Bill Text: FL S1598 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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Florida Senate - 2010                                    SB 1598 
 
By Senator Dockery 
15-01342-10                                           20101598__ 
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 “Open 
4         Government Act”; amending s. 119.01, F.S.; providing 
5         general principles of the act; amending s. 119.011, 
6         F.S.; defining the terms “actual cost to duplicate,” 
7         “exempt,” “confidential and exempt,” and “trade 
8         secret”; amending s. 119.07, F.S.; requiring that the 
9         custodian of a public record furnish a copy or 
10         certified copy of the record to the person requesting 
11         the record after payment of a designated fee; 
12         establishing fee lists for duplicating public records; 
13         providing that the actual cost to duplicate a record 
14         may be charged for certain specified records; 
15         authorizing an agency to reduce or waive a fee 
16         pursuant to consistent policies; transferring, 
17         renumbering, and amending s. 286.011, F.S.; requiring 
18         that all meetings of any collegial body of any agency 
19         at which an official act is taken be open to the 
20         public at all times except as otherwise provided in 
21         the State Constitution; providing that a resolution, 
22         rule, or formal action is not binding unless it is 
23         adopted or taken at a public meeting; requiring that 
24         an agency prepare minutes of a public meeting and make 
25         the minutes available to the public; prohibiting an 
26         agency from holding a public meeting at a facility or 
27         location that discriminates on the basis of sex, age, 
28         race, creed, color, origin, or economic status or 
29         operates in such a manner as to unreasonably restrict 
30         public access to the facility; transferring provisions 
31         governing court jurisdiction, penalties, and 
32         discussions of pending litigation involving a 
33         governmental entity; repealing s. 286.0111, F.S., 
34         relating to the legislative review of certain 
35         exemptions from requirements for public meetings and 
36         recordkeeping by governmental entities; transferring, 
37         renumbering, and amending s. 286.0113, F.S.; providing 
38         that an agency may meet in private with the entity’s 
39         attorney to discuss pending litigation to which the 
40         entity is presently a party before a court or 
41         administrative agency; setting forth the conditions 
42         that must be followed during such a private 
43         discussion; transferring, renumbering, and amending s. 
44         286.012, F.S.; requiring that a member of a state, 
45         county, or municipal government board or agency vote 
46         on official business if he or she is present at a 
47         meeting of the body at which the official business, 
48         ruling, or other official act is to be decided; 
49         providing an exception if there appears to be a 
50         possible conflict of interest; transferring, 
51         renumbering, and amending s. 286.26, F.S.; providing 
52         that a person with a disability must have access to 
53         the facility where the public meeting is being held; 
54         amending s. 119.15, F.S.; providing for the repeal of 
55         a reenacted exemption in the 10th year after each 
56         reenactment unless the Legislature reenacts the 
57         exemption; transferring, renumbering, and amending s. 
58         119.10, F.S.; providing noncriminal and criminal 
59         penalties for violations of the public-records and 
60         public-meetings laws; transferring, renumbering, and 
61         amending s. 119.11, F.S.; providing that the circuit 
62         courts of this state have jurisdiction to issue 
63         injunctions to enforce the purposes of the public 
64         records and public-meetings laws; providing for 
65         immediate hearings; transferring, renumbering, and 
66         amending s. 119.12, F.S.; providing for attorney’s 
67         fees if the agency has denied or restricted access to 
68         public records or public meetings; amending ss. 
69         213.732, 282.711, 409.2558, and 921.0022, F.S.; 
70         conforming cross-references; providing an effective 
71         date. 
72 
73         WHEREAS, an open and accessible government is the key to 
74  establishing and maintaining the people’s trust and confidence 
75  in their government and its ability to effectively serve its 
76  residents, and 
77         WHEREAS, the State of Florida has a long history of 
78  providing public access to the records and meetings of public 
79  entities, and 
80         WHEREAS, Florida must continually strive to be a national 
81  leader in open government reform, and 
82         WHEREAS, on June 19, 2007, Governor Charlie Crist created 
83  the Commission on Open Government Reform to review, evaluate, 
84  and issue recommendations regarding Florida’s public-records and 
85  public-meetings laws, and 
86         WHEREAS, the Commission on Open Government Reform received 
87  public testimony requesting the need for greater ease of access 
88  to public records and public meetings, the need to increase the 
89  respect with which our government agencies interact with state 
90  residents, and create a culture that will build the public’s 
91  trust and confidence in their government and its ability to 
92  serve the people, and 
93         WHEREAS, streamlining and clarifying applicable laws and 
94  policies will result in making government more open, accessible, 
95  and accountable to the residents of this state, NOW, THEREFORE, 
96 
97  Be It Enacted by the Legislature of the State of Florida: 
98 
99         Section 1. Section 119.001, Florida Statutes, is created to 
100  read: 
101         119.001 Short title.—This chapter may be cited as the “Open 
102  Government Act.” 
103         Section 2. Section 119.01, Florida Statutes, is amended to 
104  read: 
105         119.01 General state policy on public records; Open 
106  Government Bill of Rights.— 
107         (1) It is the policy of this state that all state, county, 
108  and municipal records are open for personal inspection and 
109  copying by any person. Providing access to public records is a 
110  duty of each agency. 
