jurisdiction of the
2596	department.
2597	(4)  The determination as to whether probable cause exists
2598	shall be made by majority vote of a probable cause panel of the
2599	board, or by the department, as appropriate. Each regulatory
2600	board shall provide by rule that the determination of probable
2601	cause shall be made by a panel of its members or by the
2602	department. Each board may provide by rule for multiple probable
2603	cause panels composed of at least two members. Each board may
2604	provide by rule that one or more members of the panel or panels
2605	may be a former board member. The length of term or repetition
2606	of service of any such former board member on a probable cause
2607	panel may vary according to the direction of the board when
2608	authorized by board rule. Any probable cause panel must include
2609	one of the board's former or present consumer members, if one is
2610	available, is willing to serve, and is authorized to do so by
2611	the board chair. Any probable cause panel must include a present
2612	board member. Any probable cause panel must include a former or
2613	present professional board member. However, any former
2614	professional board member serving on the probable cause panel
2615	must hold an active valid license for that profession. All
2616	proceedings of the panel are exempt from s. 119.13(1) 286.011
2617	until 10 days after probable cause has been found to exist by
2618	the panel or until the subject of the investigation waives his
2619	or her privilege of confidentiality. The probable cause panel
2620	may make a reasonable request, and upon such request the
2621	department shall provide such additional investigative
2622	information as is necessary to the determination of probable
2623	cause. A request for additional investigative information shall
2624	be made within 15 days from the date of receipt by the probable
2625	cause panel of the investigative report of the department or the
2626	agency. The probable cause panel or the department, as may be
2627	appropriate, shall make its determination of probable cause
2628	within 30 days after receipt by it of the final investigative
2629	report of the department. The State Surgeon General may grant
2630	extensions of the 15-day and the 30-day time limits. In lieu of
2631	a finding of probable cause, the probable cause panel, or the
2632	department if there is no board, may issue a letter of guidance
2633	to the subject. If, within the 30-day time limit, as may be
2634	extended, the probable cause panel does not make a determination
2635	regarding the existence of probable cause or does not issue a
2636	letter of guidance in lieu of a finding of probable cause, the
2637	department must make a determination regarding the existence of
2638	probable cause within 10 days after the expiration of the time
2639	limit. If the probable cause panel finds that probable cause
2640	exists, it shall direct the department to file a formal
2641	complaint against the licensee. The department shall follow the
2642	directions of the probable cause panel regarding the filing of a
2643	formal complaint. If directed to do so, the department shall
2644	file a formal complaint against the subject of the investigation
2645	and prosecute that complaint pursuant to chapter 120. However,
2646	the department may decide not to prosecute the complaint if it
2647	finds that probable cause has been improvidently found by the
2648	panel. In such cases, the department shall refer the matter to
2649	the board. The board may then file a formal complaint and
2650	prosecute the complaint pursuant to chapter 120. The department
2651	shall also refer to the board any investigation or disciplinary
2652	proceeding not before the Division of Administrative Hearings
2653	pursuant to chapter 120 or otherwise completed by the department
2654	within 1 year after the filing of a complaint. The department,
2655	for disciplinary cases under its jurisdiction, must establish a
2656	uniform reporting system to quarterly refer to each board the
2657	status of any investigation or disciplinary proceeding that is
2658	not before the Division of Administrative Hearings or otherwise
2659	completed by the department within 1 year after the filing of
2660	the complaint. Annually, the department, in consultation with
2661	the applicable probable cause panel, must establish a plan to
2662	expedite or otherwise close any investigation or disciplinary
2663	proceeding that is not before the Division of Administrative
2664	Hearings or otherwise completed by the department within 1 year
2665	after the filing of the complaint. A probable cause panel or a
2666	board may retain independent legal counsel, employ
2667	investigators, and continue the investigation as it deems
2668	necessary; all costs thereof shall be paid from a trust fund
2669	used by the department to implement this chapter. All
2670	proceedings of the probable cause panel are exempt from s.
2671	120.525.
2672	Section 83.  Subsection (1) of section 456.082, Florida
2673	Statutes, is amended to read:
2674	456.082  Disclosure of confidential information.-
2675	(1)  No officer, employee, or person under contract with
2676	the department, or any board therein, or any subject of an
2677	investigation shall convey knowledge or information to any
2678	person who is not lawfully entitled to such knowledge or
2679	information about any public meeting or public record, which at
2680	the time such knowledge or information is conveyed is exempt
2681	from the provisions of s. 119.01, s. 119.07(1), or s. 119.13(1)
2682	286.011.
2683	Section 84.  Subsection (3) of section 466.022, Florida
2684	Statutes, is amended to read:
2685	466.022  Peer review; records; immunity; confidentiality.-
2686	(3)  Peer review information obtained by the department as
2687	background information shall remain confidential and exempt from
2688	ss. 119.07(1) and 119.13(1) 286.011 regardless of whether
2689	probable cause is found. The provisions of s. 766.101 continue
2690	to apply in full notwithstanding the fact that peer review
2691	information becomes available to the department pursuant to this
2692	chapter. For the purpose of this section, official records of
2693	peer review organizations or committees include correspondence
2694	between the dentist who is the subject of the complaint and the
2695	organization; correspondence between the complainant and the
2696	organization; diagnostic data, treatment plans, and radiographs
2697	used by investigators or otherwise relied upon by the
2698	organization or committee; results of patient examinations;
2699	interviews; evaluation worksheets; recommendation worksheets;
2700	and peer review report forms.
2701	Section 85.  Subsection (7) of section 471.038, Florida
2702	Statutes, is amended to read:
2703	471.038  Florida Engineers Management Corporation.-
2704	(7)  Management corporation records are public records
2705	subject to the provisions of s. 119.07(1) and s. 24(a), Art. I
2706	of the State Constitution; however, public records exemptions
2707	set forth in ss. 455.217 and 455.229 for records created or
2708	maintained by the department shall apply to records created or
2709	maintained by the management corporation. In addition, all
2710	meetings of the board of directors are open to the public in
2711	accordance with s. 119.13(1) 286.011 and s. 24(b), Art. I of the
2712	State Constitution. The exemptions set forth in s. 455.225,
2713	relating to complaints and information obtained pursuant to an
2714	investigation by the department, shall apply to such records
2715	created or obtained by the management corporation only until an
2716	investigation ceases to be active. For the purposes of this
2717	subsection, an investigation is considered active so long as the
2718	management corporation or any law enforcement or administrative
2719	agency is proceeding with reasonable dispatch and has a
2720	reasonable, good faith belief that it may lead to the filing of
2721	administrative, civil, or criminal proceedings. An investigation
2722	ceases to be active when the case is dismissed prior to a
2723	finding of probable cause and the board has not exercised its
2724	option to pursue the case or 10 days after the board makes a
2725	determination regarding probable cause. All information,
2726	records, and transcriptions regarding a complaint that has been
2727	determined to be legally sufficient to state a claim within the
2728	jurisdiction of the board become available to the public when
2729	the investigation ceases to be active, except information that
2730	is otherwise confidential or exempt from s. 119.07(1). However,
2731	in response to an inquiry about the licensure status of an
2732	individual, the management corporation shall disclose the
2733	existence of an active investigation if the nature of the
2734	violation under investigation involves the potential for
2735	substantial physical or financial harm to the public. The board
2736	shall designate by rule those violations that involve the
2737	potential for substantial physical or financial harm. The
2738	department and the board shall have access to all records of the
2739	management corporation, as necessary to exercise their authority
2740	to approve and supervise the contract.
