Bill Text: FL S1598 | 2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
Florida Senate - 2010 CS for SB 1598 By the Committee on Community Affairs; and Senator Dockery 578-02709-10 20101598c1 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”; 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 Open 7 Government Act; creating s. 119.003, F.S.; defining 8 terms; amending s. 119.07, F.S.; conforming a cross 9 reference; requiring that the custodian of a public 10 record furnish a copy or certified copy of the record 11 to the person requesting the record after payment of a 12 designated fee; providing that if the nature or volume 13 of the public record requested to be inspected or 14 copied requires less than 30 minutes, the agency may 15 not charge the actual cost of duplication; providing 16 for payment of the actual cost to duplicate a public 17 records stored in an electronic format; authorizing an 18 agency to charge a fee for converting a record into an 19 electronic format; limiting the clerical cost of 20 duplication of a record to the base hourly rate of the 21 lowest paid personnel capable of providing such 22 clerical or supervisory assistance; authorizing an 23 agency to reduce or waive a fee pursuant to consistent 24 policies; prohibiting an agency from charging a fee 25 for the costs associated with redacting information 26 from the record which the agency maintains is not 27 subject to the public-records requirements; amending 28 s. 119.071, F.S.; removing the definitions for the 29 terms “security system plan,” “commercial activity,” 30 and “commercial entity”; creating s. 119.13, F.S.; 31 directing the Division of Library and Information 32 Services of the Department of State to adopt a rule to 33 establish a model policy for providing public access 34 to public records; amending s. 119.15, F.S.; providing 35 that in the 10th year after reenactment of a statutory 36 exemption, the exemption shall be repealed on October 37 2nd of that year, unless the Legislatures acts to 38 reenact the exemption; creating s. 119.20, F.S.; 39 providing that all meetings of any board or commission 40 of any state agency or authority or of any agency or 41 authority of any county, municipal corporation, or 42 political subdivision at which official acts are to be 43 taken are declared to be public meetings that are open 44 to the public at all times; requiring that the minutes 45 of a meeting of any board or commission or any state 46 agency or authority be promptly recorded and open to 47 the public; prohibiting a person or entity subject the 48 open-meetings requirements from holding meetings at 49 any facility or location that discriminates on the 50 basis of sex, age, race, creed, color, origin, or 51 economic status or that operates in such a manner as 52 to unreasonably restrict public access to such a 53 facility; creating s. 119.201, F.S.; providing for 54 certain specified exemptions from open-meeting 55 requirements; setting forth the procedures by which 56 the closed meeting must proceed; providing for future 57 repeal of the exemption and review under the Open 58 Government Sunset Review Act; creating s. 119.202, 59 F.S.; prohibiting a member of a state, county, or 60 municipal governmental board, commission, or agency 61 who is present at a meeting at which an official 62 decision, ruling, or other official act is to be taken 63 or adopted from abstaining from voting in regard to 64 any such decision; providing for procedures with 65 respect to a possible conflict of interest of the 66 member; creating s. 119.30, F.S.; providing penalties 67 for violations of the Open Government Act; creating s. 68 119.31, F.S.; authorizing the circuit courts of this 69 state to issue injunctions to enforce the act; 70 authorizing any person to petition the court for an 71 injunction; creating s. 119.32, F.S.; providing for 72 attorney’s fees under certain circumstances; repealing 73 ss. 119.011, 119.10, 119.12, 286.011, 286.0113, and 74 286.012, F.S., relating to definitions, violations and 75 penalties of public-records requirements, attorney’s 76 fees, public meetings, general exemptions from public 77 meetings requirements, and voting requirements at 78 meetings of governmental bodies, respectively; 79 reenacting s. 27.02(2), F.S., relating to the duties 80 of the state attorney before the circuit court; 81 reenacting s. 119.01(2)(f), F.S., relating to state 82 policy on public records; reenacting s. 83 119.0712(1)(d), F.S., relating to specific exemptions 84 from inspection or copying of public records for 85 executive branch agencies; reenacting s. 86 119.084(2)(a), F.S., relating to the copyright of data 87 processing software created by governmental agencies; 88 reenacting s. 455.219(6), F.S., relating to licensure 89 fees charged by professional boards; reenacting s. 90 456.025(11), F.S., relating to costs of regulating 91 health care professions and practitioners; reenacting 92 ss. 458.3193(1)(c) and 459.0083(1)(c), F.S., relating 93 to confidentiality of certain information contained in 94 physician workforce surveys; reenacting s. 95 472.011(16), F.S., relating to fees the surveyors and 96 mappers board may charge for application, examination, 97 reexamination, and licensing; reenacting s. 98 1012.31(2)(e), F.S., relating to public school system 99 employee personnel files, to incorporate the 100 amendments made to s. 119.07, F.S., in references 101 thereto; reenacting s. 17.076(5), F.S., relating to 102 the direct deposit of funds for a person who is 103 drawing a salary or retirement benefits from the 104 state; reenacting s. 119.0714, F.S., relating to court 105 files and court records; reenacting s. 1007.35(8)(b), 106 F.S., relating to the Florida Partnership for Minority 107 and Underrepresented Student Achievement Act, to 108 incorporate the amendments made to s. 119.071, F.S., 109 in references thereto; amending ss. 11.0431, 28.001, 110 28.24, 73.0155, 97.0585, 112.3188, 163.61, 257.34, 111 257.35, 281.301, 364.107, 382.0085, 383.402, 550.0251, 112 607.0505, 617.0503, 636.064, 668.50, 668.6076, 113 713.313, 787.03, 817.568, 817.569, 893.0551, 914.27, 114 943.031, 943.0313, 943.0314, and 943.032, F.S.; 115 conforming cross-references; providing an effective 116 date. 117 118 Be It Enacted by the Legislature of the State of Florida: 119 120 Section 1. Section 119.001, Florida Statutes, is created to 121 read: 122 119.001 Short title.—This chapter may be cited as the “Open 123 Government Act.” 124 Section 2. Section 119.002, Florida Statutes, is created to 125 read: 126 119.002 Education and training.—All elected and appointed 127 public officials must undergo education and training on the 128 requirements of the Open Government Act. 129 Section 3. Section 119.003, Florida Statutes, is created to 130 read: 131 119.003 Definitions.—As used in this chapter, the term: 132 (1) “Actual cost of duplication” means: 133 (a) The cost of the material and supplies used to duplicate 134 the public record; and 135 (b) Agency resources, including the cost of clerical or 136 supervisory assistance and costs incurred for the use of agency 137 information technology resources associated with such 138 duplication and actually incurred by the agency in complying 139 with a request for public records as authorized by s. 119.07(4). 140 The actual cost of duplication does not include overhead costs 141 associated with duplication of a public record. 142 (2) “Agency” means any state, county, district, authority, 143 or municipal officer, department, division, board, bureau, 144 commission, or other separate unit of government created or 145 established by law, including, for the purposes of this chapter, 146 the Commission on Ethics, the Public Service Commission, the 147 Office of Public Counsel, and any other public or private 148 agency, person, partnership, corporation, or business entity 149 acting on behalf of any public agency. 150 (3) “Any electronic medium stored, maintained, or used by 151 an agency” means any electronic format that the agency can 152 reasonably provide as part of the standard operation of its 153 electronic recordkeeping system. 154 (4) “Commercial activity” means the permissible uses set 155 forth in the federal Driver’s Privacy Protection Act of 1994, 18 156 U.S.C. ss. 2721 et seq.; the Fair Credit Reporting Act, 15 157 U.S.C. ss. 1681 et seq.; or the Financial Services Modernization 158 Act of 1999, 15 U.S.C. ss. 6801 et seq., or verification of the 159 accuracy of personal information received by a commercial entity 160 in the normal course of its business, including identification 161 or prevention of fraud or matching, verifying, or retrieving 162 information. The term does not include the display or bulk sale 163 of social security numbers to the public or the distribution of 164 such numbers to any customer that is not identifiable by the 165 commercial entity. 166 (5) “Commercial entity” means any corporation, partnership, 167 limited partnership, proprietorship, sole proprietorship, firm, 168 enterprise, franchise, or association that performs a commercial 169 activity in this state. 170 (6)(a) “Criminal intelligence information” means 171 information with respect to an identifiable person or group of 172 persons collected by a criminal justice agency in an effort to 173 anticipate, prevent, or monitor possible criminal activity. 174 (b) “Criminal investigative information” means information 175 with respect to an identifiable person or group of persons 176 compiled by a criminal justice agency in the course of 177 conducting a criminal investigation of a specific act or 178 omission, including, but not limited to, information derived 179 from laboratory tests, reports of investigators or informants, 180 or any type of surveillance. 181 (c) “Criminal intelligence information” and “criminal 182 investigative information” does not include: 183 1. The time, date, location, and nature of a reported 184 crime. 185 2. The name, gender, age, and address of a person arrested 186 or of the victim of a crime, except as provided in s. 187 119.071(2)(h). 188 3. The time, date, and location of the incident and of the 189 arrest. 190 4. The crime charged. 191 5. Documents given or required by law or agency rule to be 192 given to the person arrested, except as provided in s. 193 119.071(2)(h). However, the court in a criminal case may order 194 that certain information required by law or agency rule to be 195 given to the person arrested be maintained in a confidential 196 manner and exempt from the provisions of s. 119.07(1) until 197 released at trial if it is found that the release of such 198 information would: 199 a. Be defamatory to the good name of a victim or witness or 200 would jeopardize the safety of such victim or witness; and 201 b. Impair the ability of a state attorney to locate or 202 prosecute a codefendant. 203 6. Informations and indictments except as provided in s. 204 905.26. 205 (d) “Active” means: 206 1. Criminal intelligence information shall be considered 207 active as long as it is related to intelligence gathering 208 conducted with a reasonable, good faith belief that it will lead 209 to detection of ongoing or reasonably anticipated criminal 210 activities. 211 2. Criminal investigative information shall be considered 212 active as long as it is related to an ongoing investigation that 213 is continuing with a reasonable, good faith anticipation of 214 securing an arrest or prosecution in the foreseeable future. 215 216 In addition, criminal intelligence and criminal investigative 217 information shall be considered active while such information is 218 directly related to pending prosecutions or appeals. The term 219 “active” does not apply to information in cases that are barred 220 from prosecution under the provisions of s. 775.15 or other 221 statute of limitation. 222 (7) “Criminal justice agency” means: 223 (a) Any law enforcement agency, court, or prosecutor; 224 (b) Any other agency charged by law with criminal law 225 enforcement duties; 226 (c) Any agency having custody of criminal intelligence 227 information or criminal investigative information for the 228 purpose of assisting the law enforcement agencies in the conduct 229 of active criminal investigation, or prosecution or for the 230 purpose of litigating civil actions under the Racketeer 231 Influenced and Corrupt Organization Act, during the time that 232 the agencies are in possession of criminal intelligence 233 information or criminal investigative information pursuant to 234 their criminal law enforcement duties; or 235 (d) The Department of Corrections. 236 (8) “Custodian of public records” means the elected or 237 appointed state, county, or municipal officer charged with the 238 responsibility of maintaining the office having public records, 239 or his or her designee. 240 (9) “Data processing software” means the programs and 241 routines used to employ and control the capabilities of data 242 processing hardware, including, but not limited to, operating 243 systems, compilers, assemblers, utilities, library routines, 244 maintenance routines, applications, and computer networking 245 programs. 246 (10) “Duplicated copies” means new copies produced by 247 duplicating, as defined in s. 283.30. 248 (11) “Exemption” means a provision of general law which 249 provides that a specified record or meeting, or portion thereof, 250 is not subject to the access requirements of s. 119.07(1), s. 251 286.011, or s. 24, Art. I of the State Constitution. 252 (12) “Information technology resources” means data 253 processing hardware and software and services, communications, 254 supplies, personnel, facility resources, maintenance, and 255 training. 256 (13) “Paratransit” has the same meaning as provided in s. 257 427.011. 258 (14) “Proprietary software” means data processing software 259 that is protected by copyright or trade secret laws. 260 (15) “Public records” means all documents, papers, letters, 261 maps, books, tapes, photographs, films, sound recordings, data 262 processing software, or other material, regardless of the 263 physical form, characteristics, or means of transmission, made 264 or received pursuant to law or ordinance or in connection with 265 the transaction of official business by any agency. 