111         (2)(a) The Open Government Bill of Rights includes the 
112  following principles: 
113         1. Access to public records and public meetings are rights 
114  secured under this chapter and s. 24, Art. I of the State 
115  Constitution. 
116         2. Every person has the right to: 
117         a. Inspect or copy any public record that is made or 
118  received in connection with the official business of any public 
119  body, officer, or employee, unless the record is specifically 
120  exempt from this requirement. 
121         b. Attend any meeting of a collegial public body at which 
122  official public business is to be transacted or discussed, 
123  unless the meeting is specifically exempt from this requirement. 
124         3. Every person is entitled to be treated with respect, 
125  courtesy, and professionalism. 
126         4. A public-records request need not be made in writing 
127  unless otherwise explicitly required by law. 
128         5. An agency must promptly acknowledge the receipt of a 
129  public-records request. 
130         6. Fees to produce public records may not exceed the amount 
131  authorized by law. Every person has the right to receive an 
132  itemized invoice of the estimated cost to produce the public 
133  record that is requested. 
134         (b) All agencies must: 
135         1. Comply with the Open Government Bill of Rights for the 
136  purpose of safeguarding and protecting a resident’s right to 
137  access public records and meetings. 
138         2. Conspicuously post the Open Government Bill of Rights on 
139  the agency’s website and at the agency’s headquarters. 
140         3. Promptly acknowledge requests to inspect or copy public 
141  records. 
142         (c) If a specific statute requires that a request for a 
143  public record be made in writing, the statutory citation must be 
144  provided to the person requesting the public record. 
145         (d) An itemized invoice of the estimated cost to produce 
146  the requested public record must include the statutory citation 
147  that authorizes the imposition of fees and that is specifically 
148  related to the requested public record. 
149         (3)(2)(a) Automation of public records must not erode the 
150  right of access to those records. As each agency increases its 
151  use of and dependence on electronic recordkeeping, each agency 
152  must provide reasonable public access to records electronically 
153  maintained and must ensure that exempt or confidential records 
154  are not disclosed except as otherwise permitted by law. 
155         (b) When designing or acquiring an electronic recordkeeping 
156  system, an agency must consider whether such system is capable 
157  of providing data in some common format such as, but not limited 
158  to, the American Standard Code for Information Interchange. 
159         (c) An agency may not enter into a contract for the 
160  creation or maintenance of a public records database if that 
161  contract impairs the ability of the public to inspect or copy 
162  the public records of the agency, including public records that 
163  are online or stored in an electronic recordkeeping system used 
164  by the agency. 
165         (d) Subject to the restrictions of copyright and trade 
166  secret laws and public-records public records exemptions, agency 
167  use of proprietary software must not diminish the right of the 
168  public to inspect and copy a public record. 
169         (e) Providing access to public records by remote electronic 
170  means is an additional method of access that agencies should 
171  strive to provide to the extent feasible. If an agency provides 
172  access to public records by remote electronic means, such access 
173  should be provided in the most cost-effective and efficient 
174  manner available to the agency providing the information. 
175         (f) Each agency that maintains a public record in an 
176  electronic recordkeeping system shall provide to any person, 
177  pursuant to this chapter, a copy of any public record in that 
178  system which is not exempted by law from public disclosure. An 
179  agency must provide a copy of the record in the medium requested 
180  if the agency maintains the record in that medium, and the 
181  agency may charge a fee in accordance with this chapter. For the 
182  purpose of satisfying a public-records public records request, 
183  the fee to be charged by an agency if it elects to provide a 
184  copy of a public record in a medium not routinely used by the 
185  agency, or if it elects to compile information not routinely 
186  developed or maintained by the agency or that requires a 
187  substantial amount of manipulation or programming, must be in 
188  accordance with s. 119.07(4). 
189         (4)(3) If public funds are expended by an agency in payment 
190  of dues or membership contributions for any person, corporation, 
191  foundation, trust, association, group, or other organization, 
192  all the financial, business, and membership records of that 
193  person, corporation, foundation, trust, association, group, or 
194  other organization which pertain to the public agency are public 
195  records and subject to the provisions of s. 119.07. 
196         Section 3. Subsections (1) and (8) of section 119.011, 
197  Florida Statutes, are amended, and subsection (15) is added to 
198  that section, to read: 
199         119.011 Definitions.—As used in this chapter, the term: 
200         (1) “Actual cost to duplicate of duplication” means the 
201  actual direct cost of the agency’s resources used to comply with 
202  a public-records request, including the cost of materials and 
203  supplies, information technology resources, and staff costs as 
204  provided in this subsection. 
205         (a) Staff costs may be charged only for a public-record 
206  request that requires more than 30 minutes of the staff member’s 
207  time to complete. Staff costs must be calculated based on the 
208  base hourly rate of the lowest paid staff member who is capable 
209  of providing the requested public record, including the cost of 
210  any supervisory assistance. 