2741	Section 86.  Subsection (5) of section 472.0131, Florida
2742	Statutes, is amended to read:
2743	472.0131  Examinations; development; administration.-
2744	(5)  Meetings and records of meetings of any member of the
2745	department or of the board held for the exclusive purpose of
2746	creating or reviewing licensure examination questions or
2747	proposed examination questions are confidential and exempt from
2748	ss. 119.07(1) and 119.13(1) 286.011. However, this exemption
2749	does not affect the right of any person to review an examination
2750	as provided in subsection (3).
2751	Section 87.  Subsection (1) of section 472.02011, Florida
2752	Statutes, is amended to read:
2753	472.02011  Disclosure of confidential information.-
2754	(1)  An officer, employee, or person under contract with
2755	the department or the board, or any subject of an investigation
2756	may not convey knowledge or information to any person who is not
2757	lawfully entitled to such knowledge or information about any
2758	public meeting or public record, which at the time such
2759	knowledge or information is conveyed is exempt from the
2760	provisions of s. 119.01, s. 119.07(1), or s. 119.13(1) 286.011.
2761	Section 88.  Subsection (4) of section 472.033, Florida
2762	Statutes, is amended to read:
2763	472.033  Disciplinary proceedings.-Disciplinary proceedings
2764	for the board shall be within the jurisdiction of the
2765	department.
2766	(4)  The determination as to whether probable cause exists
2767	shall be made by majority vote of a probable cause panel of the
2768	board, or by the department, as appropriate. The board shall
2769	provide by rule that the determination of probable cause shall
2770	be made by a panel of its members or by the department. The
2771	board may provide by rule for multiple probable cause panels
2772	composed of at least two members. The board may provide by rule
2773	that one or more members of the panel or panels may be a former
2774	board member. The length of term or repetition of service of any
2775	such former board member on a probable cause panel may vary
2776	according to the direction of the board when authorized by board
2777	rule. Any probable cause panel must include one of the board's
2778	former or present consumer members, if one is available, willing
2779	to serve, and is authorized to do so by the board chair. Any
2780	probable cause panel must include a present board member. Any
2781	probable cause panel must include a former or present
2782	professional board member. However, any former professional
2783	board member serving on the probable cause panel must hold an
2784	active valid license for that profession. All proceedings of the
2785	panel are exempt from s. 119.13(1) 286.011 until 10 days after
2786	probable cause has been found to exist by the panel or until the
2787	subject of the investigation waives his or her privilege of
2788	confidentiality. The probable cause panel may make a reasonable
2789	request, and upon such request the department shall provide such
2790	additional investigative information as is necessary to the
2791	determination of probable cause. A request for additional
2792	investigative information shall be made within 15 days from the
2793	date of receipt by the probable cause panel of the investigative
2794	report of the department. The probable cause panel or the
2795	department, as may be appropriate, shall make its determination
2796	of probable cause within 30 days after receipt by it of the
2797	final investigative report of the department. The commissioner
2798	or the commissioner's designee may grant extensions of the 15-
2799	day and the 30-day time limits. In lieu of a finding of probable
2800	cause, the probable cause panel may issue a letter of guidance
2801	to the subject. If, within the 30-day time limit, as may be
2802	extended, the probable cause panel does not make a determination
2803	regarding the existence of probable cause or does not issue a
2804	letter of guidance in lieu of a finding of probable cause, the
2805	department, for disciplinary cases under its jurisdiction, must
2806	make a determination regarding the existence of probable cause
2807	within 10 days after the expiration of the time limit. If the
2808	probable cause panel finds that probable cause exists, it shall
2809	direct the department to file a formal complaint against the
2810	licensee. The department shall follow the directions of the
2811	probable cause panel regarding the filing of a formal complaint.
2812	If directed to do so, the department shall file a formal
2813	complaint against the subject of the investigation and prosecute
2814	that complaint pursuant to chapter 120. However, the department
2815	may decide not to prosecute the complaint if it finds that
2816	probable cause had been improvidently found by the panel. In
2817	such cases, the department shall refer the matter to the board.
2818	The board may then file a formal complaint and prosecute the
2819	complaint pursuant to chapter 120. The department shall also
2820	refer to the board any investigation or disciplinary proceeding
2821	not before the Division of Administrative Hearings pursuant to
2822	chapter 120 or otherwise completed by the department within 1
2823	year after the filing of a complaint. The department, for
2824	disciplinary cases under its jurisdiction, must establish a
2825	uniform reporting system to quarterly refer to the board the
2826	status of any investigation or disciplinary proceeding that is
2827	not before the Division of Administrative Hearings or otherwise
2828	completed by the department within 1 year after the filing of
2829	the complaint. All proceedings of the probable cause panel are
2830	exempt from s. 120.525.
2831	Section 89.  Subsection (1) and paragraph (a) of subsection
2832	(2) of section 497.172, Florida Statutes, are amended to read:
2833	497.172  Public records exemptions; public meetings
2834	exemptions.-
2835	(1)  EXAMINATION DEVELOPMENT MEETINGS.-Those portions of
2836	meetings of the board at which licensure examination questions
2837	or answers under this chapter are discussed are exempt from s.
2838	119.13(1) 286.011 and s. 24(b), Art. I of the State
2839	Constitution.
2840	(2)  PROBABLE CAUSE PANEL.-
2841	(a)  Meetings of the probable cause panel of the board,
2842	pursuant to s. 497.153, are exempt from s. 119.13(1) 286.011 and
2843	s. 24(b), Art. I of the State Constitution.