266 (16) “Redact” means to conceal from a copy of an original 267 public record, or to conceal from an electronic image that is 268 available for public viewing, that portion of the record 269 containing exempt or confidential information. 270 (17) “Security system plan” means all: 271 (a) Records, information, photographs, audio and visual 272 presentations, schematic diagrams, surveys, recommendations, or 273 consultations or portions thereof relating directly to the 274 physical security of the facility or revealing security systems; 275 (b) Threat assessments conducted by any agency or any 276 private entity; 277 (c) Threat response plans; 278 (d) Emergency evacuation plans; 279 (e) Sheltering arrangements; or 280 (f) Manuals for security personnel, emergency equipment, or 281 security training. 282 (18) “Sensitive,” for purposes of defining agency-produced 283 software, means only those portions of data processing software, 284 including the specifications and documentation, which are used 285 to: 286 (a) Collect, process, store, and retrieve information that 287 is exempt from s. 119.07(1); 288 (b) Collect, process, store, and retrieve financial 289 management information of the agency, such as payroll and 290 accounting records; or 291 (c) Control and direct access authorizations and security 292 measures for automated systems. 293 (19) “Trade secret” has the same meaning as provided in s. 294 688.002. 295 Section 4. Section 119.07, Florida Statutes, is amended to 296 read 297 119.07 Inspection and copying of records; photographing 298 public records; fees; exemptions.— 299 (1)(a) Every person who has custody of a public record 300 shall permit the record to be inspected and copied by any person 301 desiring to do so, at any reasonable time, under reasonable 302 conditions, and under supervision by the custodian of the public 303 records. 304 (b) A custodian of public records or a person having 305 custody of public records may designate another officer or 306 employee of the agency to permit the inspection and copying of 307 public records, but must disclose the identity of the designee 308 to the person requesting to inspect or copy public records. 309 (c) A custodian of public records and his or her designee 310 must acknowledge requests to inspect or copy records promptly 311 and respond to such requests in good faith. A good faith 312 response includes making reasonable efforts to determine from 313 other officers or employees within the agency whether such a 314 record exists and, if so, the location at which the record can 315 be accessed. 316 (d) A person who has custody of a public record who asserts 317 that an exemption applies to a part of such record shall redact 318 that portion of the record to which an exemption has been 319 asserted and validly applies, and such person shall produce the 320 remainder of such record for inspection and copying. 321 (e) If the person who has custody of a public record 322 contends that all or part of the record is exempt from 323 inspection and copying, he or she shall state the basis of the 324 exemption that he or she contends is applicable to the record, 325 including the statutory citation to an exemption created or 326 afforded by statute. 327 (f) If requested by the person seeking to inspect or copy 328 the record, the custodian of public records shall state in 329 writing and with particularity the reasons for the conclusion 330 that the record is exempt or confidential. 331 (g) In any civil action in which an exemption to this 332 section is asserted, if the exemption is alleged to exist under 333 or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or (f), or 334 (4)(c), the public record or part thereof in question shall be 335 submitted to the court for an inspection in camera. If an 336 exemption is alleged to exist under or by virtue of s. 337 119.071(2)(c), an inspection in camera is discretionary with the 338 court. If the court finds that the asserted exemption is not 339 applicable, it shall order the public record or part thereof in 340 question to be immediately produced for inspection or copying as 341 requested by the person seeking such access. 342 (h) Even if an assertion is made by the custodian of public 343 records that a requested record is not a public record subject 344 to public inspection or copying under this subsection, the 345 requested record shall, nevertheless, not be disposed of for a 346 period of 30 days after the date on which a written request to 347 inspect or copy the record was served on or otherwise made to 348 the custodian of public records by the person seeking access to 349 the record. If a civil action is instituted within the 30-day 350 period to enforce the provisions of this section with respect to 351 the requested record, the custodian of public records may not 352 dispose of the record except by order of a court of competent 353 jurisdiction after notice to all affected parties. 354 (i) The absence of a civil action instituted for the 355 purpose stated in paragraph (g) does not relieve the custodian 356 of public records of the duty to maintain the record as a public 357 record if the record is in fact a public record subject to 358 public inspection and copying under this subsection and does not 359 otherwise excuse or exonerate the custodian of public records 360 from any unauthorized or unlawful disposition of such record. 361 (2)(a) As an additional means of inspecting or copying 362 public records, a custodian of public records may provide access 363 to public records by remote electronic means, provided exempt or 364 confidential information is not disclosed. 365 (b) The custodian of public records shall provide 366 safeguards to protect the contents of public records from 367 unauthorized remote electronic access or alteration and to 368 prevent the disclosure or modification of those portions of 369 public records which are exempt or confidential from subsection 370 (1) or s. 24, Art. I of the State Constitution. 371 (c) Unless otherwise required by law, the custodian of 372 public records may charge a fee for remote electronic access, 373 granted under a contractual arrangement with a user, which fee 374 may include the direct and indirect costs of providing such 375 access. Fees for remote electronic access provided to the 376 general public shall be in accordance with the provisions of 377 this section. 378 (3)(a) Any person shall have the right of access to public 379 records for the purpose of making photographs of the record 380 while such record is in the possession, custody, and control of 381 the custodian of public records. 382 (b) This subsection applies to the making of photographs in 383 the conventional sense by use of a camera device to capture 384 images of public records but excludes the duplication of 385 microfilm in the possession of the clerk of the circuit court 386 where a copy of the microfilm may be made available by the 387 clerk. 388 (c) Photographing public records shall be done under the 389 supervision of the custodian of public records, who may adopt 390 and enforce reasonable rules governing the photographing of such 391 records. 392 (d) Photographing of public records shall be done in the 393 room where the public records are kept. If, in the judgment of 394 the custodian of public records, this is impossible or 395 impracticable, photographing shall be done in another room or 396 place, as nearly adjacent as possible to the room where the 397 public records are kept, to be determined by the custodian of 398 public records. Where provision of another room or place for 399 photographing is required, the expense of providing the same 400 shall be paid by the person desiring to photograph the public 401 record pursuant to paragraph (4)(h)(4)(e). 402 (4) The custodian of public records shall furnish a copy or 403 a certified copy of the record upon payment of the fee 404 prescribed by law. If a fee is not prescribed by law, the 405 following fees are authorized: 406 (a)1. Up to 15 cents per one-sided copy for duplicated 407 copies of not more than 14 inches by 8 1/2 inches; 408 2. No more than an additional 5 cents for each two-sided 409 copy; and 410 3. For all other copies, the actual cost of duplication of 411 the public record. 412 413 If the nature or volume of the public records requested to be 414 inspected or copied requires less than 30 minutes, the agency 415 may not charge the actual cost of duplication. 416 (b)1. For a copy of a public record in any electronic 417 medium stored, maintained, or used by an agency, the actual cost 418 of duplication. However, if the volume of the public records 419 requested to be copied requires less than 30 minutes, the agency 420 shall not charge the actual cost of duplication. 421 2. If an agency is able to convert the record into the 422 electronic format requested as a step in the process of copying 423 or exporting the requested record, the agency must provide the 424 record in the format requested and may charge a fee authorized 425 by this subsection. 426 (c) The cost of clerical or supervisory assistance may be 427 no greater than the base hourly rate of the lowest paid 428 personnel capable of providing such clerical or supervisory 429 assistance. 430 (d)(b)The charge for copies of county maps or aerial 431 photographs supplied by county constitutional officers may also 432 include a reasonable charge for the labor and overhead 433 associated with their duplication. 434 (e)(c)An agency may charge up to $1 per copy for a 435 certified copy of a public record. 436 (f) All fees allowed pursuant to this subsection may be 437 reduced or waived. Fee reductions and waivers must be uniformly 438 applied among persons similarly situated. 439 (g)1. An agency is not authorized to charge a fee for costs 440 associated with redaction of information from a public record 441 that the agency maintains is not subject to the requirements of 442 s. 119.07(1) because such information is personal in nature and 443 is thus not a public record as defined in s. 119.003. 444 2. After January 1, 2013, an agency may not charge a fee 445 for costs associated with redaction of exempt or confidential 446 and exempt information from a public record that has been 447 requested to be inspected or copied. 448(d)If the nature or volume of public records requested to449be inspected or copied pursuant to this subsection is such as to450require extensive use of information technology resources or451extensive clerical or supervisory assistance by personnel of the452agency involved, or both, the agency may charge, in addition to453the actual cost of duplication, a special service charge, which454shall be reasonable and shall be based on the cost incurred for455such extensive use of information technology resources or the456labor cost of the personnel providing the service that is457actually incurred by the agency or attributable to the agency458for the clerical and supervisory assistance required, or both.459 (h)(e)1. Where provision of another room or place is 460 necessary to photograph public records, the expense of providing 461 the same shall be paid by the person desiring to photograph the 462 public records. 463 2. The custodian of public records may charge the person 464 making the photographs for supervision services at a rate of 465 compensation to be agreed upon by the person desiring to make 466 the photographs and the custodian of public records. If they 467 fail to agree as to the appropriate charge, the charge shall be 468 determined by the custodian of public records. 469 (5) When ballots are produced under this section for 470 inspection or examination, no persons other than the supervisor 471 of elections or the supervisor’s employees shall touch the 472 ballots. If the ballots are being examined before the end of the 473 contest period in s. 102.168, the supervisor of elections shall 474 make a reasonable effort to notify all candidates by telephone 475 or otherwise of the time and place of the inspection or 476 examination. All such candidates, or their representatives, 477 shall be allowed to be present during the inspection or 478 examination. 479 (6) An exemption contained in this chapter or in any other 480 general or special law shall not limit the access of the Auditor 481 General, the Office of Program Policy Analysis and Government 482 Accountability, or any state, county, municipal, university, 483 board of community college, school district, or special district 484 internal auditor to public records when such person states in 485 writing that such records are needed for a properly authorized 486 audit, examination, or investigation. Such person shall maintain 487 the exempt or confidential status of that public record and 488 shall be subject to the same penalties as the custodian of that 489 record for public disclosure of such record. 490 (7) An exemption from this section does not imply an 491 exemption from s. 119.20s.286.011. The exemption from s. 492 119.20s.286.011must be expressly provided. 493 (8) The provisions of this section are not intended to 494 expand or limit the provisions of Rule 3.220, Florida Rules of 495 Criminal Procedure, regarding the right and extent of discovery 496 by the state or by a defendant in a criminal prosecution or in 497 collateral postconviction proceedings. This section may not be 498 used by any inmate as the basis for failing to timely litigate 499 any postconviction action. 500 Section 5. Paragraph (a) of subsection (3) and paragraph 501 (a) of subsection (5) of section 119.071, Florida Statutes, are 502 amended to read: 503 119.071 General exemptions from inspection or copying of 504 public records.— 505 (3) SECURITY.— 506(a)1.As used in this paragraph, the term “security system507plan” includes all:508a.Records, information, photographs, audio and visual509presentations, schematic diagrams, surveys, recommendations, or510consultations or portions thereof relating directly to the511physical security of the facility or revealing security systems;512b.Threat assessments conducted by any agency or any513private entity;514c.Threat response plans;515d.Emergency evacuation plans;516e.Sheltering arrangements; or517f.Manuals for security personnel, emergency equipment, or518security training.519 (a)1.2. A security system plan or portion thereof for: 520 a. Any property owned by or leased to the state or any of 521 its political subdivisions; or 522 b. Any privately owned or leased property 523 524 held by an agency is confidential and exempt from s. 119.07(1) 525 and s. 24(a), Art. I of the State Constitution. This exemption 526 is remedial in nature, and it is the intent of the Legislature 527 that this exemption apply to security system plans held by an 528 agency before, on, or after the effective date of this 529 paragraph. 