211         (b) For public records that are used, stored, or maintained 
212  electronically, if the person requesting the public record 
213  requests that the record be provided in a format that is not 
214  ordinarily used, stored, or maintained, the cost to produce or 
215  convert the information into the requested format may be 
216  calculated as part of the actual cost to duplicate cost of the 
217  material and supplies used to duplicate the public record, but 
218  does not include labor cost or overhead cost associated with 
219  such duplication. 
220         (8)(a) “Exemption” means a provision of general law which 
221  provides that a specified record or meeting, or portion thereof, 
222  is not subject to the access requirements of s. 119.07(1), s. 
223  119.13 s. 286.011, or s. 24, Art. I of the State Constitution. 
224         (b) “Exempt” and “confidential and exempt” mean that a 
225  specified record or meeting, or portion thereof, is not subject 
226  to the access requirements of s. 119.07(1), s. 119.13(1), or s. 
227  24, Art. I of the State Constitution, and that the record or 
228  record of the meeting may be released only to those persons and 
229  entities who are designated by law to view the record or attend 
230  the meeting. 
231         (15) “Trade secret” has the same meaning as provided in s. 
232  688.002. 
233         Section 4. Subsection (2), paragraph (d) of subsection (3), 
234  and subsections (4) and (7) of section 119.07, Florida Statutes, 
235  are amended to read: 
236         119.07 Inspection and copying of records; photographing 
237  public records; fees; exemptions.— 
238         (2)(a) As an additional means of inspecting or copying 
239  public records, a custodian of public records may provide access 
240  to public records by remote electronic means, provided exempt or 
241  confidential information is not disclosed. 
242         (b) The custodian of public records shall provide 
243  safeguards to protect the contents of public records from 
244  unauthorized remote electronic access or alteration and to 
245  prevent the disclosure or modification of those portions of 
246  public records which are exempt or confidential from subsection 
247  (1) or s. 24, Art. I of the State Constitution. 
248         (c) Unless otherwise required by law, the custodian of 
249  public records may charge a fee for remote electronic access, 
250  granted under a contractual arrangement with a user, which fee 
251  may include the direct and indirect costs of providing such 
252  access. Fees for remote electronic access provided to the 
253  general public shall be in accordance with the provisions of 
254  this section. 
255         (3) 
256         (d) Photographing of public records shall be done in the 
257  room where the public records are kept. If, in the judgment of 
258  the custodian of public records, this is impossible or 
259  impracticable, photographing shall be done in another room or 
260  place, as nearly adjacent as possible to the room where the 
261  public records are kept, to be determined by the custodian of 
262  public records. Where provision of another room or place for 
263  photographing is required, the expense of providing the same 
264  shall be paid by the person desiring to photograph the public 
265  record pursuant to paragraph (4)(d) (4)(e). 
266         (4) The custodian of public records shall furnish a copy or 
267  a certified copy of the public record when the person requesting 
268  the record pays the fee as provided in this section, or as 
269  otherwise specifically provided by law upon payment of the fee 
270  prescribed by law. If a fee is not prescribed by law, the 
271  following fees are authorized: 
272         (a) For duplicated copies of documents that are sized 14 
273  inches by 8 1/2 inches or less: 
274         1. Up to 15 cents per page for each one-sided copy. for 
275  duplicated copies of not more than 14 inches by 8 1/2 inches; 
276         2. Up to 20 cents per page for each No more than an 
277  additional 5 cents for each two-sided copy.; and 
278         3. Up to $1 for each duplicated copy requested to be 
279  certified For all other copies, the actual cost of duplication 
280  of the public record. 
281         (b) The actual cost to duplicate may be charged for: 
282         1. Duplicated copies of documents that are sized larger 
283  than 14 inches by 8 1/2 inches. The charge for 
284         2. Copies of county maps or aerial photographs supplied by 
285  county constitutional officers may also include a reasonable 
286  charge for the labor and overhead associated with their 
287  duplication. 
288         3. Copies of public records that are electronically used, 
289  stored, or maintained by an agency, including any cost to 
290  convert or export the record into the electronic format 
291  requested. 
292         (c) An agency may reduce or waive the fees provided in this 
293  section for a valid public purpose, including nonprofit 
294  activities and academic research. The agency must develop and 
295  implement consistent policies regarding any fee reductions or 
296  waivers charge up to $1 per copy for a certified copy of a 
297  public record. 
298         (d) If the nature or volume of public records requested to 
299  be inspected or copied pursuant to this subsection is such as to 
300  require extensive use of information technology resources or 
301  extensive clerical or supervisory assistance by personnel of the 
302  agency involved, or both, the agency may charge, in addition to 
303  the actual cost of duplication, a special service charge, which 
304  shall be reasonable and shall be based on the cost incurred for 
305  such extensive use of information technology resources or the 
306  labor cost of the personnel providing the service that is 
307  actually incurred by the agency or attributable to the agency 
308  for the clerical and supervisory assistance required, or both. 
