Bill Text: FL S1598 | 2010 | Regular Session | Comm Sub

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Bill Title: Public Records and Public Meetings [EPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Policy & Steering Committee on Ways and Means [S1598 Detail]

Download: Florida-2010-S1598-Comm_Sub.html

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Florida Senate - 2010               CS for CS for CS for SB 1598 
 
By the Committees on Governmental Oversight and Accountability; 
Judiciary; and Community Affairs; and Senators Dockery and Crist 
585-04253-10                                          20101598c3 
1                        A bill to be entitled 
2         An act relating to public records and public meetings; 
3         creating s. 119.001, F.S.; creating the “Sunshine in 
4         Government Act”; creating s. 119.002, F.S.; requiring 
5         all elected and appointed public officials to undergo 
6         education and training on the requirements of the 
7         Sunshine in Government Act; creating s. 119.003, F.S.; 
8         defining terms; amending s. 119.01, F.S.; requiring 
9         that an agency consider a recordkeeping system’s 
10         capabilities of redacting exempt or confidential 
11         information when designing, acquiring, or upgrading 
12         such a system; amending s. 119.07, F.S.; conforming a 
13         cross-reference; requiring that the custodian of a 
14         public record furnish a copy or certified copy of the 
15         record to the person requesting the record after 
16         payment of a designated fee; providing that if the 
17         nature or volume of the public record requested to be 
18         inspected or copied requires more than 30 minutes of 
19         agency resources, the agency may charge a fee for the 
20         agency resources incurred; providing for payment of 
21         the actual cost to duplicate a public record stored in 
22         an electronic format; authorizing an agency to charge 
23         a fee for converting a record into an electronic 
24         format; limiting the clerical cost of duplication of a 
25         record to the base hourly rate of the lowest paid 
26         personnel capable of providing such clerical or 
27         supervisory assistance; authorizing an agency to 
28         reduce or waive a fee pursuant to consistent policies; 
29         prohibiting an agency from charging a fee for the 
30         costs associated with redacting information from the 
31         record which the agency maintains is not subject to 
32         public-records requirements; amending s. 119.071, 
33         F.S.; removing the definitions for the terms “security 
34         system plan,” “commercial activity,” and “commercial 
35         entity”; creating s. 119.13, F.S.; directing the 
36         Division of Library and Information Services of the 
37         Department of State to adopt a rule to establish a 
38         model policy for providing public access to public 
39         records; amending s. 119.15, F.S.; providing that in 
40         the 10th year after reenactment of a statutory 
41         exemption, the exemption shall be repealed on October 
42         2nd of that year, unless the Legislature acts to 
43         reenact the exemption; creating s. 119.20, F.S.; 
44         providing that all meetings of any board or commission 
45         of any state agency or authority or of any agency or 
46         authority of any county, municipal corporation, or 
47         political subdivision at which official acts are to be 
48         taken are declared to be public meetings that are open 
49         to the public at all times; requiring that the minutes 
50         of a meeting of any board or commission or any state 
51         agency or authority be promptly recorded and open to 
52         the public; prohibiting a person or entity subject to 
53         the open-meetings requirements from holding meetings 
54         at any facility or location that discriminates on the 
55         basis of sex, age, race, creed, color, origin, or 
56         economic status or that operates in such a manner as 
57         to unreasonably restrict public access to such a 
58         facility; creating s. 119.201, F.S.; providing for 
59         certain specified exemptions from open-meetings 
60         requirements; setting forth the procedures by which 
61         the closed meeting must proceed; providing for future 
62         repeal of the exemption and review under the Open 
63         Government Sunset Review Act; creating s. 119.202, 
64         F.S.; prohibiting a member of a state, county, or 
65         municipal governmental board, commission, or agency 
66         who is present at a meeting at which an official 
67         decision, ruling, or other official act is to be taken 
68         or adopted from abstaining from voting in regard to 
69         any such decision; providing for procedures with 
70         respect to a possible conflict of interest of the 
71         member; creating s. 119.30, F.S.; providing penalties 
72         for violations of the Sunshine in Government Act; 
73         creating s. 119.31, F.S.; authorizing the circuit 
74         courts of this state to issue injunctions to enforce 
75         the act; authorizing any person to petition the court 
76         for an injunction; creating s. 119.32, F.S.; providing 
77         for attorney’s fees under certain circumstances; 
78         repealing ss. 119.011, 119.10, 119.12, 286.011, 
79         286.0113, and 286.012, F.S., relating to definitions, 
80         violations and penalties of public-records 
81         requirements, attorney’s fees, public meetings, 
82         general exemptions from public-meetings requirements, 
83         and voting requirements at meetings of governmental 
84         bodies, respectively; reenacting s. 27.02(2), F.S., 
85         relating to the duties of the state attorney before 
86         the circuit court; reenacting s. 119.01(2)(f), F.S., 
87         relating to state policy on public records; reenacting 
88         s. 119.0712(1)(d), F.S., relating to specific 
89         exemptions from inspection or copying of public 
90         records for executive branch agencies; reenacting s. 
91         119.084(2)(a), F.S., relating to the copyright of data 
92         processing software created by governmental agencies; 
93         reenacting s. 455.219(6), F.S., relating to licensure 
94         fees charged by professional boards; reenacting s. 
95         456.025(11), F.S., relating to costs of regulating 
96         health care professions and practitioners; reenacting 
97         ss. 458.3193(1)(c) and 459.0083(1)(c), F.S., relating 
98         to confidentiality of certain information contained in 
99         physician workforce surveys; reenacting s. 
100         472.011(16), F.S., relating to fees the surveyors and 
101         mappers board may charge for application, examination, 
102         reexamination, and licensing; reenacting s. 
103         1012.31(2)(e), F.S., relating to public school system 
104         employee personnel files, to incorporate the 
105         amendments made to s. 119.07, F.S., in references 
106         thereto; reenacting s. 17.076(5), F.S., relating to 
107         the direct deposit of funds for a person who is 
108         drawing a salary or retirement benefits from the 
109         state; reenacting s. 119.0714, F.S., relating to court 
110         files and court records; reenacting s. 1007.35(8)(b), 
111         F.S., relating to the Florida Partnership for Minority 
112         and Underrepresented Student Achievement Act, to 
113         incorporate the amendments made to s. 119.071, F.S., 
114         in references thereto; amending ss. 11.0431, 28.001, 
115         28.24, 73.0155, 97.0585, 112.3188, 163.61, 257.34, 
116         257.35, 281.301, 364.107, 382.0085, 383.402, 550.0251, 
117         607.0505, 617.0503, 636.064, 668.50, 668.6076, 
118         713.313, 787.03, 817.568, 817.569, 893.0551, 914.27, 
119         943.031, 943.0313, 943.0314, and 943.032, F.S.; 
120         conforming cross-references; providing an effective 
121         date. 
122 
123  Be It Enacted by the Legislature of the State of Florida: 
124 
125         Section 1. Section 119.001, Florida Statutes, is created to 
126  read: 
127         119.001 Short title.—This chapter may be cited as the 
128  “Sunshine in Government Act.” 
129         Section 2. Section 119.002, Florida Statutes, is created to 
130  read: 
131         119.002 Education and training.—All elected and appointed 
132  public officials must undergo education and training on the 
133  requirements of the Sunshine in Government Act. A violation of 
134  this section is not subject to the penalty provisions in s. 
135  119.30. 
136         Section 3. Section 119.003, Florida Statutes, is created to 
137  read: 
138         119.003 Definitions.—As used in this chapter, the term: 
139         (1) “Actual cost of duplication” means the cost of the 
140  material and supplies used to duplicate the public record but 
141  does not include labor cost or overhead associated with the 
142  duplication. 
143         (2) “Agency” means any state, county, district, authority, 
144  or municipal officer, department, division, board, bureau, 
145  commission, or other separate unit of government created or 
146  established by law, including, for the purposes of this chapter, 
147  the Commission on Ethics, the Public Service Commission, the 
148  Office of Public Counsel, and any other public or private 
149  agency, person, partnership, corporation, or business entity 
150  acting on behalf of any public agency. 
151         (3) “Agency resources” means the cost of clerical or 
152  supervisory assistance or agency information technology 
153  resources actually incurred by the agency in complying with a 
154  request for public records as authorized by s. 119.07(4). Costs 
155  for clerical or supervisory assistance must be charged at the 
156  base hourly rate of the lowest-paid personnel capable of 
157  providing the assistance. 
158         (4) “Any electronic medium stored, maintained, or used by 
159  an agency” means any electronic format that the agency can 
160  reasonably provide as part of the standard operation of its 
161  electronic recordkeeping system. 
162         (5) “Commercial activity” means the permissible uses set 
163  forth in the federal Driver’s Privacy Protection Act of 1994, 18 
164  U.S.C. ss. 2721 et seq.; the Fair Credit Reporting Act, 15 
165  U.S.C. ss. 1681 et seq.; or the Financial Services Modernization 
166  Act of 1999, 15 U.S.C. ss. 6801 et seq., or verification of the 
167  accuracy of personal information received by a commercial entity 
168  in the normal course of its business, including identification 
169  or prevention of fraud or matching, verifying, or retrieving 
170  information. The term does not include the display or bulk sale 
171  of social security numbers to the public or the distribution of 
172  such numbers to any customer that is not identifiable by the 
173  commercial entity. 
174         (6)� “Commercial entity” means any corporation, partnership, 
175  limited partnership, proprietorship, sole proprietorship, firm, 
176  enterprise, franchise, or association that performs a commercial 
177  activity in this state. 
178         (7)(a) “Criminal intelligence information” means 
179  information with respect to an identifiable person or group of 
180  persons collected by a criminal justice agency in an effort to 
181  anticipate, prevent, or monitor possible criminal activity. 
182         (b) “Criminal investigative information” means information 
183  with respect to an identifiable person or group of persons 
184  compiled by a criminal justice agency in the course of 
185  conducting a criminal investigation of a specific act or 
186  omission, including, but not limited to, information derived 
187  from laboratory tests, reports of investigators or informants, 
188  or any type of surveillance. 
189         (c) “Criminal intelligence information” and “criminal 
190  investigative information” does not include: 
191         1. The time, date, location, and nature of a reported 
192  crime. 
193         2. The name, gender, age, and address of a person arrested 
194  or of the victim of a crime, except as provided in s. 
195  119.071(2)(h). 
196         3. The time, date, and location of the incident and of the 
197  arrest. 
198         4. The crime charged. 
199         5. Documents given or required by law or agency rule to be 
200  given to the person arrested, except as provided in s. 
201  119.071(2)(h). However, the court in a criminal case may order 
202  that certain information required by law or agency rule to be 
203  given to the person arrested be maintained in a confidential 
204  manner and exempt from the provisions of s. 119.07(1) until 
205  released at trial if it is found that the release of such 
206  information would: 
207         a. Be defamatory to the good name of a victim or witness or 
208  would jeopardize the safety of such victim or witness; and 
209         b. Impair the ability of a state attorney to locate or 
210  prosecute a codefendant. 
211         6. Informations or indictments, except as provided in s. 
212  905.26. 
213         (d) “Active” is defined as follows: 
214         1. Criminal intelligence information shall be considered 
215  active as long as it is related to intelligence gathering 
216  conducted with a reasonable, good faith belief that it will lead 
217  to detection of ongoing or reasonably anticipated criminal 
218  activities. 
219         2. Criminal investigative information shall be considered 
220  active as long as it is related to an ongoing investigation that 
221  is continuing with a reasonable, good faith anticipation of 
222  securing an arrest or prosecution in the foreseeable future. 
223 
224  In addition, criminal intelligence and criminal investigative 
225  information shall be considered active while such information is 
226  directly related to pending prosecutions or appeals. The term 
227  “active” does not apply to information in cases that are barred 
228  from prosecution under the provisions of s. 775.15 or other 
229  statute of limitation. 
230         (8) “Criminal justice agency” means: 
231         (a) Any law enforcement agency, court, or prosecutor; 
232         (b) Any other agency charged by law with criminal law 
233  enforcement duties; 
234         (c) Any agency having custody of criminal intelligence 
235  information or criminal investigative information for the 
236  purpose of assisting law enforcement agencies in the conduct of 
237  active criminal investigations or prosecutions, or for the 
238  purpose of litigating civil actions under the Racketeer 
239  Influenced and Corrupt Organization Act, during the time that 
240  the agencies are in possession of criminal intelligence 
241  information or criminal investigative information pursuant to 
242  their criminal law enforcement duties; or 
243         (d) The Department of Corrections. 
244         (9) “Custodian of public records” means the elected or 
245  appointed state, county, or municipal officer charged with the 
246  responsibility of maintaining the office having public records, 
247  or his or her designee. 
248         (10) “Data processing software” means the programs and 
249  routines used to employ and control the capabilities of data 
250  processing hardware, including, but not limited to, operating 
251  systems, compilers, assemblers, utilities, library routines, 
252  maintenance routines, applications, and computer networking 
253  programs. 
