Bill Text: FL S1516 | 2023 | Regular Session | Introduced

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Bill Title: Accessibility of Governmental Records

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2023-05-05 - Died in Governmental Oversight and Accountability [S1516 Detail]

Download: Florida-2023-S1516-Introduced.html

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       Florida Senate - 2023                                    SB 1516
       
       
        
       By Senator Pizzo
       
       
       
       
       
       37-01503-23                                           20231516__
    1                        A bill to be entitled                      
    2         An act relating to the accessibility of governmental
    3         records; creating ss. 11.1431, 16.011, 17.051, and
    4         19.521, F.S.; defining the terms “governmental entity”
    5         and “record”; requiring governmental entities to make
    6         requested records available to members of the
    7         Legislature, the Attorney General, the Chief Financial
    8         Officer, or the Commissioner of Agriculture,
    9         respectively, within a specified timeframe upon the
   10         request of such person; prohibiting members of the
   11         Legislature, the Chief Financial Officer, and the
   12         Commissioner of Agriculture from receiving certain
   13         records during a specified period of time; requiring
   14         that members of the Legislature, the Attorney General,
   15         the Chief Financial Officer, and the Commissioner of
   16         Agriculture ensure that any exempt or confidential and
   17         exempt information in records so received remains
   18         exempt or confidential and exempt; providing penalties
   19         for noncompliance; requiring that members of the
   20         Legislature and such officers submit their requests to
   21         governmental entities in a specified format; providing
   22         for the sharing of such records; requiring
   23         governmental entities to waive all fees associated
   24         with providing such records when requests are properly
   25         made; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 11.1431, Florida Statutes, is created to
   30  read:
   31         11.1431 Access to governmental records.—
   32         (1) As used in this section, the term:
   33         (a) “Governmental entity” means the state including the
   34  executive and judicial branches of government, or any political
   35  subdivision of the state, including counties, municipalities,
   36  districts, authorities, boards, or commissions.
   37         (b) “Record” means all documents, papers, letters, maps,
   38  books, tapes, photographs, films, sound recordings, or other
   39  material, regardless of physical form or characteristics, made
   40  or received pursuant to law or ordinance or in connection with
   41  the transaction of official business by a governmental entity.
   42         (2)(a) If a member of the Legislature requests a record
   43  from a governmental entity, the governmental entity must make
   44  the record available without redactions to the member within 7
   45  days after receiving a request made pursuant to subsection (3).
   46         (b) A member may not receive records from a law enforcement
   47  agency during the period in which the information constitutes
   48  active criminal intelligence information or active criminal
   49  investigative information.
   50         (c) If a member receives any exempt or confidential and
   51  exempt information in a record, the member must ensure that the
   52  information remains exempt or confidential and exempt. A member
   53  who does not comply with the requirements of this paragraph is
   54  subject to any penalty imposed by rule of the member’s chamber
   55  for the improper disclosure of public records and the penalties
   56  imposed in s. 119.10.
   57         (3) To request a record from a governmental entity, a
   58  member of the Legislature must submit a request in substantially
   59  the following form:
   60  
   61                        RECORDS REQUEST FORM                       
   62  
   63         I, ...(name of the member)..., a duly elected member of the
   64  Legislature, in order to fulfill my duties and responsibilities
   65  as an officer of the state, request from ...(name of the
   66  governmental entity)... the following record(s): ...(An addendum
   67  may be attached to this form with as much information as the
   68  member can provide regarding the name of the record, when the
   69  record was created or received by the governmental entity, and
   70  any keywords or other search parameters for the governmental
   71  entity.)... I, ...(name of the member)..., swear or affirm that
   72  the record requested, once received, will remain with my office
   73  and, if the record contains information that is exempt or
   74  confidential and exempt, I will be personally responsible for
   75  ensuring that the information remains exempt or confidential and
   76  exempt.
   77         I UNDERSTAND THAT I MAY NOT SHARE OR OTHERWISE TRANSFER THE
   78  RECORD TO ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO,
   79  ANOTHER MEMBER, A MEMBER OF THE PRESS, OR ANY OTHER PERSON WHO
   80  DOES NOT HAVE THE EXPRESS WRITTEN AUTHORITY FROM THE
   81  GOVERNMENTAL ENTITY TO ACCESS SUCH RECORD. BY SIGNING BELOW, I
   82  AGREE TO ABIDE BY ALL RESTRICTIONS RELATED TO THE RECORDS I HAVE
   83  REQUESTED.
   84  
   85  ...(Signature of the member)...
   86  ...(Date signed)...
   87  ...(Date submitted)...
   88  
   89         (4) The records received pursuant to this section may be