530 2.3.Information made confidential and exempt by this 531 paragraph may be disclosed by the custodian of public records 532 to: 533 a. The property owner or leaseholder; or 534 b. Another state or federal agency to prevent, detect, 535 guard against, respond to, investigate, or manage the 536 consequences of any attempted or actual act of terrorism, or to 537 prosecute those persons who are responsible for such attempts or 538 acts. 539 (5) OTHER PERSONAL INFORMATION.— 540 (a)1.a. The Legislature acknowledges that the social 541 security number was never intended to be used for business 542 purposes but was intended to be used solely for the 543 administration of the federal Social Security System. The 544 Legislature is further aware that over time this unique numeric 545 identifier has been used extensively for identity verification 546 purposes and other legitimate consensual purposes. 547 b. The Legislature recognizes that the social security 548 number can be used as a tool to perpetuate fraud against an 549 individual and to acquire sensitive personal, financial, 550 medical, and familial information, the release of which could 551 cause great financial or personal harm to an individual. 552 c. The Legislature intends to monitor the use of social 553 security numbers held by agencies in order to maintain a 554 balanced public policy. 555 2.a. An agency may not collect an individual’s social 556 security number unless the agency has stated in writing the 557 purpose for its collection and unless it is: 558 (I) Specifically authorized by law to do so; or 559 (II) Imperative for the performance of that agency’s duties 560 and responsibilities as prescribed by law. 561 b. An agency shall identify in writing the specific federal 562 or state law governing the collection, use, or release of social 563 security numbers for each purpose for which the agency collects 564 the social security number, including any authorized exceptions 565 that apply to such collection, use, or release. Each agency 566 shall ensure that the collection, use, or release of social 567 security numbers complies with the specific applicable federal 568 or state law. 569 c. Social security numbers collected by an agency may not 570 be used by that agency for any purpose other than the purpose 571 provided in the written statement. 572 3. An agency collecting an individual’s social security 573 number shall provide that individual with a copy of the written 574 statement required in subparagraph 2. The written statement also 575 shall state whether collection of the individual’s social 576 security number is authorized or mandatory under federal or 577 state law. 578 4. Each agency shall review whether its collection of 579 social security numbers is in compliance with subparagraph 2. If 580 the agency determines that collection of a social security 581 number is not in compliance with subparagraph 2., the agency 582 shall immediately discontinue the collection of social security 583 numbers for that purpose. 584 5. Social security numbers held by an agency are 585 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 586 of the State Constitution. This exemption applies to social 587 security numbers held by an agency before, on, or after the 588 effective date of this exemption. This exemption does not 589 supersede any federal law prohibiting the release of social 590 security numbers or any other applicable public records 591 exemption for social security numbers existing prior to May 13, 592 2002, or created thereafter. 593 6. Social security numbers held by an agency may be 594 disclosed if any of the following apply: 595 a. The disclosure of the social security number is 596 expressly required by federal or state law or a court order. 597 b. The disclosure of the social security number is 598 necessary for the receiving agency or governmental entity to 599 perform its duties and responsibilities. 600 c. The individual expressly consents in writing to the 601 disclosure of his or her social security number. 602 d. The disclosure of the social security number is made to 603 comply with the USA Patriot Act of 2001, Pub. L. No. 107-56, or 604 Presidential Executive Order 13224. 605 e. The disclosure of the social security number is made to 606 a commercial entity for the permissible uses set forth in the 607 federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 608 2721 et seq.; the Fair Credit Reporting Act, 15 U.S.C. ss. 1681 609 et seq.; or the Financial Services Modernization Act of 1999, 15 610 U.S.C. ss. 6801 et seq., provided that the authorized commercial 611 entity complies with the requirements of this paragraph. 612 f. The disclosure of the social security number is for the 613 purpose of the administration of health benefits for an agency 614 employee or his or her dependents. 615 g. The disclosure of the social security number is for the 616 purpose of the administration of a pension fund administered for 617 the agency employee’s retirement fund, deferred compensation 618 plan, or defined contribution plan. 619 h. The disclosure of the social security number is for the 620 purpose of the administration of the Uniform Commercial Code by 621 the office of the Secretary of State. 622 7.a.For purposes of this subsection, the term:623(I)“Commercial activity” means the permissible uses set624forth in the federal Driver’s Privacy Protection Act of 1994, 18625U.S.C. ss. 2721 et seq.; the Fair Credit Reporting Act, 15626U.S.C. ss. 1681 et seq.; or the Financial Services Modernization627Act of 1999, 15 U.S.C. ss. 6801 et seq., or verification of the628accuracy of personal information received by a commercial entity629in the normal course of its business, including identification630or prevention of fraud or matching, verifying, or retrieving631information. It does not include the display or bulk sale of632social security numbers to the public or the distribution of633such numbers to any customer that is not identifiable by the634commercial entity.635(II)“Commercial entity” means any corporation,636partnership, limited partnership, proprietorship, sole637proprietorship, firm, enterprise, franchise, or association that638performs a commercial activity in this state.639 a.b. An agency may not deny a commercial entity engaged in 640 the performance of a commercial activity access to social 641 security numbers, provided the social security numbers will be 642 used only in the performance of a commercial activity and 643 provided the commercial entity makes a written request for the 644 social security numbers. The written request must: 645 (I) Be verified as provided in s. 92.525; 646 (II) Be legibly signed by an authorized officer, employee, 647 or agent of the commercial entity; 648 (III) Contain the commercial entity’s name, business 649 mailing and location addresses, and business telephone number; 650 and 651 (IV) Contain a statement of the specific purposes for which 652 it needs the social security numbers and how the social security 653 numbers will be used in the performance of a commercial 654 activity, including the identification of any specific federal 655 or state law that permits such use. 656 b.c.An agency may request any other information reasonably 657 necessary to verify the identity of a commercial entity 658 requesting the social security numbers and the specific purposes 659 for which the numbers will be used. 660 8.a. Any person who makes a false representation in order 661 to obtain a social security number pursuant to this paragraph, 662 or any person who willfully and knowingly violates this 663 paragraph, commits a felony of the third degree, punishable as 664 provided in s. 775.082 or s. 775.083. 665 b. Any public officer who violates this paragraph commits a 666 noncriminal infraction, punishable by a fine not exceeding $500 667 per violation. 668 9. Any affected person may petition the circuit court for 669 an order directing compliance with this paragraph. 670 Section 6. Section 119.13, Florida Statutes, is created to 671 read: 672 119.13 Model public access policy.—The Division of Library 673 and Information Services of the Department of State shall adopt 674 a rule to establish a model policy for providing public access 675 to public records in accordance with this part. 676 Section 7. Section 119.15, Florida Statutes, is amended to 677 read: 678 119.15 Legislative review of exemptions from public meeting 679 and public records requirements.— 680 (1) This section may be cited as the “Open Government 681 Sunset Review Act.” 682 (2) This section provides for the review and repeal or 683 reenactment of an exemption from s. 24, Art. I of the State 684 Constitution and s. 119.07(1) or s. 119.20s.286.011. This act 685 does not apply to an exemption that: 686 (a) Is required by federal law; or 687 (b) Applies solely to the Legislature or the State Court 688 System. 689 (3)(a) In the 5th year after enactment of a new exemption 690 or substantial amendment of an existing exemption, the exemption 691 shall be repealed on October 2nd of the 5th year, unless the 692 Legislature acts to reenact the exemption. 693 (b) In the 10th year after reenactment, the exemption shall 694 be repealed on October 2nd of the 10th year, unless the 695 Legislatures acts to reenact the exemption. 696 (4)(a) A law that enacts a new exemption or substantially 697 amends an existing exemption must state that the record or 698 meeting is: 699 1. Exempt from s. 24, Art. I of the State Constitution; 700 2. Exempt from s. 119.07(1) or s. 119.20s.286.011; and 701 3. Repealed at the end of 5 years and that the exemption 702 must be reviewed by the Legislature before the scheduled repeal 703 date and every 10 years thereafter. 704 (b) For purposes of this section, an exemption is 705 substantially amended if the amendment expands the scope of the 706 exemption to include more records or information or to include 707 meetings as well as records. An exemption is not substantially 708 amended if the amendment narrows the scope of the exemption. 709 (c) This section is not intended to repeal an exemption 710 that has been amended following legislative review before the 711 scheduled repeal of the exemption if the exemption is not 712 substantially amended as a result of the review. 713 (5)(a) By June 1 in the year before the repeal of an 714 exemption under this section, the Division of Statutory Revision 715 of the Office of Legislative Services shall certify to the 716 President of the Senate and the Speaker of the House of 717 Representatives the language and statutory citation of each 718 exemption scheduled for repeal the following year. 719 (b) Any exemption that is not identified and certified to 720 the President of the Senate and the Speaker of the House of 721 Representatives is not subject to legislative review and repeal 722 under this section. If the division fails to certify an 723 exemption that it subsequently determines should have been 724 certified, it shall include the exemption in the following 725 year’s certification after that determination. 726 (6)(a) As part of the review process, the Legislature shall 727 consider the following: 728 1. What specific records or meetings are affected by the 729 exemption? 730 2. Whom does the exemption uniquely affect, as opposed to 731 the general public? 732 3. What is the identifiable public purpose or goal of the 733 exemption? 734 4. Can the information contained in the records or 735 discussed in the meeting be readily obtained by alternative 736 means? If so, how? 737 5. Is the record or meeting protected by another exemption? 738 6. Are there multiple exemptions for the same type of 739 record or meeting that it would be appropriate to merge? 740 (b) An exemption may be created, revised, or maintained 741 only if it serves an identifiable public purpose, and the 742 exemption may be no broader than is necessary to meet the public 743 purpose it serves. An identifiable public purpose is served if 744 the exemption meets one of the following purposes and the 745 Legislature finds that the purpose is sufficiently compelling to 746 override the strong public policy of open government and cannot 747 be accomplished without the exemption: 748 1. Allows the state or its political subdivisions to 749 effectively and efficiently administer a governmental program, 750 which administration would be significantly impaired without the 751 exemption; 752 2. Protects information of a sensitive personal nature 753 concerning individuals, the release of which information would 754 be defamatory to such individuals or cause unwarranted damage to 755 the good name or reputation of such individuals or would 756 jeopardize the safety of such individuals. However, in 757 exemptions under this subparagraph, only information that would 758 identify the individuals may be exempted; or 759 3. Protects information of a confidential nature concerning 760 entities, including, but not limited to, a formula, pattern, 761 device, combination of devices, or compilation of information 762 which is used to protect or further a business advantage over 763 those who do not know or use it, the disclosure of which 764 information would injure the affected entity in the marketplace. 765 (7) Records made before the date of a repeal of an 766 exemption under this section may not be made public unless 767 otherwise provided by law. In deciding whether the records shall 768 be made public, the Legislature shall consider whether the 769 damage or loss to persons or entities uniquely affected by the 770 exemption of the type specified in subparagraph (6)(b)2. or 771 subparagraph (6)(b)3. would occur if the records were made 772 public. 773 (8) Notwithstanding s. 768.28 or any other law, neither the 774 state or its political subdivisions nor any other public body 775 shall be made party to any suit in any court or incur any 776 liability for the repeal or revival and reenactment of an 777 exemption under this section. The failure of the Legislature to 778 comply strictly with this section does not invalidate an 779 otherwise valid reenactment. 