309         (d)(e)1. Where provision of another room or place is 
310  necessary to photograph public records, the expense of providing 
311  the records same shall be paid by the person desiring to 
312  photograph the public records. 
313         2. The custodian of public records may charge the person 
314  making the photographs for supervision services at a rate of 
315  compensation to be agreed upon by the person desiring to make 
316  the photographs and the custodian of public records. If they 
317  fail to agree as to the appropriate charge, the charge shall be 
318  determined by the custodian of public records. 
319         (7) An exemption from this section does not imply an 
320  exemption from s. 119.13(1) s. 286.011. The exemption from s. 
321  119.13(1) s. 286.011 must be expressly provided. 
322         Section 5. Section 286.011, Florida Statutes, is 
323  transferred, renumbered as section 119.13, Florida Statutes, and 
324  amended to read: 
325         119.13 286.011 Public meetings and records of meetings; 
326  access to public meetings inspection; criminal and civil 
327  penalties.— 
328         (1) Except as otherwise provided in the State Constitution, 
329  all meetings of any collegial body of any agency board or 
330  commission of any state agency or authority or of any agency or 
331  authority of any county, municipal corporation, or political 
332  subdivision, except as otherwise provided in the Constitution, 
333  at which official acts are to be taken are declared to be public 
334  meetings open to the public at all times. A, and no resolution, 
335  rule, or formal action is not shall be considered binding unless 
336  it is adopted or taken at a public meeting except as taken or 
337  made at such meeting. The agency board or commission must 
338  provide reasonable notice of all such meetings. 
339         (2) The agency shall ensure that minutes of a public 
340  meeting are taken and of any such board or commission of any 
341  such state agency or authority shall be promptly recorded. 
342  Meeting minutes, and such records shall be open to public 
343  inspection. The circuit courts of this state shall have 
344  jurisdiction to issue injunctions to enforce the purposes of 
345  this section upon application by any citizen of this state. 
346         (3)(a) Any public officer who violates any provision of 
347  this section is guilty of a noncriminal infraction, punishable 
348  by fine not exceeding $500. 
349         (b) Any person who is a member of a board or commission or 
350  of any state agency or authority of any county, municipal 
351  corporation, or political subdivision who knowingly violates the 
352  provisions of this section by attending a meeting not held in 
353  accordance with the provisions hereof is guilty of a misdemeanor 
354  of the second degree, punishable as provided in s. 775.082 or s. 
355  775.083. 
356         (c) Conduct which occurs outside the state which would 
357  constitute a knowing violation of this section is a misdemeanor 
358  of the second degree, punishable as provided in s. 775.082 or s. 
359  775.083. 
360         (4) Whenever an action has been filed against any board or 
361  commission of any state agency or authority or any agency or 
362  authority of any county, municipal corporation, or political 
363  subdivision to enforce the provisions of this section or to 
364  invalidate the actions of any such board, commission, agency, or 
365  authority, which action was taken in violation of this section, 
366  and the court determines that the defendant or defendants to 
367  such action acted in violation of this section, the court shall 
368  assess a reasonable attorney’s fee against such agency, and may 
369  assess a reasonable attorney’s fee against the individual filing 
370  such an action if the court finds it was filed in bad faith or 
371  was frivolous. Any fees so assessed may be assessed against the 
372  individual member or members of such board or commission; 
373  provided, that in any case where the board or commission seeks 
374  the advice of its attorney and such advice is followed, no such 
375  fees shall be assessed against the individual member or members 
376  of the board or commission. However, this subsection shall not 
377  apply to a state attorney or his or her duly authorized 
378  assistants or any officer charged with enforcing the provisions 
379  of this section. 
380         (5) Whenever any board or commission of any state agency or 
381  authority or any agency or authority of any county, municipal 
382  corporation, or political subdivision appeals any court order 
383  which has found said board, commission, agency, or authority to 
384  have violated this section, and such order is affirmed, the 
385  court shall assess a reasonable attorney’s fee for the appeal 
386  against such board, commission, agency, or authority. Any fees 
387  so assessed may be assessed against the individual member or 
388  members of such board or commission; provided, that in any case 
389  where the board or commission seeks the advice of its attorney 
390  and such advice is followed, no such fees shall be assessed 
391  against the individual member or members of the board or 
392  commission. 
393         (3)(6) An agency may not hold All persons subject to 
394  subsection (1) are prohibited from holding meetings at any 
395  facility or location that: which 
396         (a) Discriminates on the basis of sex, age, race, creed, 
397  color, origin, or economic status; or which 
398         (b) Operates in such a manner as to unreasonably restrict 
399  public access to the such a facility. 
400         (7) Whenever any member of any board or commission of any 
401  state agency or authority or any agency or authority of any 
402  county, municipal corporation, or political subdivision is 
403  charged with a violation of this section and is subsequently 
404  acquitted, the board or commission is authorized to reimburse 
405  said member for any portion of his or her reasonable attorney’s 
406  fees. 