2844	Section 90.  Subsection (2) of section 624.40851, Florida
2845	Statutes, is amended to read:
2846	624.40851  Confidentiality of risk-based capital
2847	information.-
2848	(2)  Hearings conducted pursuant to s. 624.4085 relating to
2849	the office's actions regarding any insurer's risk-based capital
2850	plan, revised risk-based capital plan, risk-based capital
2851	report, or adjusted risk-based capital report, are exempt from
2852	s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
2853	Constitution, except as otherwise provided in this section. Such
2854	hearings shall be recorded by a court reporter. The office shall
2855	open such hearings or provide a copy of the transcript of such
2856	hearings or information otherwise made confidential and exempt
2857	pursuant to this section to a department, agency, or
2858	instrumentality of this or another state or of the United States
2859	if the office determines the disclosure is necessary or proper
2860	for the enforcement of the laws of the United States or of this
2861	or another state.
2862	Section 91.  Subsection (1) of section 624.82, Florida
2863	Statutes, is amended to read:
2864	624.82  Confidentiality of certain proceedings and
2865	records.-
2866	(1)  Orders, notices, correspondence, reports, records, and
2867	other information in the possession of the office relating to
2868	the supervision of any insurer are confidential and exempt from
2869	the provisions of s. 119.07(1), except as otherwise provided in
2870	this section. Proceedings and hearings relating to the office's
2871	supervision of any insurer are exempt from the provisions of s.
2872	119.13(1) 286.011, except as otherwise provided in this section.
2873	Section 92.  Section 624.86, Florida Statutes, is amended
2874	to read:
2875	624.86  Other laws; conflicts; meetings between the office
2876	and the supervisor.-During the period of administrative
2877	supervision, the office may meet with a supervisor appointed
2878	under this part and with the attorney or other representative of
2879	the supervisor and such meetings are exempt from the provisions
2880	of s. 119.13(1) 286.011.
2881	Section 93.  Paragraph (f) of subsection (3) of section
2882	627.0628, Florida Statutes, is amended to read:
2883	627.0628  Florida Commission on Hurricane Loss Projection
2884	Methodology; public records exemption; public meetings
2885	exemption.-
2886	(3)  ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.-
2887	(f)1.  A trade secret, as defined in s. 812.081, that is
2888	used in designing and constructing a hurricane loss model and
2889	that is provided pursuant to this section, by a private company,
2890	to the commission, office, or consumer advocate appointed
2891	pursuant to s. 627.0613, is confidential and exempt from s.
2892	119.07(1) and s. 24(a), Art. I of the State Constitution.
2893	2.  That portion of a meeting of the commission or of a
2894	rate proceeding on an insurer's rate filing at which a trade
2895	secret made confidential and exempt by this paragraph is
2896	discussed is exempt from s. 119.13(1) 286.011 and s. 24(b), Art.
2897	I of the State Constitution.
2898	3.  This paragraph is subject to the Open Government Sunset
2899	Review Act in accordance with s. 119.15, and shall stand
2900	repealed on October 2, 2010, unless reviewed and saved from
2901	repeal through reenactment by the Legislature.
2902	Section 94.  Subsection (6) of section 627.091, Florida
2903	Statutes, is amended to read:
2904	627.091  Rate filings; workers' compensation and employer's
2905	liability insurances.-
2906	(6)  Whenever the committee of a recognized rating
2907	organization with responsibility for workers' compensation and
2908	employer's liability insurance rates in this state meets to
2909	discuss the necessity for, or a request for, Florida rate
2910	increases or decreases, the determination of Florida rates, the
2911	rates to be requested, and any other matters pertaining
2912	specifically and directly to such Florida rates, such meetings
2913	shall be held in this state and shall be subject to s. 119.13(1)
2914	286.011. The committee of such a rating organization shall
2915	provide at least 3 weeks' prior notice of such meetings to the
2916	office and shall provide at least 14 days' prior notice of such
2917	meetings to the public by publication in the Florida
2918	Administrative Weekly.
2919	Section 95.  Section 627.093, Florida Statutes, is amended
2920	to read:
2921	627.093  Application of s. 119.13(1) 286.011 to workers'
2922	compensation and employer's liability insurances.-Section
2923	119.13(1) 286.011 shall be applicable to every rate filing,
2924	approval or disapproval of filing, rating deviation from filing,
2925	or appeal from any of these regarding workers' compensation and
2926	employer's liability insurances.
2927	Section 96.  Paragraph (b) of subsection (4) of section
2928	627.311, Florida Statutes, is amended to read:
2929	627.311  Joint underwriters and joint reinsurers; public
2930	records and public meetings exemptions.-
2931	(4)  The Florida Automobile Joint Underwriting Association:
2932	(b)  Shall keep portions of association meetings during
2933	which confidential and exempt underwriting files or confidential
2934	and exempt claims files are discussed exempt from the provisions
2935	of s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
2936	Constitution. All closed portions of association meetings shall
2937	be recorded by a court reporter. The court reporter shall record
2938	the times of commencement and termination of the meeting, all
2939	discussion and proceedings, the names of all persons present at
2940	any time, and the names of all persons speaking. No portion of
2941	any closed meeting shall be off the record. Subject to the
2942	provisions of this paragraph and s. 119.07(1)(d)-(f), the court
2943	reporter's notes of any closed meeting shall be retained by the
2944	association for a minimum of 5 years. A copy of the transcript,
2945	less any confidential and exempt information, of any closed
2946	meeting during which confidential and exempt claims files are
2947	discussed shall become public as to individual claims files
2948	after settlement of that claim.
2949	Section 97.  Paragraph (a) of subsection (4) of section
2950	627.3121, Florida Statutes, is amended to read:
2951	627.3121  Public records and public meetings exemptions.-
2952	(4)(a)  That portion of a meeting of the association's
2953	board of governors, or any subcommittee of the association's
2954	board, at which records made confidential and exempt by this
2955	section are discussed is exempt from s. 119.13(1) 286.011 and s.
2956	24(b), Art. I of the State Constitution.
2957	Section 98.  Paragraph (x) of subsection (6) of section
2958	627.351, Florida Statutes, is amended to read:
2959	627.351  Insurance risk apportionment plans.-
2960	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.-
2961	(x)1.  The following records of the corporation are
2962	confidential and exempt from the provisions of s. 119.07(1) and
2963	s. 24(a), Art. I of the State Constitution:
2964	a.  Underwriting files, except that a policyholder or an
2965	applicant shall have access to his or her own underwriting
2966	files. Confidential and exempt underwriting file records may
2967	also be released to other governmental agencies upon written
2968	request and demonstration of need; such records held by the
2969	receiving agency remain confidential and exempt as provided
2970	herein.
2971	b.  Claims files, until termination of all litigation and
2972	settlement of all claims arising out of the same incident,
2973	although portions of the claims files may remain exempt, as
2974	otherwise provided by law. Confidential and exempt claims file
2975	records may be released to other governmental agencies upon
2976	written request and demonstration of need; such records held by
2977	the receiving agency remain confidential and exempt as provided
2978	herein.