780 Section 8. Section 119.20, Florida Statutes, is created to 781 read: 782 119.20 Public meetings and records; access to public 783 meetings.— 784 (1) All meetings of any board or commission of any state 785 agency or authority or of any agency or authority of any county, 786 municipal corporation, or political subdivision, except as 787 otherwise provided in the State Constitution, at which official 788 acts are to be taken are declared to be public meetings open to 789 the public at all times, and no resolution, rule, or formal 790 action shall be considered binding except as taken or made at 791 such meeting. The board or commission must provide reasonable 792 notice of all such meetings. 793 (2) The minutes of a meeting of any such board or 794 commission of any such state agency or authority shall be 795 promptly recorded, and such records shall be open to public 796 inspection. 797 (3) All persons subject to subsection (1) are prohibited 798 from holding meetings at any facility or location that 799 discriminates on the basis of sex, age, race, creed, color, 800 origin, or economic status or that operates in such a manner as 801 to unreasonably restrict public access to such a facility. 802 Section 9. Section 119.201, Florida Statutes, is created to 803 read: 804 119.201 General exemptions from public meetings.— 805 (1) Any board or commission of any state agency or 806 authority or any agency or authority of any county, municipal 807 corporation, or political subdivision, and the chief 808 administrative or executive officer of the governmental entity, 809 may meet in private with the entity’s attorney to discuss 810 pending litigation to which the entity is presently a party 811 before a court or administrative agency if the following 812 conditions are met: 813 (a) The entity’s attorney shall advise the entity at a 814 public meeting that he or she desires advice concerning the 815 litigation. 816 (b) The subject matter of the meeting shall be confined to 817 settlement negotiations or strategy sessions related to 818 litigation expenditures. 819 (c) The entire session shall be recorded by a certified 820 court reporter. The reporter shall record the times of 821 commencement and termination of the session, all discussion and 822 proceedings, the names of all persons present at any time, and 823 the names of all persons speaking. No portion of the session 824 shall be off the record. The court reporter’s notes shall be 825 fully transcribed and filed with the entity’s clerk within a 826 reasonable time after the meeting. 827 (d) The entity shall give reasonable public notice of the 828 time and date of the attorney-client session and the names of 829 persons who will be attending the session. The session shall 830 commence at an open meeting at which the persons chairing the 831 meeting shall announce the commencement and estimated length of 832 the attorney-client session and the names of the persons 833 attending. At the conclusion of the attorney-client session, the 834 meeting shall be reopened, and the person chairing the meeting 835 shall announce the termination of the session. 836 (e) The transcript shall be made part of the public record 837 upon conclusion of the litigation. 838 (2) That portion of a meeting that would reveal a security 839 system plan or portion thereof made confidential and exempt by 840 s. 119.071(3)(a) is exempt from s. 286.011 and s. 24(b), Art. I 841 of the State Constitution. 842 (3)(a) A meeting at which a negotiation with a vendor is 843 conducted pursuant to s. 287.057(3) is exempt from s. 286.011 844 and s. 24(b), Art. I of the State Constitution. 845 (b)1. A complete recording shall be made of any meeting 846 made exempt in paragraph (a). No portion of the meeting may be 847 held off the record. 848 2. The recording required under subparagraph 1. is exempt 849 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 850 until such time as the agency provides notice of a decision or 851 intended decision pursuant to s. 120.57(3)(a) or until 20 days 852 after the final competitive sealed replies are all opened, 853 whichever occurs earlier. 854 3. If the agency rejects all sealed replies, the recording 855 remains exempt from s. 119.07(1) and s. 24(a), Art. I of the 856 State Constitution until such time as the agency provides notice 857 of a decision or intended decision pursuant to s. 120.57(3)(a) 858 concerning the reissued invitation to negotiate or until the 859 agency withdraws the reissued invitation to negotiate. A 860 recording is not exempt for longer than 12 months after the 861 initial agency notice rejecting all replies. 862 (c) This subsection is subject to the Open Government 863 Sunset Review Act in accordance with s. 119.15 and shall stand 864 repealed on October 2, 2015, unless reviewed and saved from 865 repeal through reenactment by the Legislature. 866 Section 10. Section 119.202, Florida Statutes, is created 867 to read: 868 119.202 Voting requirement at meetings of governmental 869 bodies.—A member of any state, county, or municipal governmental 870 board, commission, or agency who is present at any meeting of 871 any such body at which an official decision, ruling, or other 872 official act is to be taken or adopted may not abstain from 873 voting in regard to any such decision, ruling, or act; and a 874 vote shall be recorded or counted for each such member present, 875 except when, with respect to any such member, there is, or 876 appears to be, a possible conflict of interest under the 877 provisions of s. 112.311, s. 112.313, or s. 112.3143. In such 878 case, the member shall comply with the disclosure requirements 879 of s. 112.3143. 880 Section 11. Section 119.30, Florida Statutes, is created to 881 read: 882 119.30 Violation of chapter; penalties.— 883 (1) A violation of any law that relates to access to public 884 records or meetings shall be considered a violation of this 885 chapter. 886 (2) A person who violates any of the provisions of this 887 chapter commits a noncriminal infraction, punishable by a fine 888 not exceeding $500. 889 (3) A person who willfully and knowingly violates any of 890 the provisions of this chapter commits a misdemeanor of the 891 first degree, punishable as provided in s. 775.082 or s. 892 775.083. 893 (4) Conduct that occurs outside the state and that would 894 constitute a knowing violation of this chapter is a misdemeanor 895 of the first degree, punishable as provided in s. 775.082 or s. 896 775.083. 897 (5) If a court determines that an agency has: 898 (a) Violated s. 119.07(1) or s. 119.20; 899 (b) Shown intentional disregard for the public’s 900 constitutional right of access as guaranteed by s. 24, Art. I of 901 the State Constitution; or 902 (c) Exhibited a pattern of abuse of the requirements of 903 this chapter, 904 905 the court may assess a penalty against the agency equal to twice 906 the amount awarded pursuant to this section. 907 Section 12. Section 119.31, Florida Statutes, is created to 908 read: 909 119.31 Injunctions.—The circuit courts of this state have 910 jurisdiction to issue injunctions to enforce this chapter upon 911 application by any person. 912 Section 13. Section 119.32, Florida Statutes, is created to 913 read: 914 119.32 Attorney’s fees.— 915 (1) If an action is filed against an agency to enforce the 916 provisions of this chapter or any other law that relates to 917 access to public records or meetings, including those laws that 918 limit public access to such records or meetings, and if the 919 court determines that the agency unlawfully refused to permit a 920 public record to be inspected or copied, or otherwise acted in 921 violation of this chapter, the court shall assess and award 922 against the agency responsible the reasonable costs of 923 enforcement, including reasonable attorney’s fees at trial and 924 on appeal. 925 (2) Fees assessed pursuant to subsection (1) may not be 926 assessed against any individual acting on the advice of an 927 agency attorney, but shall be assessed against the agency. 928 (3) Whenever any individual is charged with a violation of 929 this chapter and is subsequently acquitted, the agency may 930 reimburse the individual for any portion of his or her 931 reasonable attorney’s fees. 932 Section 14. Section 119.011, Florida Statutes, is repealed. 933 Section 15. Section 119.10, Florida Statutes, is repealed. 934 Section 16. Section 119.12, Florida Statutes, is repealed. 935 Section 17. Section 286.011, Florida Statutes, is repealed. 936 Section 18. Section 286.0113, Florida Statutes, is 937 repealed. 938 Section 19. Section 286.012, Florida Statutes, is repealed. 939 Section 20. For the purpose of incorporating the amendment 940 made by this act to section 119.07, Florida Statutes, in a 941 reference thereto, subsection (2) of section 27.02, Florida 942 Statutes, is reenacted to read: 943 27.02 Duties before court.— 944 (2) The state attorney, when complying with the discovery 945 obligation pursuant to the applicable rule of procedure, may 946 charge the defendant fees as provided for in s. 119.07(4), not 947 to exceed 15 cents per page for a copy of a noncertified copy of 948 a public record. However, these fees may be deferred if the 949 defendant has been determined to be indigent as provided in s. 950 27.52. 951 Section 21. For the purpose of incorporating the amendment 952 made by this act to section 119.07, Florida Statutes, in a 953 reference thereto, paragraph (f) of subsection (2) of section 954 119.01, Florida Statutes, is reenacted to read: 955 119.01 General state policy on public records.— 956 (2) 957 (f) Each agency that maintains a public record in an 958 electronic recordkeeping system shall provide to any person, 959 pursuant to this chapter, a copy of any public record in that 960 system which is not exempted by law from public disclosure. An 961 agency must provide a copy of the record in the medium requested 962 if the agency maintains the record in that medium, and the 963 agency may charge a fee in accordance with this chapter. For the 964 purpose of satisfying a public records request, the fee to be 965 charged by an agency if it elects to provide a copy of a public 966 record in a medium not routinely used by the agency, or if it 967 elects to compile information not routinely developed or 968 maintained by the agency or that requires a substantial amount 969 of manipulation or programming, must be in accordance with s. 970 119.07(4). 971 Section 22. For the purpose of incorporating the amendment 972 made by this act to section 119.07, Florida Statutes, in a 973 reference thereto, paragraph (d) of subsection (1) of section 974 119.0712, Florida Statutes, is reenacted to read: 975 119.0712 Executive branch agency-specific exemptions from 976 inspection or copying of public records.— 977 (1) DEPARTMENT OF HEALTH.—All personal identifying 978 information contained in records relating to an individual’s 979 personal health or eligibility for health-related services held 980 by the Department of Health is confidential and exempt from s. 981 119.07(1) and s. 24(a), Art. I of the State Constitution, except 982 as otherwise provided in this subsection. Information made 983 confidential and exempt by this subsection shall be disclosed: 984 (d) To a health research entity, if the entity seeks the 985 records or data pursuant to a research protocol approved by the 986 department, maintains the records or data in accordance with the 987 approved protocol, and enters into a purchase and data-use 988 agreement with the department, the fee provisions of which are 989 consistent with s. 119.07(4). The department may deny a request 990 for records or data if the protocol provides for intrusive 991 follow-back contacts, has not been approved by a human studies 992 institutional review board, does not plan for the destruction of 993 confidential records after the research is concluded, is 994 administratively burdensome, or does not have scientific merit. 995 The agreement must restrict the release of any information that 996 would permit the identification of persons, limit the use of 997 records or data to the approved research protocol, and prohibit 998 any other use of the records or data. Copies of records or data 999 issued pursuant to this paragraph remain the property of the 1000 department. 1001 Section 23. For the purpose of incorporating the amendment 1002 made by this act to section 119.07, Florida Statutes, in a 1003 reference thereto, paragraph (a) of subsection (2) of section 1004 119.084, Florida Statutes, is reenacted to read: 1005 119.084 Copyright of data processing software created by 1006 governmental agencies; sale price and licensing fee.— 1007 (2) An agency is authorized to acquire and hold a copyright 1008 for data processing software created by the agency and to 1009 enforce its rights pertaining to such copyright, provided that 1010 the agency complies with the requirements of this subsection. 1011 (a) An agency that has acquired a copyright for data 1012 processing software created by the agency may sell or license 1013 the copyrighted data processing software to any public agency or 1014 private person. The agency may establish a price for the sale 1015 and a licensing fee for the use of such data processing software 1016 that may be based on market considerations. However, the prices 1017 or fees for the sale or licensing of copyrighted data processing 1018 software to an individual or entity solely for application to 1019 information maintained or generated by the agency that created 1020 the copyrighted data processing software shall be determined 1021 pursuant to s. 119.07(4). 1022 Section 24. For the purpose of incorporating the amendment 1023 made by this act to section 119.07, Florida Statutes, in a 1024 reference thereto, subsection (6) of section 455.219, Florida 1025 Statutes, is reenacted to read: 1026 455.219 Fees; receipts; disposition; periodic management 1027 reports.— 1028 (6) The department or the appropriate board shall charge a 1029 fee not to exceed $25 for the certification of a public record. 1030 The fee shall be determined by rule of the department. The 1031 department or the appropriate board shall assess a fee for 1032 duplication of a public record as provided in s. 119.07(4). 