407         (8) Notwithstanding the provisions of subsection (1), any 
408  board or commission of any state agency or authority or any 
409  agency or authority of any county, municipal corporation, or 
410  political subdivision, and the chief administrative or executive 
411  officer of the governmental entity, may meet in private with the 
412  entity’s attorney to discuss pending litigation to which the 
413  entity is presently a party before a court or administrative 
414  agency, provided that the following conditions are met: 
415         (a) The entity’s attorney shall advise the entity at a 
416  public meeting that he or she desires advice concerning the 
417  litigation. 
418         (b) The subject matter of the meeting shall be confined to 
419  settlement negotiations or strategy sessions related to 
420  litigation expenditures. 
421         (c) The entire session shall be recorded by a certified 
422  court reporter. The reporter shall record the times of 
423  commencement and termination of the session, all discussion and 
424  proceedings, the names of all persons present at any time, and 
425  the names of all persons speaking. No portion of the session 
426  shall be off the record. The court reporter’s notes shall be 
427  fully transcribed and filed with the entity’s clerk within a 
428  reasonable time after the meeting. 
429         (d) The entity shall give reasonable public notice of the 
430  time and date of the attorney-client session and the names of 
431  persons who will be attending the session. The session shall 
432  commence at an open meeting at which the persons chairing the 
433  meeting shall announce the commencement and estimated length of 
434  the attorney-client session and the names of the persons 
435  attending. At the conclusion of the attorney-client session, the 
436  meeting shall be reopened, and the person chairing the meeting 
437  shall announce the termination of the session. 
438         (e) The transcript shall be made part of the public record 
439  upon conclusion of the litigation. 
440         Section 6. Section 286.0111, Florida Statutes, is repealed. 
441         Section 7. Section 286.0113, Florida Statutes, is 
442  transferred, renumbered as section 119.131, Florida Statutes, 
443  and amended to read: 
444         119.131 286.0113 Public meetings General exemptions from 
445  public meetings.— 
446         (1) SECURITY SYSTEM PLANS.—That portion of a meeting that 
447  would reveal a security system plan or portion thereof made 
448  confidential and exempt by s. 119.071(3)(a) is exempt from s. 
449  119.13(1) s. 286.011 and s. 24(b), Art. I of the State 
450  Constitution. 
451         (2) COMPETITIVE PROCUREMENTS.— 
452         (a) A meeting at which a negotiation with a vendor is 
453  conducted pursuant to s. 287.057(3) is exempt from s. 119.13(1) 
454  s. 286.011 and s. 24(b), Art. I of the State Constitution. 
455         (b)1. A complete recording shall be made of any meeting 
456  made exempt in paragraph (a). No portion of the meeting may be 
457  held off the record. 
458         2. The recording required under subparagraph 1. is exempt 
459  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 
460  until such time as the agency provides notice of a decision or 
461  intended decision pursuant to s. 120.57(3)(a) or until 20 days 
462  after the final competitive sealed replies are all opened, 
463  whichever occurs earlier. 
464         3. If the agency rejects all sealed replies, the recording 
465  remains exempt from s. 119.07(1) and s. 24(a), Art. I of the 
466  State Constitution until such time as the agency provides notice 
467  of a decision or intended decision pursuant to s. 120.57(3)(a) 
468  concerning the reissued invitation to negotiate or until the 
469  agency withdraws the reissued invitation to negotiate. A 
470  recording is not exempt for longer than 12 months after the 
471  initial agency notice rejecting all replies. 
472         (c) This subsection is subject to the Open Government 
473  Sunset Review Act in accordance with s. 119.15 and shall stand 
474  repealed on October 2, 2011, unless reviewed and saved from 
475  repeal through reenactment by the Legislature. 
476         (3) PENDING LITIGATION.—Notwithstanding s. 119.13(1), any 
477  board or commission of any state agency or authority or any 
478  agency or authority of any county, municipal corporation, or 
479  political subdivision, and the chief administrative or executive 
480  officer of the governmental entity, may meet in private with the 
481  entity’s attorney to discuss pending litigation to which the 
482  entity is presently a party before a court or administrative 
483  agency if the following conditions are met: 
484         (a)� The entity’s attorney must advise the entity at a 
485  public meeting that he or she desires advice concerning the 
486  litigation. 
487         (b)� The subject matter of the meeting must be confined to 
488  settlement negotiations or strategy sessions that are related to 
489  litigation expenditures. 
490         (c)� The entire session must be recorded by a certified 
491  court reporter. The reporter shall record the times of 
492  commencement and termination of the session, all discussion and 
493  proceedings, the names of all persons present at any time, and 
494  the names of all persons speaking. Any portion of the session 
495  may not be made off the record. The court reporter’s notes shall 
496  be fully transcribed and filed with the entity’s clerk within a 
497  reasonable time after the meeting. 
498         (d)� The entity must give reasonable public notice of the 
499  time and date of the attorney-client session and the names of 
500  persons who will be attending the session. The session shall 
501  commence at an open meeting at which the persons chairing the 
502  meeting shall announce the commencement and estimated length of 
503  the attorney-client session and the names of the persons 
504  attending. At the conclusion of the attorney-client session, the 
505  meeting shall be reopened, and the person chairing the meeting 
506  shall announce the termination of the session. 