   90  shared only with another member, provided that member submits
   91  the records request form provided in subsection (3) to the
   92  governmental entity and receives confirmation from the
   93  governmental entity of its receipt of the form.
   94         (5) The governmental entity shall waive all fees associated
   95  with providing any record to a member of the Legislature if a
   96  request is made pursuant to this section.
   97         Section 2. Section 16.011, Florida Statutes, is created to
   98  read:
   99         16.011 Access to governmental records.—
  100         (1) As used in this section, the term:
  101         (a) “Governmental entity” means the state, including the
  102  executive branch of government, or any political subdivision of
  103  the state, including counties, municipalities, districts,
  104  authorities, boards, or commissions. The term does not include
  105  the legislative or judicial branches of government.
  106         (b) “Record” means all documents, papers, letters, maps,
  107  books, tapes, photographs, films, sound recordings, or other
  108  material, regardless of physical form or characteristics, made
  109  or received pursuant to law or ordinance or in connection with
  110  the transaction of official business by a governmental entity.
  111         (2)(a) If the Attorney General requests a record from a
  112  governmental entity, the governmental entity must make the
  113  record available without redactions to him or her within 7 days
  114  after receiving a request made pursuant to subsection (3).
  115         (b) If the Attorney General receives any exempt or
  116  confidential and exempt information in a record, he or she shall
  117  ensure that the information remains exempt or confidential and
  118  exempt. Records received pursuant to this section may not be
  119  shared without written authorization from the governmental
  120  entity. If the Attorney General does not comply with the
  121  requirements of this paragraph he or she is subject to the
  122  penalties imposed in s. 119.10.
  123         (3) To request a record from a governmental entity, the
  124  Attorney General must submit a request in substantially the
  125  following form:
  126  
  127                        RECORDS REQUEST FORM                       
  128  
  129         I, ...(name)..., the Attorney General of Florida, in order
  130  to fulfill my duties and responsibilities as an officer of the
  131  state, request from ...(name of the governmental entity)... the
  132  following record(s): ...(An addendum may be attached to this
  133  form with as much information as the Attorney General can
  134  provide regarding the name of the record, when the record was
  135  created or received by the governmental entity, and any keywords
  136  or other search parameters for the governmental entity.)... I,
  137  ...(name)..., swear or affirm that the record requested, once
  138  received, will remain with my office and, if the record contains
  139  information that is exempt or confidential and exempt, I am
  140  personally responsible for ensuring that the information remains
  141  exempt or confidential and exempt.
  142         I UNDERSTAND THAT I MAY NOT SHARE OR OTHERWISE TRANSFER THE
  143  RECORD TO ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, A
  144  MEMBER OF THE PRESS OR ANY OTHER PERSON WHO DOES NOT HAVE THE
  145  EXPRESS WRITTEN AUTHORITY FROM THE GOVERNMENTAL ENTITY TO ACCESS
  146  SUCH RECORD. BY SIGNING BELOW, I AGREE TO ABIDE BY ALL
  147  RESTRICTIONS RELATED TO THE RECORDS I HAVE REQUESTED.
  148  
  149  ...(Signature)...
  150  ...(Date signed)...
  151  ...(Date submitted)...
  152  
  153         (4) The governmental entity shall waive all fees associated
  154  with providing any record to the Attorney General if a request
  155  is made pursuant to this section.
  156         Section 3. Section 17.051, Florida Statutes, is created to
  157  read:
  158         17.051 Access to governmental records.—
  159         (1) As used in this section, the term:
  160         (a) “Governmental entity” means the state, including the
  161  executive branch of government, or any political subdivision of
  162  the state, including counties, municipalities, districts,
  163  authorities, boards, or commissions. The term does not include
  164  the legislative or judicial branches of government.
  165         (b) “Record” means all documents, papers, letters, maps,
  166  books, tapes, photographs, films, sound recordings, or other
  167  material, regardless of physical form or characteristics, made
  168  or received pursuant to law or ordinance or in connection with
  169  the transaction of official business by a governmental entity.
  170         (2)(a) If the Chief Financial Officer requests a record
  171  from a governmental entity, the governmental entity must make
  172  the record available without redactions to him or her within 7
  173  days after receiving a request made pursuant to subsection (3).
  174         (b) The Chief Financial Officer may not receive records
  175  from a law enforcement agency during the period in which the
  176  information constitutes active criminal intelligence information
  177  or active criminal investigative information, unless the records
  178  relate to the official duties and responsibilities of the Chief
  179  Financial Officer.
  180         (c) If the Chief Financial Officer receives any exempt or
  181  confidential and exempt information in a record, he or she shall
  182  ensure that the information remains exempt or confidential and
  183  exempt. Records received pursuant to this section may not be
  184  shared without written authorization from the governmental
  185  entity. If the Chief Financial Officer does not comply with the