1033 Section 25. For the purpose of incorporating the amendment 1034 made by this act to section 119.07, Florida Statutes, in a 1035 reference thereto, subsection (11) of section 456.025, Florida 1036 Statutes, is reenacted to read: 1037 456.025 Fees; receipts; disposition.— 1038 (11) The department or the appropriate board shall charge a 1039 fee not to exceed $25 for the certification of a public record. 1040 The fee shall be determined by rule of the department. The 1041 department or the appropriate board shall assess a fee for 1042 duplicating a public record as provided in s. 119.07(4). 1043 Section 26. For the purpose of incorporating the amendment 1044 made by this act to section 119.07, Florida Statutes, in a 1045 reference thereto, paragraph (c) of subsection (1) of section 1046 458.3193, Florida Statutes, is reenacted to read: 1047 458.3193 Confidentiality of certain information contained 1048 in physician workforce surveys.— 1049 (1) All personal identifying information contained in 1050 records provided by physicians licensed under this chapter or 1051 chapter 459 in response to physician workforce surveys required 1052 as a condition of license renewal and held by the Department of 1053 Health is confidential and exempt from s. 119.07(1) and s. 1054 24(a), Art. I of the State Constitution, except as otherwise 1055 provided in this subsection. Information made confidential and 1056 exempt by this subsection shall be disclosed: 1057 (c) To a research entity, if the entity seeks the records 1058 or data pursuant to a research protocol approved by the 1059 Department of Health, maintains the records or data in 1060 accordance with the approved protocol, and enters into a 1061 purchase and data-use agreement with the department, the fee 1062 provisions of which are consistent with s. 119.07(4). The 1063 department may deny a request for records or data if the 1064 protocol provides for intrusive follow-back contacts, does not 1065 plan for the destruction of confidential records after the 1066 research is concluded, is administratively burdensome, or does 1067 not have scientific merit. The agreement must restrict the 1068 release of information that would identify individuals, must 1069 limit the use of records or data to the approved research 1070 protocol, and must prohibit any other use of the records or 1071 data. Copies of records or data issued pursuant to this 1072 paragraph remain the property of the department. 1073 Section 27. For the purpose of incorporating the amendment 1074 made by this act to section 119.07, Florida Statutes, in a 1075 reference thereto, paragraph (c) of subsection (1) of section 1076 459.0083, Florida Statutes, is reenacted to read: 1077 459.0083 Confidentiality of certain information contained 1078 in physician workforce surveys.— 1079 (1) All personal identifying information contained in 1080 records provided by physicians licensed under chapter 458 or 1081 this chapter in response to physician workforce surveys required 1082 as a condition of license renewal and held by the Department of 1083 Health is confidential and exempt from s. 119.07(1) and s. 1084 24(a), Art. I of the State Constitution, except as otherwise 1085 provided in this subsection. Information made confidential and 1086 exempt by this subsection shall be disclosed: 1087 (c) To a research entity, if the entity seeks the records 1088 or data pursuant to a research protocol approved by the 1089 Department of Health, maintains the records or data in 1090 accordance with the approved protocol, and enters into a 1091 purchase and data-use agreement with the department, the fee 1092 provisions of which are consistent with s. 119.07(4). The 1093 department may deny a request for records or data if the 1094 protocol provides for intrusive follow-back contacts, does not 1095 plan for the destruction of confidential records after the 1096 research is concluded, is administratively burdensome, or does 1097 not have scientific merit. The agreement must restrict the 1098 release of information that would identify individuals, must 1099 limit the use of records or data to the approved research 1100 protocol, and must prohibit any other use of the records or 1101 data. Copies of records or data issued pursuant to this 1102 paragraph remain the property of the department. 1103 Section 28. For the purpose of incorporating the amendment 1104 made by this act to section 119.07, Florida Statutes, in a 1105 reference thereto, subsection (16) of section 472.011, Florida 1106 Statutes, is reenacted to read: 1107 472.011 Fees.— 1108 (16) The department or the board shall charge a fee not to 1109 exceed $25 for the certification of a public record. The fee 1110 shall be determined by rule of the department. The department or 1111 the appropriate board shall assess a fee for duplication of a 1112 public record as provided in s. 119.07(4). 1113 Section 29. For the purpose of incorporating the amendment 1114 made by this act to section 119.07, Florida Statutes, in a 1115 reference thereto, paragraph (e) of subsection (2) of section 1116 1012.31, Florida Statutes, is reenacted to read: 1117 1012.31 Personnel files.—Public school system employee 1118 personnel files shall be maintained according to the following 1119 provisions: 1120 (2) 1121 (e) Upon request, an employee, or any person designated in 1122 writing by the employee, shall be permitted to examine the 1123 personnel file of such employee. The employee shall be permitted 1124 conveniently to reproduce any materials in the file, at a cost 1125 no greater than the fees prescribed in s. 119.07(4). 1126 Section 30. For the purpose of incorporating the amendment 1127 made by this act to section 119.071, Florida Statutes, in a 1128 reference thereto, subsection (5) of section 17.076, Florida 1129 Statutes, is reenacted to read 1130 17.076 Direct deposit of funds.— 1131 (5) All direct deposit records made prior to October 1, 1132 1986, are exempt from the provisions of s. 119.07(1). With 1133 respect to direct deposit records made on or after October 1, 1134 1986, the names of the authorized financial institutions and the 1135 account numbers of the beneficiaries are confidential and exempt 1136 from the provisions of s. 119.07(1) and s. 24(a), Art. I of the 1137 State Constitution. Notwithstanding this exemption and the 1138 provisions of s. 119.071(5)(b), the department may provide a 1139 state university, upon request, with that university’s employee 1140 or vendor direct deposit authorization information on file with 1141 the department in order to accommodate the transition to the 1142 university accounting system. The state university shall 1143 maintain the confidentiality of all such information provided by 1144 the department. 1145 Section 31. For the purpose of incorporating the amendment 1146 made by this act to section 119.071, Florida Statutes, in a 1147 reference thereto, section 119.0714, Florida Statutes, is 1148 reenacted to read: 1149 (1) COURT FILES.—Nothing in this chapter shall be construed 1150 to exempt from s. 119.07(1) a public record that was made a part 1151 of a court file and that is not specifically closed by order of 1152 court, except: 1153 (a) A public record that was prepared by an agency attorney 1154 or prepared at the attorney’s express direction as provided in 1155 s. 119.071(1)(d). 1156 (b) Data processing software as provided in s. 1157 119.071(1)(f). 1158 (c) Any information revealing surveillance techniques or 1159 procedures or personnel as provided in s. 119.071(2)(d). 1160 (d) Any comprehensive inventory of state and local law 1161 enforcement resources, and any comprehensive policies or plans 1162 compiled by a criminal justice agency, as provided in s. 1163 119.071(2)(d). 1164 (e) Any information revealing the substance of a confession 1165 of a person arrested as provided in s. 119.071(2)(e). 1166 (f) Any information revealing the identity of a 1167 confidential informant or confidential source as provided in s. 1168 119.071(2)(f). 1169 (g) Any information revealing undercover personnel of any 1170 criminal justice agency as provided in s. 119.071(4)(c). 1171 (h) Criminal intelligence information or criminal 1172 investigative information that is confidential and exempt as 1173 provided in s. 119.071(2)(h). 1174 (i) Social security numbers as provided in s. 1175 119.071(5)(a). 1176 (j) Bank account numbers and debit, charge, and credit card 1177 numbers as provided in s. 119.071(5)(b). 1178 (2) COURT RECORDS.— 1179 (a) Until January 1, 2011, if a social security number or a 1180 bank account, debit, charge, or credit card number is included 1181 in a court file, such number may be included as part of the 1182 court record available for public inspection and copying unless 1183 redaction is requested by the holder of such number or by the 1184 holder’s attorney or legal guardian. 1185 (b) A request for redaction must be a signed, legibly 1186 written request specifying the case name, case number, document 1187 heading, and page number. The request must be delivered by mail, 1188 facsimile, electronic transmission, or in person to the clerk of 1189 the court. The clerk of the court does not have a duty to 1190 inquire beyond the written request to verify the identity of a 1191 person requesting redaction. 1192 (c) A fee may not be charged for the redaction of a social 1193 security number or a bank account, debit, charge, or credit card 1194 number pursuant to such request. 1195 (d) The clerk of the court has no liability for the 1196 inadvertent release of social security numbers, or bank account, 1197 debit, charge, or credit card numbers, unknown to the clerk of 1198 the court in court records filed on or before January 1, 2011. 1199 (e)1. On January 1, 2011, and thereafter, the clerk of the 1200 court must keep social security numbers confidential and exempt 1201 as provided for in s. 119.071(5)(a), and bank account, debit, 1202 charge, and credit card numbers exempt as provided for in s. 1203 119.071(5)(b), without any person having to request redaction. 1204 2. Section 119.071(5)(a)7. and 8. does not apply to the 1205 clerks of the court with respect to court records. 1206 (3) OFFICIAL RECORDS.— 1207 (a) Any person who prepares or files a record for recording 1208 in the official records as provided in chapter 28 may not 1209 include in that record a social security number or a bank 1210 account, debit, charge, or credit card number unless otherwise 1211 expressly required by law. 1212 (b)1. If a social security number or a bank account, debit, 1213 charge, or credit card number is included in an official record, 1214 such number may be made available as part of the official 1215 records available for public inspection and copying unless 1216 redaction is requested by the holder of such number or by the 1217 holder’s attorney or legal guardian. 1218 2. If such record is in electronic format, on January 1, 1219 2011, and thereafter, the county recorder must use his or her 1220 best effort, as provided in paragraph (h), to keep social 1221 security numbers confidential and exempt as provided for in s. 1222 119.071(5)(a), and to keep complete bank account, debit, charge, 1223 and credit card numbers exempt as provided for in s. 1224 119.071(5)(b), without any person having to request redaction. 1225 3. Section 119.071(5)(a)7. and 8. does not apply to the 1226 county recorder with respect to official records. 1227 (c) The holder of a social security number or a bank 1228 account, debit, charge, or credit card number, or the holder’s 1229 attorney or legal guardian, may request that a county recorder 1230 redact from an image or copy of an official record placed on a 1231 county recorder’s publicly available Internet website or on a 1232 publicly available Internet website used by a county recorder to 1233 display public records, or otherwise made electronically 1234 available to the public, his or her social security number or 1235 bank account, debit, charge, or credit card number contained in 1236 that official record. 1237 (d) A request for redaction must be a signed, legibly 1238 written request and must be delivered by mail, facsimile, 1239 electronic transmission, or in person to the county recorder. 1240 The request must specify the identification page number of the 1241 record that contains the number to be redacted. 1242 (e) The county recorder does not have a duty to inquire 1243 beyond the written request to verify the identity of a person 1244 requesting redaction. 1245 (f) A fee may not be charged for redacting a social 1246 security number or a bank account, debit, charge, or credit card 1247 number. 1248 (g) A county recorder shall immediately and conspicuously 1249 post signs throughout his or her offices for public viewing, and 1250 shall immediately and conspicuously post on any Internet website 1251 or remote electronic site made available by the county recorder 1252 and used for the ordering or display of official records or 1253 images or copies of official records, a notice stating, in 1254 substantially similar form, the following: 1255 1. On or after October 1, 2002, any person preparing or 1256 filing a record for recordation in the official records may not 1257 include a social security number or a bank account, debit, 1258 charge, or credit card number in such document unless required 1259 by law. 1260 2. Any person has a right to request a county recorder to 1261 remove from an image or copy of an official record placed on a 1262 county recorder’s publicly available Internet website or on a 1263 publicly available Internet website used by a county recorder to 1264 display public records, or otherwise made electronically 1265 available to the general public, any social security number 1266 contained in an official record. Such request must be made in 1267 writing and delivered by mail, facsimile, or electronic 1268 transmission, or delivered in person, to the county recorder. 1269 The request must specify the identification page number that 1270 contains the social security number to be redacted. A fee may 1271 not be charged for the redaction of a social security number 1272 pursuant to such a request. 1273 (h) If the county recorder accepts or stores official 1274 records in an electronic format, the county recorder must use 1275 his or her best efforts to redact all social security numbers 1276 and bank account, debit, charge, or credit card numbers from 1277 electronic copies of the official record. The use of an 1278 automated program for redaction shall be deemed to be the best 1279 effort in performing the redaction and shall be deemed in 1280 compliance with the requirements of this subsection. 