2979	c.  Records obtained or generated by an internal auditor
2980	pursuant to a routine audit, until the audit is completed, or if
2981	the audit is conducted as part of an investigation, until the
2982	investigation is closed or ceases to be active. An investigation
2983	is considered "active" while the investigation is being
2984	conducted with a reasonable, good faith belief that it could
2985	lead to the filing of administrative, civil, or criminal
2986	proceedings.
2987	d.  Matters reasonably encompassed in privileged attorney-
2988	client communications.
2989	e.  Proprietary information licensed to the corporation
2990	under contract and the contract provides for the confidentiality
2991	of such proprietary information.
2992	f.  All information relating to the medical condition or
2993	medical status of a corporation employee which is not relevant
2994	to the employee's capacity to perform his or her duties, except
2995	as otherwise provided in this paragraph. Information that is
2996	exempt shall include, but is not limited to, information
2997	relating to workers' compensation, insurance benefits, and
2998	retirement or disability benefits.
2999	g.  Upon an employee's entrance into the employee
3000	assistance program, a program to assist any employee who has a
3001	behavioral or medical disorder, substance abuse problem, or
3002	emotional difficulty which affects the employee's job
3003	performance, all records relative to that participation shall be
3004	confidential and exempt from the provisions of s. 119.07(1) and
3005	s. 24(a), Art. I of the State Constitution, except as otherwise
3006	provided in s. 112.0455(11).
3007	h.  Information relating to negotiations for financing,
3008	reinsurance, depopulation, or contractual services, until the
3009	conclusion of the negotiations.
3010	i.  Minutes of closed meetings regarding underwriting
3011	files, and minutes of closed meetings regarding an open claims
3012	file until termination of all litigation and settlement of all
3013	claims with regard to that claim, except that information
3014	otherwise confidential or exempt by law shall be redacted.
3015	2.  If an authorized insurer is considering underwriting a
3016	risk insured by the corporation, relevant underwriting files and
3017	confidential claims files may be released to the insurer
3018	provided the insurer agrees in writing, notarized and under
3019	oath, to maintain the confidentiality of such files. If a file
3020	is transferred to an insurer, that file is no longer a public
3021	record because it is not held by an agency subject to the
3022	provisions of the public records law. Underwriting files and
3023	confidential claims files may also be released to staff and the
3024	board of governors of the market assistance plan established
3025	pursuant to s. 627.3515, who must retain the confidentiality of
3026	such files, except such files may be released to authorized
3027	insurers that are considering assuming the risks to which the
3028	files apply, provided the insurer agrees in writing, notarized
3029	and under oath, to maintain the confidentiality of such files.
3030	Finally, the corporation or the board or staff of the market
3031	assistance plan may make the following information obtained from
3032	underwriting files and confidential claims files available to
3033	licensed general lines insurance agents: name, address, and
3034	telephone number of the residential property owner or insured;
3035	location of the risk; rating information; loss history; and
3036	policy type. The receiving licensed general lines insurance
3037	agent must retain the confidentiality of the information
3038	received.
3039	3.  A policyholder who has filed suit against the
3040	corporation has the right to discover the contents of his or her
3041	own claims file to the same extent that discovery of such
3042	contents would be available from a private insurer in litigation
3043	as provided by the Florida Rules of Civil Procedure, the Florida
3044	Evidence Code, and other applicable law. Pursuant to subpoena, a
3045	third party has the right to discover the contents of an
3046	insured's or applicant's underwriting or claims file to the same
3047	extent that discovery of such contents would be available from a
3048	private insurer by subpoena as provided by the Florida Rules of
3049	Civil Procedure, the Florida Evidence Code, and other applicable
3050	law, and subject to any confidentiality protections requested by
3051	the corporation and agreed to by the seeking party or ordered by
3052	the court. The corporation may release confidential underwriting
3053	and claims file contents and information as it deems necessary
3054	and appropriate to underwrite or service insurance policies and
3055	claims, subject to any confidentiality protections deemed
3056	necessary and appropriate by the corporation.
3057	4.  Portions of meetings of the corporation are exempt from
3058	the provisions of s. 119.13(1) 286.011 and s. 24(b), Art. I of
3059	the State Constitution wherein confidential underwriting files
3060	or confidential open claims files are discussed. All portions of
3061	corporation meetings which are closed to the public shall be
3062	recorded by a court reporter. The court reporter shall record
3063	the times of commencement and termination of the meeting, all
3064	discussion and proceedings, the names of all persons present at
3065	any time, and the names of all persons speaking. No portion of
3066	any closed meeting shall be off the record. Subject to the
3067	provisions hereof and s. 119.07(1)(d)-(f), the court reporter's
3068	notes of any closed meeting shall be retained by the corporation
3069	for a minimum of 5 years. A copy of the transcript, less any
3070	exempt matters, of any closed meeting wherein claims are
3071	discussed shall become public as to individual claims after
3072	settlement of the claim.
3073	Section 99.  Paragraph (f) of subsection (2) of section
3074	627.6488, Florida Statutes, is amended to read:
3075	627.6488  Florida Comprehensive Health Association.-
3076	(2)
3077	(f)  Meetings of the board are subject to s. 119.13(1)
3078	286.011.
3079	Section 100.  Section 631.724, Florida Statutes, is amended
3080	to read:
3081	631.724  Records and meetings of association.-Records shall
3082	be kept of all negotiations and meetings in which the
3083	association or its representatives discuss the activities of the
3084	association in carrying out its powers and duties under s.
3085	631.717. Such negotiations or meetings are exempt from the
3086	provisions of s. 119.13(1) 286.011, and any records of such
3087	negotiations or meetings are confidential and exempt from the
3088	provisions of s. 119.07(1) until the termination of a
3089	delinquency proceeding. Nothing in this section shall limit the
3090	duty of the association to render a report of its activities
3091	under s. 631.725.