507         (e)� The transcript must be made part of the public record 
508  upon conclusion of the litigation. 
509         Section 8. Section 286.012, Florida Statutes, is 
510  transferred, renumbered as section 119.132, Florida Statutes, 
511  and amended to read: 
512         119.132 286.012 Voting requirement at meetings of 
513  governmental bodies.— 
514         (1) A No member of any state, county, or municipal 
515  governmental board, commission, or agency who is present at any 
516  meeting of any such body at which an official decision, ruling, 
517  or other official act is to be taken or adopted may not abstain 
518  from voting in regard to any such decision, ruling, or act.; and 
519         (2) A vote shall be recorded or counted for each such 
520  member present, except when, with respect to any such member, 
521  there is, or appears to be, a possible conflict of interest 
522  under the provisions of s. 112.311, s. 112.313, or s. 112.3143. 
523  In such cases, the said member shall comply with the disclosure 
524  requirements of s. 112.3143. 
525         Section 9. Section 286.26, Florida Statutes, is 
526  transferred, renumbered as section 119.133, Florida Statutes, 
527  and amended to read: 
528         119.133 286.26 Accessibility of public meetings to a person 
529  with a disability the physically handicapped.— 
530         (1) Whenever any board or commission of any state agency or 
531  authority, or of any agency or authority of any county, 
532  municipal corporation, or other political subdivision, which has 
533  scheduled a meeting at which official acts are to be taken 
534  receives, at least 48 hours before prior to the meeting, a 
535  written request by a physically handicapped person with a 
536  disability to attend the meeting, directed to the chairperson or 
537  director of the such board, commission, agency, or authority, 
538  such chairperson or director shall provide a manner by which the 
539  such person with a disability may attend the meeting at its 
540  scheduled site or reschedule the meeting to a site that which 
541  would be accessible to the such person with a disability. 
542         (2) If the an affected handicapped person with a disability 
543  objects in the written request, nothing contained in the 
544  provisions of this section does not permit shall be construed or 
545  interpreted to permit the use of human physical assistance to 
546  the person with a disability physically handicapped in lieu of 
547  the construction or use of ramps or other mechanical devices in 
548  order to comply with the provisions of this section. 
549         Section 10. Subsections (2), (3), and (4) of section 
550  119.15, Florida Statutes, are amended to read: 
551         119.15 Legislative review of exemptions from public meeting 
552  and public records requirements.— 
553         (2) This section provides for the review and repeal or 
554  reenactment of an exemption from s. 24, Art. I of the State 
555  Constitution and s. 119.07(1) or s. 119.13(1) s. 286.011. This 
556  act does not apply to an exemption that: 
557         (a) Is required by federal law; or 
558         (b) Applies solely to the Legislature or the State Court 
559  System. 
560         (3)(a) In the 5th year after enactment of a new exemption 
561  or substantial amendment of an existing exemption, the exemption 
562  shall be repealed on October 2nd of the 5th year, unless the 
563  Legislature acts to reenact the exemption. 
564         (b) In the 10th year after reenactment, the exemption shall 
565  be repealed on October 2nd of the 10th year, unless the 
566  Legislature acts to reenact the exemption. 
567         (4)(a) A law that enacts a new exemption or substantially 
568  amends an existing exemption must state that the record or 
569  meeting is: 
570         1. Exempt from s. 24, Art. I of the State Constitution; 
571         2. Exempt from s. 119.07(1) or s. 119.13(1) s. 286.011; and 
572         3. Repealed at the end of 5 years and that the exemption 
573  must be reviewed by the Legislature before the scheduled repeal 
574  date, and every 10 years thereafter. 
575         (b) For purposes of this section, an exemption is 
576  substantially amended if the amendment expands the scope of the 
577  exemption to include more records or information or to include 
578  meetings as well as records. An exemption is not substantially 
579  amended if the amendment narrows the scope of the exemption. 
580         (c) This section is not intended to repeal an exemption 
581  that has been amended following legislative review before the 
582  scheduled repeal of the exemption if the exemption is not 
583  substantially amended as a result of the review. 
584         Section 11. Section 119.10, Florida Statutes, is 
585  transferred, renumbered as section 119.20, Florida Statutes, and 
586  amended to read: 
587         119.20 119.10 Violation of public-records and public 
588  meetings requirements chapter; penalties.— 
589         (1) Any person public officer who violates: 
590         (a) Violates Any provision of this chapter; or 
591         (b) Any other law that relates to access to public records 
592  or public meetings, including those that limit public access to 
593  such records or meetings, 
594 
595  commits a noncriminal infraction, punishable by fine not 
596  exceeding $500. 
597         (2)(b) Any person who willfully and knowingly violates the 
598  provisions of s. 119.07(1) or s. 119.13(1) is subject to 
599  suspension and removal or impeachment and, in addition, commits 
600  a misdemeanor of the first degree, punishable as provided in s. 
601  775.082 or s. 775.083. 