1281 (i) The county recorder is not liable for the inadvertent 1282 release of social security numbers, or bank account, debit, 1283 charge, or credit card numbers, filed with the county recorder. 1284 Section 32. For the purpose of incorporating the amendment 1285 made by this act to section 119.071, Florida Statutes, in a 1286 reference thereto, paragraph (b) of subsection (8) of section 1287 1007.35, Florida Statutes, is reenacted to read: 1288 1007.35 Florida Partnership for Minority and 1289 Underrepresented Student Achievement.— 1290 (8) 1291 (b) The department shall contribute to the evaluation 1292 process by providing access, consistent with s. 119.071(5)(a), 1293 to student and teacher information necessary to match against 1294 databases containing teacher professional development data and 1295 databases containing assessment data for the PSAT/NMSQT, SAT, 1296 AP, and other appropriate measures. The department shall also 1297 provide student-level data on student progress from middle 1298 school through high school and into college and the workforce, 1299 if available, in order to support longitudinal studies. The 1300 partnership shall analyze and report student performance data in 1301 a manner that protects the rights of students and parents as 1302 required in 20 U.S.C. s. 1232g and s. 1002.22. 1303 Section 33. Paragraph (a) of subsection (2) of section 1304 11.0431, Florida Statutes, is amended to read: 1305 11.0431 Legislative records; intent of legislation; 1306 exemption from public disclosure.— 1307 (2) The following public records are exempt from inspection 1308 and copying: 1309 (a) Records, or information contained therein, held by the 1310 legislative branch of government which, if held by an agency as 1311 defined in s. 119.003s.119.011, or any other unit of 1312 government, would be confidential or exempt from the provisions 1313 of s. 119.07(1), or otherwise exempt from public disclosure, and 1314 records or information of the same type held by the Legislature. 1315 Section 34. Subsection (2) of section 28.001, Florida 1316 Statutes, is amended to read: 1317 28.001 Definitions.—As used in this chapter: 1318 (2) “Public records” has the same meaning as in s. 119.003 1319s.119.011and includes each official record. 1320 Section 35. Paragraph (e) of subsection (12) of section 1321 28.24, Florida Statutes, is amended to read: 1322 28.24 Service charges by clerk of the circuit court.—The 1323 clerk of the circuit court shall charge for services rendered by 1324 the clerk’s office in recording documents and instruments and in 1325 performing the duties enumerated in amounts not to exceed those 1326 specified in this section. Notwithstanding any other provision 1327 of this section, the clerk of the circuit court shall provide 1328 without charge to the state attorney, public defender, guardian 1329 ad litem, public guardian, attorney ad litem, criminal conflict 1330 and civil regional counsel, and private court-appointed counsel 1331 paid by the state, and to the authorized staff acting on behalf 1332 of each, access to and a copy of any public record, if the 1333 requesting party is entitled by law to view the exempt or 1334 confidential record, as maintained by and in the custody of the 1335 clerk of the circuit court as provided in general law and the 1336 Florida Rules of Judicial Administration. The clerk of the 1337 circuit court may provide the requested public record in an 1338 electronic format in lieu of a paper format when capable of 1339 being accessed by the requesting entity. 1340 1341 Charges 1342 1343 (12) For recording, indexing, and filing any instrument not 1344 more than 14 inches by 8 1/2 inches, including required notice 1345 to property appraiser where applicable: 1346 (e) An additional service charge of $4 per page shall be 1347 paid to the clerk of the circuit court for each instrument 1348 listed in s. 28.222, except judgments received from the courts 1349 and notices of lis pendens, recorded in the official records. 1350 From the additional $4 service charge collected: 1351 1. If the counties maintain legal responsibility for the 1352 costs of the court-related technology needs as defined in s. 1353 29.008(1)(f)2. and (h), 10 cents shall be distributed to the 1354 Florida Association of Court Clerks and Comptroller, Inc., for 1355 the cost of development, implementation, operation, and 1356 maintenance of the clerks’ Comprehensive Case Information 1357 System, in which system all clerks shall participate on or 1358 before January 1, 2006; $1.90 shall be retained by the clerk to 1359 be deposited in the Public Records Modernization Trust Fund and 1360 used exclusively for funding court-related technology needs of 1361 the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall 1362 be distributed to the board of county commissioners to be used 1363 exclusively to fund court-related technology, and court 1364 technology needs as defined in s. 29.008(1)(f)2. and (h) for the 1365 state trial courts, state attorney, public defender, and 1366 criminal conflict and civil regional counsel in that county. If 1367 the counties maintain legal responsibility for the costs of the 1368 court-related technology needs as defined in s. 29.008(1)(f)2. 1369 and (h), notwithstanding any other provision of law, the county 1370 is not required to provide additional funding beyond that 1371 provided herein for the court-related technology needs of the 1372 clerk as defined in s. 29.008(1)(f)2. and (h). All court records 1373 and official records are the property of the State of Florida, 1374 including any records generated as part of the Comprehensive 1375 Case Information System funded pursuant to this paragraph and 1376 the clerk of court is designated as the custodian of such 1377 records, except in a county where the duty of maintaining 1378 official records exists in a county office other than the clerk 1379 of court or comptroller, such county office is designated the 1380 custodian of all official records, and the clerk of court is 1381 designated the custodian of all court records. The clerk of 1382 court or any entity acting on behalf of the clerk of court, 1383 including an association, shall not charge a fee to any agency 1384 as defined in s. 119.003s.119.011, the Legislature, or the 1385 State Court System for copies of records generated by the 1386 Comprehensive Case Information System or held by the clerk of 1387 court or any entity acting on behalf of the clerk of court, 1388 including an association. 1389 2. If the state becomes legally responsible for the costs 1390 of court-related technology needs as defined in s. 1391 29.008(1)(f)2. and (h), whether by operation of general law or 1392 by court order, $4 shall be remitted to the Department of 1393 Revenue for deposit into the General Revenue Fund. 1394 Section 36. Subsection (2) of section 73.0155, Florida 1395 Statutes, is amended to read: 1396 73.0155 Confidentiality; business information provided to a 1397 governmental condemning authority.— 1398 (2) An agency as defined in s. 119.003s.119.011may 1399 inspect and copy the confidential and exempt business 1400 information exclusively for the transaction of official business 1401 by, or on behalf of, an agency. 1402 Section 37. Subsection (1) of section 97.0585, Florida 1403 Statutes, is amended to read: 1404 97.0585 Public records exemption; information regarding 1405 voters and voter registration; confidentiality.— 1406 (1) The following information concerning voters and voter 1407 registration held by an agency as defined in s. 119.003s.1408119.011is confidential and exempt from s. 119.07(1) and s. 1409 24(a), Art. I of the State Constitution and may be used only for 1410 purposes of voter registration: 1411 (a) All declinations to register to vote made pursuant to 1412 ss. 97.057 and 97.058. 1413 (b) Information relating to the place where a person 1414 registered to vote or where a person updated a voter 1415 registration. 1416 (c) The social security number, driver’s license number, 1417 and Florida identification number of a voter registration 1418 applicant or voter. 1419 Section 38. Paragraph (c) of subsection (2) of section 1420 112.3188, Florida Statutes, is amended to read: 1421 112.3188 Confidentiality of information given to the Chief 1422 Inspector General, internal auditors, inspectors general, local 1423 chief executive officers, or other appropriate local officials.— 1424 (2) 1425 (c) Information deemed confidential under this section may 1426 be disclosed by the Chief Inspector General, agency inspector 1427 general, local chief executive officer, or other appropriate 1428 local official receiving the information if the recipient 1429 determines that the disclosure of the information is absolutely 1430 necessary to prevent a substantial and specific danger to the 1431 public’s health, safety, or welfare or to prevent the imminent 1432 commission of a crime. Information disclosed under this 1433 subsection may be disclosed only to persons who are in a 1434 position to prevent the danger to the public’s health, safety, 1435 or welfare or to prevent the imminent commission of a crime 1436 based on the disclosed information. 1437 1. An investigation is active under this section if: 1438 a. It is an ongoing investigation or inquiry or collection 1439 of information and evidence and is continuing with a reasonable, 1440 good faith anticipation of resolution in the foreseeable future; 1441 or 1442 b. All or a portion of the matters under investigation or 1443 inquiry are active criminal intelligence information or active 1444 criminal investigative information as defined in s. 119.003s.1445119.011. 1446 2. Notwithstanding sub-subparagraph 1.a., an investigation 1447 ceases to be active when: 1448 a. The written report required under s. 112.3189(9) has 1449 been sent by the Chief Inspector General to the recipients named 1450 in s. 112.3189(9); 1451 b. It is determined that an investigation is not necessary 1452 under s. 112.3189(5); or 1453 c. A final decision has been rendered by the local 1454 government or by the Division of Administrative Hearings 1455 pursuant to s. 112.3187(8)(b). 1456 3. Notwithstanding paragraphs (a), (b), and this paragraph, 1457 information or records received or produced under this section 1458 which are otherwise confidential under law or exempt from 1459 disclosure under chapter 119 retain their confidentiality or 1460 exemption. 1461 4. Any person who willfully and knowingly discloses 1462 information or records made confidential under this subsection 1463 commits a misdemeanor of the first degree, punishable as 1464 provided in s. 775.082 or s. 775.083. 1465 Section 39. Section 163.61, Florida Statutes, is amended to 1466 read: 1467 163.61 “Agency” defined.—For the purposes of ss. 163.61 1468 163.65, the word “agency” has the meaning ascribed in s. 119.003 1469s.119.011. 1470 Section 40. Subsection (1) of section 257.34, Florida 1471 Statutes, is amended to read: 1472 257.34 Florida International Archive and Repository.— 1473 (1) There is created within the Division of Library and 1474 Information Services of the Department of State the Florida 1475 International Archive and Repository for the preservation of 1476 those public records, as defined in s. 119.003s.119.011, 1477 manuscripts, international judgments involving disputes between 1478 domestic and foreign businesses, and all other public matters 1479 that the department or the Florida Council of International 1480 Development deems relevant to international issues. It is the 1481 duty and responsibility of the division to: 1482 (a) Organize and administer the Florida International 1483 Archive and Repository. 1484 (b) Preserve and administer records that are transferred to 1485 its custody; accept, arrange, and preserve them, according to 1486 approved archival and repository practices; and permit them, at 1487 reasonable times and under the supervision of the division, to 1488 be inspected and copied. All public records transferred to the 1489 custody of the division are subject to the provisions of s. 1490 119.07(1). 1491 (c) Assist the records and information management program 1492 in the determination of retention values for records. 1493 (d) Cooperate with and assist, insofar as practicable, 1494 state institutions, departments, agencies, counties, 1495 municipalities, and individuals engaged in internationally 1496 related activities. 1497 (e) Provide a public research room where, under rules 1498 established by the division, the materials in the international 1499 archive and repository may be studied. 1500 (f) Conduct, promote, and encourage research in 1501 international trade, government, and culture and maintain a 1502 program of information, assistance, coordination, and guidance 1503 for public officials, educational institutions, libraries, the 1504 scholarly community, and the general public engaged in such 1505 research. 1506 (g) Cooperate with and, insofar as practicable, assist 1507 agencies, libraries, institutions, and individuals in projects 1508 concerned with internationally related issues and preserve 1509 original materials relating to internationally related issues. 1510 (h) Assist and cooperate with the records and information 1511 management program in the training and information program 1512 described in s. 257.36(1)(g). 1513 Section 41. Subsection (1) of section 257.35, Florida 1514 Statutes, is amended to read: 1515 257.35 Florida State Archives.— 1516 (1) There is created within the Division of Library and 1517 Information Services of the Department of State the Florida 1518 State Archives for the preservation of those public records, as 1519 defined in s. 119.003(15)s.119.011(12), manuscripts, and other 1520 archival material that have been determined by the division to 1521 have sufficient historical or other value to warrant their 1522 continued preservation and have been accepted by the division 1523 for deposit in its custody. It is the duty and responsibility of 1524 the division to: 1525 (a) Organize and administer the Florida State Archives. 