3092	Section 101.  Section 631.932, Florida Statutes, is amended
3093	to read:
3094	631.932  Negotiations; public meetings and records
3095	exemptions.-Negotiations held between an insurer and the Florida
3096	Workers' Compensation Insurance Guaranty Association are exempt
3097	from the provisions of s. 119.13(1) 286.011 and s. 24(b), Art. I
3098	of the State Constitution. Documents related to such
3099	negotiations that reveal identifiable payroll and loss and
3100	individual claim information are confidential and exempt from
3101	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
3102	Constitution.
3103	Section 102.  Subsection (5) of section 633.175, Florida
3104	Statutes, is amended to read:
3105	633.175  Investigation of fraudulent insurance claims and
3106	crimes; immunity of insurance companies supplying information.-
3107	(5)  At such time as the release of the investigative
3108	records is required by law, the official or agency in possession
3109	of such records shall provide written notice to the insurance
3110	company providing the information and to all parties, at least
3111	10 days prior to releasing such records. Official, departmental,
3112	or agency personnel may discuss such matters with other
3113	official, departmental, or agency personnel, and any insurance
3114	company complying with this section, and may share such
3115	information, if such discussion is necessary to enable the
3116	orderly and efficient conduct of the investigation. These
3117	discussions are confidential and exempt from the provisions of
3118	s. 119.13(1) 286.011.
3119	Section 103.  Section 641.68, Florida Statutes, is amended
3120	to read:
3121	641.68  District managed care ombudsman committee;
3122	exemption from public meeting requirements.-That portion of a
3123	committee meeting conducted by a district managed care ombudsman
3124	committee created under s. 641.65, where patient records and
3125	information identifying a complainant are discussed, is exempt
3126	from the provisions of s. 119.13(1) 286.011 and s. 24(b), Art. I
3127	of the State Constitution.
3128	Section 104.  Subsection (2) of section 641.75, Florida
3129	Statutes, is amended to read:
3130	641.75  Immunity from liability; limitation on testimony.-
3131	(2)  Except as otherwise provided by law, all other matters
3132	before the statewide committee or district committees shall be
3133	open to the public and subject to chapter 119 and s. 119.13(1)
3134	286.011.
3135	Section 105.  Section 655.0321, Florida Statutes, is
3136	amended to read:
3137	655.0321  Restricted access to certain hearings,
3138	proceedings, and related documents.-The office shall consider
3139	the public purposes specified in s. 119.14(4)(b) in determining
3140	whether the hearings and proceedings conducted pursuant to s.
3141	655.033 for the issuance of cease and desist orders and s.
3142	655.037 for the issuance of suspension or removal orders shall
3143	be closed and exempt from the provisions of s. 119.13(1)
3144	286.011, and whether related documents shall be confidential and
3145	exempt from the provisions of s. 119.07(1).
3146	Section 106.  Paragraph (d) of subsection (2) of section
3147	723.0611, Florida Statutes, is amended to read:
3148	723.0611  Florida Mobile Home Relocation Corporation.-
3149	(2)
3150	(d)  Meetings of the board of directors are subject to the
3151	provisions of s. 119.13(1) 286.011.
3152	Section 107.  Subsection (2) of section 741.3165, Florida
3153	Statutes, is amended to read:
3154	741.3165  Certain information exempt from disclosure.-
3155	(2)  Portions of meetings of any domestic violence fatality
3156	review team regarding domestic violence fatalities and their
3157	prevention, during which confidential or exempt information, the
3158	identity of the victim, or the identity of the children of the
3159	victim is discussed, are exempt from s. 119.13(1) 286.011 and s.
3160	24(b), Art. I of the State Constitution.
3161	Section 108.  Paragraph (c) of subsection (7) of section
3162	766.101, Florida Statutes, is amended to read:
3163	766.101  Medical review committee, immunity from
3164	liability.-
3165	(7)
3166	(c)  So as not to inhibit the willing and voluntary service
3167	of professional society members on medical review committees,
3168	the department shall use advisory reports from medical
3169	committees as background information only and shall prepare its
3170	own case using independently prepared evidence and supporting
3171	expert opinion for submission to the probable cause panel of a
3172	regulatory board formed under chapter 458 or chapter 459.
3173	Proceedings of medical review committees are exempt from the
3174	provisions of s. 119.13(1) 286.011 and s. 24(b), Art. I of the
3175	State Constitution, and any advisory reports provided to the
3176	department by such committees are confidential and exempt from
3177	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
3178	Constitution, regardless of whether probable cause is found. The
3179	medical review committee advisory reports and any records
3180	created by the medical review committee are not subject to
3181	discovery or introduction into evidence in any disciplinary
3182	proceeding against a licensee. Further, no person who
3183	voluntarily serves on a medical review committee or who
3184	investigates a complaint for the committee may be permitted or
3185	required to testify in any such disciplinary proceeding as to
3186	any evidence or other matters produced or presented during the
3187	proceedings of such committee or as to any findings,
3188	recommendations, evaluations, opinions, or other actions of such
3189	committee or any members thereof. However, nothing in this
3190	section shall be construed to mean that information, documents,
3191	or records otherwise available and obtained from original
3192	sources are immune from discovery or use in any such
3193	disciplinary proceeding merely because they were presented
3194	during proceedings of a peer review organization or committee.
3195	Members of medical review committees shall assist the department
3196	in identifying such original sources when possible.
3197	Section 109.  Paragraph (c) of subsection (16) of section
3198	768.28, Florida Statutes, is amended to read:
3199	768.28  Waiver of sovereign immunity in tort actions;
3200	recovery limits; limitation on attorney fees; statute of
3201	limitations; exclusions; indemnification; risk management
3202	programs.-
3203	(16)
3204	(c)  Portions of meetings and proceedings conducted
3205	pursuant to any risk management program administered by the
3206	state, its agencies, or its subdivisions, which relate solely to
3207	the evaluation of claims filed with the risk management program
3208	or which relate solely to offers of compromise of claims filed
3209	with the risk management program are exempt from the provisions
3210	of s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
3211	Constitution. Until termination of all litigation and settlement
3212	of all claims arising out of the same incident, persons privy to
3213	discussions pertinent to the evaluation of a filed claim shall
3214	not be subject to subpoena in any administrative or civil
3215	proceeding with regard to the content of those discussions.
3216	Section 110.  Paragraph (e) of subsection (1) of section
3217	910.005, Florida Statutes, is amended to read:
3218	910.005  State criminal jurisdiction.-
3219	(1)  A person is subject to prosecution in this state for
3220	an offense that she or he commits, while either within or
3221	outside the state, by her or his own conduct or that of another
3222	for which the person is legally accountable, if:
3223	(e)  The conduct constitutes a knowing violation of s.
3224	119.13(1) 286.011.
3225	Section 111.  Section 910.16, Florida Statutes, is amended
3226	to read:
3227	910.16  Venue; public meetings law violations.-Any knowing
3228	violation of s. 119.13(1) 286.011 occurring outside the state
3229	shall be prosecuted in the county in which the board or
3230	commission normally conducts its official business. Any knowing
3231	violation of s. 119.13(1) 286.011 occurring within the state may
3232	be prosecuted in the county in which the board or commission
3233	normally conducts its official business or, if the infraction
3234	occurred in another county, in that county.