254         (11) “Duplicated copies” means new copies produced by 
255  duplicating, as defined in s. 283.30. 
256         (12) “Exemption” means a provision of general law which 
257  provides that a specified record or meeting, or portion thereof, 
258  is not subject to the access requirements of s. 119.07(1), s. 
259  119.20, or s. 24, Art. I of the State Constitution. 
260         (13) “Information technology resources” means data 
261  processing hardware and software and services, communications, 
262  supplies, personnel, facility resources, maintenance, and 
263  training. 
264         (14) “Paratransit” has the same meaning as provided in s. 
265  427.011. 
266         (15) “Proprietary software” means data processing software 
267  that is protected by copyright or trade secret laws. 
268         (16) “Public records” means all documents, papers, letters, 
269  maps, books, tapes, photographs, films, sound recordings, data 
270  processing software, or other material, regardless of the 
271  physical form, characteristics, or means of transmission, made 
272  or received pursuant to law or ordinance or in connection with 
273  the transaction of official business by any agency. 
274         (17) “Redact” means to conceal from a copy of an original 
275  public record, or to conceal from an electronic image that is 
276  available for public viewing, that portion of the record 
277  containing exempt or confidential information. 
278         (18)� “Security system plan” means all: 
279         (a)� Records, information, photographs, audio and visual 
280  presentations, schematic diagrams, surveys, recommendations, or 
281  consultations or portions thereof relating directly to the 
282  physical security of the facility or revealing security systems; 
283         (b)� Threat assessments conducted by any agency or any 
284  private entity; 
285         (c)� Threat response plans; 
286         (d)� Emergency evacuation plans; 
287         (e)� Sheltering arrangements; or 
288         (f)� Manuals for security personnel, emergency equipment, or 
289  security training. 
290         (19) “Sensitive,” for purposes of defining agency-produced 
291  software, means only those portions of data processing software, 
292  including the specifications and documentation, which are used 
293  to: 
294         (a) Collect, process, store, and retrieve information that 
295  is exempt from s. 119.07(1); 
296         (b) Collect, process, store, and retrieve financial 
297  management information of the agency, such as payroll and 
298  accounting records; or 
299         (c) Control and direct access authorizations and security 
300  measures for automated systems. 
301         (20) “Trade secret” has the same meaning as provided in s. 
302  688.002. 
303         Section 4. Paragraph (b) of subsection (2) of section 
304  119.01, Florida Statutes, is amended to read: 
305         119.01 General state policy on public records.— 
306         (2) 
307         (b) When designing, or acquiring, or upgrading an 
308  electronic recordkeeping system, an agency must consider whether 
309  such system is capable of: 
310         1. Providing data in some common format such as, but not 
311  limited to, the American Standard Code for Information 
312  Interchange; and 
313         2. Redacting information that is exempt or confidential and 
314  exempt contained in the public records that are online or stored 
315  in such system. 
316         Section 5. Section 119.07, Florida Statutes, is amended to 
317  read 
318         119.07 Inspection and copying of records; photographing 
319  public records; fees; exemptions.— 
320         (1)(a) Every person who has custody of a public record 
321  shall permit the record to be inspected and copied by any person 
322  desiring to do so, at any reasonable time, under reasonable 
323  conditions, and under supervision by the custodian of the public 
324  records. 
325         (b) A custodian of public records or a person having 
326  custody of public records may designate another officer or 
327  employee of the agency to permit the inspection and copying of 
328  public records, but must disclose the identity of the designee 
329  to the person requesting to inspect or copy public records. 
330         (c) A custodian of public records and his or her designee 
331  must acknowledge requests to inspect or copy records promptly 
332  and respond to such requests in good faith. A good faith 
333  response includes making reasonable efforts to determine from 
334  other officers or employees within the agency whether such a 
335  record exists and, if so, the location at which the record can 
336  be accessed. 
337         (d) A person who has custody of a public record who asserts 
338  that an exemption applies to a part of such record shall redact 
339  that portion of the record to which an exemption has been 
340  asserted and validly applies, and such person shall produce the 
341  remainder of such record for inspection and copying. 
342         (e) If the person who has custody of a public record 
343  contends that all or part of the record is exempt from 
344  inspection and copying, he or she shall state the basis of the 
345  exemption that he or she contends is applicable to the record, 
346  including the statutory citation to an exemption created or 
347  afforded by statute. 
348         (f) If requested by the person seeking to inspect or copy 
349  the record, the custodian of public records shall state in 
350  writing and with particularity the reasons for the conclusion 
351  that the record is exempt or confidential. 
352         (g) In any civil action in which an exemption to this 
353  section is asserted, if the exemption is alleged to exist under 
354  or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or (f), or 
355  (4)(c), the public record or part thereof in question shall be 
356  submitted to the court for an inspection in camera. If an 
357  exemption is alleged to exist under or by virtue of s. 
358  119.071(2)(c), an inspection in camera is discretionary with the 
359  court. If the court finds that the asserted exemption is not 
360  applicable, it shall order the public record or part thereof in 
361  question to be immediately produced for inspection or copying as 
362  requested by the person seeking such access. 
363         (h) Even if an assertion is made by the custodian of public 
364  records that a requested record is not a public record subject 
365  to public inspection or copying under this subsection, the 
366  requested record shall, nevertheless, not be disposed of for a 
367  period of 30 days after the date on which a written request to 
368  inspect or copy the record was served on or otherwise made to 
369  the custodian of public records by the person seeking access to 
370  the record. If a civil action is instituted within the 30-day 
371  period to enforce the provisions of this section with respect to 
372  the requested record, the custodian of public records may not 
373  dispose of the record except by order of a court of competent 
374  jurisdiction after notice to all affected parties. 
375         (i) The absence of a civil action instituted for the 
376  purpose stated in paragraph (g) does not relieve the custodian 
377  of public records of the duty to maintain the record as a public 
378  record if the record is in fact a public record subject to 
379  public inspection and copying under this subsection and does not 
380  otherwise excuse or exonerate the custodian of public records 
381  from any unauthorized or unlawful disposition of such record. 
382         (2)(a) As an additional means of inspecting or copying 
383  public records, a custodian of public records may provide access 
384  to public records by remote electronic means, provided exempt or 
385  confidential information is not disclosed. 
386         (b) The custodian of public records shall provide 
387  safeguards to protect the contents of public records from 
388  unauthorized remote electronic access or alteration and to 
389  prevent the disclosure or modification of those portions of 
390  public records which are exempt or confidential from subsection 
391  (1) or s. 24, Art. I of the State Constitution. 
392         (c) Unless otherwise required by law, the custodian of 
393  public records may charge a fee for remote electronic access, 
394  granted under a contractual arrangement with a user, which fee 
395  may include the direct and indirect costs of providing such 
396  access. Fees for remote electronic access provided to the 
397  general public shall be in accordance with the provisions of 
398  this section. 
399         (3)(a) Any person shall have the right of access to public 
400  records for the purpose of making photographs of the record 
401  while such record is in the possession, custody, and control of 
402  the custodian of public records. 
403         (b) This subsection applies to the making of photographs in 
404  the conventional sense by use of a camera device to capture 
405  images of public records but excludes the duplication of 
406  microfilm in the possession of the clerk of the circuit court 
407  where a copy of the microfilm may be made available by the 
408  clerk. 
409         (c) Photographing public records shall be done under the 
410  supervision of the custodian of public records, who may adopt 
411  and enforce reasonable rules governing the photographing of such 
412  records. 
413         (d) Photographing of public records shall be done in the 
414  room where the public records are kept. If, in the judgment of 
415  the custodian of public records, this is impossible or 
416  impracticable, photographing shall be done in another room or 
417  place, as nearly adjacent as possible to the room where the 
418  public records are kept, to be determined by the custodian of 
419  public records. Where provision of another room or place for 
420  photographing is required, the expense of providing the same 
421  shall be paid by the person desiring to photograph the public 
422  record pursuant to paragraph (4)(h) (4)(e). 
423         (4) The custodian of public records shall furnish a copy or 
424  a certified copy of the record upon payment of the fee 
425  prescribed by law. If a fee is not prescribed by law, the 
426  following fees are authorized: 
427         (a)1. Up to 15 cents per one-sided copy for duplicated 
428  copies of not more than 14 inches by 8 1/2 inches; 
429         2. No more than an additional 5 cents for each two-sided 
430  copy; and 
431         3. For all other copies, the actual cost of duplication of 
432  the public record. 
433 
434  If the nature or volume of the public records requested to be 
435  inspected or copied requires more than 30 minutes of agency 
436  resources, the agency may charge an additional fee for such 
437  resources incurred by the agency for the portion of a request 
438  requiring more than 30 minutes of agency resources. 
439         (b)1. For a copy of a public record in any electronic 
440  medium stored, maintained, or used by an agency, the actual cost 
441  of duplication. However, if the nature or volume of the public 
442  records requested to be copied requires more than 30 minutes of 
443  agency resources, the agency may charge an additional fee for 
444  such resources incurred by the agency for the portion of a 
445  request requiring more than 30 minutes agency resources. 
446         2. If an agency has the software and hardware necessary to 
447  convert the record into the electronic format requested as a 
448  step in the process of copying or exporting the requested 
449  record, the agency must provide the record in the format 
450  requested and may charge a fee authorized by this subsection. 
451         (c) The cost of clerical or supervisory assistance may be 
452  no greater than the base hourly rate of the lowest paid 
453  personnel capable of providing such clerical or supervisory 
454  assistance. 
455         (d)(b) The charge for copies of county maps or aerial 
456  photographs supplied by county constitutional officers may also 
457  include a reasonable charge for the labor and overhead 
458  associated with their duplication. 
459         (e)(c) An agency may charge up to $1 per copy for a 
460  certified copy of a public record. 
461         (f) All fees allowed pursuant to this subsection may be 
462  reduced or waived. Fee reductions and waivers must be uniformly 
463  applied among persons similarly situated. 
464         (g) An agency is not authorized to charge a fee for costs 
465  associated with review or redaction of information which is not 
466  a public record. 
467         (d) If the nature or volume of public records requested to 
468  be inspected or copied pursuant to this subsection is such as to 
469  require extensive use of information technology resources or 
470  extensive clerical or supervisory assistance by personnel of the 
471  agency involved, or both, the agency may charge, in addition to 
472  the actual cost of duplication, a special service charge, which 
473  shall be reasonable and shall be based on the cost incurred for 
474  such extensive use of information technology resources or the 
475  labor cost of the personnel providing the service that is 
476  actually incurred by the agency or attributable to the agency 
477  for the clerical and supervisory assistance required, or both. 
478         (h)(e)1. Where provision of another room or place is 
479  necessary to photograph public records, the expense of providing 
480  the same shall be paid by the person desiring to photograph the 
481  public records. 
482         2. The custodian of public records may charge the person 
483  making the photographs for supervision services at a rate of 
484  compensation to be agreed upon by the person desiring to make 
485  the photographs and the custodian of public records. If they 
486  fail to agree as to the appropriate charge, the charge shall be 
487  determined by the custodian of public records. 
488         (5) When ballots are produced under this section for 
489  inspection or examination, no persons other than the supervisor 
490  of elections or the supervisor’s employees shall touch the 
491  ballots. If the ballots are being examined before the end of the 
492  contest period in s. 102.168, the supervisor of elections shall 
493  make a reasonable effort to notify all candidates by telephone 
494  or otherwise of the time and place of the inspection or 
495  examination. All such candidates, or their representatives, 
496  shall be allowed to be present during the inspection or 
497  examination. 
498         (6) An exemption contained in this chapter or in any other 
499  general or special law shall not limit the access of the Auditor 
500  General, the Office of Program Policy Analysis and Government 
501  Accountability, or any state, county, municipal, university, 
502  board of community college, school district, or special district 
503  internal auditor to public records when such person states in 
504  writing that such records are needed for a properly authorized 
505  audit, examination, or investigation. Such person shall maintain 
506  the exempt or confidential status of that public record and 
507  shall be subject to the same penalties as the custodian of that 
508  record for public disclosure of such record. 
509         (7) An exemption from this section does not imply an 
510  exemption from s. 119.20 s. 286.011. The exemption from s. 
511  119.20 s. 286.011 must be expressly provided. 
512         (8) The provisions of this section are not intended to 
513  expand or limit the provisions of Rule 3.220, Florida Rules of 
514  Criminal Procedure, regarding the right and extent of discovery 
515  by the state or by a defendant in a criminal prosecution or in 
516  collateral postconviction proceedings. This section may not be 
517  used by any inmate as the basis for failing to timely litigate 
518  any postconviction action. 
519         Section 6. Paragraph (a) of subsection (3) and paragraph 
520  (a) of subsection (5) of section 119.071, Florida Statutes, are 
521  amended to read: 
522         119.071 General exemptions from inspection or copying of 
523  public records.— 
524         (3) SECURITY.— 
525         (a)1. As used in this paragraph, the term “security system 
526  plan” includes all: 
527         a. Records, information, photographs, audio and visual 
528  presentations, schematic diagrams, surveys, recommendations, or 
529  consultations or portions thereof relating directly to the 
530  physical security of the facility or revealing security systems; 
531         b. Threat assessments conducted by any agency or any 
532  private entity; 
533         c. Threat response plans; 
534         d. Emergency evacuation plans; 
535         e. Sheltering arrangements; or 
536         f. Manuals for security personnel, emergency equipment, or 
537  security training. 