  186  requirements of this paragraph he or she is subject to the
  187  penalties imposed in s. 119.10.
  188         (3) To request a record from a governmental entity, the
  189  Chief Financial Officer must submit a request in substantially
  190  the following form:
  191  
  192                        RECORDS REQUEST FORM                       
  193  
  194         “I, ...(name)..., the Chief Financial Officer of Florida,
  195  in order to fulfill my duties and responsibilities as an officer
  196  of the state, request from ...(name of the governmental
  197  entity)... the following record(s): ...(An addendum may be
  198  attached to this form with as much information as the Chief
  199  Financial Officer can provide regarding the name of the record,
  200  when the record was created or received by the governmental
  201  entity, and any keywords or other search parameters for the
  202  governmental entity.)... I, ...(name)..., swear or affirm that
  203  the records requested, once received, will remain with my office
  204  and, if the record contains information that is exempt or
  205  confidential and exempt, I am personally responsible for
  206  ensuring that the information remains exempt or confidential and
  207  exempt.
  208         I UNDERSTAND THAT I MAY NOT SHARE OR OTHERWISE TRANSFER THE
  209  RECORD TO ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, A
  210  MEMBER OF THE PRESS OR ANY OTHER PERSON WHO DOES NOT HAVE THE
  211  EXPRESS WRITTEN AUTHORITY FROM THE GOVERNMENTAL ENTITY TO ACCESS
  212  SUCH RECORD. BY SIGNING BELOW, I AGREE TO ABIDE BY ALL
  213  RESTRICTIONS RELATED TO THE RECORDS I HAVE REQUESTED.
  214  
  215  ...(Signature)...
  216  ...(Date signed)...
  217  ...(Date submitted)...
  218  
  219         (4) The governmental entity shall waive all fees associated
  220  with providing any record to the Chief Financial Officer if a
  221  request is made pursuant to this section.
  222         Section 4. Section 19.521, Florida Statutes, is created to
  223  read:
  224         19.521 Access to governmental records.—
  225         (1) As used in this section, the term:
  226         (a) “Governmental entity” means the state, including the
  227  executive branch of government, or any political subdivision of
  228  the state, including counties, municipalities, districts,
  229  authorities, boards, or commissions. The term does not include
  230  the legislative or judicial branches of government.
  231         (b) “Record” means all documents, papers, letters, maps,
  232  books, tapes, photographs, films, sound recordings, or other
  233  material, regardless of physical form or characteristics, made
  234  or received pursuant to law or ordinance or in connection with
  235  the transaction of official business by a governmental entity.
  236         (2)(a) If the Commissioner of Agriculture requests a record
  237  from a governmental entity, the governmental entity must make
  238  the record available without redactions to him or her within 7
  239  days after receiving a request made pursuant to subsection (3).
  240         (b) The Commissioner of Agriculture may not receive records
  241  from a law enforcement agency during the period in which the
  242  information constitutes active criminal intelligence information
  243  or active criminal investigative information.
  244         (c) If the Commissioner of Agriculture receives any exempt
  245  or confidential and exempt information in a record, he or she
  246  must ensure that the information remains exempt or confidential
  247  and exempt. Records received pursuant to this section may not be
  248  shared without written authorization from the governmental
  249  entity. If the Commissioner of Agriculture does not comply with
  250  the requirements of this paragraph he or she is subject to the
  251  penalties imposed in s. 119.10.
  252         (3) To request a record from a governmental entity, the
  253  Commissioner of Agriculture must submit a request in
  254  substantially the following form:
  255  
  256                        RECORDS REQUEST FORM                       
  257  
  258         “I, ...(name)..., the Commissioner of Agriculture of
  259  Florida, in order to fulfill my duties and responsibilities as
  260  an officer of the state, request from ...(name of the
  261  governmental entity)... the following record(s): ...(An addendum
  262  may be attached to this form with as much information as the
  263  Commissioner of Agriculture can provide regarding the name of
  264  the record, when the record was created or received by the
  265  governmental entity, and any keywords or other search parameters
  266  for the governmental entity.)... I, ...(name)..., swear or
  267  affirm that the record requested, once received, will remain
  268  with my office and, if the record contains information that is
  269  exempt or confidential and exempt, I am personally responsible
  270  for ensuring that the information remains exempt or confidential
  271  and exempt.
  272         I UNDERSTAND THAT I MAY NOT SHARE OR OTHERWISE TRANSFER THE
  273  RECORD TO ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, A
  274  MEMBER OF THE PRESS OR ANY OTHER PERSON WHO DOES NOT HAVE THE
  275  EXPRESS WRITTEN AUTHORITY FROM THE GOVERNMENTAL ENTITY TO ACCESS
  276  SUCH RECORD. BY SIGNING BELOW, I AGREE TO ABIDE BY ALL
  277  RESTRICTIONS RELATED TO THE RECORDS I HAVE REQUESTED.
  278  
  279  ...(Signature)...
  280  ...(Date signed)...
  281  ...(Date submitted)...
  282  
  283         (4) The governmental entity shall waive all fees associated
  284  with providing any record to the Commissioner of Agriculture if
  285  a request is made pursuant to this section.
  286         Section 5. This act shall take effect July 1, 2023.