3235	Section 112.  Paragraph (c) of subsection (3) of section
3236	921.0022, Florida Statutes, is amended to read:
3237	921.0022  Criminal Punishment Code; offense severity
3238	ranking chart.-
3239	(3)  OFFENSE SEVERITY RANKING CHART
3240	(c)  LEVEL 3
3241
	FloridaStatute FelonyDegree Description
3242
	119.20(4)119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
3243
	316.066(6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
3244
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
3245
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
3246
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
3247
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
3248
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
3249
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
3250
	327.35(2)(b) 3rd Felony BUI.
3251
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
3252
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
3253
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
3254
	379.2431(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
3255
	379.2431(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
3256
	400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
3257
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
3258
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
3259
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
3260
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
3261
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
3262
	697.08 3rd Equity skimming.
3263
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
3264
	796.05(1) 3rd Live on earnings of a prostitute.
3265
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
3266
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
3267
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
3268
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
3269
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
3270
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
3271
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
3272
	817.233 3rd Burning to defraud insurer.
3273
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
3274
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
3275
	817.236 3rd Filing a false motor vehicle insurance application.
3276
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
3277
	817.413(2) 3rd Sale of used goods as new.
3278
	817.505(4) 3rd Patient brokering.
3279
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
3280
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
3281
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
3282
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
3283
	843.19 3rd Injure, disable, or kill police dog or horse.
3284
	860.15(3) 3rd Overcharging for repairs and parts.
3285
	870.01(2) 3rd Riot; inciting or encouraging.
3286
	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
3287
	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
3288
	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
3289
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
3290
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
3291
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
3292
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
3293
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
3294
	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
3295
	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
3296
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
3297
	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
3298
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
3299
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
3300
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
3301
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
3302
3303	Section 113.  Paragraph (c) of subsection (9) of section
3304	943.031, Florida Statutes, is amended to read:
3305	943.031  Florida Violent Crime and Drug Control Council.-
3306	(9)  CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL MEETINGS
3307	AND RECORDS.-
3308	(c)1.  The Florida Violent Crime and Drug Control Council
3309	may close portions of meetings during which the council will
3310	hear or discuss active criminal investigative information or
3311	active criminal intelligence information, and such portions of
3312	meetings shall be exempt from the provisions of s. 119.13(1)
3313	286.011 and s. 24(b), Art. I of the State Constitution, provided
3314	that the following conditions are met:
3315	a.  The chair of the council shall advise the council at a
3316	public meeting that, in connection with the performance of a
3317	council duty, it is necessary that the council hear or discuss
3318	active criminal investigative information or active criminal
3319	intelligence information.
3320	b.  The chair's declaration of necessity for closure and
3321	the specific reasons for such necessity shall be stated in
3322	writing in a document that shall be a public record and shall be
3323	filed with the official records of the council.
3324	c.  The entire closed session shall be recorded. The
3325	recording shall include the times of commencement and
3326	termination of the closed session, all discussion and
3327	proceedings, and the names of all persons present. No portion of
3328	the session shall be off the record. Such recording shall be
3329	maintained by the council.
3330	2.  Only members of the council, Department of Law
3331	Enforcement staff supporting the council's function, and other
3332	persons whose presence has been authorized by the chair of the
3333	council shall be allowed to attend the exempted portions of the
3334	council meetings. The council shall assure that any closure of
3335	its meetings as authorized by this section is limited so that
3336	the general policy of this state in favor of public meetings is
3337	maintained.
3338	Section 114.  Paragraph (a) of subsection (1) of section
3339	943.0314, Florida Statutes, is amended to read:
3340	943.0314  Public records and public meetings exemptions;
3341	Domestic Security Oversight Council.-
3342	(1)(a)  That portion of a meeting of the Domestic Security
3343	Oversight Council at which the council will hear or discuss
3344	active criminal investigative information or active criminal
3345	intelligence information as defined in s. 119.011 is exempt from
3346	s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
3347	Constitution, if:
3348	1.  The chair of the council announces at a public meeting
3349	that, in connection with the performance of the council's
3350	duties, it is necessary that active criminal investigative
3351	information or active criminal intelligence information be
3352	discussed.
3353	2.  The chair declares the specific reasons that it is
3354	necessary to close the meeting, or portion thereof, in a
3355	document that is a public record and filed with the official
3356	records of the council.
3357	3.  The entire closed meeting is recorded. The recording
3358	must include the times of commencement and termination of the
3359	closed meeting or portion thereof, all discussion and
3360	proceedings, and the names of the persons present. No portion of
3361	the closed meeting shall be off the record. The recording shall
3362	be maintained by the council.
3363	Section 115.  Paragraph (a) of subsection (7) of section
3364	945.602, Florida Statutes, is amended to read:
3365	945.602  State of Florida Correctional Medical Authority;
3366	creation; members.-
3367	(7)(a)  Five members of the authority shall constitute a
3368	quorum, and the affirmative vote of a majority of the members
3369	present at a meeting of the authority shall be necessary for any
3370	action taken by the authority. No vacancy in the membership of
3371	the authority shall impair the right of a quorum to exercise all
3372	the rights and perform all the duties of the authority. Any
3373	action taken by the authority under this act may be authorized
3374	by resolution at any regular or special meeting, and each such
3375	resolution shall take effect immediately and need not be
3376	published or posted. All meetings of the authority shall be open
3377	to the public in accordance with s. 119.13(1) 286.011.
3378	Section 116.  Subsection (3) of section 945.6032, Florida
3379	Statutes, is amended to read:
3380	945.6032  Quality management program requirements.-
3381	(3)  The findings and recommendations of a medical review
3382	committee created by the authority or the department pursuant to
3383	s. 766.101 are confidential and exempt from the provisions of s.
3384	119.07(1) and s. 24(a), Art. I of the State Constitution, and
3385	any proceedings of the committee are exempt from the provisions
3386	of s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
3387	Constitution.
3388	Section 117.  Subsection (4) of section 951.26, Florida
3389	Statutes, is amended to read:
3390	951.26  Public safety coordinating councils.-
3391	(4)  All meetings of a public safety coordinating council,
3392	as well as its records, books, documents, and papers, are open
3393	and available to the public in accordance with ss. 119.07 and
3394	119.13(1) 286.011.
3395	Section 118.  Subsection (5) of section 985.8025, Florida
3396	Statutes, is amended to read:
3397	985.8025  State Council for Interstate Juvenile Offender
3398	Supervision.-
3399	(5)  The provisions of s. 24, Art. I of the State
3400	Constitution and of chapter 119 and s. 119.13(1) 286.011 apply
3401	to proceedings and records of the council. Minutes, including a
3402	record of all votes cast, must be maintained for all meetings.