538         1.2. A security system plan or portion thereof for: 
539         a. Any property owned by or leased to the state or any of 
540  its political subdivisions; or 
541         b. Any privately owned or leased property 
542 
543  held by an agency is confidential and exempt from s. 119.07(1) 
544  and s. 24(a), Art. I of the State Constitution. This exemption 
545  is remedial in nature, and it is the intent of the Legislature 
546  that this exemption apply to security system plans held by an 
547  agency before, on, or after the effective date of this 
548  paragraph. 
549         2.3. Information made confidential and exempt by this 
550  paragraph may be disclosed by the custodian of public records 
551  to: 
552         a. The property owner or leaseholder; or 
553         b. Another state or federal agency to prevent, detect, 
554  guard against, respond to, investigate, or manage the 
555  consequences of any attempted or actual act of terrorism, or to 
556  prosecute those persons who are responsible for such attempts or 
557  acts. 
558         (5) OTHER PERSONAL INFORMATION.— 
559         (a)1.a. The Legislature acknowledges that the social 
560  security number was never intended to be used for business 
561  purposes but was intended to be used solely for the 
562  administration of the federal Social Security System. The 
563  Legislature is further aware that over time this unique numeric 
564  identifier has been used extensively for identity verification 
565  purposes and other legitimate consensual purposes. 
566         b. The Legislature recognizes that the social security 
567  number can be used as a tool to perpetuate fraud against an 
568  individual and to acquire sensitive personal, financial, 
569  medical, and familial information, the release of which could 
570  cause great financial or personal harm to an individual. 
571         c. The Legislature intends to monitor the use of social 
572  security numbers held by agencies in order to maintain a 
573  balanced public policy. 
574         2.a. An agency may not collect an individual’s social 
575  security number unless the agency has stated in writing the 
576  purpose for its collection and unless it is: 
577         (I) Specifically authorized by law to do so; or 
578         (II) Imperative for the performance of that agency’s duties 
579  and responsibilities as prescribed by law. 
580         b. An agency shall identify in writing the specific federal 
581  or state law governing the collection, use, or release of social 
582  security numbers for each purpose for which the agency collects 
583  the social security number, including any authorized exceptions 
584  that apply to such collection, use, or release. Each agency 
585  shall ensure that the collection, use, or release of social 
586  security numbers complies with the specific applicable federal 
587  or state law. 
588         c. Social security numbers collected by an agency may not 
589  be used by that agency for any purpose other than the purpose 
590  provided in the written statement. 
591         3. An agency collecting an individual’s social security 
592  number shall provide that individual with a copy of the written 
593  statement required in subparagraph 2. The written statement also 
594  shall state whether collection of the individual’s social 
595  security number is authorized or mandatory under federal or 
596  state law. 
597         4. Each agency shall review whether its collection of 
598  social security numbers is in compliance with subparagraph 2. If 
599  the agency determines that collection of a social security 
600  number is not in compliance with subparagraph 2., the agency 
601  shall immediately discontinue the collection of social security 
602  numbers for that purpose. 
603         5. Social security numbers held by an agency are 
604  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 
605  of the State Constitution. This exemption applies to social 
606  security numbers held by an agency before, on, or after the 
607  effective date of this exemption. This exemption does not 
608  supersede any federal law prohibiting the release of social 
609  security numbers or any other applicable public records 
610  exemption for social security numbers existing prior to May 13, 
611  2002, or created thereafter. 
612         6. Social security numbers held by an agency may be 
613  disclosed if any of the following apply: 
614         a. The disclosure of the social security number is 
615  expressly required by federal or state law or a court order. 
616         b. The disclosure of the social security number is 
617  necessary for the receiving agency or governmental entity to 
618  perform its duties and responsibilities. 
619         c. The individual expressly consents in writing to the 
620  disclosure of his or her social security number. 
621         d. The disclosure of the social security number is made to 
622  comply with the USA Patriot Act of 2001, Pub. L. No. 107-56, or 
623  Presidential Executive Order 13224. 
624         e. The disclosure of the social security number is made to 
625  a commercial entity for the permissible uses set forth in the 
626  federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 
627  2721 et seq.; the Fair Credit Reporting Act, 15 U.S.C. ss. 1681 
628  et seq.; or the Financial Services Modernization Act of 1999, 15 
629  U.S.C. ss. 6801 et seq., provided that the authorized commercial 
630  entity complies with the requirements of this paragraph. 
631         f. The disclosure of the social security number is for the 
632  purpose of the administration of health benefits for an agency 
633  employee or his or her dependents. 
634         g. The disclosure of the social security number is for the 
635  purpose of the administration of a pension fund administered for 
636  the agency employee’s retirement fund, deferred compensation 
637  plan, or defined contribution plan. 
638         h. The disclosure of the social security number is for the 
639  purpose of the administration of the Uniform Commercial Code by 
640  the office of the Secretary of State. 
641         7.a. For purposes of this subsection, the term: 
642         (I) “Commercial activity” means the permissible uses set 
643  forth in the federal Driver’s Privacy Protection Act of 1994, 18 
644  U.S.C. ss. 2721 et seq.; the Fair Credit Reporting Act, 15 
645  U.S.C. ss. 1681 et seq.; or the Financial Services Modernization 
646  Act of 1999, 15 U.S.C. ss. 6801 et seq., or verification of the 
647  accuracy of personal information received by a commercial entity 
648  in the normal course of its business, including identification 
649  or prevention of fraud or matching, verifying, or retrieving 
650  information. It does not include the display or bulk sale of 
651  social security numbers to the public or the distribution of 
652  such numbers to any customer that is not identifiable by the 
653  commercial entity. 
654         (II) “Commercial entity” means any corporation, 
655  partnership, limited partnership, proprietorship, sole 
656  proprietorship, firm, enterprise, franchise, or association that 
657  performs a commercial activity in this state. 
658         a.b. An agency may not deny a commercial entity engaged in 
659  the performance of a commercial activity access to social 
660  security numbers, provided the social security numbers will be 
661  used only in the performance of a commercial activity and 
662  provided the commercial entity makes a written request for the 
663  social security numbers. The written request must: 
664         (I) Be verified as provided in s. 92.525; 
665         (II) Be legibly signed by an authorized officer, employee, 
666  or agent of the commercial entity; 
667         (III) Contain the commercial entity’s name, business 
668  mailing and location addresses, and business telephone number; 
669  and 
670         (IV) Contain a statement of the specific purposes for which 
671  it needs the social security numbers and how the social security 
672  numbers will be used in the performance of a commercial 
673  activity, including the identification of any specific federal 
674  or state law that permits such use. 
675         b.c. An agency may request any other information reasonably 
676  necessary to verify the identity of a commercial entity 
677  requesting the social security numbers and the specific purposes 
678  for which the numbers will be used. 
679         8.a. Any person who makes a false representation in order 
680  to obtain a social security number pursuant to this paragraph, 
681  or any person who willfully and knowingly violates this 
682  paragraph, commits a felony of the third degree, punishable as 
683  provided in s. 775.082 or s. 775.083. 
684         b. Any public officer who violates this paragraph commits a 
685  noncriminal infraction, punishable by a fine not exceeding $500 
686  per violation. 
687  9. Any affected person may petition the circuit court for an 
688  order directing compliance with this paragraph. 
689         Section 7. Section 119.13, Florida Statutes, is created to 
690  read: 
691         119.13 Model public access policy.—The Division of Library 
692  and Information Services of the Department of State shall adopt 
693  a rule to establish a model policy for providing public access 
694  to public records in accordance with this part. 
695         Section 8. Section 119.15, Florida Statutes, is amended to 
696  read: 
697         119.15 Legislative review of exemptions from public meeting 
698  and public records requirements.— 
699         (1) This section may be cited as the “Open Government 
700  Sunset Review Act.” 
701         (2) This section provides for the review and repeal or 
702  reenactment of an exemption from s. 24, Art. I of the State 
703  Constitution and s. 119.07(1) or s. 119.20 s. 286.011. This act 
704  does not apply to an exemption that: 
705         (a) Is required by federal law; or 
706         (b) Applies solely to the Legislature or the State Court 
707  System. 
708         (3)(a) In the 5th year after enactment of a new exemption, 
709  or substantial amendment of an existing exemption, the exemption 
710  shall be repealed on October 2nd of the 5th year, unless the 
711  Legislature acts to reenact the exemption. 
712         (b) In the 10th year after reenactment the exemption shall 
713  be repealed on October 2nd of the 10th year, unless the 
714  Legislature acts to reenact the exemption. 
715         (4)(a) A law that enacts a new exemption or substantially 
716  amends an existing exemption must state that the record or 
717  meeting is: 
718         1. Exempt from s. 24, Art. I of the State Constitution; 
719         2. Exempt from s. 119.07(1) or s. 119.20 s. 286.011; and 
720         3. Repealed at the end of 5 years and that the exemption 
721  must be reviewed by the Legislature before the scheduled repeal 
722  date and every 10 years thereafter. 
723         (b) For purposes of this section, an exemption is 
724  substantially amended if the amendment expands the scope of the 
725  exemption to include more records or information or to include 
726  meetings as well as records. An exemption is not substantially 
727  amended if the amendment narrows the scope of the exemption. 
728         (c) This section is not intended to repeal an exemption 
729  that has been amended following legislative review before the 
730  scheduled repeal of the exemption if the exemption is not 
731  substantially amended as a result of the review. 
732         (5)(a) By June 1 in the year before the repeal of an 
733  exemption under this section, the Division of Statutory Revision 
734  of the Office of Legislative Services shall certify to the 
735  President of the Senate and the Speaker of the House of 
736  Representatives the language and statutory citation of each 
737  exemption scheduled for repeal the following year. 
738         (b) Any exemption that is not identified and certified to 
739  the President of the Senate and the Speaker of the House of 
740  Representatives is not subject to legislative review and repeal 
741  under this section. If the division fails to certify an 
742  exemption that it subsequently determines should have been 
743  certified, it shall include the exemption in the following 
744  year’s certification after that determination. 
745         (6)(a) As part of the review process, the Legislature shall 
746  consider the following: 
747         1. What specific records or meetings are affected by the 
748  exemption? 
749         2. Whom does the exemption uniquely affect, as opposed to 
750  the general public? 
751         3. What is the identifiable public purpose or goal of the 
752  exemption? 
753         4. Can the information contained in the records or 
754  discussed in the meeting be readily obtained by alternative 
755  means? If so, how? 
756         5. Is the record or meeting protected by another exemption? 
757         6. Are there multiple exemptions for the same type of 
758  record or meeting that it would be appropriate to merge? 
759         (b) An exemption may be created, revised, or maintained 
760  only if it serves an identifiable public purpose, and the 
761  exemption may be no broader than is necessary to meet the public 
762  purpose it serves. An identifiable public purpose is served if 
763  the exemption meets one of the following purposes and the 
764  Legislature finds that the purpose is sufficiently compelling to 
765  override the strong public policy of open government and cannot 
766  be accomplished without the exemption: 
767         1. Allows the state or its political subdivisions to 
768  effectively and efficiently administer a governmental program, 
769  which administration would be significantly impaired without the 
770  exemption; 
771         2. Protects information of a sensitive personal nature 
772  concerning individuals, the release of which information would 
773  be defamatory to such individuals or cause unwarranted damage to 
774  the good name or reputation of such individuals or would 
775  jeopardize the safety of such individuals. However, in 
776  exemptions under this subparagraph, only information that would 
777  identify the individuals may be exempted; or 
778         3. Protects information of a confidential nature concerning 
779  entities, including, but not limited to, a formula, pattern, 
780  device, combination of devices, or compilation of information 
781  which is used to protect or further a business advantage over 
782  those who do not know or use it, the disclosure of which 
783  information would injure the affected entity in the marketplace. 
784         (7) Records made before the date of a repeal of an 
785  exemption under this section may not be made public unless 
786  otherwise provided by law. In deciding whether the records shall 
787  be made public, the Legislature shall consider whether the 
788  damage or loss to persons or entities uniquely affected by the 
789  exemption of the type specified in subparagraph (6)(b)2. or 
790  subparagraph (6)(b)3. would occur if the records were made 
791  public. 
792         (8) Notwithstanding s. 768.28 or any other law, neither the 
793  state or its political subdivisions nor any other public body 
794  shall be made party to any suit in any court or incur any 
795  liability for the repeal or revival and reenactment of an 
796  exemption under this section. The failure of the Legislature to 
797  comply strictly with this section does not invalidate an 
798  otherwise valid reenactment. 