602         (3)(2) Any person who willfully and knowingly violates: 
603         (a) Any of the provisions of this chapter; or 
604         (b) Any other law that relates to access to public records 
605  or public meetings, including those that limit public access to 
606  such records or meetings, 
607 
608  commits a misdemeanor of the first degree, punishable as 
609  provided in s. 775.082 or s. 775.083. 
610         (4)(b) Any person who willfully and knowingly violates 
611  section 119.105 commits a felony of the third degree, punishable 
612  as provided in s. 775.082, s. 775.083, or s. 775.084. 
613         (5) Conduct that occurs outside the state which would 
614  constitute a knowing violation of this chapter is a misdemeanor 
615  of the second degree, punishable as provided in s. 775.082 or s. 
616  775.083. 
617         Section 12. Section 119.11, Florida Statutes, is 
618  transferred, renumbered as section 119.21, Florida Statutes, and 
619  amended to read: 
620         119.21 119.11 Accelerated hearing; immediate compliance.— 
621         (1)(a) The circuit courts of this state have jurisdiction 
622  to issue injunctions to enforce the purposes of this chapter 
623  upon application by any person. 
624         (b) Whenever an action is filed to enforce the provisions 
625  of this chapter, the court shall set an immediate hearing, 
626  giving the case priority over other pending cases. 
627         (2) Whenever a court orders an agency to open its records 
628  for inspection in accordance with this chapter, the agency shall 
629  comply with the such order within 48 hours, unless otherwise 
630  provided by the court issuing the such order, or unless the 
631  appellate court issues a stay order within the such 48-hour 
632  period. 
633         (3) The court may not issue a stay order shall not be 
634  issued unless it the court determines that there is a 
635  substantial probability that opening the records for inspection 
636  will result in significant damage. 
637         (4) Upon service of a complaint, counterclaim, or cross 
638  claim in a civil action brought to enforce the provisions of 
639  this chapter, the custodian of the public record that is the 
640  subject matter of the such civil action may shall not transfer 
641  custody, alter, destroy, or otherwise dispose of the public 
642  record sought to be inspected and examined, notwithstanding the 
643  applicability of an exemption or the assertion that the 
644  requested record is not a public record subject to inspection 
645  and examination under s. 119.07(1), until the court directs 
646  otherwise. The person who has custody of the such public record 
647  may, however, at any time permit inspection of the requested 
648  record as provided in s. 119.07(1) and other provisions of law. 
649         Section 13. Section 119.12, Florida Statutes, is 
650  transferred, renumbered as section 119.22, Florida Statutes, and 
651  amended to read: 
652         119.22 119.12 Attorney’s fees.—If a civil action is filed 
653  against an agency to enforce the provisions of this chapter or 
654  any other law that relates to access to public records or public 
655  meetings, including those that restrict public access to such 
656  records or meetings, and if the court determines that the such 
657  agency violated such provision unlawfully refused to permit a 
658  public record to be inspected or copied, the court shall assess 
659  and award, against the agency responsible, the reasonable costs 
660  of enforcement including reasonable attorney’s attorneys’ fees 
661  at trial and on appeal. 
662         Section 14. Subsection (7) of section 213.732, Florida 
663  Statutes, is amended to read: 
664         213.732 Jeopardy findings and assessments.— 
665         (7) If the department proceeds to seize or freeze the 
666  assets of a taxpayer upon a determination of jeopardy, the 
667  taxpayer shall have a right to a meeting with the department, as 
668  provided by subsection (3), immediately or within 24 hours after 
669  requesting such meeting. The department shall, within 24 hours 
670  after such meeting, determine whether to release the seizure or 
671  freeze. If the department does not release such seizure or 
672  freeze of property, the taxpayer shall have a right to request a 
673  hearing within 5 days before the circuit court, at which hearing 
674  the taxpayer and the department may present evidence with 
675  respect to the issue of jeopardy. Venue in such an action shall 
676  lie in the county in which the seizure was effected or, if there 
677  are multiple seizures based upon the same assessment, venue 
678  shall also lie in Leon County. Whenever an action is filed to 
679  seek review of a jeopardy finding under this subsection, the 
680  court shall set an immediate hearing and shall give the case 
681  priority over other pending cases other than those filed 
682  pursuant to s. 119.21 s. 119.11. 
683         Section 15. Section 282.711, Florida Statutes, is amended 
684  to read: 
685         282.711 Remote electronic access services.—The department 
686  may collect fees for providing remote electronic access pursuant 
687  to s. 119.07(4) s. 119.07(2). The fees may be imposed on 
688  individual transactions or as a fixed subscription for a 
689  designated period of time. All fees collected under this section 
690  shall be deposited in the appropriate trust fund of the program 
691  or activity that made the remote electronic access available. 