3403	Section 119.  Subsection (5) of section 1000.39, Florida
3404	Statutes, is amended to read:
3405	1000.39  State council; Interstate Compact on Educational
3406	Opportunity for Military Children.-
3407	(5)  The provisions of s. 24, Art. I of the State
3408	Constitution and of chapter 119 and s. 119.13(1) 286.011 apply
3409	to proceedings and records of the council. Minutes, including a
3410	record of all votes cast, must be maintained for all meetings.
3411	Section 120.  Paragraph (b) of subsection (16) of section
3412	1002.33, Florida Statutes, is amended to read:
3413	1002.33  Charter schools.-
3414	(16)  EXEMPTION FROM STATUTES.-
3415	(b)  Additionally, a charter school shall be in compliance
3416	with the following statutes:
3417	1.  Section 119.13(1) 286.011, relating to public meetings
3418	and records, public inspection, and criminal and civil
3419	penalties.
3420	2.  Chapter 119, relating to public records.
3421	Section 121.  Paragraph (b) of subsection (1) of section
3422	1003.57, Florida Statutes, is amended to read:
3423	1003.57  Exceptional students instruction.-
3424	(1)
3425	(b)  A student may not be given special instruction or
3426	services as an exceptional student until after he or she has
3427	been properly evaluated, classified, and placed in the manner
3428	prescribed by rules of the State Board of Education. The parent
3429	of an exceptional student evaluated and placed or denied
3430	placement in a program of special education shall be notified of
3431	each such evaluation and placement or denial. Such notice shall
3432	contain a statement informing the parent that he or she is
3433	entitled to a due process hearing on the identification,
3434	evaluation, and placement, or lack thereof. Such hearings are
3435	exempt from ss. 120.569, 120.57, and 119.13(1) 286.011, except
3436	to the extent that the State Board of Education adopts rules
3437	establishing other procedures. Any records created as a result
3438	of such hearings are confidential and exempt from s. 119.07(1).
3439	The hearing must be conducted by an administrative law judge
3440	from the Division of Administrative Hearings pursuant to a
3441	contract between the Department of Education and the Division of
3442	Administrative Hearings. The decision of the administrative law
3443	judge is final, except that any party aggrieved by the finding
3444	and decision rendered by the administrative law judge has the
3445	right to bring a civil action in the state circuit court. In
3446	such an action, the court shall receive the records of the
3447	administrative hearing and shall hear additional evidence at the
3448	request of either party. In the alternative, in hearings
3449	conducted on behalf of a student who is identified as gifted,
3450	any party aggrieved by the finding and decision rendered by the
3451	administrative law judge has the right to request a review of
3452	the administrative law judge's order by the district court of
3453	appeal as provided in s. 120.68.
3454	Section 122.  Paragraph (b) of subsection (2) of section
3455	1003.62, Florida Statutes, is amended to read:
3456	1003.62  Academic performance-based charter school
3457	districts.-The State Board of Education may enter into a
3458	performance contract with district school boards as authorized
3459	in this section for the purpose of establishing them as academic
3460	performance-based charter school districts. The purpose of this
3461	section is to examine a new relationship between the State Board
3462	of Education and district school boards that will produce
3463	significant improvements in student achievement, while complying
3464	with constitutional and statutory requirements assigned to each
3465	entity.
3466	(2)  EXEMPTION FROM STATUTES AND RULES.-
3467	(b)  Additionally, an academic performance-based charter
3468	school district shall be in compliance with the following
3469	statutes:
3470	1.  Section 119.13(1) 286.011, relating to public meetings
3471	and records, public inspection, and criminal and civil
3472	penalties.
3473	2.  Those statutes pertaining to public records, including
3474	chapter 119.
3475	3.  Those statutes pertaining to financial disclosure by
3476	elected officials.
3477	4.  Those statutes pertaining to conflicts of interest by
3478	elected officials.
3479	Section 123.  Paragraph (a) of subsection (7) of section
3480	1003.63, Florida Statutes, is amended to read:
3481	1003.63  Deregulated public schools pilot program.-
3482	(7)  EXEMPTION FROM STATUTES.-
3483	(a)  A deregulated public school shall operate in
3484	accordance with its proposal and shall be exempt from all
3485	statutes of the Florida K-20 Education Code, except those
3486	pertaining to civil rights and student health, safety, and
3487	welfare, or as otherwise required by this section. A deregulated
3488	public school shall not be exempt from the following statutes:
3489	chapter 119, relating to public records; s. 119.13(1) 286.011,
3490	relating to public meetings and records, public inspection, and
3491	penalties; and chapters 1010 and 1011 if exemption would affect
3492	funding allocations or create inequity in public school funding.
3493	Section 124.  Paragraph (b) of subsection (8) of section
3494	1004.226, Florida Statutes, is amended to read:
3495	1004.226  The 21st Century Technology, Research, and
3496	Scholarship Enhancement Act.-
3497	(8)  EXEMPTIONS FROM PUBLIC RECORDS AND PUBLIC MEETINGS
3498	REQUIREMENTS; STATE UNIVERSITY RESEARCH COMMERCIALIZATION
3499	ASSISTANCE GRANT PROGRAM.-
3500	(b)1.  That portion of a meeting of the Florida Technology,
3501	Research, and Scholarship Board at which information is
3502	discussed that is confidential and exempt under subsection (1)
3503	is exempt from s. 119.13(1) 286.011 and s. 24(b), Art. I of the
3504	State Constitution.
3505	2.  Any records generated during that portion of an exempt
3506	meeting are confidential and exempt from s. 119.07(1) and s.
3507	24(a), Art. I of the State Constitution.
3508	Section 125.  Subsections (1), (3), and (5) of section
3509	1004.30, Florida Statutes, are amended to read:
3510	1004.30  University health services support organization;
3511	confidentiality of information.-
3512	(1)  All meetings of a governing board of a university
3513	health services support organization and all university health
3514	services support organization records shall be open and
3515	available to the public in accordance with s. 119.13(1) 286.011
3516	and s. 24(b), Art. I of the State Constitution and chapter 119
3517	and s. 24(a), Art. I of the State Constitution, respectively,
3518	unless made confidential or exempt by law. Records required by
3519	the Department of Financial Services or the Office of Insurance
3520	Regulation of the Financial Services Commission to discharge
3521	their duties shall be made available to the department upon
3522	request.