799         Section 9. Section 119.20, Florida Statutes, is created to 
800  read: 
801         119.20 Public meetings and records; access to public 
802  meetings.— 
803         (1)� All meetings of any board or commission of any state 
804  agency or authority or of any agency or authority of any county, 
805  municipal corporation, or political subdivision, except as 
806  otherwise provided in the State Constitution, at which official 
807  acts are to be taken are declared to be public meetings that are 
808  open to the public at all times, and no resolution, rule, or 
809  formal action shall be considered binding except as taken or 
810  made at such meeting. The board or commission must provide 
811  reasonable notice of all such meetings. 
812         (2)� The minutes of a meeting of any such board or 
813  commission of any such state agency or authority shall be 
814  promptly recorded, and such records shall be open to public 
815  inspection. 
816         (3) All persons subject to subsection (1) are prohibited 
817  from holding meetings at any facility or location that 
818  discriminates on the basis of sex, age, race, creed, color, 
819  origin, or economic status or that operates in such a manner as 
820  to unreasonably restrict public access to such a facility. 
821         Section 10. Section 119.201, Florida Statutes, is created 
822  to read: 
823         119.201 General exemptions from public meetings.— 
824         (1) Any board or commission of any state agency or 
825  authority or any agency or authority of any county, municipal 
826  corporation, or political subdivision, and the chief 
827  administrative or executive officer of the governmental entity, 
828  may meet in private with the entity’s attorney to discuss 
829  pending litigation to which the entity is presently a party 
830  before a court or administrative agency if the following 
831  conditions are met: 
832         (a)� The entity’s attorney shall advise the entity at a 
833  public meeting that he or she desires advice concerning the 
834  litigation. 
835         (b)� The subject matter of the meeting shall be confined to 
836  settlement negotiations or strategy sessions related to 
837  litigation expenditures. 
838         (c)� The entire session shall be recorded by a certified 
839  court reporter. The reporter shall record the times of 
840  commencement and termination of the session, all discussion and 
841  proceedings, the names of all persons present at any time, and 
842  the names of all persons speaking. No portion of the session 
843  shall be off the record. The court reporter’s notes shall be 
844  fully transcribed and filed with the entity’s clerk within a 
845  reasonable time after the meeting. 
846         (d)� The entity shall give reasonable public notice of the 
847  time and date of the attorney-client session and the names of 
848  persons who will be attending the session. The session shall 
849  commence at an open meeting at which the persons chairing the 
850  meeting shall announce the commencement and estimated length of 
851  the attorney-client session and the names of the persons 
852  attending. At the conclusion of the attorney-client session, the 
853  meeting shall be reopened, and the person chairing the meeting 
854  shall announce the termination of the session. 
855         (e)� The transcript shall be made part of the public record 
856  upon conclusion of the litigation. 
857         (2)� That portion of a meeting which would reveal a security 
858  system plan or portion thereof made confidential and exempt by 
859  s. 119.071(3)(a) is exempt from s. 119.20 and s. 24(b), Art. I 
860  of the State Constitution. 
861         (3)(a)� A meeting at which a negotiation with a vendor is 
862  conducted pursuant to s. 287.057(3) is exempt from s. 119.20 and 
863  s. 24(b), Art. I of the State Constitution. 
864         (b)1.� A complete recording shall be made of any meeting 
865  made exempt in paragraph (a). No portion of the meeting may be 
866  held off the record. 
867         2.� The recording required under subparagraph 1. is exempt 
868  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 
869  until such time as the agency provides notice of a decision or 
870  intended decision pursuant to s. 120.57(3)(a) or until 20 days 
871  after the final competitive sealed replies are all opened, 
872  whichever occurs earlier. 
873         3.� If the agency rejects all sealed replies, the recording 
874  remains exempt from s. 119.07(1) and s. 24(a), Art. I of the 
875  State Constitution until such time as the agency provides notice 
876  of a decision or intended decision pursuant to s. 120.57(3)(a) 
877  concerning the reissued invitation to negotiate or until the 
878  agency withdraws the reissued invitation to negotiate. A 
879  recording is not exempt for longer than 12 months after the 
880  initial agency notice rejecting all replies. 
881         (c)� This subsection is subject to the Open Government 
882  Sunset Review Act in accordance with s. 119.15 and shall stand 
883  repealed on October 2, 2015, unless reviewed and saved from 
884  repeal through reenactment by the Legislature. 
885         Section 11. Section 119.202, Florida Statutes, is created 
886  to read: 
887         119.202 Voting requirement at meetings of governmental 
888  bodies.—A member of any state, county, or municipal governmental 
889  board, commission, or agency who is present at any meeting of 
890  any such body at which an official decision, ruling, or other 
891  official act is to be taken or adopted may not abstain from 
892  voting in regard to any such decision, ruling, or act; and a 
893  vote shall be recorded or counted for each such member present, 
894  except when, with respect to any such member, there is, or 
895  appears to be, a possible conflict of interest under the 
896  provisions of s. 112.311, s. 112.313, or s. 112.3143. In such 
897  case, the member shall comply with the disclosure requirements 
898  of s. 112.3143. 
899         Section 12. Section 119.30, Florida Statutes, is created to 
900  read: 
901         119.30 Violation of chapter; penalties.— 
902         (1) A violation of any law that relates to access to public 
903  records or meetings shall be considered a violation of this 
904  chapter. 
905         (2) A person who violates any of the provisions of this 
906  chapter commits a noncriminal infraction, punishable by a fine 
907  not exceeding $500. 
908         (3) A person who willfully and knowingly violates any of 
909  the provisions of this chapter commits a misdemeanor of the 
910  first degree, punishable as provided in s. 775.082 or s. 
911  775.083. 
912         (4) Conduct that occurs outside the state and that would 
913  constitute a knowing violation of this chapter is a misdemeanor 
914  of the first degree, punishable as provided in s. 775.082 or s. 
915  775.083. 
916         (5) If a court determines that an agency has: 
917         (a) Violated s. 119.07(1) or s. 119.20; 
918         (b) Shown intentional disregard for the public’s 
919  constitutional right of access as guaranteed by s. 24, Art. I of 
920  the State Constitution; or 
921         (c) Exhibited a pattern of abuse of the requirements of 
922  this chapter, 
923 
924  the court may assess a penalty against the agency equal to twice 
925  the amount awarded pursuant to this section. 
926         Section 13. Section 119.31, Florida Statutes, is created to 
927  read: 
928         119.31 Injunctions.—The circuit courts of this state have 
929  jurisdiction to issue injunctions to enforce this chapter upon 
930  application by any person. 
931         Section 14. Section 119.32, Florida Statutes, is created to 
932  read: 
933         119.32 Attorney’s fees.— 
934         (1) Whenever an action has been filed against any board or 
935  commission of any state agency or authority or any agency or 
936  authority of any county, municipal corporation, or political 
937  subdivision to enforce this section or to invalidate the actions 
938  of any such board, commission, agency, or authority, which 
939  action was taken in violation of this section, and the court 
940  determines that the defendant or defendants to such action acted 
941  in violation of this section, the court shall assess a 
942  reasonable attorney’s fee against such agency, and may assess a 
943  reasonable attorney’s fee against the individual filing such an 
944  action if the court finds it was filed in bad faith or was 
945  frivolous. Any fees so assessed may be assessed against the 
946  individual member or members of such board or commission; 
947  provided, that in any case where the board or commission seeks 
948  the advice of its attorney and such advice is followed, no such 
949  fees shall be assessed against the individual member or members 
950  of the board or commission. However, this subsection does not 
951  apply to a state attorney or his or her duly authorized 
952  assistants or any officer charged with enforcing the provisions 
953  of this section. 
954         (2) Whenever any board or commission of any state agency or 
955  authority or any agency or authority of any county, municipal 
956  corporation, or political subdivision appeals any court order 
957  which has found the board, commission, agency, or authority to 
958  have violated this section, and such order is affirmed, the 
959  court shall assess a reasonable attorney’s fee for the appeal 
960  against such board, commission, agency, or authority. Any fees 
961  so assessed may be assessed against the individual member or 
962  members of such board or commission; provided, that in any case 
963  where the board or commission seeks the advice of its attorney 
964  and such advice is followed, no such fees shall be assessed 
965  against the individual member or members of the board or 
966  commission. 
967         Section 15. Section 119.011, Florida Statutes, is repealed. 
968         Section 16. Section 119.10, Florida Statutes, is repealed. 
969         Section 17. Section 119.12, Florida Statutes, is repealed. 
970         Section 18. Section 286.011, Florida Statutes, is repealed. 
971         Section 19. Section 286.0113, Florida Statutes, is 
972  repealed. 
973         Section 20. Section 286.012, Florida Statutes, is repealed. 
974         Section 21. For the purpose of incorporating the amendment 
975  made by this act to section 119.07, Florida Statutes, in a 
976  reference thereto, subsection (2) of section 27.02, Florida 
977  Statutes, is reenacted to read: 
978         27.02 Duties before court.— 
979         (2) The state attorney, when complying with the discovery 
980  obligation pursuant to the applicable rule of procedure, may 
981  charge the defendant fees as provided for in s. 119.07(4), not 
982  to exceed 15 cents per page for a copy of a noncertified copy of 
983  a public record. However, these fees may be deferred if the 
984  defendant has been determined to be indigent as provided in s. 
985  27.52. 
986         Section 22. For the purpose of incorporating the amendment 
987  made by this act to section 119.07, Florida Statutes, in a 
988  reference thereto, paragraph (f) of subsection (2) of section 
989  119.01, Florida Statutes, is reenacted to read: 
990         119.01 General state policy on public records.— 
991         (2) 
992         (f) Each agency that maintains a public record in an 
993  electronic recordkeeping system shall provide to any person, 
994  pursuant to this chapter, a copy of any public record in that 
995  system which is not exempted by law from public disclosure. An 
996  agency must provide a copy of the record in the medium requested 
997  if the agency maintains the record in that medium, and the 
998  agency may charge a fee in accordance with this chapter. For the 
999  purpose of satisfying a public records request, the fee to be 
1000  charged by an agency if it elects to provide a copy of a public 
1001  record in a medium not routinely used by the agency, or if it 
1002  elects to compile information not routinely developed or 
1003  maintained by the agency or that requires a substantial amount 
1004  of manipulation or programming, must be in accordance with s. 
1005  119.07(4). 
1006         Section 23. For the purpose of incorporating the amendment 
1007  made by this act to section 119.07, Florida Statutes, in a 
1008  reference thereto, paragraph (d) of subsection (1) of section 
1009  119.0712, Florida Statutes, is reenacted to read: 
1010         119.0712 Executive branch agency-specific exemptions from 
1011  inspection or copying of public records.— 
1012         (1) DEPARTMENT OF HEALTH.—All personal identifying 
1013  information contained in records relating to an individual’s 
1014  personal health or eligibility for health-related services held 
1015  by the Department of Health is confidential and exempt from s. 
1016  119.07(1) and s. 24(a), Art. I of the State Constitution, except 
1017  as otherwise provided in this subsection. Information made 
1018  confidential and exempt by this subsection shall be disclosed: 
1019         (d) To a health research entity, if the entity seeks the 
1020  records or data pursuant to a research protocol approved by the 
1021  department, maintains the records or data in accordance with the 
1022  approved protocol, and enters into a purchase and data-use 
1023  agreement with the department, the fee provisions of which are 
1024  consistent with s. 119.07(4). The department may deny a request 
1025  for records or data if the protocol provides for intrusive 
1026  follow-back contacts, has not been approved by a human studies 
1027  institutional review board, does not plan for the destruction of 
1028  confidential records after the research is concluded, is 
1029  administratively burdensome, or does not have scientific merit. 
1030  The agreement must restrict the release of any information that 
1031  would permit the identification of persons, limit the use of 
1032  records or data to the approved research protocol, and prohibit 
1033  any other use of the records or data. Copies of records or data 
1034  issued pursuant to this paragraph remain the property of the 
1035  department. 
1036         Section 24. For the purpose of incorporating the amendment 
1037  made by this act to section 119.07, Florida Statutes, in a 
1038  reference thereto, paragraph (a) of subsection (2) of section 
1039  119.084, Florida Statutes, is reenacted to read: 
1040         119.084 Copyright of data processing software created by 
1041  governmental agencies; sale price and licensing fee.— 
1042         (2) An agency is authorized to acquire and hold a copyright 
1043  for data processing software created by the agency and to 
1044  enforce its rights pertaining to such copyright, provided that 
1045  the agency complies with the requirements of this subsection. 
1046         (a) An agency that has acquired a copyright for data 
1047  processing software created by the agency may sell or license 
1048  the copyrighted data processing software to any public agency or 
1049  private person. The agency may establish a price for the sale 
1050  and a licensing fee for the use of such data processing software 
1051  that may be based on market considerations. However, the prices 
1052  or fees for the sale or licensing of copyrighted data processing 
1053  software to an individual or entity solely for application to 
1054  information maintained or generated by the agency that created 
1055  the copyrighted data processing software shall be determined 
1056  pursuant to s. 119.07(4). 