692         Section 16. Paragraph (a) of subsection (3) of section 
693  409.2558, Florida Statutes, is amended to read: 
694         409.2558 Support distribution and disbursement.— 
695         (3) UNDISTRIBUTABLE COLLECTIONS.— 
696         (a) The department shall establish by rule the method for 
697  determining a collection or refund to be undistributable to the 
698  final intended recipient. Before determining a collection or 
699  refund to be undistributable, the department shall make 
700  reasonable efforts to locate persons to whom collections or 
701  refunds are owed so that payment can be made. Location efforts 
702  may include disclosure through a searchable database of the 
703  names of obligees, obligors, and depository account numbers on 
704  the Internet in compliance with the requirements of s. 
705  119.01(3)(a) s. 119.01(2)(a). 
706         Section 17. Paragraph (c) of subsection (3) of section 
707  921.0022, Florida Statutes, is amended to read: 
708         921.0022 Criminal Punishment Code; offense severity ranking 
709  chart.— 
710         (3) OFFENSE SEVERITY RANKING CHART 
711         (c) LEVEL 3 
712  FloridaStatute    FelonyDegree                Description 
713  119.20(4)119.10(2)(b)3rd     Unlawful use of confidential information from police reports. 
714  316.066(6)(b)-(d) 3rd     Unlawfully obtaining or using confidential crash reports. 
715  316.193(2)(b)     3rd     Felony DUI, 3rd conviction. 
716  316.1935(2)       3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 
717  319.30(4)         3rd     Possession by junkyard of motor vehicle with identification number plate removed. 
718  319.33(1)(a)      3rd     Alter or forge any certificate of title to a motor vehicle or mobile home. 
719  319.33(1)(c)      3rd     Procure or pass title on stolen vehicle. 
720  319.33(4)         3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 
721  327.35(2)(b)      3rd     Felony BUI. 
722  328.05(2)         3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 
723  328.07(4)         3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 
724  376.302(5)        3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 
725  379.2431(1)(e)5.  3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 
726  379.2431(1)(e)6.  3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 
727  400.9935(4)       3rd     Operating a clinic without a license or filing false license application or other required information. 
728  440.1051(3)       3rd     False report of workers’ compensation fraud or retaliation for making such a report. 
729  501.001(2)(b)     2nd     Tampers with a consumer product or the container using materially false/misleading information. 
730  624.401(4)(a)     3rd     Transacting insurance without a certificate of authority. 
731  624.401(4)(b)1.   3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000. 
732  626.902(1)(a) & (b)3rd     Representing an unauthorized insurer. 
733  697.08            3rd     Equity skimming. 
734  790.15(3)         3rd     Person directs another to discharge firearm from a vehicle. 
735  796.05(1)         3rd     Live on earnings of a prostitute. 
736  806.10(1)         3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 
737  806.10(2)         3rd     Interferes with or assaults firefighter in performance of duty. 
738  810.09(2)(c)      3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 
739  812.014(2)(c)2.   3rd     Grand theft; $5,000 or more but less than $10,000. 
740  812.0145(2)(c)    3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000. 
741  815.04(4)(b)      2nd     Computer offense devised to defraud or obtain property. 
742  817.034(4)(a)3.   3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 
743  817.233           3rd     Burning to defraud insurer. 
744  817.234(8)(b)-(c) 3rd     Unlawful solicitation of persons involved in motor vehicle accidents. 
745  817.234(11)(a)    3rd     Insurance fraud; property value less than $20,000. 
746  817.236           3rd     Filing a false motor vehicle insurance application. 
747  817.2361          3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 
748  817.413(2)        3rd     Sale of used goods as new. 
749  817.505(4)        3rd     Patient brokering. 
750  828.12(2)         3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 
751  831.28(2)(a)      3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. 
752  831.29            2nd     Possession of instruments for counterfeiting drivers’ licenses or identification cards. 
753  838.021(3)(b)     3rd     Threatens unlawful harm to public servant. 
754  843.19            3rd     Injure, disable, or kill police dog or horse. 
755  860.15(3)         3rd     Overcharging for repairs and parts. 
756  870.01(2)         3rd     Riot; inciting or encouraging. 
757  893.13(1)(a)2.    3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 
758  893.13(1)(d)2.    2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university. 
759  893.13(1)(f)2.    2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility. 
760  893.13(6)(a)      3rd     Possession of any controlled substance other than felony possession of cannabis. 
761  893.13(7)(a)8.    3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 
762  893.13(7)(a)9.    3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 
763  893.13(7)(a)10.   3rd     Affix false or forged label to package of controlled substance. 
764  893.13(7)(a)11.   3rd     Furnish false or fraudulent material information on any document or record required by chapter 893. 
765  893.13(8)(a)1.    3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice. 
766  893.13(8)(a)2.    3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 
767  893.13(8)(a)3.    3rd     Knowingly write a prescription for a controlled substance for a fictitious person. 
768  893.13(8)(a)4.    3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 
769  918.13(1)(a)      3rd     Alter, destroy, or conceal investigation evidence. 
770  944.47(1)(a)1.-2. 3rd     Introduce contraband to correctional facility. 
771  944.47(1)(c)      2nd     Possess contraband while upon the grounds of a correctional institution. 
772  985.721           3rd     Escapes from a juvenile facility (secure detention or residential commitment facility). 
773         Section 18. This act shall take effect July 1, 2010.