| 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 |
|
| | | Florida Statute | Felony Degree | 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. |