1057         Section 25. For the purpose of incorporating the amendment 
1058  made by this act to section 119.07, Florida Statutes, in a 
1059  reference thereto, subsection (6) of section 455.219, Florida 
1060  Statutes, is reenacted to read: 
1061         455.219 Fees; receipts; disposition; periodic management 
1062  reports.— 
1063         (6) The department or the appropriate board shall charge a 
1064  fee not to exceed $25 for the certification of a public record. 
1065  The fee shall be determined by rule of the department. The 
1066  department or the appropriate board shall assess a fee for 
1067  duplication of a public record as provided in s. 119.07(4). 
1068         Section 26. For the purpose of incorporating the amendment 
1069  made by this act to section 119.07, Florida Statutes, in a 
1070  reference thereto, subsection (11) of section 456.025, Florida 
1071  Statutes, is reenacted to read: 
1072         456.025 Fees; receipts; disposition.— 
1073         (11) The department or the appropriate board shall charge a 
1074  fee not to exceed $25 for the certification of a public record. 
1075  The fee shall be determined by rule of the department. The 
1076  department or the appropriate board shall assess a fee for 
1077  duplicating a public record as provided in s. 119.07(4). 
1078         Section 27. For the purpose of incorporating the amendment 
1079  made by this act to section 119.07, Florida Statutes, in a 
1080  reference thereto, paragraph (c) of subsection (1) of section 
1081  458.3193, Florida Statutes, is reenacted to read: 
1082         458.3193 Confidentiality of certain information contained 
1083  in physician workforce surveys.— 
1084         (1) All personal identifying information contained in 
1085  records provided by physicians licensed under this chapter or 
1086  chapter 459 in response to physician workforce surveys required 
1087  as a condition of license renewal and held by the Department of 
1088  Health is confidential and exempt from s. 119.07(1) and s. 
1089  24(a), Art. I of the State Constitution, except as otherwise 
1090  provided in this subsection. Information made confidential and 
1091  exempt by this subsection shall be disclosed: 
1092         (c) To a research entity, if the entity seeks the records 
1093  or data pursuant to a research protocol approved by the 
1094  Department of Health, maintains the records or data in 
1095  accordance with the approved protocol, and enters into a 
1096  purchase and data-use agreement with the department, the fee 
1097  provisions of which are consistent with s. 119.07(4). The 
1098  department may deny a request for records or data if the 
1099  protocol provides for intrusive follow-back contacts, does not 
1100  plan for the destruction of confidential records after the 
1101  research is concluded, is administratively burdensome, or does 
1102  not have scientific merit. The agreement must restrict the 
1103  release of information that would identify individuals, must 
1104  limit the use of records or data to the approved research 
1105  protocol, and must prohibit any other use of the records or 
1106  data. Copies of records or data issued pursuant to this 
1107  paragraph remain the property of the department. 
1108         Section 28. For the purpose of incorporating the amendment 
1109  made by this act to section 119.07, Florida Statutes, in a 
1110  reference thereto, paragraph (c) of subsection (1) of section 
1111  459.0083, Florida Statutes, is reenacted to read: 
1112         459.0083 Confidentiality of certain information contained 
1113  in physician workforce surveys.— 
1114         (1) All personal identifying information contained in 
1115  records provided by physicians licensed under chapter 458 or 
1116  this chapter in response to physician workforce surveys required 
1117  as a condition of license renewal and held by the Department of 
1118  Health is confidential and exempt from s. 119.07(1) and s. 
1119  24(a), Art. I of the State Constitution, except as otherwise 
1120  provided in this subsection. Information made confidential and 
1121  exempt by this subsection shall be disclosed: 
1122         (c) To a research entity, if the entity seeks the records 
1123  or data pursuant to a research protocol approved by the 
1124  Department of Health, maintains the records or data in 
1125  accordance with the approved protocol, and enters into a 
1126  purchase and data-use agreement with the department, the fee 
1127  provisions of which are consistent with s. 119.07(4). The 
1128  department may deny a request for records or data if the 
1129  protocol provides for intrusive follow-back contacts, does not 
1130  plan for the destruction of confidential records after the 
1131  research is concluded, is administratively burdensome, or does 
1132  not have scientific merit. The agreement must restrict the 
1133  release of information that would identify individuals, must 
1134  limit the use of records or data to the approved research 
1135  protocol, and must prohibit any other use of the records or 
1136  data. Copies of records or data issued pursuant to this 
1137  paragraph remain the property of the department. 
1138         Section 29. For the purpose of incorporating the amendment 
1139  made by this act to section 119.07, Florida Statutes, in a 
1140  reference thereto, subsection (16) of section 472.011, Florida 
1141  Statutes, is reenacted to read: 
1142         472.011 Fees.— 
1143         (16) The department or the board shall charge a fee not to 
1144  exceed $25 for the certification of a public record. The fee 
1145  shall be determined by rule of the department. The department or 
1146  the appropriate board shall assess a fee for duplication of a 
1147  public record as provided in s. 119.07(4). 
1148         Section 30. For the purpose of incorporating the amendment 
1149  made by this act to section 119.07, Florida Statutes, in a 
1150  reference thereto, paragraph (e) of subsection (2) of section 
1151  1012.31, Florida Statutes, is reenacted to read: 
1152         1012.31 Personnel files.—Public school system employee 
1153  personnel files shall be maintained according to the following 
1154  provisions: 
1155         (2) 
1156         (e) Upon request, an employee, or any person designated in 
1157  writing by the employee, shall be permitted to examine the 
1158  personnel file of such employee. The employee shall be permitted 
1159  conveniently to reproduce any materials in the file, at a cost 
1160  no greater than the fees prescribed in s. 119.07(4). 
1161         Section 31. For the purpose of incorporating the amendment 
1162  made by this act to section 119.071, Florida Statutes, in a 
1163  reference thereto, subsection (5) of section 17.076, Florida 
1164  Statutes, is reenacted to read 
1165         17.076 Direct deposit of funds.— 
1166         (5) All direct deposit records made prior to October 1, 
1167  1986, are exempt from the provisions of s. 119.07(1). With 
1168  respect to direct deposit records made on or after October 1, 
1169  1986, the names of the authorized financial institutions and the 
1170  account numbers of the beneficiaries are confidential and exempt 
1171  from the provisions of s. 119.07(1) and s. 24(a), Art. I of the 
1172  State Constitution. Notwithstanding this exemption and the 
1173  provisions of s. 119.071(5)(b), the department may provide a 
1174  state university, upon request, with that university’s employee 
1175  or vendor direct deposit authorization information on file with 
1176  the department in order to accommodate the transition to the 
1177  university accounting system. The state university shall 
1178  maintain the confidentiality of all such information provided by 
1179  the department. 
1180         Section 32. For the purpose of incorporating the amendment 
1181  made by this act to section 119.071, Florida Statutes, in a 
1182  reference thereto, section 119.0714, Florida Statutes, is 
1183  reenacted to read: 
1184         (1) COURT FILES.—Nothing in this chapter shall be construed 
1185  to exempt from s. 119.07(1) a public record that was made a part 
1186  of a court file and that is not specifically closed by order of 
1187  court, except: 
1188         (a) A public record that was prepared by an agency attorney 
1189  or prepared at the attorney’s express direction as provided in 
1190  s. 119.071(1)(d). 
1191         (b) Data processing software as provided in s. 
1192  119.071(1)(f). 
1193         (c) Any information revealing surveillance techniques or 
1194  procedures or personnel as provided in s. 119.071(2)(d). 
1195         (d) Any comprehensive inventory of state and local law 
1196  enforcement resources, and any comprehensive policies or plans 
1197  compiled by a criminal justice agency, as provided in s. 
1198  119.071(2)(d). 
1199         (e) Any information revealing the substance of a confession 
1200  of a person arrested as provided in s. 119.071(2)(e). 
1201         (f) Any information revealing the identity of a 
1202  confidential informant or confidential source as provided in s. 
1203  119.071(2)(f). 
1204         (g) Any information revealing undercover personnel of any 
1205  criminal justice agency as provided in s. 119.071(4)(c). 
1206         (h) Criminal intelligence information or criminal 
1207  investigative information that is confidential and exempt as 
1208  provided in s. 119.071(2)(h). 
1209         (i) Social security numbers as provided in s. 
1210  119.071(5)(a). 
1211         (j) Bank account numbers and debit, charge, and credit card 
1212  numbers as provided in s. 119.071(5)(b). 
1213         (2) COURT RECORDS.— 
1214         (a) Until January 1, 2011, if a social security number or a 
1215  bank account, debit, charge, or credit card number is included 
1216  in a court file, such number may be included as part of the 
1217  court record available for public inspection and copying unless 
1218  redaction is requested by the holder of such number or by the 
1219  holder’s attorney or legal guardian. 
1220         (b) A request for redaction must be a signed, legibly 
1221  written request specifying the case name, case number, document 
1222  heading, and page number. The request must be delivered by mail, 
1223  facsimile, electronic transmission, or in person to the clerk of 
1224  the court. The clerk of the court does not have a duty to 
1225  inquire beyond the written request to verify the identity of a 
1226  person requesting redaction. 
1227         (c) A fee may not be charged for the redaction of a social 
1228  security number or a bank account, debit, charge, or credit card 
1229  number pursuant to such request. 
1230         (d) The clerk of the court has no liability for the 
1231  inadvertent release of social security numbers, or bank account, 
1232  debit, charge, or credit card numbers, unknown to the clerk of 
1233  the court in court records filed on or before January 1, 2011. 
1234         (e)1. On January 1, 2011, and thereafter, the clerk of the 
1235  court must keep social security numbers confidential and exempt 
1236  as provided for in s. 119.071(5)(a), and bank account, debit, 
1237  charge, and credit card numbers exempt as provided for in s. 
1238  119.071(5)(b), without any person having to request redaction. 
1239         2. Section 119.071(5)(a)7. and 8. does not apply to the 
1240  clerks of the court with respect to court records. 
1241         (3) OFFICIAL RECORDS.— 
1242         (a) Any person who prepares or files a record for recording 
1243  in the official records as provided in chapter 28 may not 
1244  include in that record a social security number or a bank 
1245  account, debit, charge, or credit card number unless otherwise 
1246  expressly required by law. 
1247         (b)1. If a social security number or a bank account, debit, 
1248  charge, or credit card number is included in an official record, 
1249  such number may be made available as part of the official 
1250  records available for public inspection and copying unless 
1251  redaction is requested by the holder of such number or by the 
1252  holder’s attorney or legal guardian. 
1253         2. If such record is in electronic format, on January 1, 
1254  2011, and thereafter, the county recorder must use his or her 
1255  best effort, as provided in paragraph (h), to keep social 
1256  security numbers confidential and exempt as provided for in s. 
1257  119.071(5)(a), and to keep complete bank account, debit, charge, 
1258  and credit card numbers exempt as provided for in s. 
1259  119.071(5)(b), without any person having to request redaction. 
1260         3. Section 119.071(5)(a)7. and 8. does not apply to the 
1261  county recorder with respect to official records. 
1262         (c) The holder of a social security number or a bank 
1263  account, debit, charge, or credit card number, or the holder’s 
1264  attorney or legal guardian, may request that a county recorder 
1265  redact from an image or copy of an official record placed on a 
1266  county recorder’s publicly available Internet website or on a 
1267  publicly available Internet website used by a county recorder to 
1268  display public records, or otherwise made electronically 
1269  available to the public, his or her social security number or 
1270  bank account, debit, charge, or credit card number contained in 
1271  that official record. 
1272         (d) A request for redaction must be a signed, legibly 
1273  written request and must be delivered by mail, facsimile, 
1274  electronic transmission, or in person to the county recorder. 
1275  The request must specify the identification page number of the 
1276  record that contains the number to be redacted. 
1277         (e) The county recorder does not have a duty to inquire 
1278  beyond the written request to verify the identity of a person 
1279  requesting redaction. 
1280         (f) A fee may not be charged for redacting a social 
1281  security number or a bank account, debit, charge, or credit card 
1282  number. 
1283         (g) A county recorder shall immediately and conspicuously 
1284  post signs throughout his or her offices for public viewing, and 
1285  shall immediately and conspicuously post on any Internet website 
1286  or remote electronic site made available by the county recorder 
1287  and used for the ordering or display of official records or 
1288  images or copies of official records, a notice stating, in 
1289  substantially similar form, the following: 
1290         1. On or after October 1, 2002, any person preparing or 
1291  filing a record for recordation in the official records may not 
1292  include a social security number or a bank account, debit, 
1293  charge, or credit card number in such document unless required 
1294  by law. 
1295         2. Any person has a right to request a county recorder to 
1296  remove from an image or copy of an official record placed on a 
1297  county recorder’s publicly available Internet website or on a 
1298  publicly available Internet website used by a county recorder to 
1299  display public records, or otherwise made electronically 
1300  available to the general public, any social security number 
1301  contained in an official record. Such request must be made in 
1302  writing and delivered by mail, facsimile, or electronic 
1303  transmission, or delivered in person, to the county recorder. 