1526 (b) Preserve and administer such records as shall be 1527 transferred to its custody; accept, arrange, and preserve them, 1528 according to approved archival practices; and permit them, at 1529 reasonable times and under the supervision of the division, to 1530 be inspected and copied. 1531 (c) Assist the records and information management program 1532 in the determination of retention values for records. 1533 (d) Cooperate with and assist insofar as practicable state 1534 institutions, departments, agencies, counties, municipalities, 1535 and individuals engaged in activities in the field of state 1536 archives, manuscripts, and history and accept from any person 1537 any paper, book, record, or similar material which in the 1538 judgment of the division warrants preservation in the state 1539 archives. 1540 (e) Provide a public research room where, under rules 1541 established by the division, the materials in the state archives 1542 may be studied. 1543 (f) Conduct, promote, and encourage research in Florida 1544 history, government, and culture and maintain a program of 1545 information, assistance, coordination, and guidance for public 1546 officials, educational institutions, libraries, the scholarly 1547 community, and the general public engaged in such research. 1548 (g) Cooperate with and, insofar as practicable, assist 1549 agencies, libraries, institutions, and individuals in projects 1550 designed to preserve original source materials relating to 1551 Florida history, government, and culture and prepare and publish 1552 handbooks, guides, indexes, and other literature directed toward 1553 encouraging the preservation and use of the state’s documentary 1554 resources. 1555 (h) Encourage and initiate efforts to preserve, collect, 1556 process, transcribe, index, and research the oral history of 1557 Florida government. 1558 (i) Assist and cooperate with the records and information 1559 management program in the training and information program 1560 described in s. 257.36(1)(g). 1561 Section 42. Section 281.301, Florida Statutes, is amended 1562 to read: 1563 281.301 Security systems; records and meetings exempt from 1564 public access or disclosure.—Information relating to the 1565 security systems for any property owned by or leased to the 1566 state or any of its political subdivisions, and information 1567 relating to the security systems for any privately owned or 1568 leased property which is in the possession of any agency as 1569 defined in s. 119.003(2)s.119.011(2), including all records, 1570 information, photographs, audio and visual presentations, 1571 schematic diagrams, surveys, recommendations, or consultations 1572 or portions thereof relating directly to or revealing such 1573 systems or information, and all meetings relating directly to or 1574 that would reveal such systems or information are confidential 1575 and exempt from ss. 119.07(1) and 286.011 and other laws and 1576 rules requiring public access or disclosure. 1577 Section 43. Paragraph (a) of subsection (3) of section 1578 364.107, Florida Statutes, is amended to read: 1579 364.107 Public records exemption; Lifeline Assistance Plan 1580 participants.— 1581 (3)(a) An officer or employee of a telecommunications 1582 carrier shall not intentionally disclose information made 1583 confidential and exempt under subsection (1), except as: 1584 1. Authorized by the customer; 1585 2. Necessary for billing purposes; 1586 3. Required by subpoena, court order, or other process of 1587 court; 1588 4. Necessary to disclose to an agency as defined in s. 1589 119.003s.119.011or a governmental entity for purposes 1590 directly connected with implementing service for, or verifying 1591 eligibility of, a participant in a Lifeline Assistance Plan or 1592 auditing a Lifeline Assistance Plan; or 1593 5. Otherwise authorized by law. 1594 Section 44. Paragraph (d) of subsection (2) and subsection 1595 (5) of section 382.0085, Florida Statutes, are amended to read: 1596 382.0085 Stillbirth registration.— 1597 (2) The person who is required to file a fetal death 1598 certificate under this chapter shall advise the parent of a 1599 stillborn child: 1600 (d) That a copy of the original certificate of birth 1601 resulting in stillbirth is a document that is available as a 1602 public record when held by an agency as defined under s. 1603 119.003(2)s.119.011(2). 1604 (5) A certificate of birth resulting in stillbirth shall be 1605 a public record when held by an agency as defined under s. 1606 119.003(2)s.119.011(2). The Office of Vital Statistics must 1607 inform any parent who requests a certificate of birth resulting 1608 in stillbirth that a copy of the document is available as a 1609 public record. 1610 Section 45. Subsection (9) of section 383.402, Florida 1611 Statutes, is amended to read: 1612 383.402 Child abuse death review; State Child Abuse Death 1613 Review Committee; local child abuse death review committees.— 1614 (9) The State Child Abuse Death Review Committee or a local 1615 committee shall have access to all information of a law 1616 enforcement agency which is not the subject of an active 1617 investigation and which pertains to the review of the death of a 1618 child. A committee may not disclose any information that is not 1619 subject to public disclosure by the law enforcement agency, and 1620 active criminal intelligence information or criminal 1621 investigative information, as defined in s. 119.003(6)s.1622119.011(3), may not be made available for review or access under 1623 this section. 1624 Section 46. Subsection (9) of section 550.0251, Florida 1625 Statutes, is amended to read: 1626 550.0251 The powers and duties of the Division of Pari 1627 mutuel Wagering of the Department of Business and Professional 1628 Regulation.—The division shall administer this chapter and 1629 regulate the pari-mutuel industry under this chapter and the 1630 rules adopted pursuant thereto, and: 1631 (9) The division may conduct investigations in enforcing 1632 this chapter, except that all information obtained pursuant to 1633 an investigation by the division for an alleged violation of 1634 this chapter or rules of the division is exempt from s. 1635 119.07(1) and from s. 24(a), Art. I of the State Constitution 1636 until an administrative complaint is issued or the investigation 1637 is closed or ceases to be active. This subsection does not 1638 prohibit the division from providing such information to any law 1639 enforcement agency or to any other regulatory agency. For the 1640 purposes of this subsection, an investigation is considered to 1641 be active while it is being conducted with reasonable dispatch 1642 and with a reasonable, good faith belief that it could lead to 1643 an administrative, civil, or criminal action by the division or 1644 another administrative or law enforcement agency. Except for 1645 active criminal intelligence or criminal investigative 1646 information, as defined in s. 119.003s.119.011, and any other 1647 information that, if disclosed, would jeopardize the safety of 1648 an individual, all information, records, and transcriptions 1649 become public when the investigation is closed or ceases to be 1650 active. 1651 Section 47. Subsection (6) of section 607.0505, Florida 1652 Statutes, is amended to read: 1653 607.0505 Registered agent; duties.— 1654 (6) Information provided to, and records and transcriptions 1655 of testimony obtained by, the Department of Legal Affairs 1656 pursuant to this section are confidential and exempt from the 1657 provisions of s. 119.07(1) while the investigation is active. 1658 For purposes of this section, an investigation shall be 1659 considered “active” while such investigation is being conducted 1660 with a reasonable, good faith belief that it may lead to the 1661 filing of an administrative, civil, or criminal proceeding. An 1662 investigation does not cease to be active so long as the 1663 department is proceeding with reasonable dispatch and there is a 1664 good faith belief that action may be initiated by the department 1665 or other administrative or law enforcement agency. Except for 1666 active criminal intelligence or criminal investigative 1667 information, as defined in s. 119.003s.119.011, and 1668 information which, if disclosed, would reveal a trade secret, as 1669 defined in s. 688.002, or would jeopardize the safety of an 1670 individual, all information, records, and transcriptions become 1671 public record when the investigation is completed or ceases to 1672 be active. The department shall not disclose confidential 1673 information, records, or transcriptions of testimony except 1674 pursuant to the authorization by the Attorney General in any of 1675 the following circumstances: 1676 (a) To a law enforcement agency participating in or 1677 conducting a civil investigation under chapter 895, or 1678 participating in or conducting a criminal investigation. 1679 (b) In the course of filing, participating in, or 1680 conducting a judicial proceeding instituted pursuant to this 1681 section or chapter 895. 1682 (c) In the course of filing, participating in, or 1683 conducting a judicial proceeding to enforce an order or judgment 1684 entered pursuant to this section or chapter 895. 1685 (d) In the course of a criminal or civil proceeding. 1686 1687 A person or law enforcement agency which receives any 1688 information, record, or transcription of testimony that has been 1689 made confidential by this subsection shall maintain the 1690 confidentiality of such material and shall not disclose such 1691 information, record, or transcription of testimony except as 1692 provided for herein. Any person who willfully discloses any 1693 information, record, or transcription of testimony that has been 1694 made confidential by this subsection, except as provided for 1695 herein, is guilty of a misdemeanor of the first degree, 1696 punishable as provided in s. 775.082 or s. 775.083. If any 1697 information, record, or testimony obtained pursuant to 1698 subsection (2) is offered in evidence in any judicial 1699 proceeding, the court may, in its discretion, seal that portion 1700 of the record to further the policies of confidentiality set 1701 forth herein. 1702 Section 48. Subsection (6) of section 617.0503, Florida 1703 Statutes, is amended to read: 1704 617.0503 Registered agent; duties; confidentiality of 1705 investigation records.— 1706 (6) Information provided to, and records and transcriptions 1707 of testimony obtained by, the Department of Legal Affairs 1708 pursuant to this section are confidential and exempt from the 1709 provisions of s. 119.07(1) and s. 24(a), Art. I of the State 1710 Constitution while the investigation is active. For purposes of 1711 this section, an investigation shall be considered “active” 1712 while such investigation is being conducted with a reasonable, 1713 good faith belief that it may lead to the filing of an 1714 administrative, civil, or criminal proceeding. An investigation 1715 does not cease to be active so long as the department is 1716 proceeding with reasonable dispatch and there is a good faith 1717 belief that action may be initiated by the department or other 1718 administrative or law enforcement agency. Except for active 1719 criminal intelligence or criminal investigative information, as 1720 defined in s. 119.003s.119.011, and information which, if 1721 disclosed, would reveal a trade secret, as defined in s. 1722 688.002, or would jeopardize the safety of an individual, all 1723 information, records, and transcriptions become available to the 1724 public when the investigation is completed or ceases to be 1725 active. The department shall not disclose confidential 1726 information, records, or transcriptions of testimony except 1727 pursuant to authorization by the Attorney General in any of the 1728 following circumstances: 1729 (a) To a law enforcement agency participating in or 1730 conducting a civil investigation under chapter 895, or 1731 participating in or conducting a criminal investigation. 1732 (b) In the course of filing, participating in, or 1733 conducting a judicial proceeding instituted pursuant to this 1734 section or chapter 895. 1735 (c) In the course of filing, participating in, or 1736 conducting a judicial proceeding to enforce an order or judgment 1737 entered pursuant to this section or chapter 895. 1738 (d) In the course of a criminal proceeding. 1739 1740 A person or law enforcement agency that receives any 1741 information, record, or transcription of testimony that has been 1742 made confidential by this subsection shall maintain the 1743 confidentiality of such material and shall not disclose such 1744 information, record, or transcription of testimony except as 1745 provided for herein. Any person who willfully discloses any 1746 information, record, or transcription of testimony that has been 1747 made confidential by this subsection, except as provided for in 1748 this subsection, commits a misdemeanor of the first degree, 1749 punishable as provided in s. 775.082 or s. 775.083. If any 1750 information, record, or testimony obtained pursuant to 1751 subsection (2) is offered in evidence in any judicial 1752 proceeding, the court may, in its discretion, seal that portion 1753 of the record to further the policies of confidentiality set 1754 forth in this subsection. 1755 Section 49. Subsection (3) of section 636.064, Florida 1756 Statutes, is amended to read: 1757 636.064 Confidentiality.— 1758 (3) Any information obtained or produced by the department 1759 or office pursuant to an examination or investigation is 1760 confidential and exempt from the provisions of s. 119.07(1) and 1761 s. 24(a), Art. I of the State Constitution until the examination 1762 report has been filed pursuant to s. 624.319 or until such 1763 investigation is completed or ceases to be active. For purposes 1764 of this subsection, an investigation is considered “active” 1765 while such investigation is being conducted by the department or 1766 office with a reasonable, good faith belief that it may lead to 1767 the filing of administrative, civil, or criminal proceedings. An 1768 investigation does not cease to be active if the department or 1769 office is proceeding with reasonable dispatch and there is a 1770 good faith belief that action may be initiated by the department 1771 or office or other administrative or law enforcement agency. 