3523	(3)  Any portion of a governing board or peer review panel
3524	or committee meeting during which a confidential and exempt
3525	contract, document, record, marketing plan, or trade secret, as
3526	provided for in subsection (2), is discussed is exempt from the
3527	provisions of s. 119.13(1) 286.011 and s. 24(b), Art. I of the
3528	State Constitution.
3529	(5)  The exemptions from s. 119.07(1) and s. 24(a), Art. I
3530	of the State Constitution and s. 119.13(1) 286.011 and s. 24(b),
3531	Art. I of the State Constitution provided in this section do not
3532	apply if the governing board of a university health services
3533	support organization votes to lease, sell, or transfer all or
3534	any substantial part of the facilities or property of the
3535	university health services support organization to a nonpublic
3536	entity.
3537	Section 126.  Subsection (9) of section 1004.43, Florida
3538	Statutes, is amended to read:
3539	1004.43  H. Lee Moffitt Cancer Center and Research
3540	Institute.-There is established the H. Lee Moffitt Cancer Center
3541	and Research Institute at the University of South Florida.
3542	(9)  Meetings of the governing board of the not-for-profit
3543	corporation and meetings of the subsidiaries of the not-for-
3544	profit corporation at which the expenditure of dollars
3545	appropriated to the not-for-profit corporation by the state are
3546	discussed or reported must remain open to the public in
3547	accordance with s. 119.13(1) 286.011 and s. 24(b), Art. I of the
3548	State Constitution, unless made confidential or exempt by law.
3549	Other meetings of the governing board of the not-for-profit
3550	corporation and of the subsidiaries of the not-for-profit
3551	corporation are exempt from s. 119.13(1) 286.011 and s. 24(b),
3552	Art. I of the State Constitution.
3553	Section 127.  Paragraph (c) of subsection (2) of section
3554	1004.447, Florida Statutes, is amended to read:
3555	1004.447  Florida Institute for Human and Machine
3556	Cognition, Inc.-
3557	(2)  The corporation and any authorized and approved
3558	subsidiary:
3559	(c)  Is subject to the open records and meeting
3560	requirements of s. 24, Art. I of the State Constitution, chapter
3561	119, and s. 119.13(1) 286.011.
3562	Section 128.  Subsection (4) of section 1004.4472, Florida
3563	Statutes, is amended to read:
3564	1004.4472  Florida Institute for Human and Machine
3565	Cognition, Inc.; public records exemption; public meetings
3566	exemption.-
3567	(4)  That portion of a meeting of the corporation or a
3568	subsidiary at which information is presented or discussed which
3569	is confidential and exempt pursuant to subsection (2) is exempt
3570	from s. 119.13(1) 286.011 and s. 24(b), Art. I of the State
3571	Constitution.
3572	Section 129.  Paragraph (b) of subsection (6) of section
3573	1005.38, Florida Statutes, is amended to read:
3574	1005.38  Actions against a licensee and other penalties.-
3575	(6)  The commission may conduct disciplinary proceedings
3576	through an investigation of any suspected violation of this
3577	chapter or any rule of the commission, including a finding of
3578	probable cause and making reports to any law enforcement agency
3579	or regulatory agency.
3580	(b)1.  All investigatory records held by the commission in
3581	conjunction with an investigation conducted pursuant to this
3582	subsection, including minutes and findings of an exempt probable
3583	cause panel meeting convened in conjunction with such
3584	investigation, are exempt from s. 119.07(1) and s. 24(a), Art. I
3585	of the State Constitution for a period not to exceed 10 days
3586	after the panel makes a determination regarding probable cause.
3587	2.  Those portions of meetings of the probable cause panel
3588	at which records made exempt pursuant to subparagraph 1. are
3589	discussed are exempt from s. 119.13(1) 286.011 and s. 24(b),
3590	Art. I of the State Constitution.
3591	3.  This paragraph is subject to the Open Government Sunset
3592	Review Act in accordance with s. 119.15 and shall stand repealed
3593	on October 2, 2010, unless reviewed and saved from repeal
3594	through reenactment by the Legislature.
3595	Section 130.  Paragraph (a) of subsection (1) of section
3596	1006.07, Florida Statutes, is amended to read:
3597	1006.07  District school board duties relating to student
3598	discipline and school safety.-The district school board shall
3599	provide for the proper accounting for all students, for the
3600	attendance and control of students at school, and for proper
3601	attention to health, safety, and other matters relating to the
3602	welfare of students, including:
3603	(1)  CONTROL OF STUDENTS.-
3604	(a)  Adopt rules for the control, discipline, in-school
3605	suspension, suspension, and expulsion of students and decide all
3606	cases recommended for expulsion. Suspension hearings are
3607	exempted from the provisions of chapter 120. Expulsion hearings
3608	shall be governed by ss. 120.569 and 120.57(2) and are exempt
3609	from s. 119.13(1) 286.011. However, the student's parent must be
3610	given notice of the provisions of s. 119.13(1) 286.011 and may
3611	elect to have the hearing held in compliance with that section.
3612	The district school board may prohibit the use of corporal
3613	punishment, if the district school board adopts or has adopted a
3614	written program of alternative control or discipline.
3615	Section 131.  Subsection (2) of section 1013.14, Florida
3616	Statutes, is amended to read:
3617	1013.14  Proposed purchase of real property by a board;
3618	confidentiality of records; procedure.-
3619	(2)  Nothing in this section shall be interpreted as
3620	providing an exemption from, or an exception to, s. 119.13(1)
3621	286.011.
3622	Section 132.  Paragraph (b) of subsection (2) of section
3623	1013.15, Florida Statutes, is amended to read:
3624	1013.15  Lease, rental, and lease-purchase of educational
3625	facilities and sites.-
3626	(2)
3627	(b)  A board is authorized to lease-purchase educational
3628	facilities and sites as defined in s. 1013.01. The lease-
3629	purchase of educational facilities and sites shall be as
3630	required by s. 1013.37, shall be advertised for and receive
3631	competitive proposals and be awarded to the best proposer, and
3632	shall be funded using current or other funds specifically
3633	authorized by law to be used for such purpose.
3634	1.  A district school board, by itself, or through a
3635	direct-support organization formed pursuant to s. 1001.453 or
3636	nonprofit educational organization or a consortium of district
3637	school boards, may, in developing a lease-purchase of
3638	educational facilities and sites provide for separately
3639	advertising for and receiving competitive bids or proposals on
3640	the construction of facilities and the selection of financing to
3641	provide the lowest cost funding available, so long as the board
3642	determines that such process would best serve the public
3643	interest and the pledged revenues are limited to those
3644	authorized in s. 1011.71(2)(e).
3645	2.  All activities and information, including lists of
3646	individual participants, associated with agreements made
3647	pursuant to this section shall be subject to the provisions of
3648	chapter 119 and s. 119.13(1) 286.011.
3649	Section 133.  This act shall take effect July 1, 2010.

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