1304  The request must specify the identification page number that 
1305  contains the social security number to be redacted. A fee may 
1306  not be charged for the redaction of a social security number 
1307  pursuant to such a request. 
1308         (h) If the county recorder accepts or stores official 
1309  records in an electronic format, the county recorder must use 
1310  his or her best efforts to redact all social security numbers 
1311  and bank account, debit, charge, or credit card numbers from 
1312  electronic copies of the official record. The use of an 
1313  automated program for redaction shall be deemed to be the best 
1314  effort in performing the redaction and shall be deemed in 
1315  compliance with the requirements of this subsection. 
1316  (i) The county recorder is not liable for the inadvertent 
1317  release of social security numbers, or bank account, debit, 
1318  charge, or credit card numbers, filed with the county recorder. 
1319         Section 33. For the purpose of incorporating the amendment 
1320  made by this act to section 119.071, Florida Statutes, in a 
1321  reference thereto, paragraph (b) of subsection (8) of section 
1322  1007.35, Florida Statutes, is reenacted to read: 
1323         1007.35 Florida Partnership for Minority and 
1324  Underrepresented Student Achievement.— 
1325         (8) 
1326         (b) The department shall contribute to the evaluation 
1327  process by providing access, consistent with s. 119.071(5)(a), 
1328  to student and teacher information necessary to match against 
1329  databases containing teacher professional development data and 
1330  databases containing assessment data for the PSAT/NMSQT, SAT, 
1331  AP, and other appropriate measures. The department shall also 
1332  provide student-level data on student progress from middle 
1333  school through high school and into college and the workforce, 
1334  if available, in order to support longitudinal studies. The 
1335  partnership shall analyze and report student performance data in 
1336  a manner that protects the rights of students and parents as 
1337  required in 20 U.S.C. s. 1232g and s. 1002.22. 
1338         Section 34. Paragraph (a) of subsection (2) of section 
1339  11.0431, Florida Statutes, is amended to read: 
1340         11.0431 Legislative records; intent of legislation; 
1341  exemption from public disclosure.— 
1342         (2) The following public records are exempt from inspection 
1343  and copying: 
1344         (a) Records, or information contained therein, held by the 
1345  legislative branch of government which, if held by an agency as 
1346  defined in s. 119.003 s. 119.011, or any other unit of 
1347  government, would be confidential or exempt from the provisions 
1348  of s. 119.07(1), or otherwise exempt from public disclosure, and 
1349  records or information of the same type held by the Legislature. 
1350         Section 35. Subsection (2) of section 28.001, Florida 
1351  Statutes, is amended to read: 
1352         28.001 Definitions.—As used in this chapter: 
1353         (2) “Public records” has the same meaning as in s. 119.003 
1354  s. 119.011 and includes each official record. 
1355         Section 36. Paragraph (e) of subsection (12) of section 
1356  28.24, Florida Statutes, is amended to read: 
1357         28.24 Service charges by clerk of the circuit court.—The 
1358  clerk of the circuit court shall charge for services rendered by 
1359  the clerk’s office in recording documents and instruments and in 
1360  performing the duties enumerated in amounts not to exceed those 
1361  specified in this section. Notwithstanding any other provision 
1362  of this section, the clerk of the circuit court shall provide 
1363  without charge to the state attorney, public defender, guardian 
1364  ad litem, public guardian, attorney ad litem, criminal conflict 
1365  and civil regional counsel, and private court-appointed counsel 
1366  paid by the state, and to the authorized staff acting on behalf 
1367  of each, access to and a copy of any public record, if the 
1368  requesting party is entitled by law to view the exempt or 
1369  confidential record, as maintained by and in the custody of the 
1370  clerk of the circuit court as provided in general law and the 
1371  Florida Rules of Judicial Administration. The clerk of the 
1372  circuit court may provide the requested public record in an 
1373  electronic format in lieu of a paper format when capable of 
1374  being accessed by the requesting entity. 
1375 
1376  Charges 
1377 
1378         (12) For recording, indexing, and filing any instrument not 
1379  more than 14 inches by 8 1/2 inches, including required notice 
1380  to property appraiser where applicable: 
1381         (e) An additional service charge of $4 per page shall be 
1382  paid to the clerk of the circuit court for each instrument 
1383  listed in s. 28.222, except judgments received from the courts 
1384  and notices of lis pendens, recorded in the official records. 
1385  From the additional $4 service charge collected: 
1386         1. If the counties maintain legal responsibility for the 
1387  costs of the court-related technology needs as defined in s. 
1388  29.008(1)(f)2. and (h), 10 cents shall be distributed to the 
1389  Florida Association of Court Clerks and Comptroller, Inc., for 
1390  the cost of development, implementation, operation, and 
1391  maintenance of the clerks’ Comprehensive Case Information 
1392  System, in which system all clerks shall participate on or 
1393  before January 1, 2006; $1.90 shall be retained by the clerk to 
1394  be deposited in the Public Records Modernization Trust Fund and 
1395  used exclusively for funding court-related technology needs of 
1396  the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall 
1397  be distributed to the board of county commissioners to be used 
1398  exclusively to fund court-related technology, and court 
1399  technology needs as defined in s. 29.008(1)(f)2. and (h) for the 
1400  state trial courts, state attorney, public defender, and 
1401  criminal conflict and civil regional counsel in that county. If 
1402  the counties maintain legal responsibility for the costs of the 
1403  court-related technology needs as defined in s. 29.008(1)(f)2. 
1404  and (h), notwithstanding any other provision of law, the county 
1405  is not required to provide additional funding beyond that 
1406  provided herein for the court-related technology needs of the 
1407  clerk as defined in s. 29.008(1)(f)2. and (h). All court records 
1408  and official records are the property of the State of Florida, 
1409  including any records generated as part of the Comprehensive 
1410  Case Information System funded pursuant to this paragraph and 
1411  the clerk of court is designated as the custodian of such 
1412  records, except in a county where the duty of maintaining 
1413  official records exists in a county office other than the clerk 
1414  of court or comptroller, such county office is designated the 
1415  custodian of all official records, and the clerk of court is 
1416  designated the custodian of all court records. The clerk of 
1417  court or any entity acting on behalf of the clerk of court, 
1418  including an association, shall not charge a fee to any agency 
1419  as defined in s. 119.003 s. 119.011, the Legislature, or the 
1420  State Court System for copies of records generated by the 
1421  Comprehensive Case Information System or held by the clerk of 
1422  court or any entity acting on behalf of the clerk of court, 
1423  including an association. 
1424  2. If the state becomes legally responsible for the costs of 
1425  court-related technology needs as defined in s. 29.008(1)(f)2. 
1426  and (h), whether by operation of general law or by court order, 
1427  $4 shall be remitted to the Department of Revenue for deposit 
1428  into the General Revenue Fund. 
1429         Section 37. Subsection (2) of section 73.0155, Florida 
1430  Statutes, is amended to read: 
1431         73.0155 Confidentiality; business information provided to a 
1432  governmental condemning authority.— 
1433         (2) An agency as defined in s. 119.003 s. 119.011 may 
1434  inspect and copy the confidential and exempt business 
1435  information exclusively for the transaction of official business 
1436  by, or on behalf of, an agency. 
1437         Section 38. Subsection (1) of section 97.0585, Florida 
1438  Statutes, is amended to read: 
1439         97.0585 Public records exemption; information regarding 
1440  voters and voter registration; confidentiality.— 
1441         (1) The following information concerning voters and voter 
1442  registration held by an agency as defined in s. 119.003 s. 
1443  119.011 is confidential and exempt from s. 119.07(1) and s. 
1444  24(a), Art. I of the State Constitution and may be used only for 
1445  purposes of voter registration: 
1446         (a) All declinations to register to vote made pursuant to 
1447  ss. 97.057 and 97.058. 
1448         (b) Information relating to the place where a person 
1449  registered to vote or where a person updated a voter 
1450  registration. 
1451         (c) The social security number, driver’s license number, 
1452  and Florida identification number of a voter registration 
1453  applicant or voter. 
1454         Section 39. Paragraph (c) of subsection (2) of section 
1455  112.3188, Florida Statutes, is amended to read: 
1456         112.3188 Confidentiality of information given to the Chief 
1457  Inspector General, internal auditors, inspectors general, local 
1458  chief executive officers, or other appropriate local officials.— 
1459         (2) 
1460         (c) Information deemed confidential under this section may 
1461  be disclosed by the Chief Inspector General, agency inspector 
1462  general, local chief executive officer, or other appropriate 
1463  local official receiving the information if the recipient 
1464  determines that the disclosure of the information is absolutely 
1465  necessary to prevent a substantial and specific danger to the 
1466  public’s health, safety, or welfare or to prevent the imminent 
1467  commission of a crime. Information disclosed under this 
1468  subsection may be disclosed only to persons who are in a 
1469  position to prevent the danger to the public’s health, safety, 
1470  or welfare or to prevent the imminent commission of a crime 
1471  based on the disclosed information. 
1472         1. An investigation is active under this section if: 
1473         a. It is an ongoing investigation or inquiry or collection 
1474  of information and evidence and is continuing with a reasonable, 
1475  good faith anticipation of resolution in the foreseeable future; 
1476  or 
1477         b. All or a portion of the matters under investigation or 
1478  inquiry are active criminal intelligence information or active 
1479  criminal investigative information as defined in s. 119.003 s. 
1480  119.011. 
1481         2. Notwithstanding sub-subparagraph 1.a., an investigation 
1482  ceases to be active when: 
1483         a. The written report required under s. 112.3189(9) has 
1484  been sent by the Chief Inspector General to the recipients named 
1485  in s. 112.3189(9); 
1486         b. It is determined that an investigation is not necessary 
1487  under s. 112.3189(5); or 
1488         c. A final decision has been rendered by the local 
1489  government or by the Division of Administrative Hearings 
1490  pursuant to s. 112.3187(8)(b). 
1491         3. Notwithstanding paragraphs (a), (b), and this paragraph, 
1492  information or records received or produced under this section 
1493  which are otherwise confidential under law or exempt from 
1494  disclosure under chapter 119 retain their confidentiality or 
1495  exemption. 
1496         4. Any person who willfully and knowingly discloses 
1497  information or records made confidential under this subsection 
1498  commits a misdemeanor of the first degree, punishable as 
1499  provided in s. 775.082 or s. 775.083. 
1500         Section 40. Section 163.61, Florida Statutes, is amended to 
1501  read: 
1502         163.61 “Agency” defined.—For the purposes of ss. 163.61 
1503  163.65, the word “agency” has the meaning ascribed in s. 119.003 
1504  s. 119.011. 
1505         Section 41. Subsection (1) of section 257.34, Florida 
1506  Statutes, is amended to read: 
1507         257.34 Florida International Archive and Repository.— 
1508         (1) There is created within the Division of Library and 
1509  Information Services of the Department of State the Florida 
1510  International Archive and Repository for the preservation of 
1511  those public records, as defined in s. 119.003 s. 119.011, 
1512  manuscripts, international judgments involving disputes between 
1513  domestic and foreign businesses, and all other public matters 
1514  that the department or the Florida Council of International 
1515  Development deems relevant to international issues. It is the 
1516  duty and responsibility of the division to: 
1517         (a) Organize and administer the Florida International 
1518  Archive and Repository. 
1519         (b) Preserve and administer records that are transferred to 
1520  its custody; accept, arrange, and preserve them, according to 
1521  approved archival and repository practices; and permit them, at 
1522  reasonable times and under the supervision of the division, to 
1523  be inspected and copied. All public records transferred to the 
1524  custody of the division are subject to the provisions of s. 
1525  119.07(1). 
1526         (c) Assist the records and information management program 
1527  in the determination of retention values for records. 
1528         (d) Cooperate with and assist, insofar as practicable, 
1529  state institutions, departments, agencies, counties, 
1530  municipalities, and individuals engaged in internationally 
1531  related activities. 
1532         (e) Provide a public research room where, under rules 
1533  established by the division, the materials in the international 
1534  archive and repository may be studied. 
1535         (f) Conduct, promote, and encourage research in 
1536  international trade, government, and culture and maintain a 
1537  program of information, assistance, coordination, and guidance 
1538  for public officials, educational institutions, libraries, the 
1539  scholarly community, and the general public engaged in such 
1540  research. 
1541         (g) Cooperate with and, insofar as practicable, assist 
1542  agencies, libraries, institutions, and individuals in projects 
1543  concerned with internationally related issues and preserve 
1544  original materials relating to internationally related issues. 
1545  (h) Assist and cooperate with the records and information 
1546  management program in the training and information program 
1547  described in s. 257.36(1)(g). 
1548         Section 42. Subsection (1) of section 257.35, Florida 
1549  Statutes, is amended to read: 
1550         257.35 Florida State Archives.— 
1551         (1) There is created within the Division of Library and 
1552  Information Services of the Department of State the Florida 
1553  State Archives for the preservation of those public records, as 
1554  defined in s. 119.003(16) s. 119.011(12), manuscripts, and other 
1555  archival material that have been determined by the division to 
1556  have sufficient historical or other value to warrant their 
1557  continued preservation and have been accepted by the division 
1558  for deposit in its custody. It is the duty and responsibility of 
1559  the division to: 
1560         (a) Organize and administer the Florida State Archives. 