1772 Except for active criminal intelligence or criminal 1773 investigative information, as defined in s. 119.003s.119.011; 1774 personal financial and medical information; information that 1775 would defame or cause unwarranted damage to the good name or 1776 reputation of an individual; information that would impair the 1777 safety and financial soundness of the licensee or affiliated 1778 party; proprietary financial information; or information that 1779 would reveal the identity of a confidential source, all 1780 information obtained by the department or office pursuant to an 1781 examination or investigation shall be available after the 1782 examination report has been filed or the investigation is 1783 completed or ceases to be active. 1784 Section 50. Paragraph (m) of subsection (2) of section 1785 668.50, Florida Statutes, is amended to read: 1786 668.50 Uniform Electronic Transaction Act.— 1787 (2) DEFINITIONS.—As used in this section: 1788 (m) “Record” means information that is inscribed on a 1789 tangible medium or that is stored in an electronic or other 1790 medium and is retrievable in perceivable form, including public 1791 records as defined in s. 119.003s.119.011. 1792 Section 51. Section 668.6076, Florida Statutes, is amended 1793 to read: 1794 668.6076 Public records status of e-mail addresses; agency 1795 website notice.—Any agency, as defined in s. 119.003s.119.011, 1796 or legislative entity that operates a website and uses 1797 electronic mail shall post the following statement in a 1798 conspicuous location on its website: 1799 1800 Under Florida law, e-mail addresses are public 1801 records. If you do not want your e-mail address 1802 released in response to a public records request, do 1803 not send electronic mail to this entity. Instead, 1804 contact this office by phone or in writing. 1805 Section 52. Paragraph (c) of subsection (4) of section 1806 741.313, Florida Statutes, is amended to read: 1807 741.313 Unlawful action against employees seeking 1808 protection.— 1809 (4) 1810 (c)1. A private employer must keep all information relating 1811 to the employee’s leave under this section confidential. 1812 2. An agency, as defined in s. 119.003s.119.011, must 1813 keep information relating to the employee’s leave under this 1814 section confidential and exempt from disclosure to the extent 1815 authorized by subsection (7). 1816 Section 53. Paragraph (c) of subsection (6) of section 1817 787.03, Florida Statutes, is amended to read: 1818 787.03 Interference with custody.— 1819 (6) 1820 (c)1. The current address and telephone number of the 1821 person and the minor or incompetent person which are contained 1822 in the report made to a sheriff or state attorney under 1823 paragraph (b) are confidential and exempt from s. 119.07(1) and 1824 s. 24(a), Art. I of the State Constitution. 1825 2. A sheriff or state attorney may allow an agency, as 1826 defined in s. 119.003s.119.011, to inspect and copy records 1827 made confidential and exempt under this paragraph in the 1828 furtherance of that agency’s duties and responsibilities. 1829 3. This paragraph is subject to the Open Government Sunset 1830 Review Act in accordance with s. 119.15 and is repealed on 1831 October 2, 2011, unless reviewed and saved from repeal through 1832 reenactment by the Legislature. 1833 Section 54. Subsection (5) of section 817.568, Florida 1834 Statutes, is amended to read: 1835 817.568 Criminal use of personal identification 1836 information.— 1837 (5) If an offense prohibited under this section was 1838 facilitated or furthered by the use of a public record, as 1839 defined in s. 119.003s.119.011, the offense is reclassified to 1840 the next higher degree as follows: 1841 (a) A misdemeanor of the first degree is reclassified as a 1842 felony of the third degree. 1843 (b) A felony of the third degree is reclassified as a 1844 felony of the second degree. 1845 (c) A felony of the second degree is reclassified as a 1846 felony of the first degree. 1847 1848 For purposes of sentencing under chapter 921 and incentive gain 1849 time eligibility under chapter 944, a felony offense that is 1850 reclassified under this subsection is ranked one level above the 1851 ranking under s. 921.0022 of the felony offense committed, and a 1852 misdemeanor offense that is reclassified under this subsection 1853 is ranked in level 2 of the offense severity ranking chart in s. 1854 921.0022. 1855 Section 55. Section 817.569, Florida Statutes, is amended 1856 to read: 1857 817.569 Criminal use of a public record or public records 1858 information; penalties.—A person who knowingly uses any public 1859 record, as defined in s. 119.003s.119.011, or who knowingly 1860 uses information obtainable only through such public record, to 1861 facilitate or further the commission of: 1862 (1) A misdemeanor of the first degree, commits a 1863 misdemeanor of the first degree, punishable as provided in s. 1864 775.082 or s. 775.083. 1865 (2) A felony, commits a felony of the third degree, 1866 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1867 Section 56. Paragraphs (a) and (c) of subsection (3) of 1868 section 893.0551, Florida Statutes, are amended to read: 1869 893.0551 Public records exemption for the prescription drug 1870 monitoring program.— 1871 (3) The department shall disclose such confidential and 1872 exempt information to the following entities after using a 1873 verification process to ensure the legitimacy of that person’s 1874 or entity’s request for the information: 1875 (a) The Attorney General and his or her designee when 1876 working on Medicaid fraud cases involving prescription drugs or 1877 when the Attorney General has initiated a review of specific 1878 identifiers of Medicaid fraud regarding prescription drugs. The 1879 Attorney General or his or her designee may disclose the 1880 confidential and exempt information received from the department 1881 to a criminal justice agency as defined in s. 119.003s.119.0111882 as part of an active investigation that is specific to a 1883 violation of prescription drug abuse or prescription drug 1884 diversion law as it relates to controlled substances. The 1885 Attorney General’s Medicaid fraud investigators may not have 1886 direct access to the department’s database. 1887 (c) A law enforcement agency that has initiated an active 1888 investigation involving a specific violation of law regarding 1889 prescription drug abuse or diversion of prescribed controlled 1890 substances. The law enforcement agency may disclose the 1891 confidential and exempt information received from the department 1892 to a criminal justice agency as defined in s. 119.003s.119.0111893 as part of an active investigation that is specific to a 1894 violation of prescription drug abuse or prescription drug 1895 diversion law as it relates to controlled substances. A law 1896 enforcement agency may request information from the department 1897 but may not have direct access to its database. 1898 Section 57. Subsection (5) of section 914.27, Florida 1899 Statutes, is amended to read: 1900 914.27 Confidentiality of victim and witness information.— 1901 (5) For the purposes of effectively implementing s. 914.25, 1902 any state or local law enforcement agency, state attorney, or 1903 the statewide prosecutor may provide written notification to an 1904 agency as defined in s. 119.003s.119.011or to a business 1905 entity operating under contract with, licensed by, or having any 1906 other business relationship with an agency, or providing 1907 services pursuant to s. 914.25, that information described in 1908 subsection (1) held by that agency or business is confidential 1909 and exempt from public disclosure. The state or local law 1910 enforcement agency, state attorney, or the statewide prosecutor 1911 providing such written notification shall also provide written 1912 notification to the agency or business as to when, in accordance 1913 with this section, identity and location information exempted 1914 pursuant to paragraphs (1)(a) and (b) can be made publicly 1915 available. 1916 Section 58. Paragraphs (a) and (b) of subsection (9) of 1917 section 943.031, Florida Statutes, are amended to read: 1918 943.031 Florida Violent Crime and Drug Control Council.— 1919 (9) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL MEETINGS 1920 AND RECORDS.— 1921 (a) The Legislature finds that during limited portions of 1922 the meetings of the Florida Violent Crime and Drug Control 1923 Council it is necessary that the council be presented with and 1924 discuss details, information, and documents related to active 1925 criminal investigations or matters constituting active criminal 1926 intelligence, as those concepts are defined by s. 119.003s.1927119.011. These presentations and discussions are necessary for 1928 the council to make its funding decisions as required by the 1929 Legislature. The Legislature finds that to reveal the contents 1930 of documents containing active criminal investigative or 1931 intelligence information or to allow active criminal 1932 investigative or active criminal intelligence matters to be 1933 discussed in a meeting open to the public negatively impacts the 1934 ability of law enforcement agencies to efficiently continue 1935 their investigative or intelligence gathering activities. The 1936 Legislature finds that information coming before the council 1937 that pertains to active criminal investigations or intelligence 1938 should remain confidential and exempt from public disclosure. 1939 The Legislature finds that the Florida Violent Crime and Drug 1940 Control Council may, by declaring only those portions of council 1941 meetings in which active criminal investigative or active 1942 criminal intelligence information is to be presented or 1943 discussed closed to the public, assure an appropriate balance 1944 between the policy of this state that meetings be public and the 1945 policy of this state to facilitate efficient law enforcement 1946 efforts. 1947 (b) The Florida Violent Crime and Drug Control Council 1948 shall be considered a “criminal justice agency” within the 1949 definition of s. 119.003(7)s.119.011(4). 1950 Section 59. Subsection (7) of section 943.0313, Florida 1951 Statutes, is amended to read: 1952 943.0313 Domestic Security Oversight Council.—The 1953 Legislature finds that there exists a need to provide executive 1954 direction and leadership with respect to terrorism prevention, 1955 preparation, protection, response, and recovery efforts by state 1956 and local agencies in this state. In recognition of this need, 1957 the Domestic Security Oversight Council is hereby created. The 1958 council shall serve as an advisory council pursuant to s. 1959 20.03(7) to provide guidance to the state’s regional domestic 1960 security task forces and other domestic security working groups 1961 and to make recommendations to the Governor and the Legislature 1962 regarding the expenditure of funds and allocation of resources 1963 related to counter-terrorism and domestic security efforts. 1964 (7) AGENCY DESIGNATION.—For purposes of this section, the 1965 Domestic Security Oversight Council shall be considered a 1966 criminal justice agency within the definition of s. 119.003(7) 1967s.119.011(4). 1968 Section 60. Paragraph (a) of subsection (1) of section 1969 943.0314, Florida Statutes, is amended to read: 1970 943.0314 Public records and public meetings exemptions; 1971 Domestic Security Oversight Council.— 1972 (1)(a) That portion of a meeting of the Domestic Security 1973 Oversight Council at which the council will hear or discuss 1974 active criminal investigative information or active criminal 1975 intelligence information as defined in s. 119.003s.119.011is 1976 exempt from s. 286.011 and s. 24(b), Art. I of the State 1977 Constitution, if: 1978 1. The chair of the council announces at a public meeting 1979 that, in connection with the performance of the council’s 1980 duties, it is necessary that active criminal investigative 1981 information or active criminal intelligence information be 1982 discussed. 1983 2. The chair declares the specific reasons that it is 1984 necessary to close the meeting, or portion thereof, in a 1985 document that is a public record and filed with the official 1986 records of the council. 1987 3. The entire closed meeting is recorded. The recording 1988 must include the times of commencement and termination of the 1989 closed meeting or portion thereof, all discussion and 1990 proceedings, and the names of the persons present. No portion of 1991 the closed meeting shall be off the record. The recording shall 1992 be maintained by the council. 1993 Section 61. Subsection (2) of section 943.032, Florida 1994 Statutes, is amended to read: 1995 943.032 Financial Crime Analysis Center and Financial 1996 Transaction Database.— 1997 (2) The department shall compile information and data 1998 available from financial transaction reports required to be 1999 submitted by state or federal law that are provided to the 2000 Department of Financial Services, to the Office of Financial 2001 Regulation of the Financial Services Commission, to the 2002 Department of Revenue, or to which the department otherwise has 2003 access. Information and data so received shall be utilized by 2004 the department in the Financial Transaction Database. The 2005 department shall implement a system utilizing the database that 2006 allows data review and processing to reveal patterns, trends, 2007 and correlations that are indicative of money laundering or 2008 other financial transactions indicative of criminal activity. 2009 The department shall, in consultation with the Department of 2010 Financial Services, the Office of Financial Regulation of the 2011 Financial Services Commission, and the Department of Revenue, 2012 establish the methods and parameters by which information and 2013 data received by such agencies are transferred to the department 2014 for inclusion in the database. Information developed in or 2015 through the use of the database shall be made available to law 2016 enforcement agencies and prosecutors in this state in a manner 2017 defined by the department and as allowed by state or federal law 2018 or regulation. All information contained in the database shall 2019 be considered “active criminal intelligence” or “active criminal 2020 investigative information” as defined in s. 119.003s.119.011. 2021 Section 62. This act shall take effect October 1, 2010.