1561         (b) Preserve and administer such records as shall be 
1562  transferred to its custody; accept, arrange, and preserve them, 
1563  according to approved archival practices; and permit them, at 
1564  reasonable times and under the supervision of the division, to 
1565  be inspected and copied. 
1566         (c) Assist the records and information management program 
1567  in the determination of retention values for records. 
1568         (d) Cooperate with and assist insofar as practicable state 
1569  institutions, departments, agencies, counties, municipalities, 
1570  and individuals engaged in activities in the field of state 
1571  archives, manuscripts, and history and accept from any person 
1572  any paper, book, record, or similar material which in the 
1573  judgment of the division warrants preservation in the state 
1574  archives. 
1575         (e) Provide a public research room where, under rules 
1576  established by the division, the materials in the state archives 
1577  may be studied. 
1578         (f) Conduct, promote, and encourage research in Florida 
1579  history, government, and culture and maintain a program of 
1580  information, assistance, coordination, and guidance for public 
1581  officials, educational institutions, libraries, the scholarly 
1582  community, and the general public engaged in such research. 
1583         (g) Cooperate with and, insofar as practicable, assist 
1584  agencies, libraries, institutions, and individuals in projects 
1585  designed to preserve original source materials relating to 
1586  Florida history, government, and culture and prepare and publish 
1587  handbooks, guides, indexes, and other literature directed toward 
1588  encouraging the preservation and use of the state’s documentary 
1589  resources. 
1590         (h) Encourage and initiate efforts to preserve, collect, 
1591  process, transcribe, index, and research the oral history of 
1592  Florida government. 
1593         (i) Assist and cooperate with the records and information 
1594  management program in the training and information program 
1595  described in s. 257.36(1)(g). 
1596         Section 43. Section 281.301, Florida Statutes, is amended 
1597  to read: 
1598         281.301 Security systems; records and meetings exempt from 
1599  public access or disclosure.—Information relating to the 
1600  security systems for any property owned by or leased to the 
1601  state or any of its political subdivisions, and information 
1602  relating to the security systems for any privately owned or 
1603  leased property which is in the possession of any agency as 
1604  defined in s. 119.003(2) s. 119.011(2), including all records, 
1605  information, photographs, audio and visual presentations, 
1606  schematic diagrams, surveys, recommendations, or consultations 
1607  or portions thereof relating directly to or revealing such 
1608  systems or information, and all meetings relating directly to or 
1609  that would reveal such systems or information are confidential 
1610  and exempt from ss. 119.07(1) and 119.20 286.011 and other laws 
1611  and rules requiring public access or disclosure. 
1612         Section 44. Paragraph (a) of subsection (3) of section 
1613  364.107, Florida Statutes, is amended to read: 
1614         364.107 Public records exemption; Lifeline Assistance Plan 
1615  participants.— 
1616         (3)(a) An officer or employee of a telecommunications 
1617  carrier shall not intentionally disclose information made 
1618  confidential and exempt under subsection (1), except as: 
1619         1. Authorized by the customer; 
1620         2. Necessary for billing purposes; 
1621         3. Required by subpoena, court order, or other process of 
1622  court; 
1623         4. Necessary to disclose to an agency as defined in s. 
1624  119.003 s. 119.011 or a governmental entity for purposes 
1625  directly connected with implementing service for, or verifying 
1626  eligibility of, a participant in a Lifeline Assistance Plan or 
1627  auditing a Lifeline Assistance Plan; or 
1628         5. Otherwise authorized by law. 
1629         Section 45. Paragraph (d) of subsection (2) and subsection 
1630  (5) of section 382.0085, Florida Statutes, are amended to read: 
1631         382.0085 Stillbirth registration.— 
1632         (2) The person who is required to file a fetal death 
1633  certificate under this chapter shall advise the parent of a 
1634  stillborn child: 
1635         (d) That a copy of the original certificate of birth 
1636  resulting in stillbirth is a document that is available as a 
1637  public record when held by an agency as defined under s. 
1638  119.003(2) s. 119.011(2). 
1639         (5) A certificate of birth resulting in stillbirth shall be 
1640  a public record when held by an agency as defined under s. 
1641  119.003(2) s. 119.011(2). The Office of Vital Statistics must 
1642  inform any parent who requests a certificate of birth resulting 
1643  in stillbirth that a copy of the document is available as a 
1644  public record. 
1645         Section 46. Subsection (9) of section 383.402, Florida 
1646  Statutes, is amended to read: 
1647         383.402 Child abuse death review; State Child Abuse Death 
1648  Review Committee; local child abuse death review committees.— 
1649  (9) The State Child Abuse Death Review Committee or a local 
1650  committee shall have access to all information of a law 
1651  enforcement agency which is not the subject of an active 
1652  investigation and which pertains to the review of the death of a 
1653  child. A committee may not disclose any information that is not 
1654  subject to public disclosure by the law enforcement agency, and 
1655  active criminal intelligence information or criminal 
1656  investigative information, as defined in s. 119.003(6) s. 
1657  119.011(3), may not be made available for review or access under 
1658  this section. 
1659         Section 47. Subsection (9) of section 550.0251, Florida 
1660  Statutes, is amended to read: 
1661         550.0251 The powers and duties of the Division of Pari 
1662  mutuel Wagering of the Department of Business and Professional 
1663  Regulation.—The division shall administer this chapter and 
1664  regulate the pari-mutuel industry under this chapter and the 
1665  rules adopted pursuant thereto, and: 
1666         (9) The division may conduct investigations in enforcing 
1667  this chapter, except that all information obtained pursuant to 
1668  an investigation by the division for an alleged violation of 
1669  this chapter or rules of the division is exempt from s. 
1670  119.07(1) and from s. 24(a), Art. I of the State Constitution 
1671  until an administrative complaint is issued or the investigation 
1672  is closed or ceases to be active. This subsection does not 
1673  prohibit the division from providing such information to any law 
1674  enforcement agency or to any other regulatory agency. For the 
1675  purposes of this subsection, an investigation is considered to 
1676  be active while it is being conducted with reasonable dispatch 
1677  and with a reasonable, good faith belief that it could lead to 
1678  an administrative, civil, or criminal action by the division or 
1679  another administrative or law enforcement agency. Except for 
1680  active criminal intelligence or criminal investigative 
1681  information, as defined in s. 119.003 s. 119.011, and any other 
1682  information that, if disclosed, would jeopardize the safety of 
1683  an individual, all information, records, and transcriptions 
1684  become public when the investigation is closed or ceases to be 
1685  active. 
1686         Section 48. Subsection (6) of section 607.0505, Florida 
1687  Statutes, is amended to read: 
1688         607.0505 Registered agent; duties.— 
1689         (6) Information provided to, and records and transcriptions 
1690  of testimony obtained by, the Department of Legal Affairs 
1691  pursuant to this section are confidential and exempt from the 
1692  provisions of s. 119.07(1) while the investigation is active. 
1693  For purposes of this section, an investigation shall be 
1694  considered “active” while such investigation is being conducted 
1695  with a reasonable, good faith belief that it may lead to the 
1696  filing of an administrative, civil, or criminal proceeding. An 
1697  investigation does not cease to be active so long as the 
1698  department is proceeding with reasonable dispatch and there is a 
1699  good faith belief that action may be initiated by the department 
1700  or other administrative or law enforcement agency. Except for 
1701  active criminal intelligence or criminal investigative 
1702  information, as defined in s. 119.003 s. 119.011, and 
1703  information which, if disclosed, would reveal a trade secret, as 
1704  defined in s. 688.002, or would jeopardize the safety of an 
1705  individual, all information, records, and transcriptions become 
1706  public record when the investigation is completed or ceases to 
1707  be active. The department shall not disclose confidential 
1708  information, records, or transcriptions of testimony except 
1709  pursuant to the authorization by the Attorney General in any of 
1710  the following circumstances: 
1711         (a) To a law enforcement agency participating in or 
1712  conducting a civil investigation under chapter 895, or 
1713  participating in or conducting a criminal investigation. 
1714         (b) In the course of filing, participating in, or 
1715  conducting a judicial proceeding instituted pursuant to this 
1716  section or chapter 895. 
1717         (c) In the course of filing, participating in, or 
1718  conducting a judicial proceeding to enforce an order or judgment 
1719  entered pursuant to this section or chapter 895. 
1720         (d) In the course of a criminal or civil proceeding. 
1721 
1722  A person or law enforcement agency which receives any 
1723  information, record, or transcription of testimony that has been 
1724  made confidential by this subsection shall maintain the 
1725  confidentiality of such material and shall not disclose such 
1726  information, record, or transcription of testimony except as 
1727  provided for herein. Any person who willfully discloses any 
1728  information, record, or transcription of testimony that has been 
1729  made confidential by this subsection, except as provided for 
1730  herein, is guilty of a misdemeanor of the first degree, 
1731  punishable as provided in s. 775.082 or s. 775.083. If any 
1732  information, record, or testimony obtained pursuant to 
1733  subsection (2) is offered in evidence in any judicial 
1734  proceeding, the court may, in its discretion, seal that portion 
1735  of the record to further the policies of confidentiality set 
1736  forth herein. 
1737         Section 49. Subsection (6) of section 617.0503, Florida 
1738  Statutes, is amended to read: 
1739         617.0503 Registered agent; duties; confidentiality of 
1740  investigation records.— 
1741         (6) Information provided to, and records and transcriptions 
1742  of testimony obtained by, the Department of Legal Affairs 
1743  pursuant to this section are confidential and exempt from the 
1744  provisions of s. 119.07(1) and s. 24(a), Art. I of the State 
1745  Constitution while the investigation is active. For purposes of 
1746  this section, an investigation shall be considered “active” 
1747  while such investigation is being conducted with a reasonable, 
1748  good faith belief that it may lead to the filing of an 
1749  administrative, civil, or criminal proceeding. An investigation 
1750  does not cease to be active so long as the department is 
1751  proceeding with reasonable dispatch and there is a good faith 
1752  belief that action may be initiated by the department or other 
1753  administrative or law enforcement agency. Except for active 
1754  criminal intelligence or criminal investigative information, as 
1755  defined in s. 119.003 s. 119.011, and information which, if 
1756  disclosed, would reveal a trade secret, as defined in s. 
1757  688.002, or would jeopardize the safety of an individual, all 
1758  information, records, and transcriptions become available to the 
1759  public when the investigation is completed or ceases to be 
1760  active. The department shall not disclose confidential 
1761  information, records, or transcriptions of testimony except 
1762  pursuant to authorization by the Attorney General in any of the 
1763  following circumstances: 
1764         (a) To a law enforcement agency participating in or 
1765  conducting a civil investigation under chapter 895, or 
1766  participating in or conducting a criminal investigation. 
1767         (b) In the course of filing, participating in, or 
1768  conducting a judicial proceeding instituted pursuant to this 
1769  section or chapter 895. 
1770         (c) In the course of filing, participating in, or 
1771  conducting a judicial proceeding to enforce an order or judgment 
1772  entered pursuant to this section or chapter 895. 
1773         (d) In the course of a criminal proceeding. 
1774 
1775  A person or law enforcement agency that receives any 
1776  information, record, or transcription of testimony that has been 
1777  made confidential by this subsection shall maintain the 
1778  confidentiality of such material and shall not disclose such 
1779  information, record, or transcription of testimony except as 
1780  provided for herein. Any person who willfully discloses any 
1781  information, record, or transcription of testimony that has been 
1782  made confidential by this subsection, except as provided for in 
1783  this subsection, commits a misdemeanor of the first degree, 
1784  punishable as provided in s. 775.082 or s. 775.083. If any 
1785  information, record, or testimony obtained pursuant to 
1786  subsection (2) is offered in evidence in any judicial 
1787  proceeding, the court may, in its discretion, seal that portion 
1788  of the record to further the policies of confidentiality set 
1789  forth in this subsection. 
1790         Section 50. Subsection (3) of section 636.064, Florida 
1791  Statutes, is amended to read: 
1792         636.064 Confidentiality.— 
1793         (3) Any information obtained or produced by the department 
1794  or office pursuant to an examination or investigation is 
1795  confidential and exempt from the provisions of s. 119.07(1) and 
1796  s. 24(a), Art. I of the State Constitution until the examination 
1797  report has been filed pursuant to s. 624.319 or until such 
1798  investigation is completed or ceases to be active. For purposes 
1799  of this subsection, an investigation is considered “active” 
1800  while such investigation is being conducted by the department or 
1801  office with a reasonable, good faith belief that it may lead to 
1802  the filing of administrative, civil, or criminal proceedings. An 
1803  investigation does not cease to be active if the department or 
1804  office is proceeding with reasonable dispatch and there is a 
1805  good faith belief that action may be initiated by the department 
1806  or office or other administrative or law enforcement agency. 
1807  Except for active criminal intelligence or criminal 
1808  investigative information, as defined in s. 119.003 s. 119.011; 
1809  personal financial and medical information; information that 
1810  would defame or cause unwarranted damage to the good name or 
1811  reputation of an individual; information that would impair the 
1812  safety and financial soundness of the licensee or affiliated 
1813  party; proprietary financial information; or information that 
1814  would reveal the identity of a confidential source, all 
1815  information obtained by the department or office pursuant to an 
1816  examination or investigation shall be available after the 
1817  examination report has been filed or the investigation is 
1818  completed or ceases to be active. 
1819         Section 51. Paragraph (m) of subsection (2) of section 
1820  668.50, Florida Statutes, is amended to read: 
1821         668.50 Uniform Electronic Transaction Act.— 
1822         (2) DEFINITIONS.—As used in this section: 
1823         (m) “Record” means information that is inscribed on a 
1824  tangible medium or that is stored in an electronic or other 
1825  medium and is retrievable in perceivable form, including public 
1826  records as defined in s. 119.003 s. 119.011. 
1827         Section 52. Section 668.6076, Florida Statutes, is amended 
1828  to read: 
1829         668.6076 Public records status of e-mail addresses; agency 
1830  website notice.—Any agency, as defined in s. 119.003 s. 119.011, 
1831  or legislative entity that operates a website and uses 
1832  electronic mail shall post the following statement in a 
1833  conspicuous location on its website: 
1834 
1835         Under Florida law, e-mail addresses are public 
1836         records. If you do not want your e-mail address 
1837         released in response to a public records request, do 
1838         not send electronic mail to this entity. Instead, 
1839         contact this office by phone or in writing. 
1840         Section 53. Paragraph (c) of subsection (4) of section 
1841  741.313, Florida Statutes, is amended to read: 
1842         741.313 Unlawful action against employees seeking 
1843  protection.— 
1844         (4) 
1845         (c)1. A private employer must keep all information relating 
1846  to the employee’s leave under this section confidential. 
1847         2. An agency, as defined in s. 119.003 s. 119.011, must 
1848  keep information relating to the employee’s leave under this 
1849  section confidential and exempt from disclosure to the extent 
1850  authorized by subsection (7). 
1851         Section 54. Paragraph (c) of subsection (6) of section 
1852  787.03, Florida Statutes, is amended to read: 
1853         787.03 Interference with custody.— 
1854         (6) 
1855         (c)1. The current address and telephone number of the 
1856  person and the minor or incompetent person which are contained 
1857  in the report made to a sheriff or state attorney under 
1858  paragraph (b) are confidential and exempt from s. 119.07(1) and 
1859  s. 24(a), Art. I of the State Constitution. 
1860         2. A sheriff or state attorney may allow an agency, as 
1861  defined in s. 119.003 s. 119.011, to inspect and copy records 
1862  made confidential and exempt under this paragraph in the 
1863  furtherance of that agency’s duties and responsibilities. 
1864         3. This paragraph is subject to the Open Government Sunset 
1865  Review Act in accordance with s. 119.15 and is repealed on 
1866  October 2, 2011, unless reviewed and saved from repeal through 
1867  reenactment by the Legislature. 
1868         Section 55. Subsection (5) of section 817.568, Florida 
1869  Statutes, is amended to read: 
1870         817.568 Criminal use of personal identification 
1871  information.— 
1872         (5) If an offense prohibited under this section was 
1873  facilitated or furthered by the use of a public record, as 
1874  defined in s. 119.003 s. 119.011, the offense is reclassified to 
1875  the next higher degree as follows: 
1876         (a) A misdemeanor of the first degree is reclassified as a 
1877  felony of the third degree. 
1878         (b) A felony of the third degree is reclassified as a 
1879  felony of the second degree. 
1880         (c) A felony of the second degree is reclassified as a 
1881  felony of the first degree. 
1882 
1883  For purposes of sentencing under chapter 921 and incentive gain 
1884  time eligibility under chapter 944, a felony offense that is 
1885  reclassified under this subsection is ranked one level above the 
1886  ranking under s. 921.0022 of the felony offense committed, and a 
1887  misdemeanor offense that is reclassified under this subsection 
1888  is ranked in level 2 of the offense severity ranking chart in s. 
1889  921.0022. 
1890         Section 56. Section 817.569, Florida Statutes, is amended 
1891  to read: 
1892         817.569 Criminal use of a public record or public records 
1893  information; penalties.—A person who knowingly uses any public 
1894  record, as defined in s. 119.003 s. 119.011, or who knowingly 
1895  uses information obtainable only through such public record, to 
1896  facilitate or further the commission of: 
1897         (1) A misdemeanor of the first degree, commits a 
1898  misdemeanor of the first degree, punishable as provided in s. 
1899  775.082 or s. 775.083. 
1900         (2) A felony, commits a felony of the third degree, 
1901  punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
1902         Section 57. Paragraphs (a) and (c) of subsection (3) of 
1903  section 893.0551, Florida Statutes, are amended to read: 
1904         893.0551 Public records exemption for the prescription drug 
1905  monitoring program.— 
1906         (3) The department shall disclose such confidential and 
1907  exempt information to the following entities after using a 
1908  verification process to ensure the legitimacy of that person’s 
1909  or entity’s request for the information: 
1910         (a) The Attorney General and his or her designee when 
1911  working on Medicaid fraud cases involving prescription drugs or 
1912  when the Attorney General has initiated a review of specific 
1913  identifiers of Medicaid fraud regarding prescription drugs. The 
1914  Attorney General or his or her designee may disclose the 
1915  confidential and exempt information received from the department 
1916  to a criminal justice agency as defined in s. 119.003 s. 119.011 
1917  as part of an active investigation that is specific to a 
1918  violation of prescription drug abuse or prescription drug 
1919  diversion law as it relates to controlled substances. The 
1920  Attorney General’s Medicaid fraud investigators may not have 
1921  direct access to the department’s database. 
1922         (c) A law enforcement agency that has initiated an active 
1923  investigation involving a specific violation of law regarding 
1924  prescription drug abuse or diversion of prescribed controlled 
1925  substances. The law enforcement agency may disclose the 
1926  confidential and exempt information received from the department 
1927  to a criminal justice agency as defined in s. 119.003 s. 119.011 
1928  as part of an active investigation that is specific to a 
1929  violation of prescription drug abuse or prescription drug 
1930  diversion law as it relates to controlled substances. A law 
1931  enforcement agency may request information from the department 
1932  but may not have direct access to its database. 
1933         Section 58. Subsection (5) of section 914.27, Florida 
1934  Statutes, is amended to read: 
1935         914.27 Confidentiality of victim and witness information.— 
1936         (5) For the purposes of effectively implementing s. 914.25, 
1937  any state or local law enforcement agency, state attorney, or 
1938  the statewide prosecutor may provide written notification to an 
1939  agency as defined in s. 119.003 s. 119.011 or to a business 
1940  entity operating under contract with, licensed by, or having any 
1941  other business relationship with an agency, or providing 
1942  services pursuant to s. 914.25, that information described in 
1943  subsection (1) held by that agency or business is confidential 
1944  and exempt from public disclosure. The state or local law 
1945  enforcement agency, state attorney, or the statewide prosecutor 
1946  providing such written notification shall also provide written 
1947  notification to the agency or business as to when, in accordance 
1948  with this section, identity and location information exempted 
1949  pursuant to paragraphs (1)(a) and (b) can be made publicly 
1950  available. 
1951         Section 59. Paragraphs (a) and (b) of subsection (9) of 
1952  section 943.031, Florida Statutes, are amended to read: 
1953         943.031 Florida Violent Crime and Drug Control Council.— 
1954         (9) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL MEETINGS 
1955  AND RECORDS.— 
1956         (a) The Legislature finds that during limited portions of 
1957  the meetings of the Florida Violent Crime and Drug Control 
1958  Council it is necessary that the council be presented with and 
1959  discuss details, information, and documents related to active 
1960  criminal investigations or matters constituting active criminal 
1961  intelligence, as those concepts are defined by s. 119.003 s. 
1962  119.011. These presentations and discussions are necessary for 
1963  the council to make its funding decisions as required by the 
1964  Legislature. The Legislature finds that to reveal the contents 
1965  of documents containing active criminal investigative or 
1966  intelligence information or to allow active criminal 
1967  investigative or active criminal intelligence matters to be 
1968  discussed in a meeting open to the public negatively impacts the 
1969  ability of law enforcement agencies to efficiently continue 
1970  their investigative or intelligence gathering activities. The 
1971  Legislature finds that information coming before the council 
1972  that pertains to active criminal investigations or intelligence 
1973  should remain confidential and exempt from public disclosure. 
1974  The Legislature finds that the Florida Violent Crime and Drug 
1975  Control Council may, by declaring only those portions of council 
1976  meetings in which active criminal investigative or active 
1977  criminal intelligence information is to be presented or 
1978  discussed closed to the public, assure an appropriate balance 
1979  between the policy of this state that meetings be public and the 
1980  policy of this state to facilitate efficient law enforcement 
1981  efforts. 
1982         (b) The Florida Violent Crime and Drug Control Council 
1983  shall be considered a “criminal justice agency” within the 
1984  definition of s. 119.003(8) s. 119.011(4). 
1985         Section 60. Subsection (7) of section 943.0313, Florida 
1986  Statutes, is amended to read: 
1987         943.0313 Domestic Security Oversight Council.—The 
1988  Legislature finds that there exists a need to provide executive 
1989  direction and leadership with respect to terrorism prevention, 
1990  preparation, protection, response, and recovery efforts by state 
1991  and local agencies in this state. In recognition of this need, 
1992  the Domestic Security Oversight Council is hereby created. The 
1993  council shall serve as an advisory council pursuant to s. 
1994  20.03(7) to provide guidance to the state’s regional domestic 
1995  security task forces and other domestic security working groups 
1996  and to make recommendations to the Governor and the Legislature 
1997  regarding the expenditure of funds and allocation of resources 
1998  related to counter-terrorism and domestic security efforts. 
1999         (7) AGENCY DESIGNATION.—For purposes of this section, the 
2000  Domestic Security Oversight Council shall be considered a 
2001  criminal justice agency within the definition of s. 119.003(8) 
2002  s. 119.011(4). 
2003         Section 61. Paragraph (a) of subsection (1) of section 
2004  943.0314, Florida Statutes, is amended to read: 
2005         943.0314 Public records and public meetings exemptions; 
2006  Domestic Security Oversight Council.— 
2007         (1)(a) That portion of a meeting of the Domestic Security 
2008  Oversight Council at which the council will hear or discuss 
2009  active criminal investigative information or active criminal 
2010  intelligence information as defined in s. 119.003 s. 119.011 is 
2011  exempt from s. 119.20 s. 286.011 and s. 24(b), Art. I of the 
2012  State Constitution, if: 
2013         1. The chair of the council announces at a public meeting 
2014  that, in connection with the performance of the council’s 
2015  duties, it is necessary that active criminal investigative 
2016  information or active criminal intelligence information be 
2017  discussed. 
2018         2. The chair declares the specific reasons that it is 
2019  necessary to close the meeting, or portion thereof, in a 
2020  document that is a public record and filed with the official 
2021  records of the council. 
2022         3. The entire closed meeting is recorded. The recording 
2023  must include the times of commencement and termination of the 
2024  closed meeting or portion thereof, all discussion and 
2025  proceedings, and the names of the persons present. No portion of 
2026  the closed meeting shall be off the record. The recording shall 
2027  be maintained by the council. 
2028         Section 62. Subsection (2) of section 943.032, Florida 
2029  Statutes, is amended to read: 
2030         943.032 Financial Crime Analysis Center and Financial 
2031  Transaction Database.— 
2032         (2) The department shall compile information and data 
2033  available from financial transaction reports required to be 
2034  submitted by state or federal law that are provided to the 
2035  Department of Financial Services, to the Office of Financial 
2036  Regulation of the Financial Services Commission, to the 
2037  Department of Revenue, or to which the department otherwise has 
2038  access. Information and data so received shall be utilized by 
2039  the department in the Financial Transaction Database. The 
2040  department shall implement a system utilizing the database that 
2041  allows data review and processing to reveal patterns, trends, 
2042  and correlations that are indicative of money laundering or 
2043  other financial transactions indicative of criminal activity. 
2044  The department shall, in consultation with the Department of 
2045  Financial Services, the Office of Financial Regulation of the 
2046  Financial Services Commission, and the Department of Revenue, 
2047  establish the methods and parameters by which information and 
2048  data received by such agencies are transferred to the department 
2049  for inclusion in the database. Information developed in or 
2050  through the use of the database shall be made available to law 
2051  enforcement agencies and prosecutors in this state in a manner 
2052  defined by the department and as allowed by state or federal law 
2053  or regulation. All information contained in the database shall 
2054  be considered “active criminal intelligence” or “active criminal 
2055  investigative information” as defined in s. 119.003 s. 119.011. 
2056         Section 63. This act shall take effect October 1, 2010.